Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 09, 1903, Page 5, Image 5

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Annual Contention of State
Asoc d Bein Wsrk.
1'rnarain tnrlatfr Xamaer ef Papers
o LIt l.raal Tolrs, Rrrrpllon
il Smoker aad His Ban
aaet at th Clase,
Th numrrlral strength of the e'iprtme
court wti the dominant consideration In
yesterday's session of the Nbrska State
liar, hirh la now In third an
nual assembly. Trratdrnt 8. P. Davidson
kits It considerable attention In till ad
dress And tho committee on legislation af
ferUnf the profession dealt with It at even
treater l'nth. Mr. Mcintosh of that com
mitten submitted a resolution for a bill
leaving the Jurisdiction of the supreme
eourt aa It now Is, but leaving to the legis
lature the number of Judges and their sala
ries, this to be dona by an amendment -to
the constitution. Judge J. B. Letton of
Falrbury opposed further attempt at secur
ing constitutional amendment and argued
for a constitutional convention. Finally
his motion that It ba deolared the sense of
-the association that the present legislature
should prepare for a constitutional conven
tion prevailed.
President Davids!! Address.
Yesterday's session opened at 2:30 with
the address of 'resident Davidson, which
was In part as follows:
Two years ago the docket of the su
preme i-Tiirt of the state was so large
ami xo rapidly InrreHeltig that the Judges
Were overwhelmed with the work before
them, the delays IneMcnt to the condition
of the docket were producing In many
cases in absolute denial of Justice, and
the prH'.tice of the taw was becoming un
settled and disorganized. Through your
rcc'tmmcndHtl'tn and the pertMent efforts
of our committees a tem.orary expedient
was resorted to. A commission of nine
nombers whs authorised and appointed,
it Is true that the able commission that
a appointed has so effectively aided the
court tliiit the docket of that court la
almost clear, and the court and the pro
leHKlon can now hope that the old busi
ness will soon be entirely disponed of.
This expedient that was adopted by reason
of tho force of circumstances, while It
lias proven to liavi been effective, Wat
and is not entirely satisfactory to either
inn nar or trie court.
Hume iicrmuuei.t relief In the wav of
an liit-reatM of the lumber cf the Judge
or tne supreme court Is urgently demanded
it Is evltient that the only permanent re
lief irom an overcrowded docket can only
come Irom an Increase In the number of
the judges of '.he supreme court. Whether
this tun be best accomplished by the suh
mlKdoii of an amendment making such
provision, or inlllhiH u constitutional con
vention that will be until irlzed to propose
n entire reorganization or tne court, ana
proposw other mu. h needed change In our
cons.ltutlon, It is for the people under
ymir lend to determine. Uut for the ures
rnt, usrll permanent relief can be obtained,
It si eun. to me to be wise to continue
tne present commission or provide for
ccmirnssuin or a smniier n.imlier of cum-
miKHionerM to continue to assist the court
To Curb Anarchy.
The Vople ought not to let their deep
moignaiion, so justly aroused Py tne as.
sHssinatloii of 'resident McKlnlev. to cool
unill an adequate remedy lor such emer
gency has been provided, until the forms
tr law have been so perfected and foimu
latui Uiat those guilty wretches cannot
cicuu tni'ough its mushes. 1 may be tread
ing on dangerous, It not forbidden ground.
It niuy ue considered presumption In me.
liui I have positive convictions upon this
suujtct. VtT.h becoming deference to the
wlMjorrt of tho great lawyers In the United
Mtatts senato and honee of representatives,
with a keen sensibility of my own Ignor
ance, a, id Inability to comprehend or under
etu.m the entire situation, 1 do not hesi
tate to declare that my belief Is that the
ur ported legislation Is entirely Inadequate.
In not the dennHioTi ot.trsii.M5ti as fixed
by tM'Uvmatltu:nn o ttia- i'nttd Htates
..Ulie,y. too limited and rertrJcted? By
the law of F:ngiand, ' treason Includes such
acts as even lmugtiilng the king's death,
or the killing ot lira queen, or the killing
ot tne King s heir, or the klllllng of the
ihauieilor or a judge In oftlce.
Suvuets C ousiltat lo'nal Amendment.
Have we not outgrown the fear that by
ex. cueing the oetimtlon of this crime we possibly Imperii tho liberties of the
peupie I Do not the eKigenclea surround
ing us demand that this provision of the
national cor.etitutlon should be amended
so that the definition of the crime of
irtaxoii shall Include any wrongful acts
whose object and purpose are the over
throw oi the government, or any acts of
lllunce to the government as such, so
a alsj to Include any assault upon or
the killing of the president, or any other
. olricer of the government upon whom the
luwers ana duties of the president may
devolve, or any assault upon a Judge of
one of the flitted Htates courts, or even
, u n.ember of congress, If the net can bo
shown to have been committed In resist
ance of the government in any of its great
departments, or, on account of any cnlcial
acta or omissions. This definition of this
crime should also Include any counseling,
encouraging, suggesting, aiding or aliening
the commission of either of the offenses
above referred to. in my Judgment real,
actual treason Is committed every time
(lie killing of any officer of the government
Is advised or taught or encouraged either
by public address, or by publication In
the press, or by private counseling or ad
vice. The proposed legislation under con
sideration, by congress, 1 tear, would b
Ineffective, and If unconstitutional, will b
fcl.ully abortive and useless.
Committee on I.ea Edacatlon.
. Tu gist ot the report of tbe committee
on legal education aa presented by Chair
'' man. H. H. Wilson of Lincoln is found In
'the' following resolutions, which were
adopted with only one dissenting voice:
. Resolved, That this association recom
mends such legislation as will require all
persona, before registering for the study of
law with a view of admission to the bar,
to prove by satisfactory examination that
they posseas a good Kngllsli education.
Kesolved, That this association recom
mends such legislation as will require ap
. plti ants for admission to the bar to show
that they have devoted at least three years
to the study of law.
Judge V. D. McHugh, at chairman,
stated that the committee on law reform
a considered that ths committee on legisla
tion affecting the profession had sufficiently
' covered tne ground ana therefore bad no
report to make,
I.egislatloa AnTrvtlaa; I'rofessloa
In presenting the report of the commit
tee of legislation affecting the profession.
Chairman K. V. Breukenrldge said In part
in temporary expedient or a supreme
reurt commission has worked excellently;
largely because of the endorsement given
the plan by this association. A commission
of nine was provided by the session of the
legislature which convened two years ago,
Tho court whs fortunate In the selection
of the commissioners and excent that th.v
have all had at least twice as much to do
as tney should have had In Justice to them
selvt-a and the litigants of this state, their
. work, has been of a very high standard and
the majority of the reported opinions
emanating from the various members of
the Lommisslon sre equal to those of any
court and are far superior to mu h of tha
Nebraska case law which present members
. or me court nave occasionally followed.
but, while following it. have apologised for
doing so. lour committee recommends the
continuation of a commission of nine, glv
Ins. option to the court to reduce the num
ber If and when the business of the su
preme court shall make It expedient to
do so.
The committee will likewise recommend
to the association a Joint resolution amend
ing the constitution so that the number of
the supreme court and the eslarles of the
Judges shall be left to the legislature.
To Klmpllfy Appeals, .
Your committee recommends to the as
sociation a measure which materially sim
plifies the appeal of cause from the dis
trict to the supreme court. Under the
present machinery of the statute there Is
too much technicality, it Is proposed now
to abolish proceedings In error In civil
causes and abolish likewise writs of error
and assignments of error. The bill which
has been prepared for your consideration
provide that all civil causes shall go from
the district to the supreme court by ap
peal; that the case In the supreme court
shall have the sime title as In the district
court. The Jurisdiction of the supreme
court will be conferred by the filing of a
transcript containing the final Judgment
sought to be reversed. A bill of exceptions
Is to be settled In the manner now pro
vided. This bill does not Interfere with the
present statutes regarding the settlement
of bills of exceptions. Hut the trcnscrlpt
mA ih hill of rxcentlnns. If snv. must be
filed within six months from tne aaie or
the Judgment or final order sougni h i
reversed. No petition In error or assign- :
ment of error are required, but within such
time after docketing the case ns the su
preme court may by a general ruie nx,
the appellant must rile his brief and the
grounds stated In the brief for tne re
versal of the judgment snan consm uir
the assignment of error required. The
court will have, under the bill as prepared.
the option to notice any plain error noi
assigned. Another section of the Pill ss
prepared gives tne supreme coun. uiuc
tlon In the matter of costs.
Another measure Is offered preserving
the writ of error to the district court from
irihunala inferior to the district court and
another measure Is recommended providing
for supersedeas bonds, whicn is a virtual
re-enactment of the supersedeas statute in
error proceedings now exletlng. but which
changes the condition of supersedeas bonds
In equity rases, to require an appro ot
from Judgment decrees or final orders dl
ih sale or delivery of possession
of real property, to give s bond to pay the
value of the use and occupation of the
property during the penaency ui mo
Resolution Anent Supreme Conrt.
After the presentation of the report J. H.
Mcintosh of the same committee submitted
the following resolution, which was
Whereas, The supreme court of this
state, according to data furnished by its
clerk, will be more then 600 cases In ar
rears by the expiration of the terms of the
present supreme court commissioners; and
Whereas, No possibility exists of reliev
ing said court by an Increase in the num
ber of Judges through a constitutional
amendment within the next two years; and
Whereas, The retention of the present
number of said commissioners Is not only
necessary for the time being to enable said
court to clear Its docket, but Is also neces
sary In order that the members of the
said court and commission may have suffi
cient time to perform satisfactorily the
work devolving upon them; and
Whoreas, The Judges of the said court
are in the best position to determine when
the number of said commissioners may be
safely and properly reduced; therefore belt
Kesolved, That It Is the eense of the Ne
brsska State Bar association that the
present legislature ehould make provision
for continuing the present number of com
missioners for a period not exceeding two
years, and empowering the Judges of eald
court to reduce the number thereof when
ever. In the opinion of said Judges, the
business of said court and the condition of
its docket will so warrant.
Other feature of the commmee report
will be dealt with today, the rest of yes
terday afternoon being consumed In a dis
cussion. This afternoon at 4 o'clock, 1n district
courtroom No. 1, where the sessions are
ninv held. Tir. K. Benlamla Andrews de
livers his address on "Socialism," and to
this the general public Is especially urged
to come. Of new officers to be elected there
was little talk yesterday, and a number of
prominent members denied that any slate
has yet been decided upon.
Benator Aldricu Claim? Abrogation of Duty
Would Not Help People.
Itesolatloa Govs Over anil Many Minor
Rills Art Passed r Inaalmona
Consent Before Senate Ail.
Jonrns Till Monday.
J, II. Mclntoah lteads Paper on "Power
of Cona-ress 'to nesjnlate
It was through the blue haxe from many
rich Havanas that the visiting delegates to
tho annual meeting of the State Bar asso
ciation saw Omaha on their first night hero.
They were the guests of tbe Omaha Bar as
sociation at a smoker given In the parlors
cf the Commercial club, and tbe natural
affinity of all legal minds found Just the
proper flavor In the mellowing smoke to
make the evening a social success. Not nil
the delegates had yet arrived, but those
who were in town were glad or It, ana
those who were not will be sorry for It
when they hear today what they mlsBed,
The sole et speech of the evening was
by J. H. Mcintosh, whese subject was, "Tne
Power of Congress to Regulate Industrial
Corporations." The paper treated the sub
lect exhaustively, each point bolng rein
forced by citations from federal court ae
clslons. The conclusions of the speaker
upon tbe points at Issue were:
From the very nature of the thing there
not nor ran be. any connection what
ever between interstate commerce and tlia
form of the corporate organization, the
cone nr the coroorate rigni. power
Tlvlieges or purposes ot a corporation
rmed for or engaged In the production ot
articles that may become the subjects or
Interstate trade: tnere is not, nor can c,
any conneotlon wnatever oeiween inter
state commerce and the property owned or
controlled by a corporation engaged in
production, or the means employed by It In
acquiring property, or the place, or the
extent, or tne nietnoua oi it inuuutnn
Cllruatas wear not. Pmokeaand ipntrg
do in eun, They relieve s m punas
Instead of removing cause ; wuerva.
we lake Asthma so thoroughly out of
the system that nollilii rrmalus
W hlrhcao pmduosan attack; sufterars
are soon able to work, eat. sleep anil
stand expuaure without the slightest
return of Astiitua. lleiug right la
principle our tnmtment aoe whst
relief "oMiiunt do. Vi e cur to I y
eured severe, long-standing and pro
pounced "-ifurl)l" . If you ars Is leeaue you are Ignorant
of our great work. r;no l. we have
treat! ii,0iW Asthma and -Vy ri ver
siirrerers. If you drain complete re
lief, health re to red, and no return of
sthnia, write for our Beok 73 Free
maoi.p mai xa, ut-ttAUJ, m. J,
WASHINGTON, Jan. 8. When ths senate
met today a house bill was passed amend
ing the International revenue laws allowing
all distilled spirits now In bonded ware
houses, or which may hereafter be pro
duced and deposited therein, the same al
lowance for loss or leakage and evaporation
which now exists on distilled spirits de
posited prior to January 1. 1S99.
A bill was also passed authorizing the
secretary of the Interior to prescribe rules
and regulations for tbs procurement ot
timber and stone for domestic and in
dustrial purposes Id the Indian Territory.
Opposes Free Coal.
Mr. Aldrlch (R. I.) then addressed ths
senste on the question of removing the
duty on coal.
He began by stating that such a plan would
not afford tbe reltof sought. It Infringed
the rights ot ths house with respect to
revenue bill.
The attempt to afford relief, said Mr.
Aldrlch, through a method that would open
a discussion here ss to the constitutional
rights of the senate and ths constitutional
prerogative of the house that would out
last ths coal famine la not a profltabls
method of securing results.
Mr. Aldrlch recited the facts relating to
the coal tariff, saying that In 1894, when
the democrats were In control of ths sen
ate, tho house sent the Wilson bill to the
senate with coal free of duty. Tbe demo
cratic finance committee and the democratic
senate with the exception ot Mr. Hill of
New York, voted to put a duty of 40 cents
a ton on coal, although they had the power
to admit coal free of duty.
Turning to the democratlo side and
speaking with considerable emphasis, Mr.
Aldrlch said:
You have always been In favor of free
coal when your opinions were of no value
to the country; on the day wnen you coma
s-lve the country free coal you deliberately
and unanimously voted the other way. It
therefore comes witn ill grace ior senators
to criticise the action of the senate in is
In view of the action taken In 18!H.
Mr. Aldrlch saldsthe high price ot fuel
In the country now was not due to the
present tariff.
Cleveland frg-ed It.
Mr. Vest (Mo.) replying, said Mr. Aldrlch's
remarks could be resd between tha lines. Ha
simply was opposed to the resolution. He
said It was an open secret how the rate of
40 cents a ton was put on coal In the Wil
son bill; that there were five democratlo
senators opposed to the bill who were In
position to dictate what should be placed
In tbe bill and that their votes were needed
to pass the measure.
President Cleveland, ' he said, had urged
free coal on congress. "We were held up,"
said Mr. Vest, "to use plain vernacular,
and told If we dared to put free coal In
the bill It would bs defeated. A com
promise therefore was effected on the basis
of 40 cents a ton.
"What does It matter how anybody voted
in 1894 V he Inquired. "Is that an answer
to the poor, freezing people now who de
mand Immediate relief f Ha referred to
his former statement that the rates in tbe
Ditigley bill were made so- high' a to
render possible the - negotiation of .' reci
procity agreements and said' ft was based
on information he believed to bs true.
In support of this allegation be read an
editorial from a Washington paper refer
ring to a private conversation in which Mr
Dlngley was declared to. have made the
Mr. Hale (Me.) characterized the article
as a remarkable statement.
"It was never made in Mr. Dlngley's life
time," he said. And then, speaking of the
Dlngley bill, declared It "a great, mag
nificent anrl munlclfent gift to the American
people In the cause of protection and pros
Mr. Hoar (Mass.) declared that such
resolutions as that under discussion were
futile in securing the objects sought and
contended that all legislation s fleeting
revenue should originate in the house.
Mr. Vest ex-.alned his action In offering
a resolution Instead ot a bill, saying he felt
sure a bill, after Its reference to a com
mittee, would never be reported. His ob
ject was to call attention to the condition
of the country-
Reverting to his statement concerning
the object of plactng the rates so high in
tbe Dlngley bill, he read a letter from the
editor of the Philadelphia Bulletin, saying
the statement attributed to Mr. Dlngley
was made to a writer on tbe staff of that
paper In March,. 1SS7.
Hal Defends Dingier
Mr. Hale entered Into a defense of Mr.
D'ngley, saying the statement attributed to
blm was radically opposed to all his utter
ances and involved the charge of Insln
The debate was cut ihort by Mr. Quay
(Pa.) demanding tbe regular ordtr and the
resolution went over, to come up on tbe
next legislative day.
The statehood bill then was taken up and
Mr. Nelson (Minn.) continued his remarks
begun on Monday. He bad not concluded
when, at 4 o'clock, .by unanimous consent,
the senate considered unobjected bills on
the calendar.
The following were passed:
Granting additional lands adjacent to the
site ot the University of Montana to the
university; to authorize, settle and com
promise certain litigation pending In the
circuit court for the western district of
North Carolina, In which the eastern band
of Cherokee Indians are Involved; to re-
divide the district of Alaska Into three re
cording and Judicial divisions.
The bill providing for the retirement ot
Captain R. P. Hobson brought forth a pro
test from Mr. Cockrell (Mo.), who thought
congress should not be made a court of ap
peals to hear applications from officers
would sllow a first lieutenant to be chief
of tbe conatsbulary with the rank of briga
dier general. Vpon receiving so affirma
tive reply he characterized the bill ss
Mr. Msddox (Gs.) opposed, saying In the
face of tho request of the secretary of war
f-r 13.000.000 lor the relief of the people of
the Philippines. It was wronr. to increase
the pay of an army offk-er at the expense of
the Filipinos. He thought there must be
plenty of genersls In the army who could
be detailed for duty if higher rank was
"There Is General F'.inston," he said.
"He would make an elegant chief of police,
and If colonels are needed, the woods are
full of them."
An amendment by Mr. Jones (Vs.) to
limit the number of assistant chiefs to four
was sdopted. Mr. Hull (la.) offered as an
amendment to authorize tbe appointment
ot a brigadier general aa rblef of tne con
stabulary and officers not below tha rank
of lieutenant colouel.
Mr. Cooper, In charge of the bill, do
maoded a record vote upon the Hull substi
tute. It resulted In a tie of 103 to 103 and
the substitute was lost.
A roll call was demanded on tbe third
reading ot the bill, which was ordered
101 to 83 and the bill passed.
Tbe resignation of Lanham of Texas, who
has been elected governor ot Texas, was
laid before the house. The resignation Is
to take effect on January 15.
At 4:15 tbe bouse adjourned.
Advertift Gets Temporary Floce "While
Pinal Arraneementi Ara Made.
Sends ames of llaveloek and Wood
lllifr Men, Together with lany
lowans, for Ratification
liy Senate.
Inanimate Target Shoots at Kansas
t'lty tlaa Promise of Mnltl
tadlnons Entries.
KANSAS CITY, Jan. -The Orsnd Amer
ican handicap at Inanimate targets will be
held In Kansas City, April 14, 15, 16 and 17,
at Blue River Shooting park, arrangements
for the grounds having been completed to
day by Klmer K. Bhaner, secretary and
manager of the Interstate Shooting associa
tion. It Is said that there will be over
) entries and that the shoot will be the
largest In the history of the event.
Owing to the fact that the Grand Ameri
can handicap at live birds, formerly an
nnual event. Is to be abolished. It is ex
pected that the Interest taken In the inani
mate target tournament will be unprece
ented. Shots from all carta of this countrv
and Canada will participate.
i-.ntries win close about April 1 and the
first two days of the shoot will be taken
tip with sweepstake events at twentv-flve
birds each, while the third day will be re-
erved for the main event, the Grand
American handicap. This event will be at
ion birds.
Miscellaneous target events will be held
i the fourth dav.
Over $1,000 In added monev will be dis
tributed anions- the winners and a numhAr
of trophies will also be given.
Major Maaslr, Although Pavorlte.
Falls to Capture Valaable New
Orleans Handicap.
vrw rTj.vA wa y- s ri. i
. ' . -. .. .' ... . . . , we.,,. D.innjui hi ii ii i i
me iavonte, was aeieated today by war
ranted in the Jackson handicap, at a mile
and a half, worth 11.430 to the winner. Red
fern's Judgment In placing his mount early
In the race was largely responsible for
warranted s victory.
v earner nne; tracg good. Results:
First race, five furlongs: Princess Tulan
won, Agnes Mack second, Apple Sweet
third. Time: 1:02 8-6.
Second race, selling, six furlongs: Carl
Kahler won. Tom Mavbin second. Psul
Creyton third. Timet 1:15 1
Third race, seven furlunas: Hariris won.
fit. Tammany second. Pageant third. Time:
tv s-o.
Fourth race Jackson handicap, one mile
and a half: Warranted won. Major Manslr
second, Krne third. Time: 2:87 4-6.
Fifth race.- six ' furlonasv handlcan:
IVEtrenn won. Sheriff Bell second, W. J.
teboe third. Time: 1:14 4-8.
Sixth race, selling. mile and aeventv
yards: Ecome won,,LeJa second, Annie
uuureiia .uiiiu. lime:
"With the) Bowlers. '
Oreenleaf and Benson defeated Weltv end
Martin oh the Gate' City alleys last night
Vnder the commerce clause of the con
tinuum then, cururress cannot oy anect
l.nlalotlnn reaulate Industrial corporations
In respect to their capitalization, their in
vestments, the motives that lnnuence mem
or In any manner supervise or control men
productive operations. These are not com
merce. 1 neir coruuiuta imui:iiisva ---
rived from the states, which had an un
bounded right to 'grant them. What uses
they shall make of these franchises, or
ends accomplished, under them, -the states
that granted thoia may say, ret congress.
When, however, a corporation has monopo
lised the production ana saie ui a tiuniic
necessity, congress may, lor the public
ood. limit the price charged In Interstate
As a reeult of this discussion I cannot but
conclude that the powers of congress lo
,iiiii industrial corporations are con
itnni within narrow limits. Broadly spenk
l,. OTnBra seems to be Irtwerlcss (lil'ecUy
to regulate or resinci mo oi Ktiuatiuu ui
Industrial cot poratlons. to limit their cap
italisation, to Inquire Into or Interfere with
their Investments or to question the mo
tives or to control tne nii-unius ui mcir
nrniiictlv oneratlons Nor apparently can
congress do any of these by Indirection. In
hurl, under tne aisinuuuuii ui mu powers
of government agrct-a upon nctwet-n tne
tinii..i Mil ! ami ins iiuira sou me iitu-
,.i- ih.r.of it would seem, tne nana of
congress cannot reach these cortratlons at ft they had been deciared fit for actlv
all until their transactions either become I '
Interstate commerce, or uuriiiy mm miuio-
llatelv affect It.
tm lius great queiwjn, iio,frcr, uikju
.hkh ih,.i ! so much diversity of well
matured opinion, the supreme court alone
can speak with authority. The people are
much concertina to nuw wuni cu u uuug
and what cannot. Aa yet, the Sherman
I- kuj not Deen TUlir nfvriniiru. i ncrn
r those mat Denev n ia, n
fnr,fiillv enforced, would furnish full re-
n Tk. ii i f Wtelv Introduced In congresa
by Senator Hoar. If it should become a law,
covers tne wnoie nu " j
the court, cannot but prove a valuable
measure for ngulattng these corporations.
Claims Aasoaat to Ktafcty Tboasaad
Dollar aad Contractors Retaso
to Make KxRlaaatloa.
NEW TURK. Jan. 8. Six Hens aggre
gating nearly f 80.0O6 have been lied at
tismstead, U I., against Castle OoulJ. the
country seat that Howard Gould Is building
at Bands Point. Port Washington.
Tha coctractors who Died the liens refuss
to o plain their reasons until the case Is
brought up In the Nassau county court.
Ut. Gould had trouble with workman last
autumn and aaa. dapaty gbetlaa to keep
walking delegates off his premises.
Mr. Morgan (Ala.) characterized it ti
exceptional case and said he did not
tend that Captain Hobson's reputation or
character should be damaged by any objec
tton against him.
Bills also were passed as follows: Tor
ths relief of certain enlisted men In ths
navy: to provide tor the purchase of a sit
and the erection of a public buildln
thereon at Shamokln, Pa. (the bill carries
an appropriation of (100,000) ; to provid
for a bridge across Rainy river in Minna
sot a.
At 5 tbs senate went into executive ses
sion. and soon afterward adjourned until
lions Disposes of Meaaar Iatrodacad
to Simplify Proceedings la
WASHINGTON, Jan. I. In pursuance of
the order made yesterday, the bouae Imme
dlately after convening today entered upon
consideration of the Philippine conatabu-
lary bill, which was speedily passed.
While Mr. Cooper (Wis) wss explaining
the bill Mr. Fltsgerald IN. T ) asked U It
WASHINGTON', Jan. W. J. Lewis ot
Nebraska, whose appointment to the postal
service hits been deferred on account of his
opposition to working on Saturtlsy, ha re
ceived a temporary appointment In tho
postofnee. Ills case will bo adjusted In
some way that will comply with the law
and will not cause hardship In connection
with his religion.
McKlntey Joins Regiment.
First Lieutenant James F. McKlnley,
Fourteenth cnvalry, a nephew of the late
president McKlnley, has voluntarily relin
quished his ssslgtunent In this city as aide-
de-camp to Major General Young, president
of the army college board, in order to join
his regiment, now at Fort Meade, 8. n.,
under orders to proceed to the Philippines.
Trust Bill la Reported.
The subcommittee of the house Judiciary
committee agreed today to make a favor
able report to the full committee on the
bill introduced by Mr. Llttlcfleld to ex
pedite the hearing and determination of
suits brought under the Sherman anti
trust law. This will be urged as an Inde
pendent measure. The subcommittee mad
considerable progress today, but will not be
able to report an anti-trust measure to the
full committee until Mcnday, as there Is
considerable work yet to he done In com
pleting the rough draft of a bill on which
they now are at work.
Reoraanlse Hospital Corps.
Secretary Root has forwarded to congress
with his hearty recommendation a bill pre
pared by Surgeon General O'Reilly for the
reorganization of the army hospital corps.
It provides that hereafter the corps shall
consist ot 800 first-class sergeants at (540
per annum, S00 sergeants at $300, twenty
corporals at 1240, 1,600 privates, first-class,
at $218 and 875 privates at $192, making
total annual cost of $770,400. It Is explained
that the proposed distribution ot the ap
propriation for the hospital corps would re
sult In an actual gain of ninety-five In the
personnel at no additional cost to ths gov
ernment. Presidential Nominations Made.
The president today sent the following
nominations to the senate:
Assistant naval constructors: Julius
Furer, Wisconsin; William B. Fogarty,
Pay Inspector L. G. Boggs, United States
navy, to be pay director.
Postmasters: Nebraska A. A. Hyersam
Havelock; William D. Spelts, Wood
Klver. Illinois Joseph H. Coff-
man, Augusta; Silas D. Patton, El Paso; W.
Larash, Bushvllle; Henry M. Peoples,
Shawneetown; 0. B. Crawford, Genoa; Abra
ham L. Coyle, Grldley. Iowa John Meyer,
Alton; Charles Terwllllger, Garner; Gull
bert Cooley, Strawberry Point; Hiram
Lamb, Murray; Andrew H. BJorge, Keoset.
Missouri Charles H. L. Andrum, Mount
:ij Sold by nil Dealer in
Medicine In
and 50c sicea.
Acts Like Magic
CALIFORNIA'S attractions are mostly of
its own kind, pecular to the state, and of
none is this so emphatically true as that
unique product, the Bitf Trees. The age of these
colossi is from 1,500 to a, 000 years. The Mariposa
Grove, which can be visited while en route to the
jYosemite, contains tome of tho largest. In the
Caiaveros urove art irom ninety to one nunurea
of huge size. Near Santa Crut ts a beautiful
rove of redwood Bif Trees v.-hich will well em
ploy a day's visit.
These attractions are best reached by ths Union Pacific,
whose fast trains arrive at Saa Francisco aad Los Angeles"
from Omaha sisleen hours snead of all competitors.
1324 Farnam St. Thone tit.
Union etatlon 10th and Marcy. .
'Phone 629.
1st. 2d. Sd. Total.
Oreenleaf 20$ 1A6 254 618
Benson 130 136 178 444
Totals 338 293 432 1.062
1st. 2d. 3d. Total.
Welty 166 153 1X7 5"6
Martin 171 118 153 470
Totals 337 299 340 7t
The Western Juniors were beaten three
games by the Krug Park Juniors on the
Western bowling alleys, as follows:
Sullivan 144
Landon 156
Matthla 1K3
Uengl 147
French L2
Totals 763
Timber 17
Clay 137
Glbba 123
Foley liit
Heft !
Totals 741
2d. 3d. Total.
178 124 446
132 148 435
157 154 474
170 177 4i
132 149 433
767 "752 3,284
2d. td. TOU1.
Ui 126 422
135 127 8H9
1(12 99 324
160 11 61
159 190 6u9
696 733 2U59
Elliot -Win ay Head.
SAN FRANCISCO. Jan. 8. Several good
things went through at Oakland toils y. one
of tne beat of uie season was Klllutt.
colt In the string of Walter Jennings. He
sv.irtea in tne seven-iuriong nanaicap, for
fnilch Uavlotta was favorite, and was
ilayed from 10 to 1 to 4 to 1. Clauds and
lylvta Talbot aet the pace, but In the
stretch Elliott assumed command. In a
drive he won by a head from Gold van
Claude was third and tbe favorite next.
Results: .
First race, one mile, selling: Larry Wall
ii r I . t ri n,hirmHn imiiiiiiI All Ihnut
third. Time: 1:414.
Second race three quarters of a mile, sell
ing: Epicure won, Modicum second, Pen
ance third. Time: i:it.
Third race, one mile and a quarter, hurdle
handicap: Portlands won, Favortta sec
ond. Aurlffera third. Time: 2:22.
Fourth race, seven furlongs: Elliott won.
Gold Van second, (jiauae tnird. Time:
Fifth race, one mile, selling: ilosper won.
Handpress second, Ultruda .third. . Time:
Sixth race, eleven-sizteentns or a mile.
purse: llonlton won, JJurauo sweoud, 1 el-
low TSU tnira. Time:
raeta League Nearly Complete.
BRATTLE. Wash., Ian. 8 The newly
organised Pacltla Coast league Is now
rapidly approaching completion. Clubs will
lie placed ill can rrautisco, 10 a Angeles,
Sacrumento and Oakland. It is thought
that rimer Portland or aeattle win be In
vaUed, simply because that territory Is
already covered by the Pacllic Northwest
leaaue. tne froniatner or tne scneine.
Secretary Farrell slated today that If ths
Pacino Coast leaaue will Quit Seattle and
Portland, reform the California league and
come into the national association tbe war
will be dropped.
Boxer Is la. Serious Trouble.
LONDON, Jan. 8 William J. Sullivan,
the boxer. Detier Known as -spike ' Sul
llvan, and a companion named Charles
Harris were remanded at the police court
today on the charge of attempting to pas
' Hank of England" notes, bail was re
fused. Sullivan denied all knowledge of
tha notes and said he only met Harris
casually at a railroad station while await
Ing a train.
Tret Oat bowls Wymor.
CRETE. Neb.. Jan. 8. (Special Tele
gram.) P. A. Main's colls again defeated
Wymore In a bowling match toc.ay on tne
Creta allevs. H.-ure: Crete. Z.415: wymore
2.130. Best averaae. Kasuarlk of Crete. 169
Highest score tor one game, Aaron and
Novak of Crete, 187.
Pacifist S-Dralas Wrist.
LOUISVILLE, k'v.. Jan. 8 Marvin Hart,
pugilist, sprained his wrist while wrestling
laat nlghi and has cancelled hi engage
ment with Jai-k O'Brien, ot Philadelphia,
st for January 17.
Mrs. Tiagla-y la. Heralled.
BAN DIEOO. Cal.. Jan. 8-Mrs. Tlngley
was recalled for cr j-examlnation by the
defendant in surrebuttal at the opening o
the Tlngley-Tlmccs trial toduy. she wa
asked about a statement that she rrirove
Mrs Anderson of San Franc-two, 00a of the
defendants, who wa once a nit-rwlx-r of her
cabinet. She said she had admonished he
on Ihree orralons. several hours wsl
vent iu arg anient of law iKiluts.
ltayn-Waddl. 1
AURORA; Jeb.,- Jan. "8. (Special.) At
the residence of the bride's parents, Mr.
and Mrs. James Waddle, Mr. Harry Bark
Rayner and Miss Rhoda Waddle were mar
ried. Rev. Rlcker, officiating. The bride
has been a popular teacher in the public
schools of Red Cloud, Aurora, and New
castle, Wyo. The groom 1b. one of the staff
of officers in Newcastle bank, Wyoming. Mr.
and Mrs. Rayner will be at borne at New
castle, Wyo., after February 10.
Hoffman. Sear.
ASHLAND, Neb.. Jan. 8. (Special.)
Harry H. Hoffman and Miss Abble M. 8ears
were married at the residence of the bride's
mother In East Ashland at 8 o'clock tonight
by Rev. Frank M. Sturdevant, pastor of tho
First Baptist church. The groom is a clerk
in Hoffman Bros.' store in this city.
NEBRASKA CITT, Neb., Jsn. 8. (Spe
cial Telegram.) Mtohael Carmody and Miss
Kate E. Obnmatcht were united in mar
riage at tbe St. Benedict Cathollo church
here today. Both young people are pop
ular In Cathollo society circles here.
Mrs. Ration Sue for Damages.
LAWRENCE, Kan., Jan. 8. Mrs. Carrie
Km inn the temoerance reformer. In
structed her attoSjiey here today to bring
suit against the city of Wlcnltn far HO.rtoO
damages for "bodllv Injuries, mental an
guish and nervous distress," for an attack
made upon Mrs. Nation by a mob when she
visit a that cuy in issn on one 01 uer joini
srruuililng expeditions.
INSTRUMENTS placed on record Thurs
day, January s:
Warranty Deeds.
Marlus Borensen and wife to J. H.
.iplelt. w 40 feet lot 1, diock s, noma
nark I 1.350
J. E. Qeorge to Alexander Komlno-
SKy, lot in. BUinvan s auu
Ida P. Westerfleld to C. A. Wester-
tield. s'.i swvi arid ne-4 aw iu-10-iw. .
Caroline M. Walter and nusDand to
K. V. Walter, e" exau ioei in iui
ii. hink 1 Park Place
Christ Frandson and wife to Michael
Frankovicn, s1 101 , uiota x, gut
ter & C.'s add
Sarah M. Besley and husnana to a.
H Dillen, lot 1. oioca e, ouunuers
b. u Mount Pleasant add
South Omaha Land company to J. J.
Hunt, nVs nw d-h-ij .................
M. F. Naylon to Michael J. Naylon,
n30 feet or wiw ieei '"i -bach's
subdlv; lot 8, block 8, Drake s
Ellen Swesrlngen ana nusuana iu
Martha wnson, s-ii a-m 101 ,
4, Rush & ' add
Talk By
Greed Educators.
Through the kindly aasistanco of tome of
tho ablest educatorg In tho Weft, wo pro
ent a list of special articles which will bo
almost a liberal education in themselves. On long winter evenings It
will mean something to you to have at your command a series of ar
ticles of interest to yourself, your wife and the children.
rhrNoe1 r . Jais liem, LIP.-, ala
,t-i,. .u-M.k. 'S6tiktaFwsa " lini.Owltl.SKMM.rms
Ths Pmr i4 His MmSs."
St B.
O, Arlrftll. rrm Colortds
"CM I I nwmiMp stkftnlf . By Mol - Nrm), - ww auprr
dm. Th Diatrlcl School MarMslsd EMtoc. Bf Hon. W. K.
rintmdnt! PabHc lamcttos. "Wort M TM rsnaer t Is.
Bill. fcMir MlMouti Inn Bosnt of Afrlcsllws. -'Educa.
1 1. MscLou. Pros, of lows
Strto Unlvoflltr.
Africultunl Conor.
inttnaont oi ruouc im
ZJUZx A t B BtCoVu- iTCufoi rnsoMor of AsrlcsHM. AtiollMl CoUora.
Writ now sad let as send yo s fr Sssnpl Copy ef this great oplsrlar of 8da.
tl&o Airioalnr, Prios S1.00 a yaar. issaed weakly.
1708 FaKnam Stkzkt, Omaha, Neb.
SpeotaJ Ha to awnt . vary poaofflo In tho OMmtry,
II. 1 T
Mobile and
'Follow tho Flag"
New Orleans
and Return
Havana, Cuba, and Return $63.35
Tickets on sate February 17 to 22. Long limit and stop overs. The Wabash
Is the shortest, quickest and best line to south and southeast.
All Information at Wabash office, 1601 Farnam street, or address
Harry E. Moores, 0, A. P. D Omaha, Heb.
Total amount of transfers..
(best! . 1 0 IteI
from time to time are for sals at tbe
publication office all in good condi
tion low prices.
Forty Sizes, 10c to bOc Each.
RICHARDSON LiRUG CO., Distributors.
tMiputy Stats Tatortaarlaa
Food Inspaotor.
Dfflaa sad Infirmary, at aad Mass BTta,
Omaha. Ni b Teleplionu uZ'J.
When you say you are going to move but
will wait till next spring, stop to think.
There are three or four very desirable
offices in The Bee Building vacant now.
There may be none next spring,
Better move now.
Hiatal Aaeat
Be Balldlaa;.