NEBRASKA NEWS FEDERAL COURT RULES IN FA- 4 VOR OF THE STATE. IN THE EXPRESS RATE CASE Issues Are Joined and the Injunction Suit May Now Be Tired On Its Merits -Other l" 8tate News. , Judge W. II. Mnnfrit of the federal court has ovorrulod tho expectlons of express companies to the answer of the stale in nn injiirirtlon Hiilt which the oonrpanles Instituted lo prevent the Nebraska railway coiutiiiHsiuii from enforcing tlio Sibley act which trainees harge on merchandise uitd imoiiey. TIiIh joins tlio issues mid tlio liijntiction hiiI L may now lie Irlotl on its merits. A Kiilt. hied hy tho state lo prevent express companies from violating tlio Sibley net Is ponding In tho supreme conn of Nebraska. In the injunction stilt ponding In he federal court at Omaha Attornoy General Thompson's answer contained tho allegation thai, the express com panies pay linroaHoiiiililo rates to rail. roadH for carrying goads, that the stockholders and officers of tlio rail roadH and express companies are In fluma instances tho same and that the olllcors receive unreasonable salaries. To this the express companies filed exceptions, hut these are overruled by Judge Munger. FATAL ACCIDENT AT STANTON. Rabbit Hunter is Killed by Explosion of His Shotgun. George Brlorlon, u farmer living In "Spring Branch, near Stanton, Nob., called at the home .of his neighbor, D. W. Lycan, and proposed a rabbit limit. Mr. Lycan assented and he and his sou equipped themselves and Joined -him. The course of tho hunt Jay over the farm occupied by Brier ton. Ah lie was going along with Lycan and his son Brlortoti thought ho saw a rabbit, undor soino earth or brush. Taking hl hotgun by tho muzzle he etruck at the projecting dirt Intend lug to scare the rabbit, stating to Mr. Tiycon: "You take him if ho gots away from me." Tho projection under .'which the rabbit was supposed to be .'hiding proved to bo hard frozen jround. The shotgun Brierton held !iri his hand was discharged by the Mow, the load taking effect in his foody at. the waist band. Lycan at omui -sent for help but Brierton died within fifteen minutes aftor the shoot ing. State Treasury Flourishing. 'State Treasurer G. L. Brian's re port for the month of December, mows no effect of the recent financial flurry. A big Increase in collections and cash on hand indicates that the last Iraco of tho Hurry has disap peared. The treasurer has collected enough money to make up all or the Htnto warrants that wore bought by film apd held as cash Items and only tho $60,000 of Idaho bonds purchased by him I ant fnll remain in the "cash item" list. There is $106,n.11 in the permanent school fund loft over for good measure. The $346,800 in the 'temporary school fund is not all velvet because not u great, deal of tho $264, 000 semi-annual apportionment that is to come from this fund has yet been paid to the counties. The item that jcounta is one of $500,518' cash on hand in state depositories. Tho total .amount of cash, Including. $60,000 ol .Idaho state bonds, which tlio treas urer Is accountable for and lias on liuml Is $501,998.16. Morning Fire at Edgar. Fire was discovered In the lurge Store building on the corner tof C ami Third streets, Edgar, Neb. Tho fire company succeeded In conlliilng the fire to the building In which it started. The building was "owned by Captain 'William Sax to n of- Hastings and was occupied by J. W. Roomer as a storo room for farm machinery and auto mobiles. The building and all Its con ten (a wero destroyed. The lo-as on building and contents will he about $10,000 to $12,000. There was $1,000 Insurance on the building and $6,000 on the machinery and automobiles. The origin of the fire Is not known. New School for Valentine. A special election was held at Val entitle, Neb., to determino whethor or not the district -would Issue $5,000 'bonds to build a two-story addition to ttie school house, and make it poa ible to add n twelfth grade nnd be come a first class four-year high school under the new law. The vote was 201 for and sixteen against. The building will be started in the spring nd will probably be ready for the uert fH tr in 1998. LIBRARY FOR FAIRBURY. Carnegie Promises $10,000 to Start One, With Conditions. According to n letter received In Falrhury from James Bertram of Now York City, Andrew Carnegie contem plates giving Falrhury a donation of $I0,0U0 to build a public library building. Last August a letter was nddrosscd to Mr. Carnegie by tho Commercial club of Falrhury asking for a dona tion for a library building. Nothing was heard from the request until about a month ago when a letter was received stating that Mr. Car negle had Just returned from abroad and wan ready to act upon the re quest. Tho letter also contained u list of questions relative to the status' of tho present library niid tho willing noss of tho city to maintain a li brary after It was built, The an- Hwers to those questions were for warded to Mr. Carnegie ovor the sig nature of Mayor Kavanaugh, and a letter Just received from New York City from Mr, Bertram, M. Carnegie's agent, signifies that the donation of $10,000 will be forthcoming as soon as the council hy resolution votes a maintenance fund of $1.0J)0 a year and the city buys a site. Mayor Kavanaugh is of the opinion that It will bo easy to comply with the demands mado by the man of public library fame which undoubted ly melius that work -will be started on tho building not later than spring. NEW HISTORICAL SOCIETY. Mississippi Valley Association Is Formed C. S. Paine, Secretary. C. S. Puluo, secretary of tho Ne braska historical society, was elected secretary of the Mississippi Valley Historical Association when that or ganization was formed at Madison, Wis., last week. The society as formed grow out of the movement started In Lincoln last fall when the secretaries from state historical so cieties In the Mississippi valley were called together to take over tho work of historical societies. It was found at the meeting at Madison that there was a real demand for the middle western society and so a division of the national historical society t was mude. Tlio object of tho new society Is to write and keep records of tho Mississippi valley. Meetings are to lie hold semi-annually, the next one taking place June 25, at Lake uMlnne- temka, Minn. Any one interested in the history of the valley can becomo a member of tho new society. Other officers woro elected as follows: President, Dr. ThomSs M. Owno, 'Birmingham, Ala.; vice president, Profossor Clarence W. Alvord, Uni versity of Illinois, Urbana; secretary, C. S. Paine, Nebraska historical so ciety, Lincoln; additional members executive committer, Colonol George W. Martin, Topeku, and Dr. Rueben O. Thwaltos, Madison. BLACK BASS BEING SAVED. Thousands Taken From Ponds Near Crystal Lake. Game Warden Carter received word from W. .1. O'Brien, superintend ent of state firsh hatcheries, that ho has secured ton thousand black bass from the ponds and- sloughs near Crystul lako in Dakota county. These bass are taken from the shallow sloughs and ponds along the Mis souri river bottom and placed again In Crystal lake. In one haul with a net 'Mr. O'Brien roports eighty-nine black bas being caught, weighing no in one to nvc ikjuikis oacn. THREE FIRMS LOSE BY FIRE. Early Morning Blaze at Aurora, Neb., Starts in Barber Shop. Flro on tho north side of the square at Aurora cleaned out threo business firms. The fire originated In tho rear of Tony Henilksen's tailor shop and spread rapidly to adjoining buildings. The tailor shop and barber shop ad joining wero totally destroyed. Most of the furniture was removed from tho barber shop before tho flumes reached there. Will Shorten a Long Bridge. Twelve spans of the present big steol bridge of tho Burlington at Fremont will ultimately be removed for tho use at another point when tho road finishes Its river channel diver sion scheme. By this scheme It will turn all the water of the Platto Into a narrow channel near the south end of tho bridge. Work on tho dyke Is now ' In progress. Two trains and fifty men are employed on the job and it is tho intention to get It fin ished before spring. Loaded? Oh, Yes. The three-year-old daughter of Her man Wintor, living north of Sweot water about four miles, was very se riously ir not fatally vvdunded by tho accidental discharge of a target title In the bauds of a nolghbor boy named Meyer. Although tho child- Is ullve, her recovery Is very doubtful since the bullet penetrated the stomach nud other vital organs. WHEN THE NAVY PUTS DOCTORS SHIPS. By McCutehon, la Chicago Dally Tribune.1 'TIs a fearful thing In winter To be shattered by the blast, And to hear the trumpet thunderi "An Mtate te mM" FLEET MAY KEEP THE PEACE A German Authority Affects to Be lieve Conditions Are Critical. Transfer of Tremendous Naval Powef to the Pacific Thought to In sure Peaceful Relations. Berlin. The next two months are regarded hy the Gorman foreign of- llce and the admirallty as constituting a critical period in tho relations be tween the United States and Japan. If they .pass without witnessing a break in the relations, high govern ment officials are convinced that tho United States and Japan will then en ter upon an easier and safer basis of agreement. The development of the American- Japanese situation is being studied here day by day because from it there may issue events which might change the present international balance and deeply affect Europe as well as Amer ica. Tho Marino Rundschau, the principal naval magazine of Germany, say In Its January number: "If war does not como between Japan and the United Staten, the Union may thank the preponderance of Its fleet for "the maintenance of peace. This fleet already is sufficient ly strong to restrain Japan from the hazard of war." In conclusion the magazine says the threatened conflict may now be entirely avoided as a result of the transfer of the fleet to, and other de fensive measures In the Pacific. Tournament of Roses. Pasadena, Cal. Wednesday was Pasadena's annual tournament of roses. It is the festival of flowers. Buds and blossoms of every hue and color; foliage and ferns of countless kinds, plants, shrubbery, twigs, vines of all variety, floral beauty of every sort and description have been gath ered together to make this the great est day In the history of the city. It is estimated 50,000 visitors have poured Into the city from all ovor Southern California. Cracker Trust Quits Nebraska. Lincoln, Neb. Tho Lincoln agent of the National Biscuit company Thurs day afternoon notified the retail grocers of tho city that the concern would quit selling package goods in Nebraska. This action, It was stated, was taken as a result of the attitude of Food Commissioner Johnson, who Insisted that all crjicker packagos he branded to show not weight and con tents. Anti-Futures Act Upheld. Little Rock, Ark. Judge Trlobner, In tho federal court Thursday upheld the constitutionality of the anti-fu tures act. Tho court declares that the state did not exceed Its power In enacting the statute as a police recu latlon to protect the morals of the public. The suit was begun by a Chi cago brokerage Arm. Work for 1.200 in Sedalla. Sedalla, Mo. Seven hundred per sons will resume work at the Mlssou Pacific shops Thursday aftor a ton days' lay-off. At tho Missouri, Kan sas & Texas shops 500 will go back work after a week's lay-off. to IN COMMANO OF THE HOSPITAL IMl I I HOPE FOR SETTLEMENT. Administration Would Secure Assur ances From Japan Making Ac tion By Congress Unnecessary. Washington. Further information elativo to the contents of the com munication from Ambassador O'Brien leallng with the Japanese reply on tho Immigration question was refused nt the state department Friday. This s the invariable rule in cases where negotiations are still In progress and the Inference Is that Mr. O'Brien re gards the Japanese answer as evinc ing a satisfactory disposition towards the American desires, hut that the eply Is not conclusive. It Is expected that the Japanese government will in some formal man ner register its purpose of preventing the further immigration of coolies to the United States and when the as surance on this point has taken satis factory form the administration will see to it that congress Is acquainted with tho facts and thereby relieved from the necessity of enacting any legislation looking to the exclusion of Japanese immigration as a whole. At tempts In that direction already have been made by the Pacific coast repre sentatives and If the president is able to convince congress that the Japan ese government ts in good faith en deavoring to do by internal regula tion what it is proposed to do here by statutory law. namely, stop the in flux of Japanese coolies, he will not find it necessary to recommend any such legislation. A LARGE DEFICIT. The Government's Expenditures Are Exceeding Receipts By Amounts That Are Noteworthy. Washington. The monthly state- mont of the government receipts and expenditures shows that for the month of December, 1907, the roceints were $17,288,825 and the expenditures $if,9l2,8.i, leaving a deficit for tho month of $8,5:55.000. The receipts fell oft as compared with December. 1006. about $8,r30.000 and the expenditures increased by about $9,281,000. The receipts from customs for December, ivw, wero $21,741,672, which Is a de crease for the month of about $7,000. 000. ' Internal revenue also shownrl n marked decrease, the receipts falling irom ?:.'3,rS3,969 in December, 1906, to vzd.ud.'JLM in December. 1907. For the six months of the present fiscal year a deficit Is shown of $9,- iim.uuu, as compared with the first nan or tho last fiscal year. Mia . celpts for tho last six months show a decrease of about $1,000,000 and the expenditures an increase of over $23,- Movlna the Earth a - Washington. The average amount -w v J. UUUUIU canal for each working day during De- uuaiuui wuh os.uuu cudic yards, or a total of 2.200.530 vm-iln r,-- n, .,n. "-"" " HI" 1MUMI.II. lhis is an Increase of about 360,000 cubic yards over the provlous month and nearly 750,000 yards over the . w. A . l. .. e r l i uiuiiiu ui auiHumoer fast. Stubbs Will Be a Candida. Topoka. Kan. W. n sfnUo ' ' mvvwm XML- Lawrence announced Friday ho will ue u canuiuiue ior tlio republican nom ination ior governor. THE "DRY" DISTRICTS GROW Large Additions Were Made to Pro. hibltion Territory in 1907. Forty Million People In This Country Are Living Without Saloons There Are More to Follow. Chicago. There is joy among pro hibitionists ovor the bumps that have been received. In the last 12 months by "King Alcohol" and "Old John Barleycorn," and the new year will mark large additions to "dry" districts throughout the country. Local leaders in the "dry" "camp point out that Georgia and Oklahoma now have passed into the prohibition column, while Mississippi is waiting for Its legislators to keep their pledge to pass a prohibition act for that states. The now year, they say, will see 40,000,000 persons living in pro hibition territory in the United StateB. and party leaders predict that the 'white flag soon will wave over states where opposition to the tem perance movement heretofore has been keen. "The two latest acquisitions to the prohibition ranks are Oklahoma and Georgia," said Alonzo ID. Wilson at Chicago prohibition headquarters Wednesday. "Alabama has voted against liquor and Mississippi will follow next month. In Illinois we have a good start in four counties." To Oust Leavenworth's Mayor. Topeka, Kan. F. S. Jackson, attor ney general, and his special assistant, Charles D. Shukers, filed in tho su preme court here Wednesday "an ouster suit, against Peter Everhardy, mayor of Leavenworth, and a citation for contempt for Captain J. T. Taylor. Captain Taylor is the man charged with being the go-between for the jointlsts and the city. He was the collector who secured the money from the-jolntists and then paid It to tho city. The ouster suit is brought against Mayor Everhardy because he has violated his oath of office in al lowing saloons to run and in not fur nishing the evidence thatt. the pro hlbltoryjavv was being violated to tho county attorney. Another Kentucky Raid. Russellville, Ky. Night, riders 100 strong swooped down on Russellville, Logan county, early Friday morning, and after overpowering the three po licemen and providing against the giving of an alarm, dynamited and burned the two independent tobacco concerns in the city and several oth er establishments and rode away out on the Hopkinsville and Clarksville pike. Three men were wounded and the telephone girls and police were held prisoners for nearly threw hours. Adulterated the Sausage. Lansing, Mich. Circuit Judge Wiest Friday afternoon in an opinion held that the use of coreal and water in sausage Is an adulteration of the prod uct and brings It within the scope of the state pure food law prohibiting adulterations. The decision was made in the application of Armour & Co. for an Injunction to restrain tho state dairy and food department from interfering with the sale of their sau sage because cereal and water aro used in its manufacture. Another Mrs. Eddy Suit. Boston, Mass. Disputing the power of Mrs. Mary Baker Glover Eddy, head of the Christian Science church, to make disposition of so large a part of her fortune, formal notices, have been served upon trustees McClellan, Fon nald and Baker, having in charge Mrs. Eddy's estate, ordering them not to make the $1,000,000 to found n chari table institution recently announced or any other appropriation from Mrs. Eddy's estato, pending the outcome of litigation. Col. M. M. Murdock Dead. Wichita. K.in Pnlnnpl. "Marsh" M. Murdock, postmaster of this city and editor of tho Wichita Eagle, died Thursday morning at 1 o'clock, after an illness of two weeks. He suffered from cirrhosis of tho liver and catarrh of tho stomach. During the last two days he could not recognize even his most Intlmntn frlnnrla Hla nnn f!nil- gressman Victor Murdock, arrived Wednesday from Washington. "Marsh jviuraock was 70 yoars old. A Woman Ambulance Surgeon. New York. Brooklyn had Its first glimpse of a woman ambulance sur geon Wednesday when Dr. Mary Mer- rltt answered calls from tho Williams burg hospital. Dr. Merritt Is a pre possessing young woman of 23 years, who won tho post of ambulance sur geon after a competitive examination m wnicn 34 men fresh from colKfce entered. Pessed the Famine Appropriation. St. Petersburg. The council of em pire Friday passed the famine ap propriation of the douma and thou adjourned for the Russian Christmas holidays. s