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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 21, 1903)
2 TIIF, OMAITA DAILY PEE: WEDNESDAY, JANUARY 21, 1003. Howell water worfts bill, authorizing Omaha to acquire and operate lit water worki plant undpr the $3,000,000 bond roted t the last election. Neleoti of Douglas, defining hla bill, II. R. lfil, ssys: "It la bill to proTide for the 'conveyance in proof of titles to real entate.' It la a redraft of chapter Ixxtil of the Nebraska atatutea relative to deeJa, rrortgagcs, etc. The principal change In the law is to provide a law for acknowl edgment of deeds and mortgages uniform ! wltb the laws of Iowa, Missouri and Massa chusetts and some other states. The bill also legalizes all defective acknowledg ment of deeds placed on record before January 1, 1903, and provides that the record of such defective deeds shall be val idated and legalized, and that such record and duly certified copy of such record shall be admlslbln In evidenre. "Another feature of the bill la a require ment that the title to real estate shall pass by delivery of the convrysnce to the register of deeds for record and not by a mere delivery of the deed." Mr. Nelson claims that bis bill will save much litigation and trouble In examination of abstracts of tide and will give the state of Nebraska some tf the benefits of the Torrens system of registration. So far no one has proposed to enact the Torrene ye tem for thla atate. The above bill wilt not In any way conflict with .the. Torrens sys tem If Introduced. Nearotlable Instruments Lan. Mr. Nelson ha another bill before the house of similar Import. It la S. F. 4, of which ho says: "Thla la an act relating tri negotiable In struments and Is Intended to establish a law uniform with the laws of other states relating to notes, checks, drafts and bills of exohange. It la a codification of the de cision of the courts of all countries using the English language. The first law of the kind was drawn by W.D. Chalmers, counselor to the treasury of England. This law. was taken up and considered by the American Bar association and the conference of com missioners on uniform state laws. They found the English act not complete enough for American use, so they employed John J. Crawford of the New York bar, who drafted the present negotiable Instruments law In the form In which It has been en acted -In. some twenty-two states. "The advantage of the codification of thla branch of the law must be apparent to all laymen. The law of Nebraska as It now tands consists of the decisions of this atate and three or four sections of the statute and the remaining portion of tho law consists of' the principles of the mercantile-law as laid down In some 2,00) American decisions. It la estimated that these decisions must have cost the parties bout $2,000,000. EVery time that a contro verted queatlon arises In the courts of Ne braska .the6 decisions must be consulted In order to determine the law of the ense. If It la controverted question th usual practice Is to have the case decided by tho supreme court. The negotiable Instruments law has settled all of these controverted questions and mors than that, has laid down all of the' main principles of the law as gathered from all of the decisions of the English and American courts. Ueo-lslatl ve Gossip. The personnel of the house of representa tives of the present Nebraska legislature ,'s standing contradiction of the old Idea that the man who tills the soil has an un equal voloe In lawmaking. Out of a mem bership of ninety-nine there are fifty-five farmers in the house. Bo that It bills emanating, from that body are Inimical to the farmers' interests, .the fault will rest, to some extent st least, with the rural ista. Lawyers number fifteen and doctors fits in the house. ' ' ' The House eo'mml tte fen the judiciary, 'tot which Nelson of Douglas Is chairman, is composed of eleven lawyers and is regarded as an exceptionally strong committee.. But thtrs are said to bo soma strong "kickers" f n this legal bunch. Their first-shares of VomplaJnt 4s that the tables id their cOm-t inlttse room, are of lnauCJclent araa,ito af- 'ord foot room for all the men, here. It is a, noiaDis laci mai in moments ,oi aeep- est thought lawyers Insist on having their feet higher than their heads and 'they pro; test that this lawerly expedient cannot de cently be practiced under the circum stances. SNAP IN SENATE PROCEEDINGS Debate cm Revenue Resolution and Several Important Measures Acted On. (From a Staff Correspondent.) LINCOLN,, Jan. 20. (Special.) In .the senate today it was the busiest day of the session. Conilderable ginger and snap was injeoted into tho proceedings and several Important measures were taken up. Anderson of Saline Introduced a resolu tion as follows to have a commluee of three appointed to investigate and find the cause of the low per cent of state taxes collected by the-county treasurers and to recommend a remedy for ths evil: In view of the fact that from tho audi tor's books It apfeara tor various years and In various counties, as la' shown to aome extent by a statement of tne taxes paid and levied in certain counties hereto attached, that there la a very small per centage of the tolul state taxes paid In these years, It running from lew than 1 per cunt of the total levy In one Instance for on year, as per sheet attached, to about lh to j per cent, as snown oy this slate- ment, Willis ninny OI inn counties in l" ' nn .mnlnnal rannrtnl ta urnnln. Um state tor all of ihese years assessed then lie on employes reported to emplpy Mrs. record shows have puld continuously on the H. Walters as stenographer. Adopted, average 90 to 95 per cent of their atate a message was received from -the house ai.'la.'Slt! announcing that a committee had been ap and it coming to my attention, as shown by j pointed to act with a senate committee on tne auditor's book, that one county, really . revenue bill, to report-in fifteen days, without any explanation, on the records i.. ,,u-.i .iJ. whv. has nut ma.le any .etilemeiit r uaU The committee On medical sortelles rs- liy u& lif win siaitj .uuruiK lim year lOBA, believing this matter Is deserving of in- vestigatlon to explain the cause and recoin- mend a remedy t correct this injustice In any tax to the state .during the year th's unequul payment of state taxes, there lure De it Resolved. That a special committee of thres be appointed to look Into the matter aud report. As shown on the auditor's books the fol lowing counties have paid but a very small percentags of their stale taxes for certain PHELP8 COUNTY. U74-. Tsxes levied " ,.$ Of this there remains unpaid lielng less than 1 per cent paid. u;a Taae levied $ Amount remaining unpaid iota) per cent paid less than I. i7li- Taxes levied $ Amount, remaining unpaid Percentage paid uelng lens than t. 3.390.56 3.3:15. wj 2,620.80 8,471. i 2.637.61 2,4i W 11 Taxes levied $ Amount remaining unpaid Percentage paid being nearly SO. QKEELKY COUNTT. 1892 3.426.S9 2.SU4.3J Amount of taxes levied $ Amount remaining unpaid Or little more than 11 per cent paid. T. 131 43 v,i.9.U HITCHCOCK COUNTY. IK Taxes levied -$ , 765.44 May be Used in the i Boudoir fGORHAM Silver Polish Doe not hurt or soil the hand Clean as well u polishes All rcspooslbls )wUrs p U si ssats s package lUmulnlr.ic nnpal I S.S8S 5 Or about it pi r cent paid. I I Kite E COUNTT. Taxes levied .......... 4 ,ft?3 M Kcmalnlng unjmM 7,4o3.23 Or a little more than 8 per rent paid, DUNDY COUNTY. IBM Txe levied J.TyvfO Homnlnlng unpaid , 2.3J1.13 Or about 15 per rent paid ' MERRICK COUNTY. ve.i levied .$ 17.6t7.OS . ll.MO.OO Amount remaining unnald Or little over So per cent paid. HOLT COUNTY. 1W2 Taxee levied Amount rcmnlnlng unpnld .... Or sbout 45 per cent paid. OTOE COUNTY. W,9 Taxes levied Remaining unpaid 1N-V- Taxe levied Remnlnlng unpaid ...$ 1.(M 51 ... 10.24.72 t 4.50759 ..... 4.507.59 .....! Zl.E3.4' .!. 14.71U.U2 Or abuut 30 per cent paid PLATTE . COUNTY, t. 104 Taxes levied HrmalnlnR unnald ....$ I7.SM.6S 14,778.78 Or about 18 per cent paid. , . BUFFALO COUNTY. 1XIN Taxes levied Hemninlng Unpaid 18R9 Taxes levied ". $ Amount remaining unpaid FRANKLIN COUNTY. 1S73 . Taxes levied $ Rnmatnlng unpaid 1R74 Tuxes levied f Amount remaining .unpaid Total amount 'of 'taxes -'.levied 4.018.50 4.9P7.47 4,013. 5U I.J7H.75 2,594.83 8.737.34 - 2.268.32 m several counties for seven- teen years 11.11,472.22 Total amount of taxes remain- . ing unpaid In said counties for seventeen years lnUITlO.M Amount paid .Vi..,. I Jv.lSl.IU This amount nald brlna- a little more than 23 per cent of the totul amount levied Under the rules of the senate the- reso lution went over snyl tomorrow. Debate on Revenue Matters. The Harrison . resolution introduced yes terday was brought up and passed after much debate. The resolution provided that the senate revenue committee hold itself In readiness to confer with a committee from the house on a revenue measure. O'Neill of Lancaster objected to the adoption of the reaol itlon because he thought better , results could be obtained by the senate and house acting independ ently. He stated that one house was sup posed to be a check on the other and by the adoption of the resolution this safe guard would Co longer exis. Hasty of Furnas objected and In-closing his remarks said: "I hope there Is no nig gar in the woodpile." ; Brown of Keya Paha, chairman of the rev. enue committee, was one of the members who were In favor of the resolution. Howell of Douglas introduced a resolu tion requesting the supreme court to name a committee of their commission to act with the Joint committees of the house and senate to formulate a revenue bill. The resolution was as follows: Wherens, Adequate .amendments to the revenue Inws of the state are urgent and universally demanded, and Whereas, The revenue conrmtttne of both the senate and the house should have all the assistance In framing a satisfactory measure that It Is possible to afford them: therefore, be it i i Kesolved. by the sVnate and the house of representatives of the erfate of Nebraska In legislature assembled, That the supreme court be requested. tt -designate members of the supreme court commission to co lt borate with and assist the revenue com mittees of 'the house and senate to pre pare and submit a comprehensive-amendatory measure to the revenue laws of the slate jiot later than February 10, 1902, said measure to Include the following features: 1. A provision for county assessors In each county In lieu of precinct assessors. 2. A provision for enlarged powers of state and county boards of equalization to that assessments jnay be eithes .raised or lowered In whole or in part. 8. Further provisions for assessment and taxation of personal property. v- i-ovriMiry provision to enable counties and muniuipauues io , collect deltnuuent tsxes. Sloan of Fillmore Introduced six bills pro viding for the lengthening of the terms of office of county officials to four years. These bills were the outgrowth of the County Offi cers' association. Brown of Keya Paha wants to get rid of the prairie dogs In Nebraska and introduced a bill declaring them a nuisance. The bill provides' that property owners must kill off the prairie dogs by the first of next No vember, and if they da not then It becomes the duty of the road overseer to do the work and for the service he Is to be paid $3 per day. This money is charged against the property the same as taxes. Senator Brown stated that the bill was aimed at the non resident property owners who paid no at tention to the prairie-dogs and were al lowing them to overrun the western part of the state, where they are doing much damage. Just before adjournment this afternoon the Howell bill providing for the purchaso of the Omaha water works was read a third time and passed, thirty-three senators vot ing for It. The senate, as a committee of the whole, reported favorably on S. F. 18, in regard to changing the dste of the Omaha election, and S. F. S, in regard to quarantine law. Senate ,Rcatln. . Lieutenant Governor MeQUton called the senate to order at 10 o'clock." , Pemberton of Gage reported that the sec retary of state had said that the contrac tor would furnish senats files satisfactory to the senate. Sheldon of Casa renorted that ths 'com ' ported favorably - on 8. F.. 8 la ' puneu ikiuisuij - ud C3. i regard to quarantlns laws. I . . . . ,,, troductlon of seventeen bills After the io and senats files presented yesterday were read1 a sec ond time the senate adjourned at 12 o'clock until 8. ' Afternoon Sesaloa. , Ths Torrens tag commission report was received from the governor without recsm mendatlon. The introducing of bills then began. On motion of Harrison of Hall the Sen ate went Into committee ot the whole, with Fries of Valley In ths chair, to consider bills on general file. 8. F.-S was read and on motion ot Mere dith the committee reported favorably on the bills. It relates to enlarging the power ot county health boards in regulating-quarantine. 8. F. 18, by Saunders To change data of city election ot Omaha, was rdjtd and upon motion ot Anderson ot Safta Its passage was recommended, Ths committee) on employes reported the resignation ot J. Backus as clerk Of the Judiciary committee and recommended that E. B. Pratt be ' appointed In bis place. Recommendation adopted. A messenger from the house announced that H. R. 87 had passed that body. Ths raport of the Torrens land commis sion was referred to ths Judiciary com mutes. A recess of fifteen minutes was tsken to allow ths commutes 6n engrossing and enrolling to male up Its report. The commutes on engrossing and enroll ing reported that It bad found 8. F. 1 correct after examination. 8. F. 1. by Howell ot Douglas Was read a third tlms and passed. Senats adjourned at 4:50.. Tba following bills wars Introduced: 8 F. 97, bv Pemberton Ts amand se tlon 113 of the Cods of Civil procedure, luucnslsleut defunaus say l sialsd la erne answer. Party must believe one or the other to be trje, but cannot determine which. B. F. 6. by Brown of Keva Pah.i-To amend section 23. chapter I. Compiled Stat utes, entitled "Liquors." fine-fourth fines to be paid romplnlnlng wllne. 8. F. fi, by Hrnwn of Keva Paha De claring prairie 1o to be n nuisance and to provide for their destruction as such. 8. F. ?, by Anderson of Saline (bv re quest I To amend section ir, it the Code of Civil Procedure. Not nectienr) to give notice to minor child unless over 14 years old In civil proceedings In adopting A child. 8. F. 71. by Reynolds ot Dodgt To es tablish lilirHrles for the use of teachers pupils ard other residents in nil school districts. 8. F. 72, by Slnnn of Fillmore To amend ectlon 7, chapter xxvl. of the Compiled Stetutes. Change In term of county offi cers. 8. F. 73, bv Ploan of Fillmore To amend section 1 of subdivision 7, chapter. Ixxlx, of the Compiled Statutes. Term of utiles of county superintendents four ears. 8. F. it, by Sloan of Fillmore To pro vide for the signing of official bonds of slate, county, t mhool district, precinct, township and municipal nltlcers by surety companies In all Instances, and U provide for tho payment of premiums upon said bonds by the state, rountv, school district precinct, township or municipality as the esse may be. 8; F. 7fl, by Sloan of Fillmore To amend section IS, chapter vll, ot the Compiled Statutes. County attorney to serve four years. 8. F. "ft. by Sloan of Fillmore To amend section 77, article I, chaptei xvlll, of the Compiled Statutes. Register of deeds to serve four years. 8. F. 77, by Sloan of Fillmore To amend sections 64 snd 55, article I, chapter xvlll, of the Compiled Statutes. County boards to serve four years. 8. F. 7. by Iteghtol of Lancaster (by re quest) To amend sections JO and M, chap ter xllll, Complied Statutes, being sections 1 and 16 of an act entitled "An act to regu late the organization and operation of mu tual benefit associations, life insurance and life Insurance companies." 8. F. 79, by Hastings of Seward Provid ing for the election, salary and defining tho powers and duties of cojntv attorneys, and repealing sr-ctlons 15, 16. 17, 18, 19, 2ft 21. 2-. 23. 24 . 25. 2 and 27, chapter vll, of the Compiled Statutes. 8. F. 8. by Hastings of Seward Provid ing for the election, salaries and defining the powers and duties of prosecuting at torneys for the several judicial districts of tho state of Nebraska. 8. F. SI, by Jennings of Thayer To re quire owners and operators of portable en gines to place plank on culverts and bridges before crossing the same. 8. F. 82. by Wall of Bhorman (by request) To amend .sections 3. 4 and 11. of an act entitled "An act creating a food Commis sion." ' 8. F. 83, by Wall of Sherman (by request) To amend sections 1, 2, , 4 and 6 of an net entitled, "An act to provide against the adulteration of food, prohibiting the sale or offering for sale of adulterated food." 8. F. 84, by Howell Joint resolution pro posing a commission to be appointed by the members of the supreme court, to prepare and submit a comprehensive amendatory meisure to the revenue laws of the state. 8. F. R5, by Howell of Douglas To de clare void sales, trades or other disposition of stocks of goods, or portions thereof In bulk, otherwise than In the ordinary and regular course of the vendor's business. B. F. 88, by Hrown of Keya Paha Rela tive to collection of delinquent personal taxes from estates of decedents. S. F. 87, by Morris of Pawnee To amend sections 521, 53u, 531 and 631a of the Code fit Civil Procedure relating to exemptions. B. F. 88, by Norris of Pawnee To amend section Ml, chapter II, title 14. Code ot Civil Procedure, relating to garnishment. HOUSE ASSERTS PREROGATIVE la forms Senate It Alone Has Aathor tty to Frame a Revenoe Measure. (From a Staff Correspondent.) LINCOLN, Jan. 20. (Special.) The first action of the house today was to order, by vote, a suspension of the rules enabling tho bill of Gilbert of Douglas. H. R. 87, to be engrossed for Its third reading. This measure, with" H. R. 67, also by Gil bert, authorizing the city of Omaha to ac quire and operate Us water, works plant, were favorably reported on by the commit tee on cities' and towns, of which Gilbert Is chairman. The motion to suspend ths rules was made by, Morsman .of Douglas. Several .votes were cast agalnBt the mo tion to suspend the rules, which Morsman Insisted was vitally necessary to the suc cess of the measure. . The house Indefinitely postponed Koet ter's bill, H. R. 34, making it ob Igatory for country school districts to maintain truant officers and optional with .city dis tricts. The bill was so recommended by the committee on public "schools. "V On report of the. committee on publio schools the houso recommended for pas rage H. R, 46 by Frledricb of Cass, com pelling due publication of notice of any school board' meeting at which the purpose Is to change a School alts or authorize the building of a new structure. Speaker Mockett then. In pursuance of the Douglas resolution of the previous day, appointed the committee to frame and in troduce a revenue bill within fifteen day from January 19 H. R.s from Nos. 157 to 162 were read the second time and twenty-six hew bill Introduced. Afternoon Session. At the afternon session the committee on engrossed bills reported fsvorably on ths enrollment of H. R. No. 87 and the report was accepted. The bouse asserted its independence of the senats in the matter ot formulating revenue legislation when on motion of Rouse of Hall It ordered placed on file ths resolution of Senator Harrison that ths senate authorize Its committee on revenue and taxation to hold Itself In readlneas to draft a revenue bill and report not later than February 6. acting jointly with the house. The motion also specified that the senate be notified that ths bouse already had taken action to draft a revenue bill When the reaolution had been read by the secretary. Speaker Mockett announced that It was a Jplnt resolution, requiring ths concurrence of the house. Ex Speaker Sears at once took issue, say ing it was not a joint resolution, but simply a senate communication, and therefor called for no action from the house. Forth with Rouse made bis motion, which, des plte ths. speaker's position, was carried. H. R. No. 87, Gilbert's city election bill, was then passed by the house, SI affirmative votes and no negative being cast. The house, on motion of Sears of Burt, then went Into committee of the whole, and Speaker Mockett Invited his predecessor Mr. Sears, to take the chair. On motion of Gilbert of Douglas, hi water, works bill was passed, retaining its place on genrril "le, sines a joint measure was going thr. uh the senate. JL.R. No. 2?, a bill by Good of Nemaha to repeal the law requiring entrance exam inations to .normal scnoois, was taken up and the committee of the whole, on Oood's motion, recommended the bill for passage H. R. .No. 46, by rrederlck of Cass, was recommended for passage. The report c ths committee ot the whole was adopted by the bouse. The house, at 3:15, adjourned. New Bills. H. R. 168, by Fellers To make election day a legal holiday. 11. H. VJ), by Kellers levying a special votins tax of 8 cents and providing ths manner of payment thereof. 11. R. 1. by Burgess To permit mutual assessment life Insurance companies to fur nish sick benefits. 11. R. 161. by Spurlock (by request) Re lating to damages for Injuries sustained on public high ays 11. IC lb-'. by Douglas To prevent willful and malicious Injury to or molestation or destruction tif telegraph or telephone prup. erty. H. R. W, by Hanna To amend section la, subdivision 10, chapter Ixxlx, Compilrd Statutes, relating to ths expenses of teach ers' Institute H. R. 164. by Robbins-For ths relief of stats treasjrers who have paid out money lor g.iaranty bonds furnished by surety companies: refunding H.wm to William Stutter and Si.doo to Peter Mortensen. H. R. It, by Kittle To repeal wolf scalp bounty law. H. ft. 168. by Flshback (by request) To provide driJnags tor agricultural aud saul- tary purposes ilnd fo rcpeaT article 111, hap. tT lxxxlx. Compiled Statutes. M. K. 167, by Weborg Concurrent reso lution relating . to the election of United Plates senators; memorializing congress t- submit a constttutkinal amendment provid ing for the direct election of United States senators. H. R. 168, by Nelson To provide for the conveyance and proof of title to real es tate, snd to repeal sections 1 to 56, Inclu sive, of chapter Ixxlll. Statutes of Ne braska, entitled "Real F.state," and sec tions 1 and 2. chapter lxxxl, of said stat utes, entitled "Svsls." H. R. 19. by Gregg To provide for the examination and grading of all tanehers' manuscript In the subjects required for county certificates by the state department of public Instruction. 11. R. 170, by Currle Declaring pralrlo dogi to be a nuisance, and to provide for their destruction as such. H. R. 171. by Ten Kyck Relating to the proviso clause of the tax commissioner sec tion of the Omaha city charter. II. R. 173. by Ten Kyck To prevent the mutilation of horses by docking their tails. .11. R. 173. by Jones of Otoe To amend sections 89 and ins, chapter lxxvll. Compiled Ktntutes, entitled "Kevemiee, ano to re- eal enld sections as heretofore existing, li. H. 174. bv Hears To give to widows absolute estate Instead of dower Interest. Thl If-, the bill Indorsed by the Nebraska woman s eurtrage association. H. R. 175. bv Burgesr To allow county boards to let contracts for county printing by separate Items, Instead of In bulk, as at present. M. k. 176, by Perry Relating to suo- poenss of witnesses In civil acllors. M. K. ii, oy Met. my neiating io incor poration fees of. building and loan associa tions. H R. 178, by MoAl!lster-To provide for he sale of marks and brands and a tee for recording the same. H. R. 179, by Ale La In To require that no person be elected probate judge who is not a regnlarlv admitted attorney-at-law. H. R. 180, by Mcl-aln Relating to the qualification of attorneys. H. K. lxi. hv McLain To require poll ami road taxes to be psM in cash, and to au thorize road overseers and street commis sioners to employ competent men to work me ronos and streets anu io nx ine com pensation therefor. H. R. 12. bv Loomis concerning inna titles snd the registration thereof, and thu registration of estates therein, and ease ments, encumbrances and charges thereon. H. R. 183. bt MeL n Amends Ash and ?ame laws by making open season tor trout rora June 1 to November 30. H. R. 1H4. bv Reed Gives heads of fami lies ?300 exemption from garnishment. Wages of clerk mechanics and laborers In hands of employers. are exempt to extent ; . - . .. . i VI w rem H. R. 185. bv Reed Relating to method of procedure In county courts in Judgments, TWO SENATES SITTING (Continued from First Page.) militia to place , Haggott and the repub licans In possession of the chamber. Gov ernor Peabody said today that he would not Interfere. His friends are advising him to keep his hands" off, and they point out that If he recognizes the' Haggott senate no leg islation can be enacted at this session and the state government must go without funds for two years, as appropriation bills could not be legally passed. The republican leaders In the house re fused today to carry out the Wolcott pro gram and unseat the eleven Arapahoe dem ocrats. The senate remains in continuous session, but' will not remove more repub licans pending further aggression by the house. When asked today regarding his attitude with reference to the split In the senate, Governor Peabody' said: I am the governor of the whole people and not subservient to any clloue of any political party, arid I will be guided by the law and constitution In deciding which side ot the senate should be recognized. I do not contemplate calling out the military. I think the National Guard too dignified a body to do police duty, and that Is all that Is required. There Is no occasion for bay onets. I think,, that the police can keep order. '' , , ; TURN. CITY 0YER TO FIREMEN Twenty-First onaal Convention of VolnsttvivMri In Session at . . i . .'-.', . , ...iUa-ets.. ... .-. . i- .V . . CRETE,' Neb-,. Jan. 2.-(8pectal Tele gram.) The twenty-first "annual conven tion of the Nebraska Volunteer Flrmen's association Is now In progress. Two hun dred delegates are already In the city and many more will arrive tomorrow. The open ing session was held in Band's opera house at 8 o'cloVk this evening.. Mayor Bock, after turning over the keys of the city to the visitors, introduced Hon. H. M. Wells, who in a felicitous speech badu them welcome to Its hospitality. Mr. Wells told of tho organization and growth of ths association in the stato and complimented the members by emphasizing the fact that It is a volunteer organization and not one of salaried men. Response was made to this address of welcome by J. P.'Cleland of Fremont, who has .had the distinction of having been the first president of the association. After transacting minor business mat ters, the meeting adjourned till tomorrow morning and the delegates , proceeded to enjoy a smoker given by the local firemen. The program for tomorrow Includes, be sides the regular business sessions, a parade in the afternoon and a band concert In the evening. PAN - AMERICAN RECIPROCITY Argentine Delegate I'raes Cvstoms Consrress to Recommend New Commercial Treaties. NEW YORK, Jan. 20. At today's cession of the customs committee of the American republics Dr. A.' Alvarez de Toledo, deler gate from Argentine, presented a resolu tion which, after stating In' ths preamble that the Monroe doctrine ought to be ex tended, proposed that the congress recom mend to ths different republics the early sanction ot all commercial treaties now pending, the negotiation of reciprocity treaties with other countries and that such treaties be made more favorable to Ameri can than to foreign countries. The resolution 'was referred to a commit tee of seven to be appointed by the presi dent, who said be regarded the resolution as most important. IT PAYS To Know J'acts Abont Coffee. When man takes properly aelected food and drink Nature will most always assert herself and rebuild the structure properly. "From my earliest remembrance I was a confirmed coffee drinker," Writes a gentle man from Marshallvllle, Ga., "taking two cups at nearly every meal. While at col lege I became very nervous, dyspeptic, Ir ritable and unfit for study and attributed tt largely to coffee, but did not stop Its use. "When I was married I found my wife was troubled the same way, and ws de cided to try Post urn Food Coffee. My wife msde the' Postum according to directions and we found it superb. We used It ex clusively for the morning beverage, and the taste of ordinary coffee became dis tasteful to both of us. "We have found a distinct gain In health. Any amount of Postum does not cause a feeling of either dyspepsia or nervousness, while ths return to coffee even for one meal bas disastrous effects upon my nerves. My dyspepsia bas entirely left me, and both my wife and self ars well and strong and feel that It Is all due to the Postum." Name given by Postum Co., 'Battle Creek, Mich. It is easy to replace coffee with Postum, which has, whea properly made, a rich flavor and the color of coffee, wltb Sons of its Injurious after-effscu. OMAHA YARDS .. INTERVENE Joins Other Etsck Centers in Figktlng Chi cago's Complaint. WINDY CITY NOT HURT BY RAILROADS e Discrimination Is Practiced Aaralnst Lake Point try Means of 1 nialr Tariffs on Live AM. mall t onslarned There. CHICAGO. Jan. 2d. This afternoon th Interstate Commerce commission continued the Investigation bigun last December Into the complalut ol the Chicago L,tve 8tock exchange that railroads were discriminat ing In rates between Mlfsourl river points and Chicago In favor of dressed meats and against Chicago as a live stock market. Oinalm Tnkes n Hand. Fresh lnttrvcnlng petitions were filed by Frank T. Ransom for the Union Stock yards of Omaha, and the Live Stock exchange of St. Joseph, Mo., by Mark D. Flower for the t'nion Stock Yards company of St. Paul, snd by William Milchrlst for the Sioux City Live Stock exchange and stork yards. All tho Intervenors are practically aligned with the railroad companies to show that the complaint of the Chlrags Live Stock exchange was without foundation. The live stock Interests of these cities allege that In reality Chicago Is favored by the pres. ent rates on live stock and d'essed meats. The case of the Chicago exchange was closed after brief testimony by C. S. Free man, a commission merchant, and C. W Tomllnsoa of tho Live Stock exchange. Both said Chicago was discriminated against. Ira B. Mills, chairman of the Minnesota commission acted as examiner for that body and presented Commissioner C, F. Staples as his first witness. Compromises with Rnllways. Mr. Staples said the Minnesota commis sion recently arranged a compromise with the western railways, by which rates on live stock from that state to South St. Paul and Chicago were fixed In a way that was considered fair to both cities. He ad mitted, however, that the commissioners hsd not considered the reasonableness of the rates, except relatively to either city. Thomas Yapp, another member of the Minnesota commission, produced maps and figures to show that South St. Paul was not favored as against Chicngo by the railroads. Late In the afternoon an adjournment was taken until tomorrow, with the under standing that each of the Intervenors would present one witness. The railroads will then call A. B. Stlckncy, president of the Chicago Great Western, and A. C. Bird, vice president of the Cblca), Milwaukee & St. Paul. At the . morning session the commis sion, acting at the Instigation of the United States senate, sought facts and figures as to Import rates by which Euro pean manufacturers are able to undersell American manufacturers in the markets of the western states on certain classes of goods. . General Freight Agent W. H. Rhett of the Illinois Central railroad was one of the first to testify. He was unable to state whether the ocean carriers of the railroad companies were responsible for the condi tions that prevail. Wllford Shade, a customs house broker of St. Louis, admitted that he received from railway companies 10 per cent commission for the part he played in getting Import business. The witness refused to say how much he received from the importer and from the consignee. WITNESSES FOR OPERATORS Delaware, Lackawanna Jt Western Presents Evidence to Strike ' Commission. PHILADELPHIA, Jan. 20. The Delaware. 1 Lackawanna & Western railroad continued : to call witnesses before the coal strike -commission today in opposition to the de- , manda of the striking mine workers. John J. McAndrew of Scranton, a hoist ing engineer at the Diamond mine, was the first witness. He said the engineers, j firemen and pumpmen of the Delaware, Lackawanna ft Western district No. 1 were j unanimously opposed to going on strike. . All the steam men of this district, two- ! thirds of whom were members of the United , Mine Workers of America, held a meeting ' of which Mr. McAndrew was the chairman, 1 and adopted a resolution requesting Presi dent Mitchell to rescind the order calling out the steam men because they had no grievances. A committee saw Mr. Mitchell and he said be could not recall the order. When the strike order went into effect eighty-six per cent of the steam men of the Delaware, Lackawanna ft Western district No. 1 re mained at work. Michael McHugh of Scranton, an engi neer at the Sloan colliery, who was on the committee which called on President Mitch ell, corroborated Mr. McAndrew. He said the committee first saw District President Nichols.- Nlcholls said if ths steam men would not strike they would be ostracised and their families annoyed. Samuel T-. Morgan, a miner of Scranton, formerly a member of the union, said he i wss expelled from the union because he did not produce witnesses to sustain charges msde against certain officers. He said he could not afford to bring witnesses to Ilazle- ton, where he had made charges In the con vention. Witness had aald on the floor of the convention that National Board Mem ber Fallon of Wilkesbarre had said it made no difference if he brought witnesses; tho officers would be declared Innocent any way. He said the union was responsible for the marching In 1900. Witness said District President Duffy told him that rslds were to be msde on the collieries at Derringer, Cowen and Fern Glen, In the Hazleton region, during the 1900 strike. The expense of the raids, he said, was S43 for car fare and liquors. Counsel and the commission then got Into an argument over the lights of union and noniinton men. Miners" counsel raid the union men had ths right to refuse to work with nonunion men and also to "refuse to deliver cars to them. "Then an employer has the right to re fuse to employ union labor?? said Chairman Gray. "Certainly," replied Mr .Darrow. SUGAR DUTY IS "REDUCED Aastrla's Imports Go t p and Coon tervalllaar fbaraes Therefore Ge Down. WASHINGTON. Jan. 20. The annual re adjustment of the rate of countervailing duty to be assessed against sugar Imported from Austria-Hungary results In a reduc tion of about SO cents a ton from last year. This Is dus to ths Increase In ths im portation. That country pays a lump sum as a bounty on exported sugsr. and tho larger the amount sent abroad, the smaller the bounty received per unit upon which the countervailing duty is baaed. During the coming year this duty will be about $4.60 a ton. TO CVitK A :t.n I OSR OAT Take LaxatWe Bromo Quinine Tablets. This signature Jt irj s on every box. BALLOTING FOR SENATORS Choice Is Made In Indiana, Mlssonrl, Illinois, Arkansas, Sew York and Connecticut. INDIANAPOLIS, Jan. 20 The house and senste met today in separate session and re-ek-cted fnited States Senator Charles W. Fairbanks. Tho vote will be canvassed tomorrow In Joint session. There was no opposition to Mr. Fair banks. The nominating speech In the senate was made by Senator William A. Kllllngcr of Anderson. In the house Booth Tarklngton, the novelist, made the nom inating speech. The democrats voted for B. F. Shlvely of Pouth Bend. JEFFERSON CITY, Mo., Jan. 20 Former Covernor Willlnm Joel Stone, candidate of the democratic caucus, today received a majority of the votes cast In both houses for the successor of Unlurd States Senator Vcat, whoso term expires March 3, 1903. Hon. Richard C. Kerens was given the solid vote of tho republican. Tho vote: House Stone, 82; Kerens, 59. Senate Stone, 25; Kerens. 7. Tomorrow both houses will meet in Joint session and declare the election of Stone. BrRINGFfELD. 111., Jan. 20.--Congress-man Albert J. Hopkins wss today elected United States senator In both houses against Congressman James P. Williams. Ths vote In the senate was S3 to 15 and in the bouse 88 to 62. LITTLE ROCK, Ark., Jan. 20. Both branches of the .legislature balloted at noon today for United States senator. In the senate Hon. James P. Clark recetved nine teen votes and James K. Jones received fourteen votes. In the house Clark received 68 votes; Jones, 36, and R. L. Hemmel, re publican, 2. Clark tbus bas 77 votes on joint ballot, or nine more ftian necesssry to elect. A joint session will t hold at noon tomorrow and the vote will be formally ratified. - Mr. Clark succeeds Jmes K. oJnes. ALBANY, N. Y, Jan. 20. The two houses of the legislature In separate session elected Thomas Piatt to succeed himself as United States senator Three republican nenators voted for Ellhu Root, secretary of war. The Joint convention will elect Mr. Piatt tomorrow. HARTFORD, Conn., Jan. 20. The general assembly today re-elected Orvllle H. Tlatt to serve as United States senator for a fifth term. DOVER, Del., Jan. 20. The ballot for United States senator In both houses today resulted as follows: Long term Richard R. Kenney, democrat, 21; J. Edward Ad dlcks, union republican, 21; Henry A. Du pont, regular republican, 10. Short Term Willard Balsbury, demo crat, 21; Addlcks, 20; Anthony Hlgglns, regular republican, 10. Necessary to elect, 27. TOPEKA, Kan., Jan. 20. The republican senatorial caucus tonight resulted in the following vote: Long, 86; Stanley, 36; Cur tis, 35. No choice was made and another caucus will be held tomorrow night. BISMARCK, N. D., Jan. 20. The legis lature voted for United States senator In separate session this afternoon. Senator H. C. Hnnsbrough was re-elected, receiv ing thi unanimous vote of the republican members of each house. LANSING, Mich., Jan. 20. Former Secre tary of War R. A. Alger was elected by the state senate and house of representatives to fill out the unexpired term of Senator McMillan. The democrats voted for Lor enzo T. Durand, their defeated candidate for governor at the last election. OLYMPIA, Wash., Jan. 20. The result of the first ballot on United States senator In separate, session . was as follows: Levi Ankeny, 48; Harold Preston, 41; John L. Wilson. 12; George Turner (dem.), 13; scattering, 10. ' ' ' , SALEM, Ore., Jan, 20. Both bouses ot the legislature today balloted in separate seastono on United States senator. Therto was no choice. The vote: Senate C. W. Fulton. 8; T. T. Geer, 8; H. L. PUterek, 3; George, 3; C. E. S. Wood (dem.), 6; ab sent, 1. House Fulton, 19; Geer, IS; Wood, 12; George, 1; Williams, 2; A. L. Mills, 2; McOeorge, 3; Blnger Hermann, 1; O. T. Wolverton, . 1; R. L. Gilllsan, 1; O. W. Btapleton, 1; W, D. Fenton, 1; C. H. Carey, 1; H. H. Hewitt, 1. Gill (rep.), voted for Wood (dem.). SALT LAKE CITY, Utah, Jan. 20. Reed Smoot was this afternoon elected United States senator from Utah, to succeed Sena ton Rawlins. The vote In separate session was as follows: Senate Smoot, 10; Gov ernor Wells, 2; Rawlins, 6. House Smoot, 36; Wells, 4; Rawlins, 4. Mr. Bmoot's elec tion will be ratified tomorrow at a Joint session of the legislature. CONCORD. N. H., Jan. 20. The legisla ture in separate session today elected Jacob H. Galllnger United States senator, to suc ceed himself. ENTER PLEA OF GUILTY Kew York Bankers Admit a Violation of tbe National Bank. Ins; Law. NEW YORK, Jan. 20. William H. Kim ball, former president of the Seventh Na tional bank, and Gamallet W. Ross, ths pay ing teller, who were placed on trial yes terday on charges of violating tbe national banking law by overcertifylng checks of Marquand ft Co., today withdrew their plea ot not guilty and pleaded guilty to the In dictments against them. They were paroled In the custody of their counsel tor sentence on Tuesday ot next week. Gold Medal At Pan-American Exposition. Unlike Any Other I Tbo full flavor, th delirious qual ity, the absolute Purlt, of Low ney's Breakfast Coosa dlstlnf ulsh it from all others No "treatment" with alkslHn; ao adulteration with flour, s tares or ground cocoa shells ; nothing bat tbe nutritive' and digestible prod not of the choicest Cocoa Baan Ask Your Dealer for It. A Well-Known Gentleman Makes a Remarkable State ment, Me Assures Rheumatic Sufferers That One Bottle of Paine's Celery Compound Banished His Pains and Agonies. The startling and happy cures wrought by Tatnc's Celery Compound for rheumatic sufferers have deeply Impressed medical men everywhere, and today the best prac titioners are recognizing the great value of the Compound, and prescribe It with con fidence. Talno's Cedery Compound stands un equaled as a cure tor all the varied forms of rheumatism. At this season Its good work is apparent In thousands of American home. Men and women, lame and crippled, and utterly helpless from the terrible dis ease are being restored to activity, health and strength. Palna's Celery Compound is the only medicine that rescues and saves the despairing victim who is told that he or she Is Incurable. Mr. L. A. Fleshman. Gap Mills, West Vs., writes about his happy experience with Paine'a Cedery Compound; he says: "I had rheumatism in my left arm and shoulder, could not sleep, and bad. no appe tite. I visited my sister who lives In Frankford, and she told me that she had been afflicted Just as I was and Talns's Celery Compound had done ber more good than anything she had tried, and she advised me to use It. I got one bottle snd used It, and the result was I slept well, had a good appetite, and the pains of rheuma tism left me and I have not felt them sine In fact. It has cured me and I feel like a new man." There are many ways that odd pieces of cloth may be worked Into useful and decorative objects for the house. DIAMOND DYES will! color axytiiimj any COLOR. Direction book and 45 dyed samples free. DIAMOND DYES. Hurllngton. Vt. vIwV 55S2S p UJUIJMI' ANEW Fast Local Train -VIA- Illinois Central RAILWAY. V KffectiT January 18th, 1908. Leaves Omaha - 10:45 A. M. leaves Council Bluffs 11:05 A, M. ARRIVES LOGAN .-..11:59 A. M, WOODBINE ...12:18 P. M. DUNLAP ....12:30 P. M. DOW CITY 12:4$ P. M. ARION 12:47 P. M. DENI30N 1:00 P. M. WALL. LAKE 1:40 P. M. ROCKWELL CITY........ t;tt P. M. FT. DODGB 8:20 P. M. WATERLOO ,....6:50 P. M. DUBUQfUE .. ..10:20 P. M. CHICAGO 7:00 A. M. Makes all Intermediate stops between Omaha and. Chicago. -. . ' Tickets, 1402 Farnam Street. r . W. H. BRIlnL; Dlst. Pass. Agt., III. Cent. R.tR. Omaha. 1 1 ' 1 " AMUSEMENTS.-' . BOYD'S jy "t&t MATIHEE tODAYTOKlGHT. WILLIAMS "d WALKER "IN DAHOMEY." Prices Mat.. 25c, 60c. Nlght-25c, toe, 75c, 11.00. O FRIDAY AND SATURDAY, MATIKBB SATURDAY. Seats on Sale. AnnaUd "Tho Little Duehoss" Prices Mat., 25c, 60c, 75c, $1.00, 11.60. Night 2ie, 75c, 11.00, H W. $2.00. Positively no free list. A eitaiai INT Telephone 1E31. Matinees, Thursday, Saturday, Sunday, 2:15; Every Night, s:ls. HIGH CLASS VAUDEVILLE Hallen and Fuller. Freres Le kucea, 1 jeut. Csrl Nobel, Des trice Moreland, Warren and Hlanchard, Orth and Fern, and the Klno drome. trices 10c, 2&c, 60c. ' HOTELS. VL. 1111 I innittk ana Daaalaa III IflH MILLAnU OMAHA. atCH. 1110 Uill.LAIIU0rriahas leading Hotel j irtot'l . L KKtTl HK. I LUNCHKON, FIFTT CENTS. 12 :30 to 2 p. m. I SUNDAT, &.30 p. m. DINNER. 713 ' .- F toadlly Increasing business has neeeasl tatl au cDlars.in.ut of this eaia, doubting lis turui.r vaiiacll.
