ANTICIPATEROADS
STATE OF NEBRASKA FILES SUIT
IN SUPREME COURT.
ASKS RESTRAINING ORDER
Attorney General Thompson Takes
Steps to Restrain Railroads from
Violating Two-Cent Passenger
and Freight-Rate Laws.
In behalf of tho fltato of Nebraska,
Attornoy-Gcnoral William T. Thomp.
eon filed suit In tho supremo court of
Nebraska asking for an order re
straining tho railroads in Nebraska
from putting into effect any othor
than tho two-cent pauaougor rato and
the minimum frelght-ruto laws, passed
by tho last legislature
Tho action of tho attorney-general
comes as a surprlso to tho roadB, so
they say, and thoy rogard it as-a con
fession of weakness on tho part of tho
state, but admit thoy wero not pro
parod for such action. ,
John N. Baldwin, general solicitor
for tho Union Pacific railroad, in
speaking of tho action, said: "Tho
suits brought by tho stato against cer
tain of tho railroads aro novel and un
heard of in Judicial procoduro. It is a
confession of weakness upon the part
of the state. Those statutes lii ques
tion aro clear and mandatory. Jf thoy
are valid and constitutional thoy aro
oasily enforced. Would tho stato ask
a mandatory injunction against, an in
dividual requiring him not to commit
murder? I have no foar of tho state's
action so far as tho Union Pacific is
concerned. If thoso laws are consti
tutional and valid tho Union Pacific
will oboy thorn. If thoy aro not tho
state shpuld not ask for tho enforce
ment of their provisions.
'In my judgment there is a serious
question presented as to the relative
'powers and dutioB of tho stato and fed
eral government. Thoro has grown up
simh an intimate and necessary rela
tion between Interstate and local
traffic that the carriers havo had to
make these rates, state and Interstate,
by a "consideration of all the conditions
of both ,and have never acted upon the
consideration of one of those classes
taken by itself.
'"It may be' said that in this sense
And, because of the great and pressing
exigencies of tho business of the car
rlers in this country that in this one
particular at least the jurisdiction and
control of carriers will ultimately find
lodgement In .the federal court.
'.'Our, road and all others havo had
tho 2-cent .passenger fare in effect
since the law became operative,"
said John P. Stout, attorney for the
Missouri Pacific '.railroad. "Tho only
object I can conceive of the state is to
. aatlclpatp actlon-jby certain railroads
to, contest the nfcw laws. I do not
mean to speak with full and final au--tkbrlty,
'but I, can 'say so far as my
aaviee'goes, the Missouri Pacific never
Intended' to Join in an attack upon
these laws"."
TWO' YOUNG MEN DROWNED.
Lyle1 Soyd.iof Hastings Met Death at
Nelson.
V
Lyle Boyd of Hastings, -Nob., was
drowned at Nelson, Nob., and LaVerne
Arthur, his companion, who made au
effort to rescuo Boyd, lost his llfo In
the attempt. Lylo Boyd was woll
known in Hastings, where news of his
death was received as a sevoro shock.
The tragedy occurrod in a little lako
about two miles from Nelson, whoro
the young men, with other boys, had
gone in swimming, Boyd waded out
to .where some boys wore swimming.
He got beyond his dopth. He could
'.not swim and cried for holp. La Verno
Arthur went to his assistance and both
wore' drownod. Both young men
worked in a drug storo at Nelson, and
were about eighteen yonrs of age.
Lyle Boyd was a son of Mrs. Kate
Boyd of Hastings.
NOT AN EMERGENCY.
Telegraphers' Strike P3ed Up by the
President.
President Roosevelt has referred to
Cnarles P. Nelll, commissioner of la
bor,; without comment, tho various ap
peals "which have been made to him
by wire and mall to intervene to pre
vent tho threatened telegraphers'
strike.
' -The position Is taken that; no emer
gency "exists such as obtained at the
time the president intervened in tho
anthracite coal strike, but on the coiv
trary, the situation presented Is one
vhoro actjon by the government, 11
taken at all, may properly bo initiated
and directed by the bureau of labor,
of which Mr, Neill is the head.
MAYOR SCHMITZ CONVICTED.
Jury Returns Verdict Against San
Francisco Mayor on a Charge
of Extortion.
San FFranclsco. A Jury ot
twolvo of his peers has doclarcd Mayor
Eugono E. Schmltz, guilty of tho
crime of extortion as charged against
mm by tho Oliver grand Jury.
Tho Jury was out JUBt ono hour and
35 mlnutos. Thoy elected Charlos B.
Capp, foreman and at onco proceeded
to an Informal ballot.
This was cast vorbally and stood elov-
oh for conviction, ono lor ncaulttal.
Juror Burns, a shooraakor, cast tho
uissonung vote.
Thon tho twelvo men began a dis
cussion of tho evidonco which lasted
for nearly nn hour. At tho end of
that time the first formal ballot was
cast. It was a written ballot and
was unanimous for conviction.
Judgo Dunne took tho bonch at onco.
"Let tho Jury bo polled," ho said
quietly.
"Poll tho Jury," repeated Bailiff
Moore to tho clork.
That offlcal tolled over tho names
of tho twelvo.
"All present, your honor," ho report
od. Then turning and addressing thorn
ho said: "Gontlomon of the Jury, mve
you agreed on a verdict?"
Foreman Capp, white haired and
sonmod of face, rose very slowly in
his seat at tho far ond of tho lower
tier.
"Woihave," ho said boldly.
"What Is your verdict? Is tho do
fondant guilty or not guilty?"
Foroman Capp Bald quietly "guilty"
vory slowly and very low.
Then thoro was another wait of five
minutes. Tho mayor came presently
In his touring car, Motson and Falrall
and Barrett and Drew accompanying
him. They prossed down the aisle
and quietly took their accustomed
soats at that end of the counsel table
farthest from the Jury.
The silence was broken in a .hun
dred places at once, llko a wave
draining from tho rocks. A long drawn
"Ah." ran through the crowd. Then
"good" cried a volco in tho far cor-
nor. And "Good, good" echoed an
other spectator farther front
Believes Negros Innocent.
Washington. Tho examination ot
Major Penrose In command of the
negro troops stationed at Brownsville,
Tex., on August 13, when that town
was "shot up," and Captain Macklin
of Company C,. 25th infantry, con
sumed nearly the. entire time of the
senate coramltteo on military affairs
Tuesday. Major Penrose reasserted
his opinion that the negro troops were
innocent and that citizens had done
the shooting. He believed the shells
of Springfield cartrldg03 wore scatter
ed In the streets in. order to placo
the blame upon the soldiers.
Will Not Reduce Rates Voluntarily.
Chicago, 111. Western railroads
Thursday doclded not to apply
any two-cent passengor rates to In
terstate traffic unless compelled by
tho interstate commerce commission
or tho courts. The railroads havo as
sunied the attitude because of a de
sire not to bo placed In the light of
accepting any reduction In rates vol
untarily. In Bomo western states tho
twp-cent fares havo been put into ef
fect locally, but If the roads extend
the rate to interstate traffic thoy de
clare it would be a voluntary act and
might affect their standing in court.
" May Attack Harrlman Dials.
Washington, D. C. Develop
montf. Blnco the cabinet conference
at tho White house last Friday even
ing make it probable that tho govern
ment will begin proceedings under
tho anti-trust act against B. H. Harrl
man nnd his associates for violations
of tho law in connection with the so
called Chicago & Alton deal, the
Union and Southern Puclflc trnnsac
Hour and porhnps In conroocloc with
tbe Southorn Pacific and tho San
Pedro U attic agrcoincnt.
Gov, Folk Pardons Boodlers.
Jofferson City. Julius Lehmann
nnd Bmll Hartman, former St. Louis
councilman, convicted of boodllng and
sentoucod to tho penitentiary over
throe years ago, wero pardoned by
Governor Folk Friday and reloased,
after having served about half, their
sentence. They are tho last of the
convicted St. Louis boodlers to .leave
tho ponltetlary.
. Uncle 8am Company Overruled.
Leavenworth, Kan. Tho attor
neys for the Uncle Sam Oil company
horo Friday filed a demurrer to the
evidence introduced In support of tno
contention that the company should
bo declared bankrupt. After a dls
cusslbn, District Judgo Amldon over
ruled tho motion and orderod the caso
to proceed.
A Two Cent Measure Killed.
s Madison, Wis. Tho senate by a
voto. of 21 to 6 killed tho two cent
fare railway bill after tho measure
had been under debate for an hour and
a half.
P08INQ UNDER
! :
A Slight Delay In Securing the Nega
ship."
AT HOME AT SAGAMORE HILL
President and Family Take up Their
Summer Residence There.
Executive Offices At Oyster Bay
Opened With Additional Equip
ment An Automobile Service.
Oyster Bay, N. Y. President
Roosevelt and his famllv aro at homo
at Sagamoro Hill. Tho trip from
Washington, which was begun
Wednesday morning in drizzling rain,
ended in sunshine at 5 o'clock Wed
nesday afternoon. A Jersey Citv and
Long Island City crowds surrounded
his car shouting greetings and when
tho train drew In here the station
platform was thronged with neighbors
who extended Oyster Bay's usual
demonstrative welcome.
Before dark Wednesday night the
executive i offices wore completely
equipped, 4Wlth all necessary parapher
nalia including telegraphic and tele
phonic connections, and the summer
capltol may be said to be fully es
tablished. The facilities of the exec
utive offices and tho secret service
agency have been added to this year
in the shape of two steam touring
cars of the largest type. One car Is
at the disposal of Secretary Loeb and
the other for the use of the secret
service men Twelve minutes has
been established as the speed limit
from tho executive offices to Saga
more Hill three miles away. Here
tofore automobiles have not been per
mitted to titer tho grounds of the
president's country place.
Still Undecided in Oklahoma.
Guthrie, Okla. Official returns
from 42 counties in Oklahoma and
Indian territory Wednesday night
glvo C. N. Haskell a plurality of 3,352
over Leo Cruce in the race for gov-
oor and Hoffman, candidate for
United States Senator from the Ok
lahoma side, a plurality of 200 over
Gtre. R. L. Owen is named senatorial
candidate from Indian territory. There
is no material change in the balance
of the ticket. Unofficial rotuvns from
55 counties give Cruco slightly tho
better of Haskell.
Light Sentence for Anarchists.
Madrid. The court Wednesday
handed down Us judgement In the
cases of Senor Ferrer, director of the
Modern school of Barcelona, Jose
Nakons, editor of tho El Motln, Mnto
Ilarla, and others charged with com
plicity In the nttompt to assassinate
King Alfonso and Queen Victoria on
tholr wedding day, May 31, 190C.
Nakons and Mato Ilarla wero sen
tenced to nlno years Imprisonment,
whllo Ferrer and tho others wero
acquitted.
Kansas Jolntlsts Punished.
Cherokee, Kansas. Ono of tho
most drastic moves ever . mado
to enforce the Kansas prohibitory
law was taken hero Wednesday when
four fealoon keepers, who Tuesday
pleaded guilty to violating tho laws,
wero fined $100 each, ordered to pay
tho cost of tho suit and sentenced to
30 days on the rock pile, effective at
onco. Tho men sentenced wore W. A.
Does, George Sheward, Adolp Ahrons
and B. C. Johnson. They say they
will appeal.
Gov. Little's Condition Worse.
Fort Smith, Ark. Governor John
S. , Little, Is again near death, ac
cording to a bulletin Issued at 10 o'
clock Wednesday night .
DIFFICULTIES.
tlve for That Great
Picture, "Friend-
CONTEST TWO-CENT FARES
Railroad Presidents Meeting at Chi
cago Decide to Resist New Laws
in At Least Five States.
Chicago. Western railroad presi
dents at a conference hero Tuesday
decided to contest , the two-cent pas
senger laws in at least five states
Illinois, Nebraska, Missouri, Iowa and
Arkasas. Following this decision the
passenger representatives of all
western road agreed not to grant any
reduced rate for any occasion until
the two-cent fight shall have been
concluded. The passenger men wer.e
I presented with a letter written by
Secretary Moseley of the lnter-sta'te
commerce commission to the Central
Passenger Association stating that
the proposed plan for putting National
Educational Association rates into ef
fect Is illegal and connot be tolerated.
Officers of the association will en
deavor to have "the ruling changed, as
they declare that the life of the or
ganization depends upon it.
In pursuance of the decision, of tue
railroads to fight the two-cent laws
and not to grant reduced fates, the
Chicago Commercial Association and
the St. Louis Merchant's Association
and similar organizations will be told
that rates for merchants' meetings
are no longer available. This decis
ion will also cut off clergymen, char
ity workers, state conventions, sisters
of charity and all who have enjoyed
cheap rate privileges for years will
be placed upon a strict two-cent basis.
AT THE HAGUE.
Delegates from Various Countries
Are Arriving America to Play
a Leading Role This Time.
The Hague. The delegates of
various countries to the second
Hague peace conference which will
be formally opened June 15 accompa
nied by a host of secretaries, techni
cal experts and attaches, together
with a small army of newspaper cor
respondents are arriving here by ev
ery train and the lazy old dutch capi
tal Is beginning to buzz with an
animation such as has not been wit
nessed slnco tho conference of 1890.
Already a feeling is prevalent among
tho arriving diplomats that the United
States is destined to play a great role
in the coming conference. Under her
auspices tho countries of South and
Central America will bo Introduced to
Europe on a footing of equality. The
European delegates entertain no doubt
that all tho representatives of Amer
ica will present a practically united
front- at this conference and hence
forth they will bo an immense factor
in such world conventions. Somo
surprises are expected from tho other
side of the Atlantic.
The delegates aro essombllng in
a spirit hopeful of furthering tho unfin
ished work of 1899, but upon tho main
question tho limitation of armaments,
much skepticism is displayed.
No Tax on "Futures" Now.
Kansas City. Judge McPhorson
In tho United States circuit court
Wednesday issued a temporary re
straining order to prevent tho stato
auditor of- Missouri from selling any
stamps under the now stamp tax law
which provides for a tax of 2 cents
on every salo of grain or stocks where
no actual delivery is made.
Carrie Nation Arrested In Washington
Washington. Carrie Nation, after
haranguing a crowd in front of a
down-town saloon was arrested on tho
charge of disorderly conduct. She
was released on $20 collateral.
THE COURTS IN CONFLICT
Railroads GeJs Federal Injunction
Against Missouri Officials.
Hadiey Secures Restraining Order In
State Courto to Compel Roads to
Obey Two-cent Fare Law.
St. Louis. A temporary restrain
lng order operative against seven
railroads centering In St. Louis was
obtained Friday from Circuit Judgo
Reynolds by Attorney General Had
iey as part of a movement instituted
by him to compel the railroadVof Mis
souri to obey two-cent passenger rate
law and the maximum freight rate
statute both of which went into ef
fect Friday. The action in St. Louis
was simultaneous with a similar ac
tion In Kansas City where Assistant
Attorney General Kennlsh obtained a
temporary restraining order against
other roads of Missouri. Eighteen
roads are concerned in the matter.
When Attorney General Hadiey,
learned Friday that tho railroads,
through Attorney Frank Hagerman,
obtained an Injunction from Federal
Judgo McPherson at Kansas City,
prohibiting tho state officials from en
forcing the two-cent rato and Maxi
mum freight laws he declared they
had violated an agreement with him
not to file an application for an in
junction until Friday. He stated that
he had no official knowledge of what
action the railroad companies took
before Judgo McPherson.
"If the railroads did obtain an in
junction from Judge McPherson
Thursday, then I Intend to go into
court and charge them with fraud In
their representations to the attorney
general's office, he said. "I under
stand the railroad injunction is di
rected against myself and the board
of railroad .commissioners. We can
in no sense be made defendants.
These are criminal Btatues arid must
bo enforced by tho prosecuting offi
cials.
"In every county of this state the
railroads can be indicted if they fall
to comply with the provisions of the
two-cent law. They will also be, In
contempt of the state courts.
"I realize that this Is a pretty big
fight, but the state is prepared to con.
test it to -the finish."
THE LAUNCH LOCATED.
The Ltttle, Craft W,h.h:h, Eleven Men
Went Down in Hampton Roaas
Found on Bottom..
Newport News, Va. With can
opy frinje. crushed, but canvass
still tightly fastened down, the missing
launch of th battleship MHnnesota
was located in 27 feet of water about
1,000 yardB west by south of Fort
Wool Friday afternoon about 5 o'clock.
Across the little craft was a tell-tale
piece of towing line serving to con
vince the naval officers that they
are right n their theory that the
launch was run down by a float of
some kind In tow of a tug. The diver
who went down to examine the launch
reported that the heads and arms of
three men were protruding from be
neath the canvass covering; the men
having mado a desperate fight for life
when they wero carried down like rats
In a trap.
It will be 5 o'clock Saturday morn
ing before the launch can be raised
and no one knows how many bodies
win do found.
Central American Wars.
Washington, D. C. A sanguin
ary war perhaps two wars or moro
with as many revolutions added for
good measure is what the state de
partment officials now expect to mark
tho summer of 1907 In Central Amer
ica. Thoy were much cast down over
tho sudden and unexpected falluro of
tho joint efforts of tho governments
of Mexico and America to bring about
a condition of pormanont peace be-
tltriin flin 4 i . . 1 . .. 1 L i l . .
luiuuimii rupuuiics in uon
tral America.
Americana Helped Horse 8how.
London, England. Tho horse show
closed Thursday night. It has been
witnessed by over 200,000 persons and
It has' been a remarkable success, ex
ceeding all expectations. Never be
foro has anyhorse show scheduled in
England had tho interest as has this
one, duo largly to tho energy and en
thusiasm of tho American supporters
and the fine exhibit of American ani
mals. Tho success of Americans in
the competitions aro considered well
deserved.
Chinese Must Go Home.
Potorla, Transvaal. Premier
Botha announced In parliament Fri
day that the government Intended to
send hom all Chinese miners as their
contracts expired. Sixteen thousand
will go this year. In their places tho
government proposes to secure native
workers.
