Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 01, 1911, Image 1

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    Omaha Daily Bee
Yomen Bcst Buyers
rrr tw. j, ma i,y women
orinjrt hest returns to advei users
WEATHER FORECAST.
For Nebraska Fair.
Kur Iowa Fair.
I'or weather report sec page 2.
VOL. XL NO. JU.
OMAHA, WEDNESDAY MOKXIXd, MAKt'lt 1. 1!U1 -TWELVE I'AUES.
SlNULE COPY TWO CENTS.
The
FRAUD CHARGES 0no Fatal Affray and
- NOT SUSTAINED i Sevnal Fights at
i Chicago Primaries
Homt Committee BaT No C;ganid
Effort Is Madt '., rrnpt Elec- j Richard Clark Shot and Killed by Ar
tioiu h a. , thur Quinn in Row in the Twenty-
V. Second Ward.
SENATORS INCmi, -. 'IER WAY ;
' j CHICAGO. Feb 2S.-One killing and fv-
Member nt TTnw.r i r Think- I "" "Hoiw disturbances niurkf.1 the
Methods Are'i'l
!
'ATETJ
,
DAN BUTLER IS
1 ' '
Report Aiertl City Clerks Work Is
I'.OneSt.
SOME MINOR FORMS OF CHEATING
It 1 fuimil ln.( 1 here Wan llrpent
Inu In 'IMril 'turd and Th:d Hah.
Iter II tiinl IWrr 1 i-il on
Some Hudiln'i,
i Staff Corn spondent I
Neb.. KpI. -". - Special
LINCOLN
Tele-
nm.l- Nil Keneval organised effort was 1
made to rot run Oiuahn last election.' ac j
nienibeis of the house committee of the
I' Klslmi.ee. winch lias completed Its In-
eti(itlt ni. 1 his report was presented
this afternoon at the opening of trc- day's
lull.
'I he report Is slaned In all ineinbers of
toe commit ice. The acnaie committees re
pott his not yet been siiuiillt'd.
The tern i of the hiiuf committee takes
up Hie cli.i i lies made hy Governor Aldricli
ctiiiut by count. It In held by the commit
tee, according to the report, that rubber
I anil.- were uftd on verting machines and
I bat repfating was practiced In the fiftii
pnclnct .if thf Tlif i rf waid. The effect of
the rubber bapd la declared to have been
Inc.msidei able.
I
A i oniplete exoneration is Kh en to Uan
O'jiirr, rny cieiK oi i.imana, ni ine report,
which dt-claies his work "honest and con
scientious." The pteseni e of "piofe-sinnal freeholders"
at the poIlM Is admit tod by the report,
which, however, auKKrsts that these en
tailed tirnfeyitinnii m itmv have tieen free-I
holders, neverthelehs.
It la held by the committee report that
the chains that blank affidavits were cir
culated, as aliened in affidavits filed with
the governor. Is unsustalned.
Colonisation in Admitted.
Among other charges of the governor
which the committee holds was not sus
tained Is that of the canting of a greater
cle in the Third ward than the total of
otlng population for that ward.
It la admitted that Greeks were colonized
Mt .Mi Houtli Thirteenth xtreet, the pool
hall exposed by The Bee.
Tlie famous succession of legal opinions
handed down on election day Is held to
have been legal and proper. The. law Is
held to be ambiguous.
The report summarises hi finding with
ha-diotarnt.tonf. . - ...
"We beiieve'that the officials of Omaha
by careful Investigation and vigorous pros
ecution could provent the recurrence of
any frauds in the future and could pro
tect the rights of all legal voters and pun
ish (hose, who Illegally vote.'-
What Ornate Will llo.
The senate committee has shown so far
no Intention of concurring In the house
report. The unmlwiakaoie "whitewash"
cnaravier oi mm oouuincni win prooauiy
not meet with the approval of at least
three members of th esenate committee
m 1 1 A lu i. nf ll.Aiii I ui.it 1 , bill II will He In
favor of a more severe description of af
fairs In Omaha. These two are receiving
Some support In the committee discussions
from Albert.' who would not be in favor of
too strong a document, but would probably
sign one mu"h more direct and more
searching than the Itouso report.
Hoagland w'lll stand agalnat a complete
whitewash and Tibbrts is the only doubt
ful one. This lineup Indicates that a report
mora favorable to the contentions of the
governor will appear in the senate when
th time comes.
Iloase Report In Fall.
The report ot the house committee In full
Is as follows:
"Your committee went to Omaha Feb
ruary 1 ,n1 took the evidence of a large
number of witnesses and all witnesses
who were reported to be able to give the
committee Information in reference to said
election frauds. We also caused to be
opened th poll books of the Third ward
of the city of Omaha and made an ex
amination ot said poll books. We have
also made a personal Investigation no far
aa we htt able to do so, of the voting
machines, th eplaces of registration, of the
number of voters and of other matters per
taining to said election.
"Tour committee has also fully consid
ered th evidence submitted to It by the
KAetnor, which Is In toe form of affi
dmlts. and U of Mt ' eevldence la here
with submitted In connection with th re-
f-ort.
1. 1st tSaveemir's Caaraea.
Re for commencing our Investigation
III Committee made a careful analysis of
the governor' message and concluded that
th following charges were the material
one therein contained, namely:
"1. 'Tnat at the election held In Novem
ber last there were nearly three times as
manv ovtes 0t as the census report
ho that there were male Inhabitant
in th Third ward of Omana.'
"J. 'That latge number of frauds came
through th eofflce of the city clerk la
and for th dty of Omaha either through
negligence, carelessneas or otherwise, and
that thousands of Illegal ovtes were cast
through corruption In th eway of forged
registration certificates going out of the
o ffie of th City clerk.'
"Thlrdp-Tliat professional freeholders
"Thr-That professional freeholders
mere stationed around to mak affidavits
fur arrangers or anyone who might debtee
to ole. y
"Fourth -That men who registered at the
proper tint but failed to be present at the
poll, that their volts were case for them
anj ho.
"Fifth Te.at In' many Instance during
buih primary and election day professional
freeholder were stationed In th city
clerk office tor the purpose ot aiding
oler to qualify; tost they did not know
th appiuant f.ir registration, but were In
tioducad to hi ni at aald time, and volun
teered their assistance after Introduction
, and sy'uhout sufficient acquaintance.
VfjA.ll.- That there a well directed
a. id o,'nned plan to provide all appll-
ania for registration on election day with
fi eehohlers. e'sld freeholder mould swear
tuet lie acquainted nlih said ap-
( .'wuWiiusd M astcvBd fage
vl
municipal primaries today. Arthur Quinn.
kiii of James A. Quinn, former city sealer,
and a well known politician. shnl and killed
rrl Clark, a hod rattler. In North
t'lurk streit. untr West Chicago avenue.
'after the man lind shot Quinn In the foot.
j The shouting was the climax of an election
! lolv- 4ulnn lder of Carter H. llarrl-
icon forces In tl;e Twenl y-second ward and
j was actliiK " special deputy sheriff.
) I'atrlck O'llern and an unidentified man
iiiiarrrled oer the election In the heigii
i luu hood of the juini shooting. G'llern
was stabbed oer the e e, and the man es
caprd O'llern will reco er.
Charles Klytin. an election Inspector In
the Forty-third precinct of the Sixth ward.
as arrested on a charge of Irregular con
duct. Flection t 'ommlssloner OcernecUl ordered
elet Hon clerks In the kigliteenth waid to
remove tliflr candidates- badges and com-
I mandoil various Inspectors to cease chal-
lenging voters.
President of Illinois
Central Finds His
Long Lost Brother;
Charles T. Markham Talks Over Tele
phone to His Brother Whom He
Has Not Seen in Years.
HorKINSYILLF,. Ky., Feb. 2S. Charles
T. Markman. president nf the Illinois
1 , B. .... I .,.11. ..I . I..., I . U . .1 . .I
Lriiuai lainouil, limif v ifm nvu VI lur
wnerfBllouU f lll.olhpr John T. M.,.k.
ham. from whom he had been separated
for forty-six years.
John T. Markham. Is 72 years old. and
has been working as bricklayer and
plasterer In this city for many years. The
two spoke to each other over the long dis
tance telephone to Chicago today and
made positive their relationship,
Charles as a baby was taken north from
Clarkavllle. Tenn., by his stepfather dur
ing the civil war. John Joined the con
federate army and after the war located in
Ilopklnsville.
Land Office Goes to
Timber Lake, S.D.
It Will Be Moved from Aberdeen Be
cause All Public Domain in That
Vicinity is Sold.
WASHINGTON, Feb. .-The land office
at Aberdeen, S. IX,. will be BKrye.rt to Tim
ber Ike, t. D, Mur J. .Much rivalry was'
iiown by the towns of Timber Lake, Mo
bridge and Isabel, when It waa announced
that a change was to be made. The change
i made because practically all of the
public lands In the vicinity of the present
office have been take up.
TIMBER LAKE. R. IX, Feb. 2R. (Special.)
It Is expected the land office will be
moved so It can be reopened for business
at Timber I-ake about May I. Timber Lake
Is a new town and Is the county seat of
Dewey county. It already has a population
of about GOO. with fine dwellings and sub
stantial houses. It Is located in the ceded
portion of the Cheyenne Hlver and Stand
ing Rock Indian reservations. The acreage
devoted to crops In the ceded lands will be
greatly Increased during the coming sum
mer. Twelve Immense steam breaking
plows now are at Timber Iake and other
points in the county awaiting the coming
of spring, when they will be utilised to
break many thousands of acres of virgin
prairie land, which this season will be de-
! voted to crops for the first time.
DOUBLE MURDER AND
SUICIDE IN PHILADELPHIA
Mlaa Jeaaette Lewis Polaona Her
Mother nod Nephew. K. B. Mil.
den, Jr., and Herself.
PH ILADKLiPHIA. Feb. .-Mls Jeanette
Lewis, aged 17 years, todsy murdered her
mother, Mrs. Sarah Iewls, aged 57 years
snd her nephew, Kdward II. Mllden, Jr.
aped years, by administering cyanide of
potassium and aftorward committing suicide
by taking a dose of the same drug. The
tragedy cccuired at the home of Kdward
H. Mllden, at Telham. a surburb. Miss
I .owls' sister, who was the wife of Mr.
Mllden. died Isat night in a hospital In the
elty and It Is believed th young woman
was erased by grief.
DAVENPORT YOUNG MAN
KILLS HIS STEPFATHER
Has Brandenbnrg Rhootn t'lnaa Muen
ter, M ko Is Accused of Abusing
Ilia Wife.
KAVKNPORT. Ia Feb. 28,-Bud Bran
denburg. 21 years old, shot and killed his
stepfather. Clans Muenter laat night after
being told by his mother that Muenter had
abused tier After the shooting Rrandmi
burg and hi mother went to th police
station and gave themselves up.
Lads of West Farnam District
Work a Get-Rich-Quick Scheme
Youiignters of th west Farnam dlstiict
have evolved a schema for relieving tne
residents ot that section of th almighty
dollar that Is a effective a It 1 novel.
And they have worked it with telling ef
fect. Th kid hav attacked th door bell
and developed a system to which mors
than on property owner ha donated for
the good of th caus.
Th system Is slinpl In the extreme. At
night the lads prowl through the neighbor
hood and unscrew the outer portion of th
belt, placing a piece of slotting paintx
within so as to break th connection. He
suit, th bell won't ring. Examination of
th batteries and the wiring prov that
these are perfect and the onder Is ht
is the matter with the bell.
The following day some innocent oung
exer apars at the house and Inquires If
lu dour bell will ring. Uui nuu'l at bomc
VOTE ON LOMMER
AT UJOJTCLOCK
Factions in Senate Compromise by
Fixing Time and Making Tariff
Board Unfinished Business.
ANOTHER NIGHT SESSION AVOIDED
Legislative Situation Materially Im
proved Following Stormy Passages.
RECIPROCITY ADVOCATES HOPE
Extra Session Still Considered Prob
able Despite Developments.
TO RUSH APPROPRIATION BILLS
Proposed Increased Rate oa roilig
of Advertising Sections of l.iro
Magazines Will He Dropped tt
Avoid Flllhnater.
WASHINGTON. Feb. 2S.-The agreement
o fth esenate reached shortly after S
o'clock to vote at 1:30 p. m. tomorrow upon
the resolution to unseat Senator Ixirimer of
Illinois and to make "unfinished business"
of the hill to rreate a permanent tariff
board, materially Improved the legislative
situation. This improvement does not by
any means wipe out the probability of an
extra session of ocngress," but it gave a
ea of hope, which was seised upon eagerly
by the advocatea of Canadian reclprocit.
The storm clouds which hung menacingly
low through an all-night session last night
lifted materially late today and when an
adjournment waa taken shortly after 8
o'clock until II o'clock tomorrow there
was promise of a further celarlng of the
legislative skies.
After a day of constant search for a
basis of agreement and amid a scene of
extraordinary Intensity of Interest and evi
dent mutual Inspiration the pro-Lorlmer
senators, most of them oppoaed to the
tariff board, and the pro-tariff board sen
ators, most of them opposed to Ixjrlmer,
"got together" In a manner which cleared
the situation and obviated the Impending
danger ot another night session.
So there will be a vote tomorrow after
noon on Senator I,orlmer's case and there
is little reason to doubt that It will sus
tain Lorlmer.
Tariff Board Haa Chance.
The tariff board proposition is at least
In a materially Improved position. The
vote of 53 to 21, by which It was made
the unfinished business, would Indicate
that should It come to a vote the bill
would be passed by a substantial majority.
Some go so far as to say It will receive
the entire republican vote of the senate.
Senator Hale gave notice he would attempt
to put five appropriation bills through the
senate tomorrow afternoon and evening.
These are the agricultural, postofflce, dip
lomatic and consular, the fortifications and
the military academy supply measures. -
It was said as a part of the arrange
ment clearing up the situation, it prac
tically waa agreed that the' proposed In
creased rates on postage on the advertis
ing sections of the largo magazines would
be dropped from the postofflce bill, ending
the possibility of a filibuster on that meas
ure. It also was said some other seriously
controverted Items In appropriations bills
likely to cause delay would be eliminated.
If Senator Hale's program Is carried out
tomorrow, and there Is every reason to
believe It will, the senate will be left only
with the sundry civil, the naval and the
general deficiency appropriation bills to
dispose of. Th senator from Maine warned
senators that unless they acted on the ap
propriation measures there would be a
strong chance that many of the Important
Items of these would eventually come In
extra session from a democratic house.
F.ilrs Session Still Probable.
No senator was so sanguine over the Im
proved legislative, situation as to predict
that the probability of an extra session
had lessened materially. Many of them
were "hoping" that such would prove to
be the case. If all of the appropriation
bills should be carried Into law, the only
extra session factor that would remain
to be disposed of is Canadian reciprocity.
The situation with regard to this agree
ment cannot be said to have changed, un
less It profits, as some hope It will, by the
clearing away of other matter, leaving
reciprocity to stand on Us own merits.
Although made the unfinished business
of the senate by a decisive vote, the per
manent tariff board bill cannot be said
to "off the rocks."
The democratic vo'te was almost solid
sgalnst the advancement of the measure
and Senator Money ,of Mississippi, while
pleading with senators to adjust their dif
ferences and avoid an extra session, de
clared he waa prepared to wage a long
fight against the tsriff board. He did
not think, however, that aenators should
let the tariff board Interfere with other
business. ,
There appeared to be somewhat more of
a disposition, however, to bring reciprocity
to a vote.
Yannsr Wants Vote.
Senator Toung of Iowa pleaded with sen-
1 ator " to face the measure squarely and
Tio vote so'ldly against It."
Mr. Toung seemed psrtlcularly anxloua to
bring the "Insurgent aenators to a 'show
down.' " as he expressed It, on the reci
procity bill. He accused them of being re.
sponsible for It because of their maledic
tions against the Payne-Aldrlch bill.
Th advocates of reciprocity took hope.
(Continued on Second Page.)
and maybe your has become Infected with
the hook worm, volunteers the kiddle. The
woman of the bouse admits that th bell
la on a strike. The kid then tells her hs
can fix It. but tt will be worth 1. All
he haa to do la to , remove the blotting
paper and th eagerness with which some
of th youngster went to th Job and th
quickness of th repair proved the undoing
of the lads.
Just why youngster could make repairs
that had stumped even ecpert electricians
caused an Investigation among th resi
dent, ho had been stung, that finally Jed
to the expour of the scheme.
The lads worked the game for all It was
worth. Often they worked it two or three
tunes on woman who were not of an In
vestigating turn of mind. But their ac
tivities have been brought to a close, so
l inrj win iuvdvi'i ii uiiuj iney can
fiame up some other proposition to skin
i lb uosusactlAf fiubUa,
j -
From th
Washington Herald, X.
BRIDGE CASEDISAPPOINTlNG
Iowa Railway Commissioners Hard
Hit by Court Decision.
BELIEVED ARBITRARY WAS HIGH
Welsh-Americans Celebrate St. David's
Day at Kntertnlnment Prnternnl
Companies Wonld Increase
Bates.
(From a Staff Correspondent.
DK8 MOINK8. la.. Feb. 28.-(Speclal Tel
egram.) Much disappointment was Indi
cated today by the Iowa railroad rommls
sloners and other Interested In the suit
decided by the Interstate Commerce com
mission In Washington on the Dubuque
bridge arbitrary. The ease was argued to
th commission two years ago by Attor
ney General Byers, who had developed the
fact that the bridge Is owned In fact by the
Illinois Central and hat th bridge arbi
trary nf 2i rents , with, f-ight tolls Ms
yielded over $8,000,000 the bridge was
built. It was expected that th commission j
would at least decide that the arbitrary is I
too nign ana discriminatory as compared
with, the charges for passing over other
bridges of like character, and this would
be followed by a suit in regard to th Ne
braska City bridge.
Welshmen Olebrate.
The Welsh-Americans of Dea Moines
celebrated St. David's day by an entertain
ment and rally addressed by Chief Justice
Evans and others. This Is the first time
the day has been celebrated here.
Fraternal Insurance societies of Iowa
are preparing a bill they will ask the legis
lature to pass that will give them the au
thority to Increase their ratea and put
the business on a better basis. The bill
will be Ilk that which was recommended
at the last convention ot Insurance com
missioners. The fratcrnals complain that
under the present Iowa law they are not
permitted to raise rates on old policies and
the result is that they are losing money,
Itock Island Bays Land.
The Kock Island railroad today made
purchase of a tract of land In Des Moines
with a view of enlarging its freight yards
and facilities as a part of the work of Im
provement in connection with It new north
and south line. The company bought the
line to Mason City and will build south to
a connection with the Kansas City line
and additional room is required her to
handle the business.
Bow man store to Accept.
While no public announcement of the fact
has been made It Is known that Dr. John
Bowman of New York, Intend to accept
the presidency of tr.e State university. He
was called here and was consulted before
his selection waa made by the board and
with the perfect understanding as to what
he would do. He has gone east to ar
range hi affair In connection with the
Carnegie . foundation and will return to
take up hla work at Iowa City soon.
Mlup ou Two Bills.
It transpire that in the house ot rep
resentatives a slight misunderstanding de
veloped on th last day before the recess
In the matter of the status ot th two
bills regarding the five-mil limit for
saloon In college cities. Two bills were
before the body, both Intended to make
It impossible to have any saloona open
In Iowa City, the commltte In charge
recommended one for indefinite postpone
ment and held back the other. Action waa
taken to kill off th on and then a motion
was filed to reconsider which will mske
It possible to still consider th legislation.
Are your rooms
rented?
Are they paying
you?
You tan make them do It.
The Bee tan turn them Into
silver dollars for you.
Call Tyler 1000 and tell the ad
taker all about It.
Site will prepare a notice for you
that will bring recults. She will tell
you bow long to advertise and how
to gave money on your advertising.
Don"t wait.
Don't hesitate.
Everybody reads Bee want ad.
Tyler 1000.
Readv to Make a Chance !
Value of Service
Factor in Deciding
Equity of Charges
Interstate Commerce Commission Lays
Down New Principle in Case Involving-
Freight Rates.
WASHINGTON, Feb. 28. A notable prin
ciple was laid down today by the Interstate
Commerce commission In a decision of the
case of the railroad commissioners of Iowa
against the Illinois Central railroad and
other carriers. In brief the commission
holds:
"The net revenues of a carrier have often
an undoubted and Important bearing on the
question of the reasonableness of its rates,
but the fact that they are greater than the
returns on ordinary business enterprises is
not sufficient In Itself to justify a finding
that the rates are excessive. The value of
th service and other factor-1 that enter
Into tt.e construction of rates must also be
taken Into consideration." ,
In this case the complainant urged that
3 cents, charged by the defendant lines for
the transportation of passenger over the
bridge of the Dunleitit Dubuque Bridge
company, between Dunleith or East Du
buque, In Illinois and Dubuque in Iowa,
was excessive and discriminatory.
The commission holds that the rate Is
not excessive, "when viewed from the
standpoint of all the carriers participating
in the traffic."
Bathtub Trust Case
Called in Detroit
Thirty-Four Individual Defendants
Attempt to Show that They Are
Entitled to Immunity.
DKTROIT. Mich.. Feb. JS.-The govern
ment's criminal case against the so-called
bathtub trust came up In the federal court
here today when Judge Dennlson heard ar
guments on the plea of thirty-four Indi
vidual defendants for a dismissal of the
case against them on the ground of Im
munity. William M. Carpenter, formerly justice
of the supreme court of Michigan, ap
peared for the defendant and today ar
gued that hi client by their answers in
the civil stilt at Baltimore were entitled to
Imunlty.
Special Assistant to the Attorney General
Kdttln P. Urosvetior of Washington, ar
gued for the government that the answers
mnde in the equity court at Baltimore were
merely the filing of a pleading, giving th
defense an opportunity to limit the Issues
aa they wish them to appear before the
court.
Nearly Four Hundred
Persons Are Drowned
Five Hundred Fishermen Carried Out
to Sea and Only Hundred and
Twenty Rescued.
ST. PKTKRSBURO. Feb. 2S According
to the official report of the fishing disaster
In the Gulf of Finland. 00 persons were
engaged several miles off the shore of Lav
ensarl Island, when on February 23, the ice
beneath them broke from th shore and
drifted away, carrying the fishermen, with
their families, horses and outfits, far out
to sea. Ice breakers were sent in pursuit.
A three days' search proved futile.
In the meantime th floe broke Into sev
eral parts, each bearing forty or fifty per
sons. In th breakup many fell Into the
water and perished. Two parties, totalling
130 persons, were subsequently driven
ashore. No news of the remainder has been
received.
Negro Blood Impossible of
Detection by Physical Test
BALTIMORE, Feb. t7.-Tr.at expert tes
timony as to whether negro blood can be
detected by means of superficial Indica
tions Is worthless was demonstrated her
today In th cas of Luella Leftrldge, 11
year of age, whose sister, Elizabeth,
brought suit to hav th child released
from a horn for negro children, on th
ground that she was of whit parentage.
A leading medical expert -testified that he
bad examined I.uella and with the excep
tion ot a blulfch tint In th "half moon"
ot cd ef bar finger nails, bad loung mo
POPULAR ELECTION DEFEATED
Senate Refuses to Pass Joint Resolu
tion by Vote of 54 to 33.
MR. BACON ATIEMPTS TO AMEND
Georgia Senator Makes Last F.ffort to
Bender Measure Acceptable to
Southerners. But Effort Is
Haled Ont of Order.
WASHINGTON. Feb. 28. The senate to
day defeated the resolution proposing an
amendment to the constitution to provide
that aenators be elected by direct vote of
the ieopl. A fight had been made by the
supporters of tho measure as was Indi
cated by the vote.
Fifty-four senators stood for the resolu
tion and thirty-three against it. Though
this division showed so large a majority In
favor of popular elections the number was
not sufficient by four to carry the measure
whnh renulrfd m tuo-thlrds tote. ,
"Immediately after the reading ot the
journal the popular vote resolution was
taken up. So long had the resolution been
before the senate and so carefully had the
membership been canvassed by Its support
er and It opponents tl.at It was recog
nized from the moment the question was
brought up that It would go down In de
feat. . Though It had been understood that de
bate would be shut off on the measure
when called up. Senator Bacon, who de
terminedly has opposed the resolution as
altered under the riutheiiand amendment
placing the control of the elections In the
hands of congress, hoped to have an
amendment adopted that might render the
measure acceptable to some o ft he south
ern senators. The Georgia senator's effort
waa to provide that federal supervision
of the elections should apply only In those
states wherein the legislatures had failed to
designate the manner and method of hold
ing the elections.
Vice President Hherman ruled the Haeon
amendment out of order and the roll call
was begun. It was followed with deepest
Interest. For a moment It was thought
tho calculations would be upset, for when
Benator Galllnger'a name was reached tils
answer was "aye." Ixoks of surprise were
exchanged by many senators, for the long
debate on the question had developed no
more Inveterate enemy to the resolution
than the New Hampshire senator. The
clerk had received several more responses
before It occurred to Mr. Gallinger that
something was wrong. He arose In some
haste and had tils name shifted to the
nays.
The roll call was:
Yeas
Bailey.
Psvls,
fixon.
Inipont.
Fry.
tremble.
Gore.
Gronna,
Guggenheim
Jones,
Iji Follettj,
Mot 'umber,
Martin,
Perkins,
Piles.
Rayner,
Khlvely,
Xlmmon".
8mlth (Md ),
Smith (Mich.)
fcmlth (H. C),
Ktephenson,
Htone,
Miitherland,
Swanson,
Taylor.
Thornton,
Warner.
Watson,
Young.
Total. M.
Heverldge,
Borah.
Bourne.
Bradley,
Brlggs.
Bristow,
Brown,
Burkett.
Burton.
Carter.
Chamberlain
Ciapp,
Nelson
Clark ( W)o ), Newlands,
Clarke (Ark.), Nixon.
Culberson. Overman,
Cullom. Owen,
Cummins. I'aynter,
Curtis,
Nays-
Bacon. Foster.
Hanlihead, Gallinger,
Hrandeee, Hale.
Bulkeley, Kryburn,
tiurnham, Johnston.
Burrows. Kean,
Crane. Iode,
Iiepew, ixminer,
I'lck, Money,
IMIIIngham, Oliver,
Flelcher, Page,
Flint.
Penrose,
Percy.
Itlchurdaon,
Root.
Ncott,
hmoot.
Taliaferro,
Tillman,
Warren.
Wetmnre
Total. VS.
There were four absentees Senators Aid
rlch. Frazier. Crawford and Terrell. Had
they been present. Mr. Terrell, it mas an-
(Continued on Fourth Page.y
Indications that h waa of negro parentage
rormer Attorney General Charles J.
Bonaparte, counsel for the home, then put
on the stand a sister of the girl's father
from Pittsburg, who testified they were
negroes, that th family had always been
considered negroes and that an unci of
the girls bad a dark brown skin. Proba
tion officer of the juvenile court of Pitts
burg produced a copy of the marriage l.
cense of the girl s parents, which showed
that the father was a negro.
Judg Nile remanded th girl to th
, negro lfiamutloa,
0LL1S -KILL (JOES
OiN GENERAL FILE
Senate Likely to Pass Measure in Form
to Which It Has Been
Changed.
PENALTIES WITHOUT VALUATION
Possibility Railway Commission Might
Order Latter.
HOUSE FAVORS A SIMILAR BILL
Determined Effort to Klil It in Lower
Body Futile.
KILLED ANTI-COURSING MEASURE
Committee to lni'Maatr stoin of
.vndltlHK Accounts on I'art of
sin le Makes Recommendation
Salary Raises labored.
i From r Staff Correspondent.)
LINCOLN. Feb. :'S (lSieclal )-The Oil!
j stock yards hill hs It was amended In con
feti'iiee tins morning was put on general
j file hy the senate this afternoon, and unle
some senators change their votes, will be
passed. The Tnv lor-Polefal hill was simi
larly placed by the house. The GUIs bill
as amended leaves n penalty, puts the
stock ynnls under the control of the rail
way commission, but cuts out the provisions
for a physical vatunt'on.
The nil prising feature of the bill may
develop to the sorrow nf the slock yards
If they are In truth opposed to a physical
valuation. Is that under lis provisions the
railway commission might order a physical
valuation as a part of lis advisory control.
It Is an open question whether or not tassy
could do this, but It Is very much more
probable that they could than thst any .
court order would be Issued to stop them.
An actual physical valuation then Is by
no means su 'inposlblllty under the pro
visions of the bill.
When the bill was taken up In the com
mittee of the whole there was p. loud Jangle
over the rules of procedure, as the senate
arose from s former committee meeting
without deciding Just what was to be done
with the bill. Finally the Ollls amendment.
'Ich was nothing but a complete revision
of the bill as oilis and I'lucek had ar
ranged It, was Introduced.
Albert Aualiiat Penalties.
Senator Albert moved as a substitute a
more ambiguous bill and one that provided
no penalties except by a provision to ex
tend over the atock yards the pen titles
against common caivlers for violating or
ders of tlie railway commission. This wss
supported by Albert In a speeen of some
length in which he urged moderation and
consideration for the commercial Interests
of the state.
O'lls spoke In favor of Ills bell nnd was
siconded bv Sktles and Hoaglaml. Hoag
land said Albert's 'aw would be Unen
forceable and Inconsistent. Th Albert
amendment was. then lost bv a standing
vote of 14 to 1" and,. lift? Ollls bill rcciu.i.
mended for third readfi.it by acclamation.
Whin the committee rose to report Bartos
moved not to concur. Tho roll csll stodd
on this motion:
Ayes Um it It ii sc. Hiirtos. tlorton, .lansen.
Kohl. Morehead. Reagan. Smith (Boone),
Tunner, Tlbbets, Volpp It.
Noes Albert, Banning, Budlhson. Brown,
I 'ordeal. Cox tHamllton), Cok. (Kearney),
Hoagland, Kemp, I.ce, GUIs, l'slcek. Rey
nolds. Selleck, lilies. Smith (Fillmore),
Talcott, Varner, Wilcox 19.
Test f Measure.
The surprise Wss Albert' vol, which
was cast to concur In the report against
his own amendment. The Ollls recommend
ation nn then ucrcptvrl by acclamation
and the bill goes on general file. The bill
now reads as follows:
"S. F. 11. I. A bill fof- ait act defining
slock yards, providing for the regulation
and control of the Same, giving the Htate
Railway commission jurisdiction to regu
late tho service, toll and charges thereof
and providing penalties, and to declare
such slock yards coinmon carriers and re
peaMng sections 3b7-a and Sl7-h of Cob
bey's Annotated Hatutcs of Nebraska for
iiie."
"Section 1. The terms slock yards as used
herein shall mean and embrace all cor
porations, Individuals, associations of In
dividuals, their lessees, trustees or receiv
ers (appointed by any court of lawful au
thority w hatsoever) that now or hereafti r
may own, operate, manage or control ny
yards and pens, railroad tracks, switches,
engines or other motive power, for the pur
pose of handling live stork In transit ami
for sale and all stock yards are hereuy
declared to be common carriers.
"Sec. 2. Th Ststn Hallway commission
shall have power to Issue orders regulating
servlie and charges of all kinds at all
stock yards, and the same shall be en
forced In the same manner snd under the
same penalties aa order regulating com
mon carriers provided, that where no
other penalty In provided by law for a
violation of any such order, ft shall be
punishable by a penalty of not less than
100. nor mora than "00 and where the
violation' is a continuing one, each day
thereof shall constitute a separate offense.
section 3. fcvery stock yartls shall han
i"le, unload and yard all Car of live stock
arriving between the hours of o'clock
a. m. and 6 o'clock p. m. and deliver into
yardes used by commission company, when
so requested, within two hours after the
final delivery of th same at the tracks of
mid stock yard by th connecting rail
road, except in cases of unavoidable delay
or unusual circumstances. For each half
hour's delay In handling and unloading
live stock beyond the period prescribed
herein any such stock yard shall forfeit
and pay to the shipper of ssld live stock
or hla agent as doinurragu. wtihln twenty
four hours after unloading said live stock,
the sum of SO for each car ot live stock
so delayed. Kald payment to be made by
mailing draft or certified check to agent
or owner. Provided, that it any part of
the forfeiture described In this section
shall be collected by a suit at law un
attorney's fee of 16 per car shall be al
lowed the plaintiff by th ecourt, but not
exceeding II.". on any on shipment.
"Section 4. Every stock yard shall keep
a record showing the time of delivery and
turning over at the yard Of said stock to
the commission firm, agent or owner.
"Section b. Kvery stock yard shall fur
nish sc.-.le facilities sufficient to weigh all
live stock without unreasonable delay. It
shall furnish yardage to handle all live
stock In yards and no charge shall be
niade fur yardage whei yard are not
furnished.
"Section (. That sections 31r-aand 31KT-b
of Cobbey's Annotated Statute of Ne
braska for 't be and the same are hereby
repealed."
An attempt to put quietus on all tului