The Omaha Daily
Bee.
ESTABLISHED JUNE 10, 1871.
OMAHA, SATUltDAY MOHMNU, HAltCH 21, 11)03 TWELVE PAGES.
SINGLE COPY THHEE CENTS.
NEW CLAIM SET Uf
Marker Lawyer Declare. Oorernment it
Straining Aoti-Tnut Law.
SAY RAILROADS MAY OWN OTHERS' STOCK
New Interpretation kiei by Attorney for
Seour t'ei Company.
FEDERAL COUNSEL COMBATS ARGUMENTS
Al'egei Holding Concern Aboliihea All
Tree Competition.
TALK ENDS TODAY AND JUDGES GET CASE
Derision la First Round Mar Be Ex
pected Doo, Jow AtlnnifH Draw
Sr Close of Leathy apeechea
for Tna aid.
ST. LOL'IS, March 20 Argument In de
fense of the Northern Secarltles company
closed today and tho case will be finally
placed In the hand ot the (our judge to
morrow. C. W. Bunn of 8t. Paul, counsel for the
Northern Pacific, opened today' session
and former Attorney General Griggs closed
tor the Northern Securities company. The
laat hour of the session waa occupied by
T. I). Wetaon ot l'lttsburg In closing for
the government. He, was at 111 talking
when court adjourned.
Mr. Bunn endeavored to Ihow that prior
to thl case there had never been a sug
gestion that a consolidation of railway in
terests waa a violation ot the antl-tmat
act.
Mr. Buna aid in part:
. Act la Not Speclne.
In thla" ult the- United Mates seeks to
enjoin the Northern Securities company
i.-om owi.ing and voting stocss of two rail
way companies engaged partly in interaiate
commerce. . .
it la asserted that the owning by one
.xrporatlon of a majority of the stork of
.tite railway companies is prohibited by
. ii act passed by congress July 2, PKtu. The
i. it does not aay 'hat ll Is uniawtul tor
i. ne railway to buy, leaae or Control a com
letmg laliway. Nor Is one person or corpo
laiion lornmuen to own slock In two com
ruiivMvii. If these thlnas are pro-
illited. it Is only because they necessarily
let train commerce between the several
"I he"" broad generality and indeflltitteness
at the language of the Uw calls tor great
rare in Its Interpretation and application
to particular cases.
For Its validity the act rests alone on
article 1. section- 8, of the conatltdtlon of
the United States, which glvea power to
congress to "regulate commerce with for
eign nations at.d among the atutes, and
vith tlie Indian tribes." Being paused In
execution of this power, the statute cannot
oe interpreted mora broadly than the grant
of power Itself.
Hlghta af (ha States.
AH the ordinary legislative powers of gov
ernment, the general right to legislate con
eernlna; contracts and property rlghta, and
or the welfare, good order and morals uf
:he people, 1 reserved by the constitution
.o the states. Congress must exercise lis
;ovr to tegulate commerce with reference
to 4ba- nosnera o(, too. auites. It can no
. nor Infringe on their reserved power than
they on Its granted power.
That congtes Ijrta not the constitutional
' Mwr, under the gule Of regulating com
merce, to prescribe the general rules by .or
.tnder which either real estate or per
sonal property, stocks or bonds may be
(ought, owned, aold, passed by descent or
i1 1 led within the states, muet be admitted.
Much less, oan congress say that a man
nay not buy a piece of property within a
'tat because he may Intend to use the
jam In a manufacture or business carried
m with the Intent to monopolise or re
strain Interstate commerce. No more can
congress restrict the right of partnership
rt corporations organixeu oy virtue or atute
tawa to buy within the states either real
r personal property. Including stocks and
touda.
Wo Ylolatioa of the Law.
Again. If a contract, arrangement or com
bination does restruln Interstate trade, It
ll Immaterial whether It has the sanction
of state law or not. A state law must yield
o a power vested In congress. In the case
at bar, or In any similar case, the trans
action must be treated as If fully authorised
liy state law.
For a holding company, to own the. stock
of competing Interstate carriers la plainly
no more prohibited by the act than for one
interstate carrier to purchase, lease or
otherwise control the property uf a parallel
or competing carrier.
All theae conclusions are greatly strength
ened by the fact that everything which
falls within the prohibition of the act la
made a crime; the very thing denounced
Illegal la mad criminal. It la little
short of abaurd to suppose that congresa
intended to make It a crime for a man to
buy stock In two competing Interstate rail
way companies; or, having stock In one,
to go into partnership with one which has
stock In another; to to promote the forma
tion of a corporation to acquire stork In
both; or aa director1 or officer- of a corpo
ration already formed to engage in acquir
ing such stock, or to promote the consoli
dation of two competing Interstate carriers.
or tne lease or purchase by one of another.
Certainly It Is not too much to reoolra
not too much to require
i t n , . i. ...
that If congress had Intended to make these
uiinga Crimea it snouid Have said ao.
Act Sot a (Irar),
Former Attorney General Orlggs followed
Mr. Bunn, closing the argument for ti. de
tense. In his argument on behal ot the Northern
Securities company Mr. Griggs contended
that to aots of th defendant do not con
stitute a contract, combination or con
spiracy In restraint ot intsrstate trad or
commerce within the meaning of the Sher
man act. In support ef this contention he
mads the. following points:
1. The creation of railway corporations,
th form of their corporate organisation
the character and qualities of their cor
porate stocks, the routes which tnelr rail
ways shall take, whether they may con
nect with other road running In the sarad
general direction, whether they may or
may not consolidate with tiarallel Hn-a
jr operate parallel lines through different
portion, of a state All theae matters are.
and always have been, auojecta of alale
juriK'iu'iiun.
t. The acta of the defendant being prima
facie lawful, the burden of proof ia upon
the government to show that they were, ai
the attorney gentral charges, not bon tide,
but a more formal device intended to defeat
the urovWioiia of the bherman act.
1 Any restraint of trade or commerce
which may result irom the acts d ine by th--defendants
is indirect and incidental onlv
and not covrrtd by the act ot July l. l&u. '
4. If the Sherman act can be ao construed
as to forbid the a.e of stock in two com
peting railroad corporations to one ur
jiiuver, then that act Is sn attempted Inter
ference on the part of congrra with trun.
actio. is mh.ch are wholly within the con
trol of the states uf the union, and in that
renpect the act Is unconstitutional.
aoald Be t'loarly ti. pressed.
I But. assuming that congreaa may, unde-
the commerce cuuso of the ronetltut.on
4 nd
as a regulation or commerce, restrain
the states in the exerclxe of their preroga
tive irom permuting two or more ior
porutlons to which the states have given
Ufa from merging, yet such a purpose on
the part ot the government ought to be
i-.early and distinctly expresaed and not be
found lu the judicial Interpretation of
doubtful language contained in a penal
statute.
. Acquiescence by the government for
more than eleven yeers in the actual
tueiger end consolidation of many Im
j.Ti.nt parallel end competing l.ne of
railroads and etesmadilps engaged In Inter
k i.jlo tiud International commerce has
iintn a ursctical construction to the act
of July 1, is J, tn the effect that it was
lot Intended to forbid, and does l forbid,
:h' natural prvcer of unlncution whtc.i
urj brought about under modern methods
(Cehtlaued ea Filth Pax.)
NO UPRISING AT. PRESENT-
llcaa laaara-enta W' f 't for a
More Favorable ",''ttf
to fttrlke. v. 7 (
NEW YORK. Msrrh 20. Interesting aid,
lights are thrown upon the Balkan sltua
tlon In Interviews had with Dimity Llapoff
here, say dispatch from Sofia, Bulgaria,
to the Tribune.
According to letter received by Presi
dent Sarafoff of the revolutionary bands In
Macedonia and by Dimity Llapoff, who act
ss his agent here, the insurgent have de
cided to postpene a general movement and
await developments. However, the revo
lutionists Intend to" drag Europe by the
nose Into Interference In the affair In
Macedonia.
M. Llopff admitted that the Turk were
controlling themselves and acting under
better discipline thn formerly, and for
thl. reonon he said It would be a waste of
men and ammunition to Institute a general
uprising, since the representative of the
powers 'would say that the revolutionists
would not allow the Turks to Introduce re
forms. Ho added, significantly, that when
Europe had turned her eye elsewhere and
the Turk had begun to laugh In his sleeve
at hi success in outwitting the powers
and was repeating his old tactics, the
revolutionary bands would resume opera
tion and harass him In the hope of creat
ing another crisis and producing a moral
shock to .the civilized world.
MERCHANTS ARE DISCOURAGED
it
itillrallon of Treaty Doei !ot Give
ftatlafuctlon la Cuban Dual
neaa Circles.
HAVANA, March 20. New of the action
of tho senate has almost had the effect of
the treaty being defeated. The merchants
are much discouraged and the price of
ugar has dropped rapidly.
Several claimants for damage on ac
count of the war with Spain are com
plaining at the delay In payment and an
nounce in the local paper their Inten
tion ot demanding payment.
They aay they did not accept the Paris
treaty and, therefore, are empowered either
to force Spain to pay the claims or cause
Spain to take the matter up with the
United State.
BRIGHT DAY DAWNS FOR ERIN
Ko-rernment Will It Modified Home
Rale Wheat Lend Bill ta
Disposed Of.
LONDON. March 20. A bill giving Ire
land an Important extension of local self
government will be Introduced by the gov
ernment. The leader of the nationalists
and Irish unionists have already been con
sulted on the subject and the rough out
lines of the measure have been sketched. -'
Thomas W. Russell (liberal unionist). In
an Interview at Ennlsklllen, Ireland, today
declared the government was about to In
troduce a modified measure of home rule,
but the statement la premature. Nothing
will be done until the Irish land bill is
disposed of. ..,11 ' '
OLD MAPS SHOW THE LINE
Atlases ' of 1K23 aad 1834 (elvla;
Boundary to Be Exhibited Bt-
(ore Alaska Commission.
MONTREAL, March 20. Search In the
chateau de Ramesay by the .request of . Jo
seph Pope, under secretary of state, and
one of the' commissioners preparing the
Canadian case for the Alaska commission,
hss brought to light two atlases ot 182S and
1824.
One ot these give a map of Russian
America and British America in which the
Lynn canal la shown clearly within British
America. The map will be exhibit in the
Canadian case.
Students Tar Tribute to Kossuth. .
BUDA PEST, March 20. The anniversary
today of the death of Loula Kossuth waa
marked by the usual student demonstrations
and collision with the police. . A thousand
students hoisted mourning - flags over the
university and compelled the professors to
suspend their lecture. Subsequently thr
students Indulged in noisy street demon
strations In front of pubjlc building and
stoned the police. A number of arrests fol
lowed. The deputies of the Kossuth party
finally aucceeded In Inducing the student
to disperse. ,
Fitting Oat Polar Expedition.
LONDON, March 20. Anthony Flala, who
la to head the polar expedition to be
equipped by W illiam Zelgler ot New York,
leaves London tomorrow for Tromsoe. Nor-
...
way, to complete tne fitting out of the ex
pedition's steamer America.. He will return
to the Inited States In April and will re
turn to Tromsoe In time tor the expedition
to start in June.
British Medal for American.
LONDON, . March 20. War Secretary
Brodilck, in a printed reply in the House
of Commons to a' question ot Harold J.
Tennant. liberal, says inatructlona were
given March 13 to issue . war medals tor
presentation to the five American women
nurse who served on the hospital ship
Mace In South African and Chinese water.
Many Seala Are Captured.
VICTORIA, B. C, March 20. Letters from
the Falkland Islands tell of the success of
the Victorlt sealera tbeie. Ola balcom took
I 2 080 skins in three
U 'L, , i" 7si trim,
LoiKutn 1-72s- Edwa
hree months: Beatrice 1.
rd Boy 1.478. Florence
M. Smith 2. SAO, E. B. Marvin 1.100 and
Florenco M. Munsle was sightod with 600,
WILL FORM NEW YALE SfiCIETY
Senior Men Inaugurate
Body to Combine
Student.
Non-Secrot
Free
NEW HAVEN. Conn., March 20. A new
senior claas organization at Yale, to be
known as the Ellhu club, la being formed
uuder the official approval ot the university
authorities.
It Is to be non-secret and It active mem.
bershlp will be restricted to those students
, . . "
" u- "u "Jr"""r, '" senior
society.
U. P. WILL PURIFY ITS WATER
let Contract for Twenty-Five Plant
Between Omaha and Salt
Lake.
CHICAGO. March 10. The management
of tb Vnion Pacific closed a contract today
with a Chicago compaay for twenty-five
I water purifying plants between Omaha and
Salt Lake City. The order contemplate an
expenditure ot at leaat SI.MM.eeO.
It is estimated that the average life ot
locomotive alii be mere thaa doubled.' -
ONE SUNDAY IN NEBRASKA
Prea'dint Will Spend Entire Day al Grand
Island and Take a Drive,
L. i AND MILLARD TO BE WITH HIM
Senators Dolllver and Allison t nable
to Have Mom City Included In
the Itinerary- of the
President.
(From a Staff Correspondent.)
WASHINGTON, March 20. (Special Tele
gram.) Senator Dietrich had an extended
conference with the president this morning
relative to the coming trip of the chief ex
ecutive through Nebraska. As a result of
that conference It wa arranged that the
president, who will remain Id Grand Island
during Sunday, April 28, will attend the
churches on that day. After luncheon a
ride of about twenty-five mile ha been
arranged for. The president will be ac
companied by a small party. Senator
Dietrich being among tboee who act a his
escort.
Mr. Roosevelt will leave Gracl Island
early In the morning of the 27th of April
and will run to Hastings, where he Is due
at 10:10 a. m. The public school children
of Hastinga will be massed In the public
square of Hasting to properly receive him.
From Hasting the presidential train will
go to Lincoln, thence to Fremont anl
Omaha, where he will rest for the night.
It was arranged at the conference that
Senator Millard and Dietrich will join the
presidential party at Grand Island, accom
panying the distinguished guest oa his trip
through Nebraska.
Asked If the question ot the district at
torneyship was discussed during bis con
ference with the president Senator Dietrich
said that It wa not even mentioned.
"I do not know when any action will be
taken In the matter," said Senator Dietrich.
"The president has a brief of Mr. Lind
say' recommendation and testimonials
and In Ma own time will take up the mat
ter. Personally t do not see how he can
fail to appoint Mr. Lindsay In view of the
frank, outspoken manner In wl.lch the
leader of the party have put themselves
on record for Harry Lindsay.
"One thing is certain, there will be no
compromise candidate selected. It will
either be Mr. Lindsay or Mr. Summers."
Mia Marie Simmons waa commissioned
postmistress at Roosevelt, 8. D., this morn
ing. The postofflee has just sprung Into
existence and la named in honor of the
president. "
Senators Allison and Dolllver of Iowa
aaw the president thl morning to make a
final effort to have Mr. Roosevelt stop
at Sioux City on hi way through Iowa.
The president' told Iowa'a solona that while
ho would like to comply with their re
quest, it : was impossible, owlug to the
completion of his Itinerary, which had be?n
turned over to the railroads, . In whose
hands he would be on leaving Washington.
While It will be a very great disappoint
ment to Sioux City cttlsens not .o see
President Roosevelt, the fact that he will
apend two daya.and nights In the Hawkeye
state Is telUved will assuage- their grief
eomewhaU:
. . Routine of Departments.
These Iowa rural free delivery letter car
riers were appointed today: Carson, Ed
ward H. Cater,. regular; Claude Cater, sub
stitute.' Cylinder, Earl Jones, regular;
Frank Jones, substitute. Duncombe, John
W. Nichols, regular; Etta Nichols, substi
tute. . Harlan, Ralph T. Dawes, regular;
Ben Klncey, .ubjtltute. Manning, Adolph
Scbnack, .regular; Ernest Schnack, substi
tute. Wall Lake, Perry Graves, reguler;
William Eaton, substitute.
Dr. C. G. Palmer has been appointed a
pension examining surgeon at Cbadron,
Neb.
The Merchant' National bank ot Cedar
Rapid, la., has been approved as reserve
agent for the First National banks of
Dysart, Grundy Cent-r, Nora Springs,
Sigourney, Spirit Lake, Waterloo, Webster
City and Williams, also for the Commer
cial ' National bank of Charles City, Na
tional Bank of Decorab, People's National
bank of Independence and Commercial Na
tional bank ot Waterloo.
The Cedar Rapid National bank ot Cedar
Rapid ha been approved a reserve agent
for the First National banks of DeWltl,
Mason City and Oelwin, all In Iowa.
Postmasters appointed: Nebraska Oa
mer A. Butler, Newcastle, Dixon county,
vice Joseph Bochenbauer, removed. South
Dakota Michael O'Malley, Houston, Lyman
county. Wyoming Delavan Htgley, Bosler,
Albany county. ...
CLERK REFUSES TO TELL
Missouri - Lower House Senda Clerk
of I'pper Honae to Jail for
Contempt.
JEFFERSON CITY, Mo., March 20. In
the house today a resolution by Davidson
wa adopted to Imprison Senate Clerk Cole
Hlrkox for contempt In refusing to an-,
swer questions asked by the house boodler
Investigating committee aa to where he
got two 1500 bills.
When the result of the vote was an
nounced Hickox was taken in custody by
the sergeant-at-arms. The resolution pro
vide that he shall be committed to the
Cole county jail and remain there at tb
pleasure of the house.
The speaker must issue commitment
papers before Hickox can be Imprisoned.
Hlckcx says he will appeal to the su
preme court tor a writ of babeaa corpus.
Hickox was arraigned before the bot.ee
today and was asked by the speaker It he
still declined to answer the committee's
questions. "I do sir," replied Hickox, In a
firm Voice.
The resolution to commit Hickox to jsil
until he satisfies the committee was then
presented and adopted. -
POLICE HAVE NO CLUE
Mysterious
Bar i
Disappearance of Gold
it Detroit I Still
I'naol ved.
DETROIT, March 20. Nothing ha de
veloped tcday to help aolve the mysteri
ous disappearance Wednesday night from
the union depot of the Ingot of gold, val
ued at $!S.E00. No arrest have been made
and so far a can be learned the police
have no clue to the whereabouts of the
prejrloua bar.
Chief of Detectives McDonnell said, sig
nificantly, this afternoon that he was sat
isfied that two men aeen at the union
depot Wednesday night, who were acting
suspiciously, are the persoss who stole
th bar.
McDonnell aaid he ha learned that Mes
senger Dean after loading, the four gold
bars on a. truck walked around a corner
of the room and sat where he could not
see lbs truck while wslilog for his train
for tlttSale, whkh wa lata.
KEENE WILL NOT PAY TAX
Kew York Speculator ' fttart Legal
Battle that May Have Far-
Reaching; KsTerte.
NEW TORK. March 20. James R. Keene
and the city of New York are engaged In
an Interesting legal battle which may have
far-reaching effect eo the question of the
payment ot personal taxes.
Mr. Keene Is to be' the first tnsn examined
under the new method of supplementary
proceeding. He Is to be summoned to court
and examined In detail aa to hi property.
The corporation counsel contend that Mr.
Keene owe the elty $1,737 for personal
taxes for 1301.
Mr. Keene has -Informed the corporation
counsel that he will not pay thla tax be
cause In that year he was a resident of
Hempstead, Nassau county.
A soon as the lawyers of the department
tor the collection of arrears on personal
property heard of Mr. Keene' defiance they
served notice that If h did not pay the
city would compel him to be examined In
supplementary proceeding.
In reply to this lawyer representing Mr.
Keene called at tb office ot Martin Saxe,
who la at the head of thla branch of the
tax department, announcing that Mr. Keene
would fight out In the court the payment
of the taxes. .
HOMAGE TO THE PRESIDENT
Dr. Singer Say that tho Jews Have a
Friend In Theodore
Roosevelt.
NEW TORK, March 20. At a banquet
given by four lodge ot the Society B'Nal
Brith to Dr. Frledrica Mueller, Dr. Singer,
replying to the toast, "The President," said
the Jew bad more motive than the ordi
nary Amerlcan'a patriotism for doing hom
age to the president. He continued:
It was Theodore Roosevelt who Inspired
the Roumanian note of Secretary Hay of
August 11. 1:I2, a political and historic act,
ultimate effects of which upon the amelio
ration of the condition of the Jews In east
ern Kurope cannot bo fully realised at the
present time.
Dr. Mueller spoke briefly, calling America
a nation of idealists, not materialists, be
cause of their magnificent philanthropic
Institutions.- -
Dr. Mueller will start for Chicago to
morrow to attend Lollta Armour , and take
the chair of ortheopedle surgery in the
University of Chicago.
MOTHER KIDNAPS HER , GIRLS
Divorced Woman Accused of Taking
Children from Homo with.. Their
Grandparent. ,
BAY CITX. Mich., March 20. Two grand
daughters et M. J. O'Brien of South Sheri
dan street are missjng from their home and
a warrant 'ha been issued for Mrs. Anna
Qulnn of Los Angeles, Cal., on a charge ot
kidnaping them. Mrs. Qulnn Is the mother
of the two girls end waa divorced several
year ao from their father.
After the divorce the older of the two
.girls went to her graadnxrenU to live,
while the mother took ii -J-oungwr-wtth
her. ' Later she aent thejhlld also-to the
grandparents, saying. It 1 alleged, she wa
unsble to care for her.
LORENZ METHOD IS fcATAL
First Cuao'-en Record Where Death
. Has Followed the New -
Treatment.
. PHILADELPHIA. March 20. For the first
lime, so far a surgical history goes, a pa
tient baa died from an operation for con
genital dislocation ot the hips after the
bloodless method introduced by Prof. Lo
re nx.
The patient, an 8-year-old girl, wa oper
ated upon last Wednesday.
Although the surgeons did not tucoeed In
reducing the dislocation no fatal result wa
anticipated from the operation, but the child
was later seized with convulsions and died
In a short time.
MORMONS DESERT YOUNG
Refuse to 'Aid Meaner Ousted from
Church on Account of
Immorality.
SALT LAKE CITY. March 20. "If any
move la being made toward securing the
release of Hooper Young from Sing Sing,"
aid Secretary Glbb ot the first presidency
of the Mormon church today, "it Is from
outside the church. No such move has
been taken or I even contemplated by
the first presidency. Even if he is a mem
ber of this church, this action would not
be taken, but Hooper Young was severed
from the church years ago for Immorality."
MISSOURI SEEKS NEW CAPITOL
Houae Adopts Senate Resolution Sub
mitting Eaabllnar Amendment
to People.
JEFFER80N CITY. Mo., March 20. The
house today adopted the senate resolution
submitting an amendment to the consti
tution for the erection of a new state
capitol. The amendment provldea for the
creation ot a fund of $3,000,000 by a tax
levy.
VIRGINIA MOUNTAIN
Coal Mine Catches Fire
Issue from All Part of .
.....
HUNTINGTON, W. Va.. March 20. The
Nova Scotia, one of the largest mines owned
by the Gauley Mountain Coal company
on fire and its complete destruction
threatened.
The entire mountain is smoking.
COUNTY AND CITY COMBINE
Judges Refuse to Uraat Injunction
Keeping Denver Government
Apart.
DENVER. March 20. Judges Marshall
and Hallett of the lotted 8tatea circuit
. ,
court refused to grant tb application for
O.U IUJUUOIVU IU ICIIIU1U IUS LUUIUIIQtllUQ
of the city and county of Denver under the
home rule law.
Bertrand Resldeaee )amared.
BERTRAND. Neb.. March 20. (gpeeial.)
The home of A. J. Sandstrom wa badly
damaged by fire at an early hour thla morn
ing. Student Dlea of Krvt-r.
I'TIOA. N. Y.. March 30. -A. Punly Ujrd.
a atudeut of Cornell utiKerslty, wao was
Ul with l I. hold fever. U dead.
FOR MOORES AND HOME RILE
First Ward Republican Ohaer Themselves
Hearse Over the Major.
MAYOR GIVES ACCOUNT OF STEWARDSHIP
Frankly Announce III Candidacy
and Meets the Slnnderou t'haraje
of HI Opponent In Open,
Manly Way.
Mayor Moores and home rule were the
most accentuated features of one of .the
biggest republican meeting of the cam
paign laat night. Under the auspice ot
the First Ward Republican club, Mayor
Moores, Park Commissioner Cornish and a
number of others spoke to more than 150
men In National hall at Thirteenth and
William streets. It was distinctively a
Moores meeting, and the applause for him
and his administration waa unstinted at all
points. When the mayor, who was the
first speaker, stepped forward he was
greeted by a period of handclapping and
cheering that lasted five minutes. At In
tervals while he talked he was Interrupted
by loud applause and each mention of him
by tbe succeeding speaker did not fall to
make the crowd become enthusiastic.
After the principal speakers had finished
President Bandhauer called upon a number
of others, candidates and eltlxens. to speak,
and the following responded: Fred Prun
ing, candidate for tax commissioner from
the Second ward; Peter M. Back, I. S.
Hascall and Cbarlee Hanley, candidates
for the council from the First; G. B. Ablan,
a Syrian from the Second ward; J. Fred
Behm, president of the Second Warf Re
publican club, and W. B. Christie, presi
dent of the Fifth Ward Republican club.
Mayor Moores spoke first. In part, he
said:
1 come to you to give you an account of
my stewardship for the past three years
and to announce to you that 1 am a can
didate for renominatiot. for a third term.
1 am your servant, it Is no more than
right that I should come before you to
ten you what 1 have done and to put my
self squarely before you tor another teim,
subject to your suffrage. Three years ago
the principal Issue ot the campaign was
the municipal ownership of tne watei
worka. Now It seems to be "Moores or anti
Mooree" "machine or antl-machlne."
1 hree years aga and later there were
rumora that 1 was "holding up" certain
undesirable classes. There were allege. 1
to be -'well dellned rumors'' to that efttct
and a special grand jury wrestled with
the question for a month. All 1 wish to
suy now is that no Indictment was found
against me. There was ra sed aleo the
cry that my administration was too liberal.
Certain persona declare they want a new
deal. Presently they got it. The supreme
court decided that the board of fire and
police commissioners should be appointed
by the governor Such was done and the
governor s board has been in authority for
nearly eight months, and 1 ask you It you
see any improvement over the conditions
when my board was in powerT Cries of
"no, no.
The city has run aiong and even more
liberties have been given tnan before.
The present board allowed a pool room to
open a thing that never was allowed dur
ing the former board's administration, an 1
1 am told that- thia le the moat dangerous
form of gardtjllng.
.. Opposition Works at' Lincoln.
The opposition to nie. hss not seen tit to
meet me oa local,' common grounn. but
has attempted to encompass my defeat
through the legislature. First, they tried
to work throjgh a bill that failed, pro
"hlbltlng third terms for mayors and cdun
cilmen in lima ha. nothing be.ng aaid about
city comptrollers or other city officers.
Mayors who had proved satisfactory in
otner large cities in the cojjury are
iieivlr.g their fourth and fifth terms. We
had a congressman who was elected five
times and served as many terms, and It
waa declared that the longer ne served the
better able he became to serve his con
stituents. Then my ppponenta In the republican
party tried rne scheme of putting off the
election- to May. Well, that la all right.
1 am satlHfled. I am making new frlendj
every day, and if they only put the elec
tion oft far enough 1-wlll nave everyona
n the city on my ide.
Another plan that waa worked through
the city central committee was the adop
tion of the rule compelling candidates tor
the council to submit their name on tbe
primary ballots under either the Moores
or antl-Moores' delegations. This is most
unfair to the councilmsnlc candidates, but
I think I can worry along under it all
right.
Dlssracefal Ripper Bill. .
As a last resort the new primary elec
tion bill has been passed, which mak.a
it incumbent upon tne voter when he Is
challenged tj disclose whether or not he
voted tor the candidates of the party un
der which he la reKlstered at the laat elec
tion. This will destroy the secrecy ot tht
ballot and a great number of eltlxens will
be deprived of the right to take part In
the primaries. The bill Is unconstitutional
and extremely vicious and will react upon
the men who are responsible for It. When
teated In the courts 1 am satisfied It will
be found In contradiction to our constitu
tion. My action upon, ordinances and resolu
tions has been without fear or lavor.
Wherever money waa involved 1 have ua?d
the greatest care and exercised the veto
power as wisely as 1 knew how, refusing
to be dictated to by railroads, coriiorutions
or individuals. I have tried always to a -t
In the Interests of the taxpayers. Nobody
owns me and 1 am free to do what 1 think
is right and I have done so, and will.
Railroads In Omaha are not taxed In
proportion to business property and private
property. I am In favor of equal taxation,
and believe that the railroad ehould be
compelled to pay in proportion to what
they have. Although efforts to get a law
that will make this taxation possible have
failed, and the railroads are resisting In
the courts an Independent attempt, still I
cannot help but declare that the time Is
coming when the railroads will pay their
fair share of taxes.
About Municipal Ownership.
Among the charges that have been
launched upon me la one that althougn
elected upon a municipal waterworks
platform 1 did nothing to aculie tne
p. ant. It waa utterly Impot-aible to do thla
with the old valuation oi cliy property, urn
the issuance of bonds to buy the water
I piant would have made the total bond Is.
8ur more than in per cent of the assessed
Dl A. 71 MP 1 valuation, as is named by the charter as tb.
DLAclHiU j limit. Now that the total valuation has
I been made on full worth and fixed at about
and Smoke i $1.0U0.iju, Increases in the bonds Is pos-
( SlOie, out II. e irginiaiuir ilia IIUVIUVI1 lor
the acquirement of the piant, and if the
law nohta water the waterworks will be-
! ..otn. cliv nrnnertv sooner or later
Hegardlng municipal ownership. I want
to say that aa always I urn in favor of It.
1 think it to the advantage of the citizens
tn nwn th,. iuh. elfctrir Itffht ILimnn
j and street railway concerns and all public
utilities, out at tne present time tne job
of acquiring the waterworks la enough to
occupy our attention. The absorption oi
the other public utilities most properly
will come later.
Arsaes for Homo Rule.
Park Commissioner Cornish devoted most
of his speech to arguments for borne rule.
He declared that he was for Mayor Moores
because the mayor favored home rule and
equal taxation. In part he said: "A hunm
j rule bill for Omaha ha just been killed In
l tbe legislature. The farmers and business
j men from all over the state seem to think
I mat tne people oi utnaaa aon i learn irom
eipel.,enee WOat they want. and In a few
that the people of Omaha don't learn from
days assume to learn exactly what Is
needed. Therefore they kill the bill and
deny us tbe right to make rules and laws
for ourselves In purely local matters. I
believe that the law passed by the legisla
ture compelling the city to acquire the
water works by purchase under a contract
drawn twenty-three yrara ago will ci st th
citizens at leaat t2.0fKi.Cu0 more than I'
would had the people set about to obtal-i
the plaut by the right of eminent domain,
all ef the appraisers being appointed by
(Continued on Fifth Page.)
CONDITION 0FTHE WEATHER
Forecast for Nebraska Fair and Warmer
Saturday; Sunday Fair.
Temperature at Omaha Yesterday I
. ,
lour. Dra. Hour. Ilea.
5 a. tn IN 1 p. nt...... HH
ll a. m IN u p. m ;
T a. ni ...... 1 T M p. m HI
M a. m 1 4 p. m .'
t a. n IN 5 p. n V.i
10 a. ni at H p. m .H.'l
11 a. m It 7 p. m 2
ia m an p. m hi
W p. m HO
TRAVELERS ELECT OFFICERS
Omaha Post of Protective Association
Selects Staff, with National
Executives Present.
The annual meeting of Orantin post No.
S, Travelers' Protective association, was
fceld last evening at the Commercial club
rooms. About forty members were present
and President J. I. Purcupile presided, wlli
R. S. Hodgln discharging his dutle as sec
retary. The meeting wa called to order at 8:20.
A pleasant feature was the presence of E.
C. burrows, business manager of the Na
tional association, and F. W. Crandall,
member of the National' board Ot di
rectors, both ot St. Louis.
Secretary-Treasurer Hodgln eubmlttod
his annual report of receipts and expendi
tures ot tho local post for the last year,
which was balled as an excellent sbowtng,
indicating that the post Is lo a flourishing
condition. The report wa referred to th"
state Loard and president for approval.
Then followed the election of these offi
cers: President, R. S. Bacon; vice presi
dent, George H. Lntutlye; secretary-treasurer,
R. S. Hodgln; board of directors, Carl
I. Ochiltree, M. W. Rayley, M. C. House.
J. L. Houston, Stanley Pickett and O. T.
Holmes; chairman ot bote! committee, R.
E. McBrlde; chairman of railroad commit
tee, M. W. Rayley; chairman of legislative
committee,i H. K. Burkett; chairman of
press committee, C. L. Hopper; chairman
of employment committee, E. 8. Hoel. Tost
surgeon, recommended for appointment by
the national boe.rd. Dr. Ed Arnold.
Following the election of officers Na
tional Business Manager E. C. Burrows' was
called upou for a short address. He said:
"I predict a great future for the Travelers'
Protective association In Nebraska. I have
nothing to say In regard to other associa
tions. They are all good. This associa
tion has accomplished much good by stop
ping, or least having postponed, the action
of the various passenger and traffic asso
ciation tn securing the enactment of the
excess baggage rate which was to have
gone Into effect March 1 in several of the
eastern state. It has, by agitation, secured
the interchangeable mileago ticket system
on many of the eastern roads, and also on
certain of tbe southern roads. The asso
ciation hss accomplished much good work
In Indiana and In Illinois. . At Peoria, th
local pest has endowed three beds in the
various hospitals of the city, which are
at the servn of -.raveling men without
cost. The association ,ls growing as en
couragingly as could be expected- It should
be largely , extended ' in Nebraska, and In
Kansas, where there are no poots ac all."
F, W. Crandall, membe.- of tbe National'
board of director,' wa called upon, an.!
made a short speech, 'along' the line ot
that of hi predecessor. The addresses of
both speakers were tcartlly applauded.
. A motion prevailed extending a rising
vote of thanks to the visiting national offi
cer tor their visit and undresses. Mr. O.
A. Mathes, a visiting member from Q post
of New Albany, Ind., was called upon and
made a short address. He was followed
by Mr. Whitehead of Lincoln In a short
talk, the latter being a member of C post
ot Lincoln. The visiting national officers
will depart for Lincoln this afternoon to
meet with C post this evening.
The meeting of the State Travelers' Pro
tective atiociatlon will be held In this city
Ap-il 24 and 25, at the Commercial club
rooms. The convention will meet at 5 p. m.
April 24 for the transaction of preliminary
j business, and the banquet will be riven
j at the club rooms, at 7 o'clock the same
evening. The national convention will be
; at Indianapolis, June 9, 10. 11 and 12.
I
SENATOR MILLARD AT HOME
Talk of Nebraska's Interest a Hep
resented at the National
Capital.
Senator J. H. Millard and his daughter
returned Friday from Washington and are
at home for the summer. The senator has
entirely recovered from his recent slight
Illness and appears to be In the belt of
health. He said:
"Tbe first thing I will have to do will be
to appoint a cadet to tbe naval academy at
Annapolis. This will be done within tbe
next two weeks, but I have nut yet decided
whether tbe appointment will be by com
petitive rxam'nation There are about
twenty-five applicants for tbe place and but
one can have It. This matter will receive
considerable attention.
"I left Washington before the Cuban
treaty was ratified, but I would have voted
for it had I remained. The representatives
of the beet sugar Industry of the country
seemed to have arrived at the conclusion
that the sugar schedule on the tariff ar
rangement would not injure them, ao there
Is no reason for the Nebraska people to
feel that they hae been placed at a disad
vantage on this score. '
"The rstiflcatlon of the Panama canal
proposition and treaty will make a place
for seven commissioners, who will have
charge of the whole matter. There la a
great struggle for appointment on this
board, which will carry with It considera
ble honor and require much ability. John
L. Webster of Omaha has received the un
qualified endorsement of both Senator
Deitrich und myself for appointment as one
of the members ot tbe board.
"We have nlso endorsed Charles J.
Greene' candidacy for appointment to the
circuit bench ot the .United States to the
vacancy to be created by the retirement Of
Judge Henry C. Caldwell. Mr. Greene's
chances at thl tlmo are aa good as those
of any other candidate and we have hope
that he will be chosen.
"There Is still a deadlock over the ap
pointment of a United Slates district at
torney. I still support Mr. Summers, while
Senator Dietrich and Mr. Liudsey were
with tho president a few days ago In the
Interest of the latter. I think the appoint
ment will not be made for several months,
but there Is nothing absolutely ccrtaiu
about the time the president will act."
Movement of Orris Vessels March Vl.
At New York Arrived t'edrlc from Liv
erpool: I retorU trom Hamburg; Or.sc
Kurfurx from Southampton.
At uueenstown Arrived Wi-xternland
from liilladelphla for Liverpool and pro
teedfd rtu lied Canada from Liverpool for
Boston
At Font KerrarU I'asseil Lahn from
New YorK for Nnplr and jeno;i.
At M ulle-Sailed Huvariun from IJv
trpool for Mi. John, N. B
At S;. M't hurl I 'a used- Nerkar irom
Genoa aud Naplss fur New York.
PASS REVENUE BILL
Tote on Final Pat age in th Home is
8eentj u Twenty-One.
MANY MEMBERS EXPLAIN THEIR VOTES
Kelson of Dou;lai and Caldwell of Clay
Are Again't Meainra.
READ FIRST TIME IN SENATE IN EVENING
Home Pnti in Motl of tbe Day oi Salary
Appropriation Bill
MAKES ONE CUT AND SEVERAL INCREASES
enate Committee fiopi on Record
a Favoring Rebuilding; of tne
Insane Asylnm at Norfolk.
RKKNl'R BILL Is finally passed by the
house and scut to senate, where It la
leTt! t'oi ,lme" Vo,e on n""t
SALARY JILL occupies most of time In
house. Several salaries are raised and
L,.nr, r,1"''i. the superintendent of
'."'.' . '"dustrial school at tleneva. 1
KAMbhi KLKVATOK HILL passes the
house.
NollKOLK ASYLUM rebuilding Is favored
Py the senate committee.
fFroin a Staff Correspondent.)
LINCOLN, March 20. (Special Tele
gram ) The revenue hill passed the house
by a vote of 70 to 21 at 6 o'clock this
evening. It went directly to the senate,
where It was read for tho first time to
night at a special session held for that
purpose. The final reading of (he bill In
the house occupied about two houra. It
was placed upon its passage Immediately
after It was read and, save for a score ot
explanations of votes, the roll caU pro
ceeded uninterruptedly. Of the seventy
votes the affirmative sixty-seven were re
publican and three . fuslonist. Of the
twenty-one negative votes two were re
publican and nineteen fuslonlsts. Six re
publicans were absent and not voting, also -two
fuslonlsts. Loomts, the fusion leader,
was one of these. Ho wa skk and unabla
to be present at loll call. Ho sent a writ
ten request, however, that his vote be re
corded against the bill, which was not al
lowed undr tho rjlos.
The roll call disclosed many surprise.
Several member who had been the most
aggressive opponents of the bill voted for
It. Perry of Furnas, who rhamplonod the
Caldwell amendment to the section deal
ing with rallrced taxation and who made
one of the strongest speeches that ever
was delivered against the measure, sup
ported it.
Sweezy, who proposed an amendment of
bis own to the railroad lection and de
clared that "If my amendment I not
adopted I will vote against the entire blU."
supported it. Rouse ot Hall and Flsnback
of Clay, both of v.hora had shown hostility
to the bill 'and ethers -wh) had voted that
way, lined, up for It. Caldwell ef Clay, au
thor of the Caldwsll amendment.' and" Nel-' "
son of Douglas were th .two; republicans
who stayed wit n their determination to
fight the bill to the last. ;
Nelson and Kennedy were tbe only Doug
las county members who voted against the
bill. Even Ten Eyck, who Introduced H.
R. 271 and H. R. S30 and who made aome
splendid fights for these measures, con
templating just taxation of railroad term
inals, which It is admitted the reviaue bill
does not provldei Rave his vote for the
pasFage of the bill. The three iuilou mem
bers who voted for the b;il v.-ere Mem
mlnger of Madison, Mlkesell of Dixon and
Shipley of Hitchcock.
l.esa Opposition Than Expected.
Tbe negative vote was much smaller
than wa anticipated. Of course In view
of the tremendous pow- wow maintained
by the organs of fuMonlsts that the mi
nority would line up solidly against the
revenue bill, their twenty-four votea were
counted on and at leaat six republicans.
As was suld, a score of the member sent
up written explanations of their vote.
Most ot these were member who voter1 for
the bill, but vhose former attitude bad
been against it. The glBt of these ex
planation wa that while It wa recog-
nized the bill did not contain the beet and
I moat equitable method of taxation. It waa
I a step lu the direction of revenue revision
j and .therefore should, in lieu of anything
I better, receive their support. At least a
dozen such explanation as this were given.
Kelson Explain Vote.
Nelson of Douglas submitted thla ex
planation with hi vote against the bill:
"This law Is a great improvement cvef tho
old law, but the ltnprnvemei.ts are all di- .
reefed against I be small property owners.
The bill Is defective in failing to permit
the deduction of unsecured and non-inter-
j est bearing debt. II In also defective in
requiring the tissussment of somn corpora
tlona upon the value of tbelr tangible prop
I erty plus their gross proceed for on year,
j while the constitution require that cor-
porations be taxed upon tbe value of their
I property.
"The bill grants no relief as to the local
taxation of railroad property In cities and
towns. It exempts about $15,000,000 worth
of terminal property In the city of Omaha
from taxation for inch local purposes.
"The so-called Thompson amendment rj
qulrlng a statement of the net earnings of
railroads In Nebraska will afford no relief,
as the auditor's report show that such
statements have' usually been filed by many
of the roads. The bill require the rail
roads to furnish such a large amount of
data as to confuse the State Board of
Equalization and to leave the public In
i doubt aa to thi basis of their assessment,
"Relieving that this revenue bill will tot-
pose additional burdens upon the average
I taxpayer and will afford no remedy, ao far
' as railroad taxation I concerned, I tbere-
i fore vote 'no.' "
i
Vote In Detail.
Tbe vote on tbe bill was: -Yeas:
k..unoii (h'm'n
Kliess.
Hamaay.
Ratd.
K l l.l,la,
Hla.
KoiM'lna,
hiitatru,
Huuar.
ha .liar.
fcaara,
anally,
lili)ty,
hmllh.
Spiar.
lurluc h,
kMatanti,
Haaagjr,
Ten Kn.
1'hnuipaos,
Warner.
Vebor.
Wllaoia.
Mr. Speaker 70.
AhrtertMiu 1K11011
A i uou,
HtrlfMj.
Hel.lell.
burst-hii,
('wll,
CtirUt y.
. Hainia.
Harmon, .
liairlauii,
Mrrrnn.
ll'.ir.la,
liulllat.
Jalinal.
J'ma IRIiii I.
Jiia uf CM..
J.tUTahat,
herni.
K'MHir.
MCla.
M. Uln
alaliaollf .
1 ( .l.
I Ti.pM-y,
I tiuni,
I Cumin. sh.n,
l urrir,
lal,
t'rleM Drrntcr,
iMtrli'k.
Frrr,
PibIiUm. it.
Kuril
r"r .lr. h,
llllwrt.
Own,
Nays:
Alltlcraoa IK'S)'
lla her.
llll,
IimIii y.
KvK-iiburgcr,
Klira.
Kri.
Absent and
MAlitliilncar,
Mrnrirlilu
all.
Maiaillih,
Mlkaavll,
MurtuiaS.
Ntlhou of Pleri-i
Prrrr,
idlah tiler.
H..),
Ji.liuaou,
Kaveny.
Kennedy,
Killle.
il l ylln. Ii.
bet voting:
Keieun ef Deag..
Slitnatis k,
hlarlarr,
'I tnirpe,
Ttiniey .
1 rak
arlns -21.
jlcen, Uolwlck.