Loup City Northwestern
volume xxv
LOUP CITY. NEBRASKA. THURSDAY. MARCH 11 ms
NUMBER 17
r< REBATE LAW IS GOOD
_
f COURT SAYS HEPBURN ACT DOES
NOT REPEAL IT.
MUCH HINCES UPON DECISION
!
4
i
!
Federal Tribunal Decides Great North
ern Must Pay in Hotly Con
tested Minnesota Case.
Washington—The question whether
the railroad rate law Unown as the
Hepburn act repeals section one of
tin- Elkins act prohibiting rebates on
railroads, was involved in the case of
ihe Great Northern Railway company
against the Edited States which was
decid-d by the supreme court of ihe
rutted Suites against the railroad
inipany and against the contention
of such appeal.
The case was instituted in the
Cnied States district court for the
District of Minnesota, which court
fined the railroad SLOP" each for
Tirteen violations of the first section
o' the Elkins law.
Tile alleged offenses against the
i.iv. vej. committed during the sum
me; of 1605 ami consisted of grant
tug concessions to the W. P. Deveraux
eoaifiaitj on its shipments of oats and
torn from Minneapolis to points in
Washington. The company admitted
the concessions and fought the pros
ecution on the ground that by amend
ing the Elkins act so as to provide
lot punishment by imprisonment
richer than by fines tin Hepburn act
bad so modified tie- original law as to
accomplish its repeal and render pun
ishment under ii impracticable. The
decision was announced by Jus'ice
While and affirmed the finding of tbs*
district court and the I'nited State.-;
circuit court of appeals.
.ftisiice White said that the effect of
the Hepburn Iaw in repealing the Ei
kins act must be considered in the
light of section 13 of the revised
statutes. which provides that the re
peal of any statute shall not have the
effec of releasing' any patty oi hie
tiiity incurred under the statute f“
p riled. He said it was clear tha*
the mere repeal of conflicting laws is
in no way repugnant to that statute
and there could be no contention that
standing alone the act had tin- result
-of destroying the effect of section 13.
3g Feather for Judge Landis.
Chicago—"The decision that the
Hepburn act does not repeal section
on of the Elkins act takes away one
of the iiig points on which the Stand
's vd Oil company is basing its appeal
from the fine imposed by Judge Lan
dis." said District Attorney Sims in
Chicago. 'Incidentally, it is a big
1-' titer in Judge Landis' cup. He was
tht first jurist to decide this point.”
MOTIVE FOR HIS DEED.
A
>
Assassin of the Priest Tells Why H:
Murdered.
Colorado Springs—Guisseppe Guar
naccio. the anarchist, who slid and
killed Father Leo Heinrichs at Denver
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
• minded him of his home in Sicily
which home, he says was wrested from
him liy the church.
It appeared from statements mad
!' the murderer in answer to ques
ts :ts that when living in Italy he wa
expelled from the church in conse
<un net of his anarchistic teachings
and his wife lett him Her desertion
>’ seems, further enraged him agains
tiie church and priests, and when tic
hoard the church bells ringing Sun
day morning he determined to go and
kni one priest at least, and mot- if he
could accomplish his d-.sign.
Operators and Miners to Meet.
Pittsburg. Pa.—For the purpose of
discussing the proposed renewal of
the interstate agreement the general
committee of the Pittsburg district
coal operators left for Indianapolis
where a joint meeting of the oper
ators ana miners will he held. The
outcome of the conference depends
largely upon the demands of the Pitts
burg operators and is anxiously
-awaited by operators, miners and
manufacturers. Should the agreement
be renewed arrangements will be
made immediately for a joint wage
scJile.
Protest Against Big Navy.
Washington.—A petition against the
proposed increase of the navy by the
■proposed expenditures of over $60,000.
000 for four new battleships was laid
before the senate by Senator Hale
chairman of the committee on nava’
affairs.
Pention for Judges.
Washington.—The retirement or
full pay of any judge of a - Fnitei:
States court who has held his eommis
sino for at least ten years and reached
the age of 70 is provided in a bill in
troduced by Senator Knox which was
feported favorably.
FOWLER MEASURE APPROVED.
House Committee Acts Favorably
Upon the Same.
Washington—By a vote of 11 to 5.
three members being present ami not
voting, the bouse committee on bank
ing and currency authorized its chair
man, Representative Fowler of New
Jersey, to report to the house the
Fowler currency bill with the recom
mendation that it pass.
The vote east was as follows:
Aye—Fowler of New Jersey, Prince
of I Illinois. Powers of Maine. AU Mor
ruu of Michigan. Weems of Ohio. Alc
Cleary of Pennsylvania. Waldo of
New York. Hayes of California. Weeks
of Massachusetts. Durey of New York.
Gillespie of Texas
Noes—Burton of Ohio. Ollie James
of Kentucky. McKinley of Illinois,
: Lewis of Georgia, Crawford oi North
1 Carolina.
rresent ana .xot \ oung— .ucni-iirv
i of FVnnsyl vania. Ptijo of Louisiana.
Glass of Virginia.
.VIr. Weeks, in voting for the fa
’ vorable report of the bill, reserved the
right to opitose on the floor the elaust
providing for a federal guaranty of nu
| lional bank deposits.
Though tiie decision to report the
bill favorably was reached as the re
sult of weks of hearings and exhaus
tive discussion of its various pro
j visions in executive session, the de
< ision does not commit the banking
I and currency committee to its sup
port on the‘floor of the house.
Ten of the eleven members who
i voted feu the favorable report re
served tic individual right to oppose
an> section of it and to offer and urge
an.' amendment when the bill i.- called
up. A majority of the commute felt
the necessity of getting the hill be
fore the house without further delay,
so that its provisions as reviser In
committee mat become a subject of
open debati both in the house of rep
resent at ires and in the press of the
country. The committee amended the
bill in six of its salient features.
Chairman Fowler made public a
synopsis of the committee leporl
which he will make up and submit to
th<- house.
Tip’ synopsis contains. among
others, the following paragraph:
“Your committee is of tile ppiuion
! that there should be no further patch
work. no temporary device, no poli
tical expedient, but that there should
now lie a genuine and complete re
form of our financial and currency
practices. Tiie business interests of
the cottiLn and the danger to our
national credit unite in demanding
that we now adopt a scientific, sound
and wise financial and current sys
tem. The bill which your committee
now has the honor to report to the
house is comprehensive in character,
scientific in principle, practical .11 its
! application.”
_
DEADLOCK 15 BROKEN.
Former Governor Bradley Elected
Senator from Kentucky.
Frankfort. Ky.—Amid scenes of
wildest excitement on the floor of the
house of representatives former Gov
ernor William O'Connor Bradley.
! republican candidate, was on Friday
elected to succeed James B. McCreary
j in the United Stales senate for a term
of six years, beginning .March t. 19UP.
He received sixty-four votes, barely
enough to win. He was enabled to
' gain victory through the assistance of
four anti-Beckham democrats. Sen
i ators H. S. McNutt and Albert Chari
ton and Representatives Chris Muller
of Louisville and E. W. Liliard of
; Boyle county.
INCREASE FOR MEN RESTORED,
House Pjts Back Provision in Army
Appropriation Bill.
Washington.—The house of repre
I sentatives adopted a special rule re
i storing to the army appropriation bill
! the provision for an increase of pay
, for enlisted men and non-commis
sioned officers in the army.
Preservatives to Be Used.
Washington—The use in small quan
tities of benzoate of soda and sulphur
as food preservatives will be per
mitted pending the formal action of
the referee board of consulting scien
tific experts, according to an order is
sued by the department of agricul
ture.
Nebraska Roads' Meeting.
Chicago—Representatives of sev
eral railroads having lines in Ne
braska met here and appointed a com
inittee to present to the Nebraska
railroad commission statistics in an
effort to demonstrate the net revenues
of the roads will be endangered by
enforcement <if a maximum distance
tariff.
Mexican Railroad Merger.
Mexico.—The papers in the merger
of the Mexican Central and National
lines were signed this afternoon after
a conference between B. \V. Palmer,
representing New York financial in
terests. and Minister Limantour, for
the Mexican government. This cu!
initiated the long-drawn-out negotia
tions and caused the greater part ol
the railway mileage of the country tc
pass to the federal government.
OUR EVER OPEN DOOR.
BEST
AMERICAN
JAPANESE
WAR;
ARES
CONSTANTLY
ON II
WAND l
11 mmm.mi
<«
MR. JEROME IS IN TROUBLE US TO WATER UNO POWER
PETITION FOR HIS REMOVAL AS
DISTRICT ATTORNEY.
i Many Charges for aim to Face,
Some of Them of a Very
Serious Character.
New Ycr! —Tv. -iny-two specific
charges an- mad in a petition pray
ing tor Iht removal of William T.
Jerome as ti .-trie: attorney of the
county of X- v. York wtiicli was sent
j to Governor Hughes at Albany by a
commit lee of stockholders of the Met
ropolitan Street railway, by its chair
man. William I'. King.
petition alleges that .Jerome
failed propi riy 10 prosecute charges of
; alleged "jury fixing" and the giving 01
i false ti stimonv in street railway
case- that 1 In prosecution of viola
tions of the criminal law by the life
insurance companies of .New York, as
i disclosed by the Armstrong conintit
1 u-e. had ben delayed: that an alleged
eriminal i onspiracy to divert the prop
erty of the Metropoli an Street rail
way of New York into the hands
of a f w men was allowed by .Mr.
Jerome to go on am hundreds of
Sio -kholriers rob;- d of their money
and thai no attempt was made to
| punish men allevvd 10 have committed
other fraud- in connection with New
York City traction deals. Mr. Jeromes’
statements as to judges are alleged to
have been not only improper, but
scandalous in their lia nre and to have
' tended to destroy the confidence ot
the people in the integrity of the
• courts. The committee also charges
that the distriet attorney miseon
I ducted himself in tailing to indict and
seek to convict some one of the of
ficials of thr- New York Central Rail
road company in connection with the
collision in that company’s tunnel in
‘ 1002 when seventeen persons were
killed. Various other i uses of alleged
; failure ot th*> district attorney to per
| form his duty are cited in the com
plaint.
The petition also charges that con
tributions to the campaign fund to
elect Mr. Jerome were received by
one of Mr Jerome's assistants from
mail connected with laTge corpora
tions seeking favors from the district
attorney, and that the sum. the
j amount of which is unknown, was con
siderably upwards of $50.oOO. Among
these contributors, it is alleged, was
the attorney for Janies H. Hyde, who
contributed $5,000. It is also alleged
that the assistant who received these
funds and who has since resigned and
entered law practice, has undue in
fluence with the district attorney.
M'KINLEY HEIRS OESTINATE.
! Refusal to Agree on Price for Home
Spoils Memorial Plans.
Canton, O.—The plan of the trustees
odf tin* McKinley Nationad Memorial
| association, to take over from Mrs.
; M C. Rarber, sister of the late Mrs.
• McKinley, the President McKinley
home as a public memorial gift has
j been found impossible. Heirs to the
: William McKinley estate would not
sell at the price. $23,000. tentatively
agreed upon some months ago. and the
matter was finally taken into court,
with the result that the property will
he offered at public sale.
Why the Discrimination.
Ianeoln. Neb.—The state railway
commission will investigate the mat
ter of the Cnion Pacific discontinuing
trains on branch lines. The hearing
will be held March 4, when the rail
j road will be asked the reason for its
| action.
PRESIDENT SENDS REPORT OF
ISLAND COMMISSION.
;
With Little Fcreright Strea-ns Can Be
Used tor All Purposes. Thus Frus
trating Threatened Monopoly.
Washington — President Roosevelt
iraiismitteil to congress the prelimi
nary report of the Inland Waterways
. commission, accompanying it with a
special message, in which In said in
part:
"I transmit herewith a preliminary
report from the Inland Waterways
commission which was appointed hy
me last .March in response to a wide
spread interes and demand from the
people. The basis of this demand lay
in the general and admitted inability
of the railroads to handle promptly
the traffic of the country, and espec
ially the crops of the previous fall.
"The report rests throughout on the
fundamental conception that every
waterway should lie made to serve the
peopie as largely and in as many dif
! ferent ways as possible, it is poor
I business to develop a river for navi
gation in such a way us to prevent its
use for power, when by a little.fore
sight it could he made to serve both
purposes. We cannot afford needless
ly to sacrifice power to irrigation, or
irrigation to domestic water supply,
when by taking thought we may have
all three.
"The commission recognizes fhat
tiie cost of improving our inland
waterways will he large, but far less
than would be required to relieve the
congestion of traffic by railway exten
sion. The benefits of such improve
ment will be large also, and they will
touch the daily life of our people at
every point, uniting the interests of
all the states and sections of our
country. The cost and the benefits
should be equitably distributed, by co
operation with tiie slates and the com
munities. corporations and individuals.
I benefically affected. I heartily concur
in the commission's recommendation
'to this end Such co-operation should
result in united effort in carrying out
the great duty of improving our in
land waterways. While we delay, our
I rivers remain unusued. our traffic is
periodically congested and the ma
terial wealth and natural resources of
the country related to waterways are
being steadily absorbed by great
monopolies.
“Among the monopolies, as the re
i i>ort of the commission points out,
there is no other which threatens, or
has ever threatened, such intolerable
| interference with the daily life of the
I people as the consolidation of coin
: panics controlling water power. 1 call
■ your special attention to the attempt
of the power corporations, through
! bills introduced at the present session,
to escape from the possibility of gov
ernment regulation in the interests of
• the people. These '.tills are intended
to enable the corporations to take
possession in perpetuity of national
forest lands for the purpose of their
business, where and when they please,
wholly without compensation to the
public. Yet the effect of granting such
privileges, taken together with rights
already acquired under state law.
would he to give away properties of
enormous value.
STANDARD ELEVATING PRICES.
North Lima Oil Product Above Dollar
for First Time in Year.
Lima. O.—The Seep purchasing
agency (Standard Oil companyt ad
vanced the price of Lima and Indiana
crude oils 5 cents a barrel, placing the
North Lima product above the dellat
mark for the first time in more than
a year.
! FOR THE BENEFIT OF FARMERS. !
Agricultural Department Will Send i
Out Some Experts.
Washington — Representatives Nor j
ris and Boyd joined Issues Tuesday |
if* the interest of their constituents in
the Fifth and Third districts ami j
moved down upon the secretary of
agriculture for the purpose of secur
ing the attendance of practical lec- j
turers connected with the Depart
ment of Agriculture who will go into
the several counties of the Third and i
Fifth districts for the purpose of mak
j ing practical demonstrations in soils.
I stock growing and in the broader field
j of grain raising. Secretary Wilson,
i who had given the question some con
[ sideration iu conjunction with his ex
i ports of the department, appreciated
] the importance of the subject and the
i strength of the arguments advanced
1 iiy the two members froitl Nebraska.
I They represented in detail the varied
j industries of their districts from both j
j the farmers' aim stock growers’ point '
! of view. They bore down upon the
necessities of wider .education for
the farmer in soils, selection of seeds
j and choice of breeds of cattle, sheep
; and horses. They outlined their ideas
1 to the secretary, who met the con
gressnten more than half way in ttieir
I efforts to bring directly to the homes
of the farmers a practical knowledge
as represented by trained men of the
i Agricultural department who have
specialized in the subjects most di
rectly associated with farm work.
Secretary Wilson has had such a
thing in mind for some time past and
he was glad to give the two members
I of The Nebraska delegation not only
encouragement but p' ices of most
j earnest co-operation to bring to the
1 doors of the husbandman, dairyman
: and agriculturist such first hand
knowledge as is possessed by the
scientists of the department. To the
! representatives Secretary Wilson stal
ed titat practical lecturers will be sent
1 into their districts and to places which
I the farmers may s -lect where practi
! i'ii! la ks will he given upon subjects
! in which thu farmers are most direct
ly interested, and that the men seiect
I ed should remain in the field as long
as there was any demand for their
| presence.
i As to the time of year in which the
I experts of the department shall go
into the Third and Fifth districts, the
subjects to be discussed and the places
where institutes shail lie held are
matters which tim congressmen hare
decided shail be b-ft to their consti
1 tuents. Representatives Norris and
Boyd invite correspondence with the
’ farmers of their districts as to the
i presence of these experts, the sub
! jects to be considered and the places
where these practical talks shall he
: made.
Rooseveit Presses Button.
Washington.—A handsome y moirat
i ed button bearing a silver plate
i mounted on mahogany was placed in
the east room of the White house and
i pushed at u:fo o’clock Tuesday just as
the president received the following
telegram from President W. C. Mc
Adoo of the Hudson Ac Manhattan
Railroad company:
•'To the President of the United
States. Washington, n. C.—The first
official train of the Hudso. A: Man
hattan Railroad company under the
Hudson awaits your signal and pleas
ure.”
MANY ANARCHISTS IN PLOT.
Denver Police Find Evidence of As
sassin's Accomplices.
Denver. Colo.—Most of the priests
of the Catholic church in this city be
lieve that Father Leo Heinrichs, who
’ was murdered by Giuseppe Alio, an
Italian anarchist, while giving com
munion in St. Elizabeth's church here
Sunday morning last, was a marked
man from the time he arrived in town
last August or even before. The dead
priest was stationed previously In
Paterson. X. .1.. and it is believed that
he may have incurred the enmity of
the anarchists there, and that a plot
was laid to kill hint, perhaps prior to
his leaving Paterson.
STOESSEL ASKS FULL PARDCN.
Russian General Petitions Czar to Re
verse Findings of Court.
St. Petersburg—Lieutenant General
Stoessel. who on February ^0 was
condemned to death for the surrender
of the Port Arthur fortress to the
Japanese, has petitioned Emperor
Nicholas for a full pardon. The
i :>ourt recommended that the death
sentence be commuted to ten years'
imprisonment in a fortress and that
the general be excluded from the ser
I vice.
STILLINGS TO STAY OUT.
Suspended Public Printer Will Not Be
Reinstated.
. Washington—Charles A Stillings
will not be restored to duty as public
printer. President Roosevelt let this
faet be known to friends who talked
with hint concerning the tangle in the
government establishment. The re
port of \Y. S. Rossiter will be made
to the president within a week, it is
1 expected.
READY FOR NEW LAW
RAILROADS WILL OBSERVE STAT
UTE REDUCING HOURS.
BASIS OF FIRST OBJECTIONS
Allegation is Set Forth That Decrease
in Traffic Makes Enact
ment a Burden.
Washington — American railways
have made arrangements to comply
with the provisions of the • nine-hour
law " The operation of tlie* law will
mean the employment by railroad com
panies of several thousand additional
operators ami the closing of a large
number of small stations on the prin
cipal systems Discontinuing of rail
way service at many points, it is
thought, will induce at least temporary
inconvenience to the traveling . and
shipping public in order to reduce ope
ra ring expenses, which now seems ne
cessary tile operating officials of the
railways believe that this is ihe only
way that they possibly can meet the
situation with which they are con
fronted.
During the hearing of applications
for an extension of the nine-hour law
by the Interstate Commerce commis
sion some astonishing statements
were made by the operating officials
of important railways. A good many
lines, owing to a reduction in their
revenues and to their inability to com
mand the cash necessary to meet their
pay rolls, have been forced, during the
last four iiiouth-. almost to the point
of asking for receivers. In The opin
ion of raihvat officials, expressed at
the hearing under oatit and in private
conversation, this condition does no."
seem to have been due to the enfftroe
mont of regulative laws or to the in
capacity of railway management. -Most
of the railway officials attribute- the
difficulty to tile unfortunate banking
situation which developed hist Sep
tember. The railways did not fee! that
stringency in money until about the
first of November, in fact, the mon'h
of October was one of the best in The
history of the business of American
railroading
"Then, without the slightest warn
ing." as H. I*. Sludge, vice president
and general manager of the Rock 1st
and system expressed it. "we were
plunged from prosperity to adversity.
A year ago our system could not
handle the traffic offered us. Today w
have 11.otto idle cars. Five months
ago we suffered front a congestion of
freight, now we suffer front a collec
tion of empty cars." .
What is true of the Rock island is
true also of scores of other lailroads.
One railway official ventured the state
ment that in the country today thet
were dfHi.brto idle freight cars, and one
line which he instaneed was declaret!
to be hauling empTy cars backward and
forward because it bail not yard room
or sidings to accommodate them.
TAMPA. FLA.. SUFFERS FIRE.
Fifty-five Acres of Tobacco Factories
Burned.
Tampa. Fla.—The entire extreni
northern section of this city was de
stroyed by fire, which broke our in a
boarding house early Sunday and
raged uninterruptedly for three or four
, hours. Tim area burned covered
1 fifty-five acres or eighteen and one
1 half cirv blocks and 208 buildings
were destroyed with a total loss es
timated at Si.bO.nno and one woman is
dead from excitement.
The burned section included four
I large and one smaller factorv and nu
merous restaurants, saloons and board
ing houses, and over 20b dwellings oc
cupied by cigarmakers. Insurance is
i estimated at about half the loss.
I
Gasoline Cars Approved.
j St. Paul. Minn.—A special to tlie
i Pioneer Press front Madison. Wis..
J says that the Wisconsin Railroad
l commission has dismissed a complaint
| against the use of gasoline motor cars
i between Madison and Freeport. 11!..
I on the Illinois Central railroad. The -
complaint was made on the ground
that the motor was "dangerous and
inadequate as a mt arts of locomotion."
The commission in dismissing the
complaint, held tlia- the use of the
motor cars marks an advance in rail
roading and will result beneficially.
Great Northern Mases Terms.
Spokane. Wash.—A satisfactory set
tlement of the difference between (lie
Great Northern railway and its tele
graph operators has been reached, ac
cording to a message gent to oper
ators on the San Francisco and
Northern division by S. T. Mocre. del
egate of that division to *he confer
ence held in St. Paul with Great
Northern officials. According to ad
vices received here the railroads hat!
agreed to live up to the provisions of
the nine-hour law and will proceed
to arrange working hours.