The Omaha Daily Bee. ESTABLISHED JUNE 19, 1871. OMAHA, THURSDAY MORNING, FEBRUARY 12, 1903-TEN PAGES. SINGLE COPY THREE CENTS. 1 V CASH IS DEMANDED Gormany TelU Bowen $340,000 Mirt Be Paid Before Arbitration. BERLIN SETS ASIDE SIGNED AGREEMENT Bafntei to Beoogniie Count Ton Quadt'i Aotioni in Venenelan Matter. CASTRO'S ENVOY MAKES SHARP REJOINDER Promiiei to Pay in lull if Con fee ti on of Bad raitk it Made. OTHER POWERS CAST KAISER OVERBOARD Eitni. Regret at Actio Taken and AtTree to fttupd hp All Arrange ments Made an Their Behalf Darin negotiations. WASHINGTON, Feb. 1L Germany has Ignored its previous engagement, made with Mr. Bowen by Count A. von Quad-Wykradt- Iny and Insisted on a cash payment of $S40,000, or a lien on the customs receipts of one of the Veneiuelan ports until this la paid. This Information was conveyed to Mr. Bowen tonight by Baron Ton "tv- berg, Mr. Bowen Immediately refused to j. '' ' the receipts of any port prior to The Hague decision, but left the matter of a cash pay ment to the German minister to determine, j "If Germany ran afford to confess that It does not stand by agreements signed by Its duly accredited diplomats," replied Mr. Bowen, "I am willing to guarantee pay ment on the day the protocol Is signed of the total amount asked In the original ultimatum." That reeponse bas been cabled to the German Foreign office. Other Allies Desert Germany. . Great Britain and Italy have renounced any responsibility for the action of Ger many and have Informed Mr. Bowen that they will stand by all agreements made with him and will not be Influenced by the actio of Germany. With tbe exception of the demand for an Increased cash payment the German proto col, in all essential respects, conforms to that of Oreat Britain, but Is more concise. All three protocols provide for the Imme diate return of all vessels seized by fhe blockading ships. 0 It Is stated that the action Of Germany In asking for $340,000 Instead of contenting Itself with 6.600, Is due to a misunder standing of oertaln atepa In the negotiation which had been passed on by Count Ton Quadt before the arrival of Baron too Sternberg. In the original ultimatum addressed to Venezuela by the three governments 15,800 bolivars was demanded by Great , Britain and Germany and 2,500,000 bolivars by Italy. A paper was signed at the British em bassy by the three representatives of the allies, tha British and Italia axobaasaaor and the German charge. Count Quadt, and by Mr. Bowen, by which the allied powers agreed to accept a caeh payment, or an adequate guaranty for the eventual satis faction of their claims, as a condition precedent to the raising of the blockade. Mr. Bowen offered 30 per rent of the customs receipts of Puerto Cabello and La Ouayra as a guaranty for the payment "of all claims." Later he consented to give tbe British government 5,500 cash In view of their contention that they de sired Immediate satisfaction for outrages committed on British subjects. No objec tion was made at the time by the Italian ambassador or the German charge. The three powers accepted the guaranty of fered as entirely satisfactory. It Is expected an answer will arrive here tomorrow regarding the final representa tions made, and that the protocols will then be signed. Orders will then be dispatched to the blockading ships to withdraw from Ven ezuelan waters. Mr. Bowen tonight gave out a statement with reference to published statements that Venezuela or people In that countky were paying blm for his service here. , , He said: "I absolutely refused to take any fee for my services as representative of Venesc ela; but 1 agreed, aa 1 cabled to the De partment of State from Venezuela and an nounced on the first day of my arrival here, to accept 16. WO to defray my expenses. In the same way. If by chance 1 go to Th Hague I shall accept a reasonable amount for my expenses there. I see no reason why my expenses should not be paid, and I have a good reason for not paying them myself, I cannot afford to do so." Powers Wll Sua Together. LONDON, Feb. 11. Mr. Bowen's formal acceptance of the British protocol Is not believed here to be likely to hasten to any great extent the conclusion of the Venezue lan negotiations. The allies' ambaasadors have been strictly enjoined not to aign any of the protocols until all three powers are satisfied with the terms, when the slgnstures will be simultaneous. When the question of separate treatment f the allies Is brought before The Hague court of arbitration, the triple alliance will appear as one power, their Interests being regarded as Identical. Then arose the question as to the Inter pretation of the term "all claims." Mr. Bowen declared It meant the claims of all nations sgalnst Venezuela, and the allies that It referred exclusively to their claims. It vis then derided that the question of preferential treatment be referred to tbe Hague. Bawea Offers Ion. rash. Mr. Bowsn Informed the Itrllsn and Gor man representatives that he would make them the same cash payments offered Great Britain, aud an agreement was signed by all concerned accepting a sufficient guar nty in lieu of the cash payment demanded. Last Friday a cable arrived from the Berlin foreign office asking about the pay ment of the $340,000. Mr. Bowen produced the signed agreement renouncing thlr de mand. The matter since then has been a subject of correspondence beteween tho Sermao foreign office and the German min ister, the latter urging Germany not to press the matter. Tonight the foreign office refused to re linquish immediate possession of the $340. 00 mentioned, though pressed to do so by both Baron von Sternberg; and Count von Quadt, who feel greatly embarrassed be :aus of the previous understanding aod ihe orders which they must execute. Experts Are Testing- Colas. PHILADELPHIA, Feb. U.-The sassy :ommlsloii appointed by President Rouse felt to lest coins in the I'nlted States mint egan today to examine specimens of the annua cuius manufactured. Ths coinage it Ihe mint was comparatively small this ear and the commlion will probably be through aliii lis work by tomvrrew ulgUC PRINCE GIVEN A DIVORCE Closing; Chapter In the Elopement of Crown Princess Loalse with Usgsace Teacher. DRESDEN, Feb. 11. Crown Prints uf Saxony was today granted a divorce from the former Crown Prlnceaa Louise after several doctors had furnished expert testi mony In the rase. Tbe decree reads: "The ties of tbe mar riage of the parties are dissolved on ac count of the adultery of the respondent with M. Olron, a teacher of languages. Tbe blame attaches to tbe respondent, who Is ordered to pay the costs of the proceed ings." Although the special court declined to take Into account the contention that the princess was deranged, this theory will be put forward In public by the Saxon court. The legend will be nourished Indeed un til, so far as Saxony Is concerned, It will become historic truth. VIENNA, Feb. 11. Aa Interview with Dr. Zehme, the lawysr of the former Crown Princess Louise of Saxony, Is published here today. After denying that M. Giron had been paid to break off his relations with the princess, Dr. Zehme said Giron was mainly actuated by personal vanity. The princess, be said, was quite free at the sanitarium at Nyone, Switzerland, and was allowed to go on excursions to various places In the neighborhood. According to the Zelt, the princess would have left Olron when her brother. Arch duke Joseph, went to Geneva In an en "vyor to persuade her to return, but for '.''"'I... , that the French teacher threatened -s O .'"volver. FLOGGIiw,., AUSES DISGUST 'V. Government May Institute Investlasa. tlon of Gaards Regl. meats. (Copyright. 1903, by Press Publishing Co.) LONDON, Feb. 11. (New York World Ca blegramSpecial Telegram.) The dlsclos ure of flogging practices among Grenadier Guards' officers baa evoked wldearpead amazement and disgust, and It Is believed that the government, to allay public Indig nation, will volunteer an Inquiry Into the subject when Parliament meets. That Grenadier officers have been flogged with every circumstance the most galling to personal humiliation is not denied, bu Admiral Cochrane's statement that the punishment continued until the blood flowed la declared to be exaggerated. The system Is actually justified by some tory papers and the Globe warns the gov ernnient against Interfering with a practice hallowed by tradition. The Guards' offi cers don't live In barracks like other regi ments, and It Is urged that some special means Is neceassry to maintain discipline among them. Extraordinary stories are now circulated as to Indignities inflicted upon subalterns condemned by these Illegal regimental tribunals. BULGARIA CALLS OUT TROOPS Tarklsh Soldiers Massed on Frontier Canaea Little Nation to Torn. ' SOFIA, Bulgaria, Feb. 11. The govern ment Is contemplating calling out two army divisions, Sofia and Phlllppolls, to furnish one each. The concentration of Turkish troops on the Bulgarian frontier Is given as tbe reason. LONDON, Feb. 12. According to a dls patch to tB,e Standard this morning, the sultan is resolved to fight rather than ac cept reforms calculated to diminish bii authority In Macedonia. The Macedonians, however, will not wait and Turkey will almost inevitably be drawn Into war with Bulgaria. VIENNA. Feb. 11. Dispatches from Sofia say martial law will be declared in several locations. There are rumors of conflicts between the Turks and the revolutionists, the Turks losing many men. The revolutionists-are reported to be gaining a number of recruits. OFFERS TO GIVE MONEY BACK Steamship Company Attempts to Effect Settlement with Shipwrecked Ksearalonlats, HAMILTON. Bermuda, Feb. 11. Captain Frazer, the second officer and the pilot of the wrecked steamer Madlena, remained by the ship all last night in a wbaleboat. The vessel was pounding heavily when the tugs left here yesterday and tt Is feared Its bot tom Is destroyed. Tbe agents do not an ticipate saving much of the cargo. The Quebeo Steamship company hag of fered the passengers tickets to New York and to refund the money they paid for the West Indian trip, on condition the passen gers sign an agreement not to make claims for damage. The captain and the second officer of Msdisna were on the bridge of the steamer and the third officer was at ths masthead looking for the channel light when the ves sel struck. SUFFER FOR WANT OF SLAVES Germnn Colonists Try Compulsory Labor Ordinance When Times . Aro Hard. BERLIN, Feb. 11. Major Count von Goet sen, governor of German East Africa, speaking today at a banquet to Che colonial secretary, described tbe depression in the colony as being due to the abolition of slavery and to the diversion of the Ivory trade through the Congo State and Uganda. .The governor added that he had passed a forced labor ordinance requiring the na tives to give twelve days' labor a year. One-third of ths proceed! went to ths chief. another third to the pariah and the re malning third to the government. I I Appeal to Orajaalsrd Labor. TORONTO. Ont.. Feb. 11 The National Trades and Labor congress of Canada has Issued an appeal to organixed labor to join with It in advancing ths Interests of Can adlan labor. The aongreas Is a new body arising from the action of tha Qomlnion Trades congress In favoring International as against national unions. "Ths great objection to international organisation in Canada," tho appeal says, "Is that strikes are fomented and carried on in the United 8tatea to ths disadvsntsgs of Canadian enterprise." To Be Snereeded by Yorkes. LONDON, Feb. 11. At a meeting of the shareholders of ths London United Tram ways company todsy the chairman. Mr. Whits, announced his' approaching resigna tion and said he would be succeeded b) Chaxlat I. Yeraea, FEARS COLOMBIAN WAR Senator Moreran Tb nki Canal Treaty Will Precipitate Religions Strife. COMMERCE BILL FINALLY DISPOSED OF Conference Report Is Adopted anal Measure Will Sow Go to Presi dent for His Slarnntare and Approval. WASHINGTON, Feb. 11. Mr. Hanna (O.) today called up the conference report on the department of commerce bill, which eras agreed to without debate. Mr. Morgan (Ala.) almost Immediately after the opening of the session resumed his remarks on the ststehood bill, but branched off to discuss the proposed treaty with Colombia. He referred to the con cordat of Pope Leo IX, which constituted a part of the organic law of Colombia, and sstd tha. the United Statea intended to put the heel of Ignemlnloua contempt upon It. He predicted a return of hostilities between the old church party In Colombia and the liberal party. Mr. Depew (N. T.) spoke In opposition to the statehood bill, but Cld not conclude. Gives Alaska Homestead Law. A house bill wss passed extending the homestead laws to Alaska. The statehood bill was then taken up and Mr. Morgan resumed his remarks in its favor. Taking up Mormon Influence In politics. he referred to the election of Mr. Smoot as senator from Utah, and said he would never think of opposing his entry to the senate because he was an apostle of the Mormon church, because religion was in tended to be free and Intended to be pro tectee. Reverting to the treaty with Colombia, he said the United States Intended to put the stamp of Ignominious contempt on the organic law of Colombia with respect to religious freedom and trample It under foot. "We are treating with those people," he Id, "with the intent and purpose of de stroying that law or else under such cir cumstances as to disgrace the United States." He asked who was to reconcile the two propositions when the Colombians con tended for their organic religious law and the United States tor its own constitution, and who would prevent a return to hostili ties, now apparently closed, between the all-church party, who maintained thoae dogmas, and the liberal party, who had been fighting them in every couutry. Depew Opposes Statehood. ' Mr. Depew followed In opposition to tlie omnibus statehood bill. After speaking a short time Mr. Depew yielded to Mr. Hanna, who called up the conference report on the department of commerce Introduced yesterday, and It was agreed to. This passed the bill, which now goes to the president. Mr. Depew, continuing, said the head of the Mormon church was in a position to say to the leaders of both political par ties: .!What will you do to protest Mormon Ism?" If there was any fallibility In the world. he said. It was the judgment at election time of the political leader of any party. "If that is true," Interrupted Mr. Pat terson (Colo.), "why did the republican party two years ago make a greater bid for the Mormon vote than the democrats did?" Mr. Depew explained that both parties made every possible bid, but the democrats trusted the republicans. He charged the anti-polygamy section of the statehood bill as a shsm and said there had been no proposition from the democratio side to strengthen It. Mr. Teller (Colo.) said that if a day were set for a vote the democrats would Join in strengthening the provision re ferred to. Mr. Depew had not .concluded when, at 4:10, the senate went Into executive ses sion, and at 4:55 adjourned. HOUSE VOTES BUILDING CASH Anthorlsea Extension of Capitol and Erection of Office Strnetnro 'for Members. WASHINGTON, Feb. 11. The bouse made fair progress today with the sundry civil appropriation bill, covering eighty-six of Its 150 pages. The amendments of which Mr. Cannon (Continued on 8eoond Page.) TAXATION OF Opinion of Nebraska What we have heretofore aald with re spect to the assessment of railroad and telegraph property, and tbe necessity for uniformity In valuation with property gen erally throughout the state, applies more psrttcularly to assessments provided for by the general revenue laws It Is contended by the relator that the State Board of Equalization altogether failed to take Into consideration, in placing the valuation on property by it assessed, the fsct that under certain assessment laws with respect to municipal taxes In cities of the metropoli tan class and those of the first class having a population of over 40,000 a much higher standard of valuation of property for as sessment purposes prevails then the aver age standard obtaining generally In assess ments under the provisions of the general revenue laws, it is tn evidence tbat in the city of Omaha, a city of the mefVopoll- tan class, ths standard of value In the valuation and assessment of property for municipal purposes is 40 per cent of its market value; that In the cities of Lincoln snd South Omahs. which hsve a population bringing them within the other class men tioned, property Is assessed .for taxation for municipal purposes st its actual cash value. Tbe lsws authorizing the assessment of property in munlclpslitles of the classes mentioned for municipal purposes provide that the properties of the railroad and other corporations required to be assessed by the Bute Board of Equalisation shall be returned for assessment for municipal pur poses In tbe municipalities referred to and to the municipal authorities, and taxes levied thereon at the same valuation as fixed by tbe State Board of Equalisation. In respect of all other property subject to taxation Values are fixed by the taxing au thorities of tbe respective municipalities at an assessed valuation, as hereinbefore ststed. t is obvious from wbst haa Just been aald that the rule of uniformity is broken regarding the properties of the dif ferent corporations required to be assessed by the 8tate Board of Equalisation when the sama jwoperti at tha aaua value la assessed TWO NEBRASKA APPOINTMENTS Reg-later and Reeelver of Sidney Land Ofllre Xamed hy tha President. (From a Btsff Correspondent.) WASHINGTON. Feb. ' It. (Special Tele grsm.) The president today nominated Harry E. Wads worth of lender, Wyo., to be Indian sgeat at the Shoshone agency, vice Captain H. G. Nlckeraon. who Is ap pointed allotting agent to allot lands In severalty to Shoshones and Arapahoes. The president also Dominated James L. Mcintosh to be register of the land office at Sidney, Neb., and Rjhley D. Harris re ceiver at the same ptaee. The house committee on public lamia to day decided to report favorably the t.'ll providing for the sale of Isolated tract 1 of the public domain. Fenator Gamble se cured the passage of this bill In the eona'e last week and It Is probable it will gat through the house also. ' . . Representative Hepburn tcday Introduced a bill providing that the pension o.' Jona than R. Cox be Increased to $30 per month. The poatofflce at Argo, Brookings county, S. D., has been discontinued, mall to To ronto. Harold M. Blram has been appointed a rural letter carrier at Oedar, la. Durwald Wisdom of Omaha, Neb., has beeen appointed a stenogrspber snd type writer In the land office, Helena, Mont. The gross receipts of the Omaha post offlce for January were $43,H72. against $40, 259 for tbe same period last year, an In crease of $3,713. At Des Moines the receipts were $48,472 snd $37,639 respectively, an increase of $8,833. These rural free delivery routes will be established March 2: Iowa, Klron, Craw- I ford four county, two routes; area covered, fifty- J ,. .... - ... - ... square miles; populstlon, 1.152. 8outh Dakota, Big Stone, Grant county, one route; area, forty-one square miles; population, 600. . : SNOW STAYS UTAH TRAINS I'nlon Faclac Easlbonnd Cars Five and Sla Honrs Behind. , Are SALT. LAKE CITT. Utah, Feb. 11. Over eight inches of snow tell in Salt Lake City today and the storm la still raging with un abated fury. This is the ne.ivieat snowfall here In fourteen esrs. Street car traffic wss almost at a standstill. The storm extended over southern Idaho, western Wyoming and northern Utah, and trains on all roads are more or less de layed by. the snow, 'vhlch Is reported drift ing badly In some plscea. OGDEN, Utah, Feb. 11. About four Inches of snow has fallen since I a. in. and it Is still snowing. Union PsclDc trains going east are flva to six hours late. EVANSVILLE, Ind.. Feb. 11. The Ohio river Is stationary tonight at 29.8 feet. It will probably begin to fall by Thuraday morning. The Wabash and White rivers are falling slowly. HAZELTON, Ind.. Feb. 11. White river baa been higher tban for years and much corn baa been lost. The 'oss to farmers along tha Ohla river baa Ucn great. .----'- RAILWAYS VAINLY SEEK PEACE Rate Situation Between Chicago and Twin Cities Is Still Chnotle. CHICAGO, Feb. 11. The Record-Herald tomorrow will say: The rate situation In passenger business between Chicago and the Twin Cities r In a worse condition than It has bean for years. The meetings which the lines have I oen holding every two weeks have utterly ft lied to secure harmony. It Is thought the pres idents may take hold and try to smooth matters out. BAUM QUITS KANSAS CITY Omaha Parties Dispose of latereat In Iron Firm at that Point. KANSAS CITY, Feb. 11. (Special Tele gram.) Alexander Massey and - the Baum Iron works of Omaha have sold the Massey Iron works, located at St. Louis avenue and Santa Fe streets to C. E. Fsetb of Sioux City, la., and the Nichols, Dean Gregg Iron company of St. Paul. The capital stock of the company will be Increased from 1100.000 to $200,000 and the plant will be extensively enlarged. RAILROADS FOR Supreme Court in State vs. Savage by the different municipal taxing author!- ties for municipal purposes. When all other property is assessed at 10 per cent of Its fair cash value In one of the municipalities mentioned, and at Its full falr cssh value In the other two, and the railroad and other corporate property assessed by the State Board of Equalization Is vslued at one- sixth to one-tenth its full cash value, an Inequality In taxation la shown to exist, which Is repnicnnnt to the moat rndlmentary principles of Justice. Such Inequalities are not to be wholly un expected when laws more or less local and special In their application are enacted by the legislature to conform to tbe wishes of each municipality whose needs are sup posed to require a law peculiar to itaelf. If there are many taxing Jurisdictions operating under different laws. It is quite probable that the standard of valuation will greatly vary In different localities. It Is at once apparent that tbe State Board of Equalization cannot in one assessment conform to all these several standards. If varying; and If an attempt should be made to compromise by tbe ascertainment of an average standard, the rule of uniformity would be broken as to all, and would con. form to none. The legislation with refer, ence to tbe assessment of railroad and tele graph property by tbe State Board of Equal isation was evidently enacted with the view of having all such proeprty assessed by one assessing body at s uniform value for all property on a mileage basis, and In harmony with values as fixed for assess, ment purposes on other kinds of property on which taxea are levied for general reve nue purposes, and such valuation appor tioned throughout the stste where the lines of such corporation extend. If certain mu nicipality, under laws applying only to tbem, assess property at a much higher rstlo than that as made for all other pur poses, it will readily be seen tbat the board cannot, under tbe law as It Is at present constituted, conform to such valu ation without violating tha rule of uni formity a to all other proper! assailed MORE POWER THAN RINGS American President Haa Greater Authority Than Soeptered Monarch. SHAW OUTLINES EXECUTIVE'S WORK Wauree War, Ilamh'.es Xatlons, Ac aulres Territory, Sets Is Statea, Brlnas Peace to Troahled Peoples of the East. NEW YORK, Feb. 11. Secretsry Shaw was the chief speaker at tonight's annual dinner of the Silk Association of America. Mr. Shaw, who responded to the toast, "The President," said In part: The president, while properly a most potent Influence In the realm of legislation, Is the executive. No sovereign hn greater '.authority and few an extensive powers. Think what the president has done in the last six years. I speak of the office, and not of the Incumbent. The president called an army Into existence, collected a navy, then as commander-ln-hlef of both, suc cessfully prosecuted a war. Then, throtish his secretary of war, he took possession of Cuba, pacified Its people, stood guard while a government suthorlsed hy rongtess was created, a constitution adopted, an Insular congress elected. Then, through his secre tary of war, he aitid: '.'Are you ready''' and when the answer came, "Aye, aye, sir." he replied: "Hoist away," and a new fla. fresh from ths womb of liberty, sprung forth. The president, through his secretary of war, took control of the Philippine archi pelago, and with such consumate wisdom and patience have the afTHlrs of thou! Islands hern administered that the people i both weep and petition at the report that the present representative of the president is likely to return to the states. Da von rhnrie me with h ivlns said noth ing of the present Incumbent of that office, which w-e Americans believe to be the highest ever filled by m""7 Then l a all that I have raid tallies with tn rep,lons the aspirations and the e nswer. con- earnest endeavor of him who Is giving eignieen hours per day as the chief servant of BtMWO.OOO people. , I have only sought to exalt our Ideals but I add that the requirement of the times are being as fearlessly, aa ccnsrlentlously met by Theodore Roosevelt as have similar requirements of othertlmes by any of that ralH.xv of great men who have preceded him and by the aid of whose wisdom and devotion we have grown to what we are. FIGHT M0VEST0 T0PEKA Trainmen's Wage Demand Will Be I'osght Ont with Santa Fc Railroad. TOPEKA, Kan., Feb. 11. P. H. Morris sey, grand master of tbe trainmen, and A. B. Garrettson, assistant grand chief of the conductors, are coming to Topeka to work with the conductors and trainmen's committees now In the city. Mr. Morrlssey and Mr. Garrettson have been in St. Louis conducting tbe fight for higher wiges ever since the presentation of the demands. Fifty-two committeemen from tbe coast and the gulf lines of the Santa Fe lines are In the city. General Managers Nick erson of the Banta Fe aV Gulf, Wells of the Santa Fe Coast lines and Mudge I the 8anta Fe system and Third Vice Pres ident Kendrlck will be here for tbe con ference tomorrow. Th. wivga.-aqestlon will Include a con sideration of the conditions of the entire system. Whatever action the Santa Fe takes will. it Is said, be the model on which the roads which are yet holding out will act. ARSENAL DESTROYED BY FIRE Flames Barn Sl.ROO.lXK) Worth of Mil itary Eqnlpm'ent at Rock Island. ROCK ISLAND. 111., Feb. 11. 8hop "A." the principal Issue storehouse at the Rock Island arsenal, was destroyed tonight by fire. Cavalry and Infantry equipments of every description, and a million rounds of Krsg Jorgenson smokeless ammunjtlon, were con sumed. The contents was wortn it.Dixi.ouu. TRAIN WRECK KILLS BRAKEMAN Qalncy, Omaha and Kanaaa Paaseaarer Derailed Hear Plattsbarsr. City PLATTSBURG,. Mo., Feb. 11. A passen ger train on the Qulnc7, Omaha sV Kansas City road wss derailed near here today, causing tbe death of Brakeman Fred Eaton Of Milan, Mo. Engineer Sklmerhorn was badly scalded and Baggageman Henry Dean's arms were broken, no passengers vera hurt. CITY PURPOSES et aL 9 J N. W., 737. for general revenue purposes. If these higher valuations obtaining In the munlcl palitles mentioned were taken Into account In the assessment of railroad properties by tbe State Board of Equalisation, and a higher valuation placed on such property It would be distributed over every mile of road within the state, and but little would therefore, be added to the valuation of the property situated In such municipalities, and subject to municipal taxes. We know of no rule by which the State Board of Equalization, under the present law, can value railroad and telegraph properties in municipalities having taxing laws of their own at a uniform valuation with other property therein, when the standard of valuation is different from that prevailing under the general revenue laws. Section ( or article Ix of the constitution declares that "all municipal corporations may be vested with authority to assess and collect taxes, but such taxes shall be uniform with respect to persona and property within the Jurisdiction of the body impos tng tbe same." The observance of this rule of uniformity In tho assessment of property for municipal purposes ta as obllajatary on tho Iner-maklasj hody and the taslnsj authorities are the provisions of section 1 of the same article, which we have heretofore discussed. Whether the provisions of Isw requiring thst the assessment as made by the State Board of Equalization shall be taken and accepted as tbe correct assessed valuation for taxea for municipal purposes, when' a different stsndard of valuation pre vails as to all other property, is In contra vention with the section of the constitution quoted, we should not tn this action, and do not, decide. It Is sufficient to ssy that for tha purpose of this esse, and In de termining the issues before us, ws csn con sider only the assessment of all other property throughout the stats for general revenue purposes In determining whether the fundamental law requiring uniformity tn tba valuation of property la vlolaud. CONDITION OF THE WEATHER Forecast for Nebraska-Fair and Colder Thursrlay Except Know in Southwest Portion; Friday Fair. Temperatare at Omaha Yeaterdayi Hoar. Ues, Hoar. Ilea. R a. m ...... at 1 p. sn HM a. m SO a p. m U T a. m .tit " II p. m an n a. m r.t 4 p. m ...... 3 1 B a. m .12 It p. m HU lO a. m a.t II p. m 3i It a. m a.1 T p. m 32 12 nt. ........ 311 n p. m...... at 9 p. m 0 BISHOP 0'GORMAN IN . OMAHA Dlstlng-aUhed Prelate Who Will l.ee tnre Friday Klaht on Father Merqaette. Rt. Rev. Thomas O'Gorman, bishop of Sioux Falls, who U to iut ture on the sub ject of "The Life of Father Marquette" at the Boyd theater on Friday evening under the auspices of the Omaha lodge. Knights of Columbus, arrived In the city last night at 9:10 o'clork and went Immediately to the residence of Bishop Scannell, whose guest he will be while. In the city. Bishop O'Gorman was at Rome when the Taft commission was discussing the Phil ippine friar land question at the Vatican, and took part In those discussions, which were later transferred to Manila. "The questions be(ween the church and the commission will be settled without trouble," said he. "I see by tho press dispatches that there has been developed a new feature by reason of the attempted transfer of certain lands by tho friars to corporations, and I understand that some of the members of these corporations are to receive large fees if the friars succeed in holding the land. I do not believe that the pope will recognise, these transfers, as bey seem to be an attempt to evade the operation of any agreement which may be reached by the commission and the church. They are apparently not bona fide and I do not believe they will stand. I bear from the commission and from the authorities of the church having the matter in charge and believe that progress s being made In the direction of a pleas ant solution of the questions of the friar ands and the religious and charitable trusts which were created during the sovereignty of Spain in the Islands." This evening at the Her Grand Bishop O Gorman will the guest of honor at a banquet to be given by the Knights of Columbus. E. W. Slmeral will be the toast master and after an address of welcome by Bishop Scannell, Bishop O'Gorman will re spond. The toasts following the response by the bishop are: "The Catholic Lay man," John Rush; "Catholic Knighthood," Rev. P. A. McGovern; "The Catholic CItl sen," T. J. Mahoney. Preceding the ban quet there will be a reception which vtlll begin at 7:30, and tbe meal will be served at 8 o'clock. Admission to the theater Friday will be by invitation, and the committee of the Knights of Columbus having the matter in charge reports that all available seats have been filled and that the requests for in vitatlons exceed the capacity of the build lag. . - MAILLY READYF0R ' HIS WORK National Secretary of Socialist Party Opens His Headquarters la Omaha. William Mallly, secretary of the social ist party, who was elected to succeed Louis Greenbaum at the laat meeting of the national committee of the party, ar rived In Omaha yesterday and in a day or two will be established at the new national headquarters of the party In the Arlington block. The records from the old office In St. Louis will have arrived by tbe time the office has been furnished. Mr. Mallly comes from Massachusetts, In which state he has conducted a news paper for some time. Previous to that he worked as a miner. He says that during the coming year the socialists will make especial efforts to spread their doctrines In the Urge cities of tbe country, and that Omaha will hear several of the most promi nent of their speakers. The iorV at national headquarters will be under the direction ' of a committee called by the order the "local quorum," which for a year will consist of J. P. Roe of Omaha, Samuel Lovett of Aberdeen, S. D.; Ernest Untermsn of Glrard, Kan.; George H. Turner of Kansas City, Mo., and John M. Work of Des Moines. BORING FOR 0ILNEAR OMAHA Work of Patting: Down Well In the Valley af tho Mttle Papplo Benina. The Omaha Petroleum, Gas and Coal com pany's machinery on the H. G. Glissman farm nine miles southwest of Omaha, was started with much fomallty yesterday and the Initial oil hole put down thirty-five feet. In addition to members of the company, there were present County Commissioners Hofeldt, Harte and Connolly, County Clerk John C. Drexel, George H. Lee, H. K. Bur kett. Thomas J. O'Brien and F. II. Dun'on of Omaha; John Beno, W. J. McCune, A. C. Kellar, W. S. Cook of Council Bluffs; N. West and W, B. Ollson of Denver and about 125 furmers who have become Interested In tbe prospect for Douglas county developing Into an oil field. Mr. Glissman acted rs host and lunch wss served the visitors. FUNDS FOR THE AUDITORIUM Committee Is Quietly at Work Hopes to Announce gome and Progress goon. The executive committee of the Audi torium company met last night snd dis cussed matters In relation to the construc tion of the building. While nothlug was made public as to the progress of the work, a member said: "We are not apparently making much progress, but there Is a lot of quiet work going on, and you need not be surprised If t-'5,000 to $40,000 in sub scriptions are reported almost any day. The commlttte may be quiet, but It Is not Idle." Movements of Ocean Vessels Feb, 11. At New York Arrived: Ryndam, from Rotterdam and Boulogne Bur Mer; Trve, from Genoa. Naplts, etc.: Canadian, from IJverpool. Hulled: Oceanic, for Liverpool; Taurlc, for IJverpool. At IJverpool Arrived: Westernland from Philadelphia. Sailed: t'edrlc, for New York via (jueenstown ; iinhenuan for New York. At Ant werp Sailed: Switzerland. for Philadelphia. At Southampton Hailed: Kron Prtnx V!'. helm from Bremen, for New York vlt Cherbourg. At Hong Kong Arrived : America M.iru. from Ban Vranclsco via Honolulu and Yoko hama. At Cherbourg Arrived: Patricia, from New York vis Plymouth, for llawburg, aud proceeded COME OUT OF COVER Lancaster Delegation Finally Showi Its Hand on Railroad Taxation. ALL BUT ONE STAND WITH THE RAILROADS Commercial Club Member of that Oity Not Slow to Express Themwlveg. HAD EXPECTED BETTER THINGS OF THEM Platte County Member EzprtMiea His Opinion on Berenns Bill FIGHT ON THE MERCHANDISE SALE BILL Members of the Senate of Oplalasl the Measure ts Loaded and Rsm quest the Commltte ta Amend It. (From a Btaff Correspondent.) LINCOLN. Feb. 11. (Special Telegram.) With all but one member of tha Lan caster delegation arrayed agstnst the propo sition of equitable taxation of railroad terminals, the burden of responsibility tor the passage of house roll 171 falls on the Douglna county delegation. Senator O'Neill Is tho only Iancaster county man who did not align himself on the side of tha rail roads In this matter. Tbe rest of tha dele gation, Ignoring the urgent appeala and de mands of their common constituents, placed '.hemselvci on record as against dlrsct tax atlon of railroad terminals on a fair cash basis, as contemplated In house roll 171, and confirmed the popular belief that they would, when tho test came, come out In the open and show their railroad colors. They did this In spite of the pretentions for mally made to the Lincoln commercial In terests that thoy were favorable to house roll 171. Senator O'Neill said this morning: "I was for this method of terminal taxation at the outset; I am for it now. I did not repudiate my convictions last night. I In tend to be for House Roll 171 to the last." Ten Eyck of Douglas, who introduced the bill, expressed a regret at the Lancaster men's action, saying: "We needed and relied on their help and votes." The Douglas dolegstes this morning chafed under the insinuation that their espousal of this measure is so luks warm as to be ineffective. They assumed a de gree of Indignation when a Lancaster man said If they really were sincere they would go after the bill and snatch it out of the bands of the house revenue committee. Commercial Club Disgusted. The Commercial club of Lincoln Is dis gusted at the position of the Lancaster delegation on the question of taxing rail road terminals for city pur pones and mem bers of the body aro making no bones of expressing opinions. "We have Just laid down," said one member, "and the reason is that tbe Lancaster delegation refuses to help us. All we hsve got out of them," he ' said, "was jjromltiPto as'Bt In wiping out the ward lines In the city of Lincoln and nominate and elect counrtlmen at large. They turned us down cold on the tax ques tion and the reason they did it is because it is a railroad delegation, elected for the benefit of the railroads, and there was no further use of us wasting any more time trying to convince them that railroads should pay their share of the city tjxos. We have shown them that while .the taxes of Individuals have been Increased, that of the railroads remain the same. But it does no good. They don't want to see It." A Douglas county member tonight let the cat out of the bag In spenklng cf H. R. 171. "That boosting committee from Omaha need not waxta Its time coming down here," he said. "This bill is a dead one. Nothing can revive or resuscitate It." With this sort of gloom and despair per vading the ranks of the Douglas delegation, certainly It means a stupendous fight to put this Important measure on its feet In either bouse. Naturally Omaha's men are looked to champion Omaha's interests, but If they acknowledge defeat without putting on their armor the fate of those Interests, forsooth, is doomed. Kansas Bill Rejected. The status of impending revenue legisla tion has changed but little today. Tha committee haa been hard at work and con sequently has made some progress toward completing the measure. A conservative member said tonight he really believed the bill could be Introduced Monday, n the subcommittee ought to flush compiling It by Thursday night. After all the hubbub over adopting tha Kansas bill as a basis for constructing the Nebraska law It became known tonight that this has not been done. The efforts of John N. Baldwin te force this bill on tha committee and the inarch stolen by a mi nority of the committee to this end, there fore, have come to naught, except that tha Kansas bill la being used for padding pur poses that Is, to fill In gaps but the Ne brsKka law forms the real basis. Tbe committee slmly had to reject the Kansas law as a foundation because It la verbose end unwieldy. In compiling the new bill the work of the vsrlous subcom mittees is being adopted In the main, with, of course, such minor changes as a combi nation of all tha parts may suggest or ren der necessary. Omaha Charter Bill. Tbe Omaha charter hill, which mail is a number of important changes In tho man agement of city affairs, doubt!s will be Introduced in the bouse tomorrow. The house militia committee tonight de- cided to recommend H. R. !r, by Ten Eyck, providing for conformance of the Nebraska militia law with tbat of the United States, approved January 21. The bill places tha adjutant gentral on the aame grade as a captain In the regular army. Increasing his salary from $1,200 to 1.800 a year; makes one assistant a major at a salary of $1,200 Instead of $800, and the other a cap tain at $1,000 instead of $oc a year. The bill In the house which provided for an Increase of $) for notarial commissions, which was amended to not Increase the fee. will likely have rough sailing In the senate. From the office of the secretary of state comes the argument that the fee should be changed to $2 and that this would put between $700 and $soo In the atato treasury every year and not work a hardship on any one. "A person who is wlll.r.g to pay $1 for a commission," said an attache of the secretary's office, "would readily pay $2 aud not be overcharged, either. No person Is allowed to do business as cheaply as he who la allowed to become a notary. Just think of it, he gets a commission authoris ing him to do business for alx year and only pays $1 for It." One senator at least has taken up the matter and will make a fight for the original bill. Way TnlLa u Revenue. During tba discussion of tha bill provld log for tha calling ot a constitutional ooa-