Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 17, 1905, Page 2, Image 2
I THE OMAHA DAILY REE: FRIDAY. FEPRUAHY IT. IMS. Telephone 604. Bee, Feb. 18, 1005. "Be not simply good Ike good tor something." Y A FANCY GOODS Tillow Top A nice assortment. All in new designs. Con ventional, poster and flower effects. One can never Lave too manj pillows to brighten up their home. Stamped Pillow Top", .Wc epch. Cords and Tassels. In all the brlpht "hades, 25c and 50c earn. .fit lbson IMIlow Tops, all finished. 1.50 each. .' t . Stamped Centers and Table Covers Laundry Bags. 50c, 6.1c and $1.25 each. Ilardanger Cloth. 48 Indies wide, $1.25 per yard Full line of Linen Floss for working. . . We Do Stamping. . y.JlC A. Buildir. Cormtr Sbrtentk and Dougl. Street. of the city tax department. Board of Pub lic Works and Advisory board seems quite certain. ROITISB SENATE PROCEEDINGS Number of Bills Passed and Rent Over to House. (From a Staff Correspondent.) LINCOLN, Feb. l.-8peclal.)-The sen ate was busy on engrossed bills this morn ing an", passed these measures: ' ' S F. 107, transferrin I2.615 from the penitentiary special labor fund to the gen eral fund. . 8 F. I'M. allowing- county courts to dis pense with administration of estates and to enter decrees In certsln cases. 8 F. US, providing when a husband or wife Is competent to testify for or against each othet. 8. F. 113, to prevent the Illegal expendi ture of public funds. 8. V. 113, to repeal the statute providing for the appointment of county attorneys. 8 F. 106, to transfer $6,939.45 from the In heritance tax fund to the general fund of the state. ., . 8. F. 129, to provide for suspended sen tences In cases of wife desertion. 8. F. 86. district clerk fee bill. 8. F. lift, providing for the payment of road taxes In cash or labor. A motion by Sheldon of Cass was adopted to not consider H. R. 49, providing for the establishment of a binding twine fac tory at the state penitentiary until the ap propriation bllla had all been considered. An Invitation was read to the senate requesting the presence of the members at a grand rally and feast at the Auditorium Friday night given by the Modern Wood men. Upon motion of Epperson the .Invi tation was referred to the committee on fish and game. 8. F. 146 was reported for the general file. The senate resolved Itself Into committee of the whole, with Haller In the chair. 8. F. 98, the Irrigation bill, by Qlffln, waa re committed to the committee, after a lengthy, debate. Immediately after reconvening In the aft ernoon the senate again went Into com mittee of the whole, with Bresee In the chair, to discuss bills on general file. ft. F. 114, Sheldon's bill to elect deputy county assessors, was Indefinitely post poned. 8. F. 74, by Thomas, legalizing voting machines, waa recommended for passage. 8. F. 22, by Tucker, providing that cities of less than 5,000 should not be liable for damage when a person Is Injured on a de tective sidewalk unless a notice of condi tion of walk-has been filed! with the city authorities five days previous.. ROUTINE PROCEEDINGS OF HOISE Much Work Dome la Committee of the Whole. (From a Staff Correspondent.) LINCOLN, Feb. 16.-(Speclal Telegram.) The house went into committee of the whola Immediately upon convening this morning and took up bills on general file, of which there were a large number. H. R. 20, by Richardson of Madison, ap propriating $35,000 for general repairs at the Norfolk ' Insane asylum. Including the re building, of the old wing, was favorably acted on, despite the protest of Jones of Polk, who wanted the bill to lay over until the Investigation committee appointed under his resolution yesterday reported. H. R. 62, by Ernst of Johnson, provoked much discussion, being an appropriation bill. Tt provided $10,000 for an agricultural pavilion at the State fair. McClay, Burns and Burgess of Lancaster, Junkln of Gos per, Luce of Harlan, Andersen of Douglas, Cossell of Otoe,, Douglas of Rock and Ernst poke for the bill, and Lee of Douglas and Horton of Keya Paha against It. The op ponents, took the position that the State fair should be self-supporting. Ernst said he was authorised to say the . THINK IT OVER. Something; Too Can gee lo Any Restaurant r Cafe. A phyatoian puta the query: Have you never noticed In any largo restaurant at lunch or dinner time the large number of bearty, vigorous old men at the tables; men whose ages run from 60 to W years; many of them bald and all perhaps gray, but none of them feeble or senile? Perhaps the spectacle Is so common as to have escaped your observation or comment, but nevertheless it Is an object lesson which cneana something. It you will notice what these hearty old fellows are eating you will observe that they are not munching bran, crackers nor gingerly picking their way through a menu card of new' tangled health foods; on the contrary they seem to prefer a juicy roast of beef, a properly turned loin of mutton, and, evea the deadly broiled lobster is tiot altogether Ignored, The point of all this Is that a vigorous Old age depends upon good digestion and felenty of wholesome food, and not upon dieting and an endeavor to live upon bran crackers. There la a certain class of food cranks who seem to believe that meat, coffee, and many other good things are rank poisons, but these cadaverous, sickly-looking Individuals are a walking condemnation of their own theories. The matter in a nutshell is that if the stomach secretes the natural digestive Juices In sufficient qualities any wholesome food will be promptly digested; If the stomach doos not do so, and certain foods cause distress, one or two of Stuart's Dy. pepsla Tablets after each meal will remove all difficulty, because they supply just what every weak stomach lacks, pepsin, hydro chloric acid, diastase and nux. Stuart's Dyspepsia Tablets do not act upon the bowels, and in fact are not strictly a medicine, ua they act almost entirely upon the food .eaten, digesting it thor. oughly. and thus gives a much-needed rest and giving an appetite for the'nsxt meal. Of people who travel nine out of ten use Btusfi Dyspepsia Tablets, knowing them to be perfectly ssfe to use at any time and also having found out by experience thai they are a safeguard against Indigestion in any form, and eating, as they have to, at all hour and all klnde of food, the travel ing pub'.lo for years have pinned their faith to Stuart's Tablets. All druggists sell them at CO rents for full-slsed packages, and any druggist from Main to California, if his opinion were asked, will say that Stuart'a Dyspepsia Tablets is the most popular and successful remedy for any stomach trouble State Board of Public Lands and Buildings would give $5,000 toward this purpose if the legislature gave $10,M. The bill, until amended, called for $15,000. Douglaa pointed out the appropriation meant only I cent per capita. , The bill was recommended for passage. H. R. 110, Junkln a anti-trust bill, was amended so ss to have suits brought under this act for its enforcement in the state and not county courts. The bill has been recommended for passage. . R. 164, by McMullen of Gage, appro priating ( $30,000 for the purchase by the state of 6,000 sets of Cobbey's Annotated Statutes, to be sold, on application, for Is a art. brought forth the usual appropria tion debate. McMullen spoke for the bill Windham offered an amendment to cut the number of statutes to 2,000 and the appro nrlatlon to $12,000. Jackson of Antelope op- Dosed the bill even if amended. Jones of I Polk Voiced Jackson s plea not to set up any man In the book or any other business Jackson moved to report the bill for In definite postponement. Voter of Cedar spoke for the bill with the Windham amendment. McClay of Lancaster spoke against It. Jackson's motion prevailed, (0 to 14. H. R. 175, by Howe of Nemaha, making obligatory the present county fair law with respect to the county board appropriations was recommended for passage. S. F. 8, by Beghtol of Lancaster, to make ' the county surveyor the county engineer the battlements for a time, and progress finally was reported on It. "We need It and you know It and we ought to have It," was the Impressive ar- ! gument used by Peabody of Nemaha this afternoon in supporting H. R. 136 by Howe of Nemaha, appropriating $32,000 for a library at the Peru Btate Normal school. Howe made a speech for his bill. Tucker of Douglas supported it McLeod of Stanton, In speaking for the bill, said: "I went to Peru prejudiced against lt, but I had that prepudlce removed by a closer knowledge of the place." "I don't know why you should have gone there prejudiced against the place when i you got your wife from there," retorted Peabody. The remark provoked a hearty laugh. The bill was recommended for passage. H. R. 195, by Rouse of Hall, requiring saloonkeepers to give guaranty bonds of $5,000, was recommended for passage, but Horton moved to except It from' the com mittee's report and have the bill recom mended for Indefinite postponement. The speaker took the floor In defense of the bill, calling Perry to the chair. In ex plaining the bill the speaker said the pur pose was to make bonds given by saloon Keepers substantial and responsible bonds. He added that the Idea was to make It possible for a "widow who sues a saloon keeper to be able to recover damages." Horton's motion was lost, and the bill reported for passage. Burns moved to except H. R. 169, his bill to allow university resents to condemn land for university purposes, which had been reported for Indefinite postponement and recommended It for passage. MoClay was allowed to speak for the bill under suspension of the rules. Burns' motion prevailed. At 4:36 p. m. the house adjourned. These bills were Introduced: m!t'FmJ9SLrby EPPereon of Clay and Me serve of Knux-To establish a State En gineers' Examining board. n".S . "yOlirigan of Holt-To amend ?" ?i !(Lr'.ula,5 ""L Purchase of supplies and to create a Board of Control therefor. iJ .i,bo?rd i." composed of the members of the Board of Public Lands and Build ings and Is authorised to purchase sup plies In wholesale quantities. P 8- .' by cdy- by request To al low the Btate board to grant certificates to osteopaths when latter have diploma from a school of osteopathy. DOINGS OK THE LEGISLATORS Lumbermen and Coal Dealers Explain Holding- l'p of BUI. (From a Staff Correspondent.) LINCOLN, Feb. 1. (Special.) The legis lative committees of the Lumbermen's as sociation and the Coal Dealers' association have taken the responsibility of withhold ing from the senate the bill they prepared and requested Senator Fries to introduce to require railroads to pay a demurrage to shippers. Today these committees sent out this resolution clearing Buna tor Fries of the charge of holding the bill as a club over the railroads to get them to come to time. The resolution reada: We. the undersigned representatives of the Nebraska Lumber Dealers' association and of the Coal Dealers' Association of Iowa and Nebraska, having met the repre- sen tat Ives of the car service associations and agreed upon mutually satisfactory rules governing the assessment and colter- ...... n'n'.c., uu unreiiy re quest Senator M. L. Fries to withhold the , - - -. ul.u,ic1) , , , 1,1 rjieu ay rep resentative of our associations and placed' ... . ,, tHuvuuuiivu ueiure me legislature of Nebraska. : This Is signed by George W. Baldwin, T. U. Whlffen and P. C. Cornell for the lum ber dealers, and John T. Dorgan, R. K. Brown. E. O. Halstead and George W. Baldwin for the coal dealers. A bill' was Introduced In the senate this morning by Cady of Howard, by request, which, If It becomes . a Jaw. will allow osteopathlsts to secure a certificate from the state medical board to practice their profession In this state when they file with the board a diploma, from som school of osteopathy. A bill affecting engineer was Introduced In the senate this morning by Epperson and Meserve. It provides for a state en gineers' examining board to be composed Of the governor, attorney general and auditor, it shall be the duty or this board to examine and grant lioenses to every per son who operates a traction or stationary engine. The board shall appoint a secre tary who has had five years' practical ex perience and who shall receive $6 for each applicant he shall examine. Lee of Douglas, one of the "wits" of the house, provoked hearty laughter this morn ing at the expense of the Lancaster dele gation during the course of a debate on the Ernst bill calling for an appropriation of $10,000 for the establishment of a Uve strak pavilion at the State Fair grounds. All the Lancaster county members per sistently fought for the bill and It became a matter of acceptation among many of the members that It was distinctly ',a Lincoln affair. Leo was opposing the bllL "J.t is interesting to see how these Lin coln fellows are lighting for this bill," he ssld. "You will notice, gentlemen, that nothing Inspires the eloquence of a Lincoln man like an appropriation." The remark, which came spontaneously from the Hps of the Irish statesman, struck the house as being so apt that every mem ber present, even those from Lincoln, greeted It with laughter. Proceeding In his argument against the bill. Lee said In a facetious vein: . "These Lincoln chaps always come to this legislature every time they want any thing. How different it Is in Omaha. L'p there the people wanted a big publlo meet ing place and what did they do, go to the legislature with a request that the state build ItT No, sir. The people them selves, out of their own pockets, subscribed funds and built the magnificent Auditorium. And now, gentlemen (this to the Lancaster county delegation), if you want to exhibit your fine bulls, bring them up to Omaha and we will let you show them in our Auditorium." "Colonel" McClsy of Lancaster is noth ing If not methodical. In speech and action he clings rigidly to discipline. He Is the "flag champion of Lancaster." He Is a veteran of the civil war and always found In the forefront when It comes to anything with a military .or patriotic sound to it. Ills painful devotion to discipline has been attributed to his service as a soldier. One of the Idlosyncracles which has fixed Itself so thoroughly upon the colonel Is a certain little sentence with which he Invariably prefaces his remarks on whatever subjecj Is undea, discussion. It Is this: "Mr; Speaker (or chairman, as the occa sion may be), It scarcely seems necessary for me to speak on this matter, but" And on that "but" hangs the tale. For a time at least the binding twine factory project Is asleep. Sheldon of Cass this morning In the senate moved to not consider the bill passed by the house until after It had acted on the appropriation bills. The motion waa adopted without a dissenting vote. B. 8. Mickey, executive clerk to the gov ernor, his father, wants it distinctly under stood that he is not and never has been a candidate for the position of state account ant contemplated in a bill Introduced In the house by Jackson of Antelope. The governor In his annual message advocated the c -eat Ion of such a position, and somo of his critics at the time said hie son was a candidate for the place. "I have never thought of the thing, let alone betr.g a candidate for the place," says Mr. Mickey. At least five individuals in Lincoln have managed to get themselves In a very un favorable light before certain legislators who make it a rule to keep their "weather eye" out for the kind of work these men are said to be pursuing. The "holdup" lobbyist Is said to be a common thing with all legislatures and because of these men this legislature Is said to be no exception to this rule. There may be more than five of this class of lobbyists, who, as recognized lobbyists who come here as ths official rep resentatives of some corporation of public Identity, are despised, but five at any rate have been here so constantly and have been watched so closely that by common consent they have come to be classed as the leaders of this variety of coachers. They clique together, so to speak; stop at the same hotel, habitually visit the same places and their handiwork Is discernible In more ways than one. They are believed to be at the bottom of more than one measure pending before the legislature. But be It ssld to the credit and honor of the ma jority of this Jeglslature there Is an evi dent, unmistakable feeling that proper steps should be taken to rid the legislature, once for all (by making an example or two), of this pernicious breed of lobbyist. MESSAGE TO THE SENATE (Continued from First Page.) name, but in fact independent and self governing. I call attention to the urgent need of prompt action on tnis matter. We now have a great opportunity to secure peace and stability In this Island without friction or bloodshed by acting In accordance with the cordial Invitation of the governmental authorities themselves. It will be unfor tunate from every standpoint If we fall to grasp this opportunity. For such failure will probably mean increasing revolutionary violence In Santo Domingo and very pos sibly embarrassing foreign complications In addition. This protocol affords a practical test of the efficiency of the United States government in maintaining the Monroe doc trine. THEODORE ROOSKVELT. The White House, February 16. 1906. PEABODY BEGINS REBUTTAL Witnesses from Little Russia Testify that the Ballots Were Chanced After They Voted. DENVER, Feb. 16. Former Governor Peabody today began to introduce- testi mony in rebuttal In his contest for the office of governor, now held by Alva Adams. Nme witnesses from precinct S, ward 16, known as "Little Russia," testified that they had voted the republican ticket, though the ballot whose numbers corre sponded with their names on the poll books bi tho ballot box were democratic. Only three of these witnesses had written their ballots without assistance from the judges. Two of the three identified (heir ballots among those unchallenged by the experts. They bore the heading "Republican," but the numbers on them were different from those entered in the poll books. The books were In a confused state, and It waa shown that in several cases different numbers ap peared against the same name In the books. Five witnesses from precinct 6, ward 12, one of the finest resident districts, were ex amined. The numbers on the ballots in this precinct and in the poll books were also evi dently carelessly kept, as in every case the correct ballot was found by the witnesses properly numbered, according to one poll book, but incorrectly according to the others. By mutual consent two democratic bal lots, both marked with the same number, were put in evidence. The committee ad journed until tomorrow afternoon. SENSATION IN WEST VIRGINIA Statement that Paid Whisky Lobby Has Made a Deal with a Legislative Combine, t CHARLESTON. W. Va., Feb. 16. An other sensation was created in the West Virginia legislature today, when a news paper article alleging a coalition of demo crats and recalcitrant republicans brought about by paid whisky lobby was pre sented to the senate. An unsuccessful ef fort was made to send the story to Gov ernor White to incorporate It in his spe cial message to the senate, which was re turned to him to supply omissions yester day. The message was not returned to the senate today as expected. Headache and Neuralgia from Colds. Laxative Bromo Quinine, the world wide Cold and Orip remedy, removes the cause. Csll for the full name and look for signa ture of E. W. Grove. 26c. Chief of Police is Suspended. BAN FRANCISCO. Feb. W.-Aa a result of the recent acamlala In the police depart ment In connection with gambling In the Chinese quarter Chief of Police Wlttman nas bten suspenoa irom amy on charges vi uuiy. of incoiupoteuoy and neglect HOUSE SENDS BILL BACK Senate's Amendment of Agricultural Bill Alleged to Be Improper. IT ORIGINATES REVENUE LEGISLATION Vote to Return, Measure with State ment that It Infringes Privilege ( House is Nearly Caanlmous. WASHINGTON, Feb. 1.-The naval ap propriation bill today further occupied the attention of the house for a major portion of the sessloa, but the debate was without particular Incident and no material amend ment waa adopted. Its consideration had not been concluded. When adjournment was taken. Before taking up the naval bill the house entered an emphatic protest against the ac tion of the senate In amending the agricul tural appropriation bill so as to Intercept the drawback. feature of the Dlngley tariff act affecting wheat By a vote of 361 to 6 the bill was sent back to the senate with tho statement that Its amendment waa an Infringement of the constitutional privilege of the house to originate revenue legisla tion. Both Mr. Payne of New York, the majority leader, and Mr. Williams of Mis sissippi, the minority leader, urged that ac tion. Panama Bill Passed. The Mann bill to provide a government for the canal lone was passed without fur ther discussion. The bill gives all the right of government of the canal xone to the president until tbe end of the next con gress, but provides that the government shall be so exercised as to protect the in habitants in the free enjoyment of their liberty, prosperity and religion. It abolishes the Isthmian canal commission and places the work of the construction of the canal In the hands of the president and such per sons as he may appoint and employ. It does not undertake to determine whether the canal shall be constructed aa a sea level or lock level waterway. It Is also provided that the persons ap pointed by the president, both In the gov ernment of tho canal sone and In charge of tho. work of construction, shall make an nual estimates In detail as far as possible of the sums needed for the ensuing fiscal year, and says that after June 10, 1906, no money shall.be expended on the canal or canal sone government except In accord ance with appropriations hereinafter made, thus doing away with the lump sum appro priation carried by existing law. Frequent reports to the president and to congress of ths progress of the construction, as well as the expenditures of money, are required. The bill authorizes the president to re tain the commission as a commission, or Its individual members as consulting en gineers If he shall so desire. Authority to condemn 1,034 shares of stock in the Panama railroad, now in the hands of private owners, is carried In the bill and the president Is authorised when com plete control of the land n secured to operate It through such persons as he may select, in order that the road may be used as far aa is necessary as a part of tho construction work on the canal. In the house today a bill was passed making applicable to the Panama, canal one all laws affecting imports and the entry of persona,- into the United States after which the naval appropriation bill was taken up. It was brought out during a discussion of the paragraph providing for the purchase of torpedoes that the navy had on hand at this time only a sufficient number of torpedoes to permit of but one hot to each torpedo boat. Agricultural Bill Sent BacU. The Payne resoluttbn sending the agricul tural appropriation bill back to the senate because it contained original legislation effecting the revenues waa adopted on a roll call, 261 to 5, . . The bill to ratify and amend an agree- ment with the Indians of tbe Shoshone or Wind River reservation,' In Wyoming, was passed, after eliminating the provision granting a preferential privilege to Asmus Bayaen to select 640 acres of mineral and coal land within that reservation. Rising to a qaestlon of privilege, Mr, Payne (N. Y.) offered a resolution regard ing the action of the senate in adopting an amendment Interpreting the Dlngley act with reference to drawbacks on wheat. The resolution waa aa follows: Resolved, That the amendment No. tog, added by the senate to the house bill. H. R, 18, In the opinion of the house, con travenes the first clause of the sev enth section of the nrsi article of the consti tution of the United States, and Is an In fringement of the privileges of the house, and that the said bill, with the amendments, be respectfully returned to the senate with a message communicating mis resolution. The reading of the resolution waa greeted with applause. In explaining the senate's action Mr. Payne said the amendment abolished the drawback clause In the Dlngley bill on wheat imported into the United States and afterwards manufactured Into flour and ex ported. He said he did not intend to dis cuss the merits of the amendment, whether it was wise or unwise. He was loudly ap plauded by both republicans and democrats when he asserted that the main question was "whether that clause In the constitu tion which declares that all bills tor raising revenue snail originate in the house shall be cherished by this house as one of Its privlleses." The question, he said, also was "whether we will resent any infringement from any source of that clause of the constitution." Mr. Payne called attention to the fact that the house unlformy had Insisted on lta rights as guaranteed by the constitution aud read a number of precedents in proof of bis assertion. Mr. Payne said that the right to originate revenue legislation was a sacred one of the house. He declared that "none could be originated, none should be" and, be added, "none will be originated In the other body if the hoiue stands by Its right and privileges guaranteed by the constitution." Mr. Williams (Miss.), the minority leader, alluded to the action of the senate "in en gaging In a strenuous effort to prevent a real or supposed attack by the executive, a ucurpation, la the opinion of the senate, upon its 'function and dignity' and said It waa a peculiar Inappropriate time for the senate to attempt 'to make a plain, palpable, obvious and aggressive attack upon the dignity of the house.' " Except in connection with legislation af fecting the revenue, Mr. Williams said, the bouse stood as a body composed of a great many house committees and that all it did was to prepare legislation in some shape or other and send it over to the senate, aa waa done with the rate bill, "to be put Into the shape that even a majority of the house desired." Mr. Williams charged the republicans with being afraid to touch the Dlngley law. Instead of making changes through legislation be declared It was being done by executive construction.' Mr. Payne denied a statement by Bpald Ing (N. D.) that there had been many vio lations or infringements of the privileges of the house by the senate in the matter of revenue legislation. The resolution waa adopted on a yea and nay vote, Ml to 6, those voting against it being Messrs. Davis and Volstead (Minn.), Adams (Wis.), Mas shall (N. D.) and Jones (Wash), all re publicans. Naval Bill Taken l'p. When the Item appropriating $150,000,000 for the purchase and manufacture of re serve guns for ships was reached, a lively discussion ensued over the subject of gov srnmental manufacture of guns, an amend ment by Mr. Hill (C'onu.) to eliminate the authorisation that the government manu facture the gurvs being rewnsible for the controversy. In supporting the amendment Mr. 8lbley (Pa.) declared that government manufacture of guns tended In the direction of socialism. He thought it well to go lowly. In that direction so that society might have a chance to adapt Itself "to the marvelous changee pending." Mr. Hull (la.) said If the amendment wna adopted It would close the gun shops In Washington. The amendment was opposed by Messsr. Talbott and Mudd (Md.) and W. W. Kitchen (N. C.) It was defeated. An unsuccessful attempt was made by Mr. Fltsgerald (N. T.) to strike out the appropriation of $300,000 for coaling stations. Mr. Baker (N. T.) declared that the propo sition for coaling stations had Its inception "in going out and looking for trouble." Such stations, ho Contended, stimulated the desire for war, and war stimulated the business of the Cnrnegles, the Krupps, the Armstrongs, Msxlms and others. On a point of order the provision for a survey and estimate of eowts for a channel Into Welles harbor, Midway islands, was stricken out. The naval bill waa laid aside and several minor bllla were passed. At 8-06 p. m. the house adjourned until U o'clock tomorrow. PROCEEDINGS OF THE SENATE Debate on Admission of Swayne's Statement. WASHINGTON, Feb. 16. Aside from two hours spent in routine business the senate today gave Its entire attention to the Swayne impeachment trial. Two hour and a half of the time given to that case was pent behind closed doors considering the admissibility of a statement made by Judge Swayne before a committee of the bouse of representatives. , The point was argued at length by a number of lawyers of the senate. It in volved construction of the statute of 1862, which provides that a statement made by a witness called before a congressional com mittee cannot be used against him In a criminal proceeding In a court. Senators favoring the admissibility of the statement as a rule contended that the Impeachment proceedings are not criminal In eharacter and that the senate sitting for the trial of Judge -Swayne Is not a court In the sense( in which that word Is used In the statute. Mr. Bailey presented this view at length. Mr. Spooner, who agreed with him as to the admissibility of the statement, took Issue with him on the points mentioned, but based his plea on the fact that Judge Swayne had appeared voluntarily before the house committee, arguing that in doing so he removed himself from the protection of the law. On the other hsnd, Messrs. Foraker and McCumber contended that the statute is so brosd In scope as to apply to witnesses. They said Its purpose was to protect witnesses against the sense of fear In giving testrrJony before congressional committees. Mr. Bacon, who had previously voted against the admissibility of the Swayne statement, today spoke in support of Its acceptance, saying that an examination of the statutes had convinced him, of his error on the previous occasion. M. Clarke of Arkansas was speaking when the senate took a recess until .11 o'clock tomorrow, with the 'ntentlon of proceeding with the case Immediately on convening. Only two witnesses were examined today and when they were excused the house members announced that they would close their case with the testimony of one more witness, who has not arrived in the city. Meanwhile the case of the respondent will be presented as soon as the legal point in controversy is settled. LOCAL PRINCE BRANCH RUNS Haa No. Advice from Parent House and Continues Doing a Light Business. The local branch of the E. H. Prince Commission company, which is reported to have failed In Chicago is still receiving the grain market quotations In the Board of Trade building and is without information as to the condition of the house. Telegrams have been sent to Chi cago, but as yet no answer has been re ceived and the management of the local branch haa only - the press dispatches to rely on. It is hoped, however (as these say the trades have been transferred to another house), the customers have been protected. It Is estimated In the building only about $2,000 loss will follow a complete failure. The bouse enjoyed a good busi ness, but at the present time had no large trades on In Omaha. The loss will be di vided among a number of speculaters. The Prince company has forty-eight houses In the country. In Nebraska it was not very largely represented and had no branch at Lincoln. RENEW FICnT ON SHAME Russian! Lead in Offense on Positions of Japanese in the Forth. ISLANDERS TELL OF THE ENGAGEMENTS Maarharlau Headquarters- Reports Repulse of Japanese Infantry Retreat of Cavalry and Fir ing Vpon One Villus. TOKIO, Feb.' 16. The following dispatch was received today from the headquarters of the Japanese armies in Manchuria: In the direction f the Shakhe river our artillery, February 14, bombarded Chlen sunmupaotsu and set ftre to that village. The enemy's Rrtlllerv In the neighborhood of Ban Chengtsu mountain replied. During the night of February 14 a section, of the enemy's Infantry attacked Waitao mountain and a dnwn February 15 a bat talion attacked Waitao mountain, but the Russians were entirely repulsed. In the direction of Chltaltiu In the morn ing of February 15 fH of tlio enemy's cavalry advanced Into Bantalta from Skeng tsalmen, three miles northwest of Chitaltsu. Another force of cavalry advanced south along the right bank of the Hun river February 14 and passed the night in the neighborhood of Chenchlawatsu, placing outposts In the vicinity of Kavehangtiu. Bofore the arrival of our detachment dis patched to dislodge the enemy his force began to retreat north. Our detachment quickly pursued him toward Helyukon, in flicting somn damage. The enemy's ar tillery, taking up a position In the neigh borhood of wanchlnwopeng, covered his retreat. The enemy's strength wss about ten squadrons of cavalry and artillery. Japanese I'se Siege (Inn, MUKDEN, Wednesday, February 15. The Japanese fired Tuesday and are firing today on Poutiloft hill with eight-Inch guns, car rying 250-pound projectiles, indicating that they are siege guns used at Port Arthur and the first to be mounted In position be fore the Russian lines below Mukden. A new situation, therefore, confronts the Rus sian center and the general situation ap pears to have been rendered more uncer tain and complicated .by the battle of Ban depas and the arrival of open weather, in dicating an early spring. At some parts of the lines there Is unusual familiarity. Russian and Japanese officers In parties entertain each other. At Sinchlnpu the Japanese cheer the Russian band. Noncombnttants from Port Arthur. CHE FOO, Feb. 16. A steamer with 117 noncombatonta arrived here today . from Port Arthur. Very few noncombatanta now remain at that place. Convalescent soldiers numbering 2,500, will begin arriving at Che Foo February 20. The local Rus sians are Indignant, claiming that they are unable to care for the healthy, let alone Invalids. The Japanese say they lack means of transport to take the invalids to Shanghai. Chinese aad Russians Fight. ST. PETERSBURG, Feb. 16.-A telegram from Saehetun reports that a fatal affray has occurred between the Ruselans and Chinese at a village forty miles northwest of Saehetun, where a party of Russians went on a foraging expedition. The vil lagers seized the Chinese Interpreter with the Russians and a fight ensued, during which a Chinaman was killed. The vil lagers killed the Interpreter and fled. General Grlppinburg, recently com mander of the second army in Manchuria, arrived here at midnight. Danes Will Watch Russians. COPENHAGEN, Feb. 16-Two Danish torpedo boats are waiting at GJedesby to escort the Russian Third Paclflo squadron through Danish waters. FTdle Funds May find temporary employment and bear 4 interest if deposited with the City Savings Bank H M RECEIVER FOR E. H. PRINCE Creditors o4 Commission Merchant Allege that He Made Prefer ential Payments. CHICAGO, Feb. l.-Credltors of Earl H. Prince, the Chicago commission merchant who transferred his open "trades on the Board of Trade yesterday, today filed an Involuntary petition In bankruptcy to have Prince declared bankrupt. William H. Beebe was appointed receiver of the as sets of the concern by Judge Kohlsaat in the United States district court. It la charged in the petition that Prince made preferential payments to many of his cred Itora, thereby Jeopardising the claims of the petitioning creditors, who appealed to the court for protection. Receiver BeebeV bond was fixed at $20,000. AMERICAN LEAGUE MEETING Directors Dlseuss the Proposed Series' of dames (or World's Championship. NEW YORK. Feb. 16. The represent atives of the American league discussed the agreement and rules covering the pro posed world's championship series be tween the winning teams of the two majo leagues at their meeting today. ' No opposition to the changes suggested by President Pulllam of the National league developed. The change In ownership of the Washing ton club and the transfer of the fran chise were approved. The National league's playing schedule was favorably dlxcussed. Both the National and American lee sue representatives met tonight and a confer ence waa held on the proposed amendments to the national agreement proposed by the American association. No action was taken, the matter being left for action by the national committee. Rules and regulations for the world championship series were agreed upon by the National league. The American league men considered the rules and regulations for the world's champlonahlp series rati fied by the National league. It is under stood these rules will be approved and that a world's series Is assured. The Na tional league adjourned, but the American league will meet again tomorrow. Anierleaa gkater Wlas. TORONTO. Feb. IB Morris Wood, the American champion skater, defeated Fred J. Robson. the Canadian chamolon. in a series of races, 2JU yards, half-mile and mile. Wood won all three events easily. The time for the 2M yards was 0:21, half mile 1:7 and mile I. Id. Lumber Associations Merge. BURLINGTON. 11 Feb. 16--The South ern Iowa Lumbermen's association and the Northern Missouri and Southern Iowa Lum bermen's association Were combined today under the name of the Boutheastprn Iowa Lumbermen's association. The following officers were elected: President, B. H. Wright, Keots, Is.; vice president, A. J. Reaney. Columbus Junction, la.; oretary tre&aurer, C, M. Purler, Ukaluu RUSSIAN WOHKMH AGAIN ACT Hefase to Resume Places I'ntll Men I'nder Arrest Are Released. ST. PETERSBURG, Feb. 16. The em ployes of the Putlloft Iron works appeared at the works today, but instead of resum ing their tasks demanded aa a condition of going to work the release of their com rades who are under arrest. Similar action Was taken by the men of the Neva works. Upon other grounds the workmen again went out at the Franco-Russian works, the Russo-Amerlcan Rubber works, the St. Petersburg Car works and the Nicholas railroad shops. Considerable mystery sur rounds the recrudescence of the strike movement, It being rumored that Father Gopon Is again directing operations through his lieutenants. LODZ, Feb. 16. The manufacturers at a meeting this evening resolved to telegraph full details of the situation to the minister of finance. Twenty-five factories, among them some of the largest in Lodz, paid off their men today and closed indefinitely. The men dismissed numbered 40,000. Some other mills which previously had closed re fused to pay the strikers, who demanded money claimed to be due them. At one mill which thus refused yesterday the strikers spent the entire night around the office. The city la quiet this evening. S. E. Cor. 16th & Douglas Sts. MISSOURI PACIFIC IS ALONE No Local Road Has Yet "Met Its Latest Redaction of Rates oa Grain. Whatever the other lines are doing. 'if anything, -to meet the corn and oats mica announced Wednesday by the Missouri Pa cific to points In Arkannis, Louisiana and the south, the snme has not yet been given out. It Is stated by one railroad man that the St. Louis & Sun Francisco Announced a rate of 12 cents per hundred on corn and oats from Kansas City to Texarkana and Shreveport, and that some of the lines south of Kansas City would cut the Kansas City rate t cents under, the Omaha rale, no matter what ths latter might-be. In this connection the Missouri Pacific peoplo said they have reduced the differential over Kansas City S cents, which would benefit the Omaha grain market and place tho Omaha and Kansas City rates to the terri tory mentioned on the same basis. A Burlington man snld: "I understand the matter Is under consideration by this company, but nothing has aa yet been announced." MAN TAKEN FROM OFFICERS Mexican Accused of Criminal Assault Probably Hanged by Mob at Dale, Texas. HOUSTON. Tex., Feb. 16.-A mob near Dale, Caldwell county, took an unknown one-eyed Mexican from a constable and deputies tonight and spirited him away Into the woods. It Is presumed that the Mexican has been hnngt-d. The officers offered resistance and emptied their pis tols. It is not known whether they hit any one or not. The Mexican assaulted Mrs. Myers, wife of a farmer living between Dale and Lockhart this afternoon. STHAMEK PARISIAN FOUNDERS Report that Vessel ginks in the Sea Near Liverpool. MONTREAL, Feb. 16. H. and A. Allan, agents of the Allan line steamers, today made a statement to the effect that tho steamship Parisian had foundered at sea, noar Liverpool. They say the Parlslun sailed from Movllle, 180 miles west of Liverpool, at 2 o'clock, February 10, and la not due to arrive at Halifax until Sat urday, February 18. Betrothal of Grand Duke. COB una, Feb. 16,-The betrothal la an nounced of the duke of Saxe-Coburg to the Princess Victoria, eldest daughter of Duke Frederick of Schleswlg-Holsteln-Bon-derburg-Olucksburg. The princess Is a niece of the German empress, while the bridegroom-elect is a nephew of King Ed ward of England. - SUMMERS FOR THE DEFENSE Former I'nlted States Attorney Ap pears for Bootleggers la - Federal Court. The entire afternoon waa spent yesterday In securing a jury to try the saloon con spiracy cases In the United Btates district court. The cases to be tried are those of Sherman Ennls and Ed Lulkhart The at torneys for the defense are W. S. Sum mers and John Lindsay, while the govern ment will be represented by United States District Attorney Baxter and Assistant DIs trlot Attorney Rush. This will be the- last of the cases tried by the present term of court. The case will go to trial ti.'.z morning at 9 o'clock, and from the number of witnesses sum moned It looks as If It will occupy the re maining days of the week. Among the wit nesses for ths government Is the famous Father Schell. If you don't drink Ghirar delli's Ground Chocolate you are denying health and taste. No cocoa preparation is richer in the nerve, brain and musclebuilding elements nor possesses the smooth, rich, delicious flavor of Ghirardelli's. Best for cakes and pastry. . ' AMUSEMENT TOMGHT SATlHIAY AND SATt'B DAY MATINBB. HELEN GRANTLY IN HER GREATEST SUCCESS HER. LORD AND MASTER MATINEE, 25c, 60c, 75c. Coining AM DlttS W MACK. t ORIiaNT I'HONE 404, Every Night Matinees Thursday, Saturday and Sunday. MODERN VAUDEVILLE ; McMahon's Minstrel Maids snd Water melon Girls. Chlng Lan Foo Troupe, Cun .ha .Tall Mreaker. Kleanor KftMce. Gardner and Stoddard, Dancliur De Mutlis, Lindsay's Dors and the Klnodrnme. j, rniLCa UU UIJU uw. KRUG THEATER . PRICES. J 5c. 16c, 50c and 75o. TONIGHT AT WilR Melville H. Raymond Pienrnts THE! KI.INOItK HINTUIIS In the Muslral Kxtravuganxa MRS. WEI.ANKY OK NfcWroHT. A polite satire of Newport society. ft,m-New Dunces B1T Choru Fynny Con.euiuns. ,ririI Sunday i rie. Gold Shipment to Cuba. wv.w YORK. Feb. 14. The National City bank shipped 12.000,000 In gold certificates A PnKa tnrtiiv us one of the final install. menta of the Speyer loan to the Cuban government. i s-i s Oim.CoM IbOm Day, GritTuS Da fro ?3 Auditorium, Thurs. Evening, Feb 23. YSAYE World's Greatest Violinist. Direction Conrert Promoters. Prices 60c, 75c, $1.0". 11-60. Box ortli opens Tues day morning at 10. Roller Shading . AT THE -. Auditorium AFTERNOON AND EVENING. Delicate (Oyster Patties at the Calumet FRIDAY DINNER.