TFIE OMAITA DAILY DEE: WEDNESDAY, FEBRUARY 22, 1003.
Telephone 94.
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Bee. Feb. S. 1905.
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A Brilliant Showing
of New Mohairs
Paris nays "Mohairs." The American dressmaker sajB.Mo
liaire," whieji means that it will be a great Mohair season. This
peaeon they are more exquisite in texture and coloring than erer
before such nhades and color combinations as you pee. in beauti
ful Bilks. We advise an early selection. The better poods are
made In Bradford, England. There is only a limited quantity of
the finer fabrics and if you wait too long you will surely be dis
appointed. We mention below just a few of the newcomers:
New English Novelty Mohair
Tiny da slip of color, small nubs of mohair nnd color schemes are made
of shining glossy mohair that Riven life and sparkle to the goods; a most
beantlful lino at f 1.00, ?1.2o, $1.00, $1.73 a yard.
Plain Brilliantines and Sicilians
Stylish and dressy simply tells the story; there is absolutely nothing that
will take the ptnee of these pretty fabrics this season; handsome, rich silk
lustre; light, weight, tucks and plaits beautifully; M)c, 70c $1.00, $1.25 a yard.
Special Value Plain Sicilian at 50c a Yard
No matter what kind of goods you hare seen, here is one of the finest
values we have erer called your attention to; in shades of blue and brown
only; 44 inches, handsome rich lustre. You would call theui fino value at
75c; our special price, 5Pc a yard.
7honP5QN.
Beldem,Gq
y.JlC A Bulldimr. Cormer Sixteenth and DougUi Street.
claim and expect from It the opening up
of this whole question In such a way as
to afford, through subsequent proceedings,
adequate relief. They said when they pre
sented It It was but the first step toward
complete action. And It Is this In such a
relation that the measure arrears to be
generally considered.
Rallraads Certainly Fighting;.
"If this bill were to pass," said a well
. known lobbyist (not railroad) this morn
ing, "it would affect per cent of tha
railroads' receipts. Does any sane man,
then, mean to contend that the railroads
are not fighting the bill?"
The same opposition which the railroads
are making to the commodity rate bill is
being put forth against the other kindred
measures. The Caldwell maximum freight
rate bill will be resisted to the last. It
contemplates a general reduction, the
author maintains, of from IS to 20 per cent
In rates, embodies much of the old New
berry act snd provides for a state board to
enforce ita provisions. It Is a more com
prehensive bill than the commodity rate
bill. It is possible harmonious action may
ba taken as to the passage of one or the
other of these two bills.
"Certainly enough antl-rallroad legisla
tion has been projected to keep the corpor
ations busy from now to the end of the ses
sion," remarked a member, "and my opinion
Is the best of this legislation will be con
summated. I have no patience with this
thing of convicting this legislature of in
sincerity In this matter until the time
comes."
Lobbyists to the It ear.
Lobbyists off the floor of the house and
members in their own seats while bills are
being passed or are on third reading. Is
the rule presented by the committee on
rules and adopted by the house this morn
ing by Which Speaker Rouse expects to
overcome the confusion and disorder such
its caused him yesterday to call for ad
journment abruptly when the house was In
tha midst of an extremely busy day.
Windham of Cass, a member of the rules
committee, presented the report and ex
plained what the committee had hoped to
accomplish. He said It was not the Inten
tion or desire that members shall be obliged
to be present during the passage of bills,
but If present to bo in their own seats. The
committee was determined, however, that
all lobbyists keep out of the house while
bills were being Anally acted upon. The
report was adopted without so much as a
dissenting voice.
So far as the lobbyists are concerned,
they seemed to start In obeying the rule
better thai; the members. Not a lobbyist
dared. tramgress tho railing separating the
floor of the house from the lobby during
the entire day, but members continued to
meander from place to plane. Some of the
lobbyists took seats in the galleries.
ROUTINE PROCEEDINGS OP HOl'SK
Larare Number of Bills Passed During?
Session.
(From a Staff Correspondent.)
I LINCOLN, Feb. a. (Special.) Immedi
ately, upon convening at 10 o'clock this
morning the house adopted amendments to
y he house rules.
Rule 61. When a bill shall have been
1 mads a special order for a definite time
and an adjournment should Intervene for
a time beyond the time fixed for such spe
cial order then in that event the bill so
made a special order shall be placed first
on the general file.
Rule Si All resolutions, except by unani
mous consent of tho members present, shall
lay over for consideration until the follow
ing day; or until the next duy'a session of
the house.
Thai rule No. 11 be amended by adding
thereto the following: provided that dur
ing the third reading of bills no one but
members of the house shall be admitted to
the floor thereof and during roll call on
the psseage of bills the members present
shall he In their seats.
Ws further recommend that fOO copies of
The reason that Ghirardelli's
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nourishing is because it is a
pure product of the nutritious
cocoa bean. Ask your
doctor if he can name any
combination of nourishment
that is richer than Ghirar
delli's. Mora convenient and economical
Ihaa cake chocolate
Allay Bronohlml Irrltmtkm
mm ottoothfoty roUovo
Oougbm ana Soro Tbrot.
the standing rules of the house be printed
for the use of the members.
Speaker Rouse, Windham, Davis of Buf
falo. Gerdes of Richardson and Saddler of
Adams compose this committee.
The rules were presented by Windham of
Cass, member of the rules committee, of
which tho speaker Is chairman. These
rules were drawn as tha result of the
speaker's determination to enforce order In
the house during the passage of bills. Ha
had the house adjourned yesterday because
of confusion during this order of business.
Rev. George Scott of Wlsner. chaplain
two years ago, offered tha prayer this
morning.
The house passed these bills:
II. R. 172, by Wilson of Pawnee, trans
ferring t20,00u from the clothing fund at
the Hastings Insane asylum to the repair
and Improvement fund; emergency clause.
H. K. 169, by Burns of Lancaster, to en
able the titate university regents to con
demn lands needed for university purposes.
The emergency clause failed to pass.
H. R. 71, by Scllloy of Dodge, empower
ing cities of the second class to grant fran
chises and make contracts with power
plants.
H. R. 20r by Burns, to prevent printers
from publishing more copies of books,
pamphlets, etc., than ordered. Emergency.
8. F. 14. by Jennings of Thayer, regula
ting the amount of bonds which school dis
tricts may Issue.
H. R. 173, by Cropsey of Jefferson, au
thorizing county boards to appropriate WOO
a year for farmers' Institutes.
H. R. 192, by Rouse of Hall, to allow
surety companies to be surety for a public
officer for more than two successive terms.
11 R. 196. by Rouse, to exact a penal bond
of Jo.ax) from an applicant for a saloon
license before such license Is Issued.
H. R. l&l, by Rouse, permits state and
county treasurers to require guaranty
bonds from depository banks,, whereas now
they may only require personal bonds, and
It legalizes Burn guaranty bonds.
H. R. 48. bv Warner of J.anrnntpr re
quiring a uniform examination under direc
tion of the State Board of Education for
all applicants for state teachers', certifi
cates. (This was the bill which Speaker Rouse
had so tenaciously fought. He voted
against it today. The vote stood TO to 15.)
H. R. 62, by Ernst of Johnson, appro
priating $10,000 for an agricultural pavilion
at the state fair grounds.
H. R. 180, by Kyd of Gage, requiring
school districts to estimate the money
needed during the coming year Instead of
milking a levy. Emergency clause.
11. R. 212, by KnoT of Buffalo, to allow
mutual insurance societies, to amend their
charters after twenty years so as to issue
five-year policies.
H. R. 217, by Gllem of Red Willow, to
provide for payment of outstanding road
district warrants and to liquidate all in
debtedness against road districts. Emer
gency clause.
H. K. 204, by Casebeer of Gage, providing
that any person insured In a mutual com
pany, except In case of notes acquired by
this act to be deposited at the time of its
organization, may at any time return the
policy for cancellation and on paying
amount due on his premium note and be
discharged from further liability. Emer
gency clause.
H. R. 237, by Casebeer of Gage, to re
quire members of legislatures to makn out
written applications at the first of each ses
sion for leglsltlvc supplies.
H. R. 190, by McClay of Lancaster, ap
propriating $10,000 to reimburse Thomas P.
Kennard.
The house decided to decorate the speak
er's stand tomorrow,. Washington's birth
day, with flowers snd flags and celebrate
by working hard all day.
At 4 p. m. the house sdjocirnsd.
The house adopted a resolution today
that when it adjourns Thursday it be until
Monday at 2 p. m.
8. F. by Jones of Otoe, providing
that where a community gives a bonus of
land for an Industry the town or village
shall have a lien on the property for
twenty years.
On motion of Jenny the house and senate,
from I until 4 tomorrow, "will listen to the
farewell address of Washington read by
Assistant Secretary Oreevey.
The farmers' Institute of Kearney and a
number of Thayer county farmers were
to the front this morning with a petition
to the senate requesting that H. R. 49 be
passed. This is. the. Mil to establish a
binding twine plant at the penitentiary.
At the afternoon session S. F. 75 was
passed. This Is the Thomas negotiable note
bill, defining a negotiable Instrument.
Among the bills reported for general file
was H. R. K the Omaha water board bill.
This was amended by the standing commit
tee. The senate resolved Itself Into a commit
tee of the whole with Good of Nemaha
In the chair.
H. R. 3 was recommended for passage.
The bill provides there shall be appointed
by the supreme court commissioners not
to exceed six.
8. F. R3, by Cady, to prevent Impersonat
ing of lodge officers, was recommended for
passage.
ROITISE SENATE PROCEEDINGS
Blacksmiths' Lien Law ts Laid Away
for Good.
(From a Staft Correspondent.)
LINCOLN, Feb. 21. (Special.) The senate
this morning in the committee of the whole
indefinitely postponed the blacksmith lien
law bill, and recommended for passage the
South Omaha sewer' bill by Gibson. In
his statement regarding the bill Gibson
aid he had found much opposition to it
in South Omaha for the reason that It
provided the council could Issue $250,000
worth of bonds without first submitting Uie
proposition to a vote of the, people. For
that reaaon he proposed an amendment re
quiring the proposition to first be sub
mitted to a vote before the ordinance be
comes effective. The amendment carried
and the bill was ordered engrossed for a
third reading. ,
The blacksmith lien bill provided that for
work on any kind of vehicle or for shoeing
a horse or other animal the workman
should have a Hen on the animal or ve
hicle should his lien be tiled within four
months. Cady of Howard Introduced the
bill by request and spoke for its passage.
Jones of Otoo believed that If the (tl 1 1 was
enacted into law without amendments It
would mean that shoemakers would have
a Hen cn persons who bought shoes without
paying for them, because he had been
taught that a man was an animal. Tucker
of Richardson made the speech against the
bill that killed It. Tucker was of the im
pression thst such a bill would absolutely
prevent the transfer of any kind of per
sonal property for the reason that the
bill provided a perpetual lien.
The senate put to sleep H. R. 75 by
Foster of Douglas providing that gasoline
cans be painted red. This bill was recom
mended for passage yesterday after a
humorous debate by a vote of 10 to . To
day It received only ten votes. '
H. R. 80 and H. R. 83 were passed. The
former regulates the practice of dentistry
and the latter provides for the construc
tion of a live stock pavilion and fish
building at tha state fair grounds.
II. R. 67 was Indefinitely postponed. This
bill provides for the printing of tha report
of the State Board of Irrigation.
Thcaa bills were Introduced and read a
flrvt time:
8. F. 208. by Meserve providing for the
appointment of three commissioners to re
vise the insurance laws of the state for
which each is to receive $a a day, the
work to be completed bjr January L, 1907.
DOING. OF THE LEGISLATORS
Bleamlal Joke of Capital Removal to
Be Sprang.
(From a Staff Correspondent.)
LINCOLN, Feb. 21. (Special.) A bill to
remove the state capital from Lincoln to
Grand Island or Columbus, or even to Cen
tral City, may be Introduced tomorrow In
the house. This Is to be a Joke. It Is as
well that this be stated now, so an to pre
vent any riots or uprisings In Lincoln. Of
oourse the matter will be presented In the
form of a concurrent resolution, since it
was the constitution of 1875 that located the
capital at Lincoln. When the bill Is passed
will be time enough to decide which of
these three cities shall get the state house
and all the appurtenances thereto. At least
this Is the view now taken.
Jackson of Antelope says all legislative
Investigations are farces, but here Is one
on the way which certainly couldn't be a
farce.
Some humorist has declared his Intention
of Instigating an Investigation of the last
(Poynter) pop administration for the pur
pose of determining why and by what right
the pops tore off the gold surface from the
capital dome, replaced It with sliver and In
doing so spent the $'.0,000 appropriated by
the legislature for the repair of the roof on
the capital building. The resolution calling
for this' Investigation will recite the fact
that this gold dome was "demonetized"
during the sliver age nd was therefore
only done to satisfy the prejudices of the
apostles of sliver, who ever have had a na
tive aversion for anything yellow. It will
require that this Bilver lining be stripped
off and sold at the highest market price.
This investigation Is provoked by reason of
the fact that that old roof is still leaking
and becoming almost unbearable during
this beautiful "spring" thaw.
Late this afternoon In the house the hop
per upset after several days and dumped
out thirty-eight new bills. One of these
measures Is an appropriation bill by Mc
Allister of Deuul, setting aside $20,000 for
another building and its furnishings nt the
North Platte experimental substation.
Perry of Furnas Introduced his railroad
commission bill In' the form of a concur
rent resolution, calling for an amendment
to the constitution for the creation of a
railroad commission. The bill carries that
provision explained by Mr. Perry in The
Bee to count a vote cast for the candi
dates for the railroad commission as a
vote for the proposed amendment, thus
Insuring the carrying of the amendment.
Perry has another proposed constitutional
amendment. It provides that all proposed
amendments shall be submitted to the vot
ers at the general elections on separate
tillots of pink color, and that these pink
ballots shall be deposited In boxes of pink
color.
Coats of Holt, Gllem of Red Willow and
McAllister of Deuel Introduced a bill pro
viding for junior norn.ul schools, not more
than seven nor less than five, to be lo
cated where the legislature may desig
nate. A bill by Voter of Cedar provides for a
commission of three members appointed by
the governor to revise the Insurance laws
on the statute books.
Caldwell Intioduced his maximum freight
rate bill of which so much has been said
and of which leading schedules were pub
lished in The Bee. The bill contains much
of the old Newberry bill.
The Norfolk asylum investigation com
mittee is holding little sessions from day
to day, but as yet has not found any evi
dence on which to hang anybody. Jones,
chairman of the committee, Insists on mak
ing a visit to Norfolk, but McAllister and
Howe, the other two members, cannot see
the necessity of this. One thing the com
mittee ha not found and that is any rec
ord of bids for the contract for building
the new structures at Norfolk. Former
Secretary of State Marsh aided the com
mittee In. its vain search for these docu
ments. Former Land Commissioner Foll
mer was before the committee today. Ha
demonstrated that, while It cost between
$19,000 snd $20, GO to build one of the three
new cottages, which would hold about as
many people as the old wing, It would have
cost about $18,000 to rebuild the old wing.
He showed that the board had gone over
this matter thoroughly and found after ex
haustive investigation that It would be far
more profitable to the state to erect the
three cottages than to rebuild the old wing.
George W. Berge, late fusion candidate
for governor, tonight disarmed Representa
tive Hartman, republican, of Saunders
county, of all credit for Introducing the
anti-pass bill. Before the house and senate
railroad committees Mr. Berge claimed full
credit of authorship of this measure. This
lead to some severe strictures upon former
fusion administrations' In Nebraska.
Senator Wllsey of Furnas declared: "This
legislature is not asking advice from the
tail end of the populists." He said the
fusionlsts, when In comrjleta mrni
nothing toward reform, and questioned their
sincerity now.
Senator Bresee of 6herldan, as well as
Wtlsey, then admitted he rode upon rail
road passes and would not vote for an
anti-pots bill. They said they would sup
port reasonable rate bills, but thought the
pass was the private property of a rail
road, which it could dispose of as it saw fit
Mr. Berge made a continued defense of
his bill. J. H. Ager of the Burlington and
R. W. MoUlnnls of the Northwestern spoke
from the railroad standpoint, not, how
ever, touching the paa feature of the bill
Their part was to show that Nebraska's
passenger rates were lower than those of
many states. The committee took no ac
tlon on the bill, but proposed meeting to
morrow morning.
HYMENEAL
Hoalthaa-Xelhart.
NEBRASKA CITY, Neb.. Feb. fl.-(Spe-clJ.
William P. Houlihan and Miss Anna
E. Nelhart, popular young pople of this
city, were united In marriage at 8 o'clock
this morning at St. Mary'a Catholic church.
Father J. T. Roche officiated. Mr. and Mrs.
Houlihan wiU make their hnue In this city.
IIEADOUARTERS FOR OMAHA
Postoffice Bill Bestorcs Sixth Division of
Rural Free Belirerj.
SEVERAL OTHER CITIES AFTER PLUM
Secretary ttllion Asks Congress for
Money to He F.spraded for Ex
perimental Purposes In
Irrigated Sections.
(From a Staft -Correspondent.)
WASHINGTON, Feb. 21. -(Special Tele
gram.) There Is every prospect that a
division of the rural free delivery service
will be established at Omaha, Vfuiet. but
active, work has been done by Senators
Dietrich and Millard and Congressman Mc
Carthy, looking to the re-establlshment of
rural free delivery headquarters In the
Gate City. Tha postofllce appropriation, bill
as It passed the house and as the bill has
been reported by the senate committee to
that body contains an item for compensa
tion for six division superintendents of the
rural free delivery service. This Is a reaf
firmation of the former postal appropriation
bill wherein six grand d. visions of the rural
free delivery service was established.
Omaha had the headquarters of the western
dlvisiun after Its transfer from Denver.
Ex-Assistant Postmaster General Bristow,
believing that it would be in line of econ
omy to compress six divisions Into five,
distributed in the western division between
Kansas City and Su Louis and Omaha
was given the cold shoulder. It Is non
recognized by the postoffice department
that the concentration of states Included
In the entire west between Kansas City
and St. Louis was a mistake and as the
appropriation bill provides for six divisions,
it Is confidently believed that Omaha will
be made headquarters of one of the six
divisions.
Several After Plnm.
Just what states will be made tributary
to Omaha has not been determined upon
by the postoffice department. Officials are
waiting for the passage of the postoffice
appropriation bill, which will probably be
taken up on Thursday. From conversa
tions had with members of the postoffice
committee It Is learned the postmaster gen
eral la In favor of six divisions, as pro
vided in the former bill, and that as far as
can be learned there Is no opposition. It is
expected that a .number of cities In the
trans-mississippl country will be active in
an effort to secure the division headquar
ters for themselves, but The Bee corres
pondent feels Justified in predicting that
Omaha again will be made di
vision headquarters of the rural free deliv
ery service, not so much on account of Its
geographical location, but because It has
Bplendld office facilities in Its public build
ing there and because Its location in Omaha
will save payment of rent In at least some
of the cities that are pushing for the
headquarters. The five divisions as 'at
present constituted, have their headquar
ters at the following cities: Cincinnati,
Chicago, St. Louis, Nashville and Wash
ington, D. C. It will be seen therefore
that some city west of the Missouri of
right ought to be made division headquar
ters, shortening the time between far
western points and the Mississippi river
from twenty-four to forty-eight hours.
The re-establlshment of headquarters at
Omaha will necessitate a re-adjustment of
states now Included in the Chicago and
St. Louis divisions, but Just how that re
adjustment will be brought about la a mat
ter of detail whleh the postmaster general
will take up after the postoffice appropria
tion bill becomes law.
Plan Agricultural Experiments, i
The secretary of'ogrlculture has outlined
a plan in which his department and the
Interior department are to co-operate for
the establishment of experiment and dem
onstration farms under the various Irriga
tion projects being constructed In the west
by the government. The secretary has sub
mitted the plan to congress and has re
quested an appropriation of $15,000 to put it
Into operation. It is proposed by the sec
retary of agriculture that the Interior de
partment put aside one farm unit for ex
perimental usee on each reclamation project
now under way, namely, Gunnison, Colo
rado; Pathfinder and Shoshone, Wyoming;
Yuma, Arizona; Minadoka, Idaho, and
Truckee, Nevada.
The work on the farms will be performed
by cmplojks of tho Department of Agri
culture, In connection with stats experl
montal stations, urd the reclamation serv
ice will furnish a permanent water supply
for Irrigation. State experimental stations
will be expected to construct farm build
ings and make other permanent improve
ments and supply the necessary live stock.
The Department of Agriculture will pay
the running expenses, furnish seeds, trees
and plants. The products will be held to.
create a fund for payment of cost of build
ings, live stock and other expenditures. If
necessary to discontinue work the state
experiment stations will have tho option
of taking over all rights of the Department
of Agriculture, and, if not wishing to do
this, the property shall revert to the re
clamation service and be sold for the ben
efit of the irrigation fund.
It "la proposed by the secretary of agri
culture that experimental funds shall be
constituted with a view to assisting settlers
under the various Irrigation projects, by
conducting experiments with various seeds,
plants and trees, so as to determine the
best variety for Use in the respective loca
tions. These farms will be object lessons
to prospective settlers, and It Is the Inten
tion to make them self-supporting.
Little Chance for Buildings.
Cl'tzens of York are greatly exerolsed
over the omnibus public building bill, in
which that city Is given $50,000 for a public
building, as against $100,000 for Grand
Island and $40,000 for Plattsmouth. Many
of the residents of York are outspoken
against accepting a $fi0,000 building, assert
ing In no uncertain terms that if they can
not get more than $50,000 they don't want
any appropriation. 'As it looks now the
omnibus public building bill will never get
beyond Its pluce on the calendar, although
300 members of the lower house of congress
hnd signed a petition to the speaker asking
for Ita consideration, but the speuker re
mains adamant and will probably continue
hard-hearted unless a caucus of republican
members should make the public building
bill a party measure. As for the citizens
of York, who are protesting against an ap
propriation of $10,000 for a public building
at that place, they fail to realize the re
mark made by the late speaker, Thomas
B. Reed, to a friend: "Take what you can
get,, and then move heaven and earth to
get more."
Dennlson Mandate Issued.
The mandate of the supreme court di
rected' to the supreme court cf Nebraska
In the case of Dennlson against Christian
was Issued toduy. The mandate recites
that the supreme court has affirmed the
Judgment of the supreme court of Ne
braska and directs that court to take such
further proceedings s are right. The pro
ceedings from this iolnt are simple. As
suming that It will take forty-eight hours
for the mandate to reach the clerk of the
supreme court of Nebraska, It will prob
ably take that official twenty-four hours
to prepare tha papers directing the mar
shal of the northern district of Iowa to
take Into custody Thomas Dennison of
Omaha.
Alaskan Bill Reported.
The committee on territories today or
dered a favorable report on Senator Burn
ham's bill for the conatructlvu of a rail
road, telegraph and telephone line In the
territory of Alaska. The bill was reported,
according to Senator Beveridge, chairman
of the committee, for the purpose of out
lining the policy of the committee as to
reasonable aid hy the government. It Is
not expected that any railroad legislation
for Alaska will be enacted during this con
gress. Orders for Surgeons.
Contract Burgeon Preston 8. Kellogg Is
relieved from duty at Fort Robinson and
from temporary ditty at Fort Crook and
will proceed to Fort Riley nnd report not
later than March 12 to the commanding
officer of the Third squadron, Eighth cav
alry, to accompany that squadron to the
Philippines, where he will report to the
commanding general of the Philippines di
vision for duty. Contract Surgeon Marlon
F. Masvln is relieved from duty in the
Philippines division and upon the expira
tion of his present leave will proceed to
Fort Robinson for duty.
Archie Smith for Collector.
Archie Smith of Storm Lake, la., Is to
be the next collector of internal revenue
for the Northern district of that state
vice J. U. Sammls, resigned. Smith Is Lot
Thomas' last appointment. The delegation
from the North part of the state, com
prising the two senators, Representatives
Connor, Haugen, Uirdsall and Thomas have
agreed that the appointment belongs to the
Eleventh district and Thomas, upon the
strength of that decision has been movinij
heaven and earth to have Archie Bmitb
appointed before he retires to private life.
As there Is a Vacancy, the Iowa delegation
reasons that It ought to be filled now and
Thomas, profiting thereby, gets the appoint
ment, depriving his successor, Judge Hub
bard of Sioux City, of a voico In -the selec
tion. It Is understood Mr. Smith's name
will be sent to the senate tomorrow.
INSURANCE COMPANY WINS
Wisconsin Supreme Court I'pholds
Deferred Dividend Policy of
Equitable.
MADISON, Wis., Feb. 21. (Special Tele
gram.) The test case by the Equitable life
Assurance society, on behalf of the foreign
Insurance compani s doing business In the
state of Wisconsin, has resulted In a signal
victory through the decision handed down
hy the supreme court of Wisconsin today,
reversing tho decision of the Dane county
circuit court In favor of Commissioner
Host. The question involved the conduc
tion of section 1952 of the revised statutes,
the commissioner maintaining that the
word "may" as used In tho statute should
be construed as mandatory, and that the
Issuance of deferred dividend policies was
prohibited by the statute thus construed.
The supreme court holds that the statute
Is permissive; that the Equitable has not
violated the law In issuing deferred divi
dend policies and that the latter form of
policy, which constitutes 75 to 80 per cent
of all the Insurance written, Is valid and
not in conflict with any provision of law.
This marks the end of one of the most
Interesting and important cases In life in
surance for many years. The case was pre
sented on behalf of the society by J. G.
Flanders, D. T. Watson and Balnbrldge
Colby of Alexander & Colby, counsel for
the society In New York. The commis
sioner of Insurance was represented by the
attorney general of Wisconsin.
GRAIN RATE WAR UNSETTLED
Conference of Railway Presidents at
Chicago I'nable to Agree tpon
Differential to the Golf.
CHICAGO, Feb. 21.-An Ineffectual at
tempt was made today to settle the grain
rate war. At a conference of tho presidents
of railroads Interested, the fact developed
that a certain gulf road haa contracts for
carrying grain at the reduced rates and
cannot get them cleaned up before the lat
ter part of March. After vainly trying to
reach some point of agreement an adjourn
ment was taken until next Tuesday.
Some of the roads were In favor of restor
ing normal tariffs as soon as this could be
done, while others objected to doing so un
til tha question of gulf differentials should
be settled. Tho gulf lines, however, are
not united on what differential they desire.
Somo of them Insist that the differential
from Omaha and from Kansas City nhouid
be the same. The old differentials were
4'4 cents from Omaha and 5V4 cents from
Kansas City, and the other lower river
points.
The western lines were not willing to
offer the gulf lines more than 34 cents as
a differential and to this the gulf linos
would not agree. Some of the gulf lines
were not, they declare, In position to agree
to anything until they had consulted wltn
their eastern connections.
REPEALS "BREEDERS' LAW"
Missouri House Decides to Make
Pool Sifting Illegal at
All Times.
JEFFERSON. CITY, Mo Feb. 21,-The
lower house of the legislature today passed
the bill repealing the present statute
known as the "Breeders' law," which
authorizes pool selling on horse races In
certain enclosure. The proposed law
known as the Godfrey bill, not only repeals
the "Breeders" law but prohibits pool
selling on horse races In my part of the
state of Missouri, whether the races are
run within or without the boundaries of
the state.
The bill will now go to the senate where
It Is expected a determined fight will be
made by persons interested In the several
race tracks of the state. When the bill
was Introduced In the house, Governor
Folk sent a special message to both houses
of the legislature strongly advising the
repeal of the breeders law and the enact
ment of a substitute prohibiting gambling
on horse races.
BULLION THIEVES CONVICTED
Men Who Stole f.ZMOOO Worth of
Stiver Bars from Car at St. Louis
Found Guilty.
SPRINGFIELD. III., Feb. 21In the
United States district court today the Jury
in the case of George Rogers and William
E. Burroughs of East St. Louis, charged
with breaking Into a bonded car at East
Bt. Louis last November, and stealing
thirty-one bars of silver In bullion, valued
at $26,000, on Its way from El Paso. Texas
to the United States mint at Philadelphia,
returned a verdict of guilty. The two men
together with William Majors, pleaded
guilty Monday and turned states evidence,
they will be sentenced! by Judge Humphrey
together.
FIRE RECORD.
Bad Fire In New York.
NEW YORK. Feb. H.-Frosen hydrants
o Interfered with the work of firemen
today when a fire started in a bag fac
tory building In Greenwich street that
what at first seemed rather an Insignificant
blaze, called for four slurms snd resulted
In a loss of fully $100,000. The firs was In
the factory of Philip Hano & Co., manu
facturers of manifold books, carbon papers
and autograph machines.
Missouri's Fntlle Vote.
JEFFERSON CITY. Mo., Feb. 21 -The
t wmity-oluht ballot of the MIhmiijiI legis
Uture failed to make niiy change in the
deadlock over the select Ion of a Trilled
StuU-s senstor. the vote result Iiik fol
lows: Nledrlngtiaus, til; Corkrell, US;
Herons, MiKiulty, 4, i'cttljuhn, 1;
Bpeer, L
SENATE WILL NOT PASS LAW
Mr. Elkins Anosinces Ther Will Be No
Bate Legislation This Ye; r
ISTHMIAN CANAL BILL IS CONSIDERED
Attorneys for Judge Swayne Make
the Opening Statement for De
fense In Impeachment
Proceedings.
WASHINGTON, Feb. 2i.-The senate to
day pasied tho military academy appropria
tion bill and began consideration of the In
dian appropriation bill. Early In the day.
In response to a question, Mr. Elkins, chair
man of the committee on Interstate com
merce, expressed the opinion that It would
be Impossible to secure railroad rate legis
lation during the present session of con
gress. The senate took up the isthmian
canal bill and agreed to meet an hour
earlier tomorrow In order to advance the
bill.
Ex-Senator Hlgglns finished his prelimi
nary statement In opening the defense for
Judge Swayne, and one witness for Judge
Swayne was examined.
The military academy appropriation bill
was taken up and passed. The only alter
ation by the senate was made at the In
stance of Mr. Piatt (Conn.), who moved
nn amendment placing on the retired list
ns brigadier general. General Joseph R.
Hawley, whose term as setmtor will ex
pire on March 4 next. The amendment was
accepted without discussion. As passed, the
bill carries a total appropriation of 8H77.978.
Mr. Beveridge presented the crfdentlsls
of James A. Hemenway, as a senator from
Indiana to succeed Mr. Fairbanks.
Consideration of the Indian appropriation
bill was then begun.
On a point of order by Mr. Lodge .the
amendment prohibiting army officers from
being appointed as Indian ngents was
stricken out.
Impeachment Trial Resumed.
When nt 2 o'clock, the hearing of the
Swayne Impeachment trial was resumed,
the Indian bill was laid aside.
Mr. Hale presented an order for a vote
In the Swayne case at 4 p .m. Saturday,
and asked that It go over until tomorrow.
He said he would Insist on the literal
enforcement of the rule governing the
closing arguments on the case.
Mr. Palmer replied that the house man
agers would desire at least six hours for
their presentation of the case for the
prosecution. He said that each of the
managers would desire to bo heard. Mr.
Hlgglns then resumed his opening state
ment In Judge Swoyne's Interest. He
said that a Delaware witness would be pro
duced to show that Judge Swayi.e nau been
only a summer visitor In that state since
his appointment as Judge, that he was
much occupied In holding court outside the'
state, that he could not get a house in
Pensacola.
That testimony would he Introduced to
show that it haa been the rule to allow
the expense accounts of the Judge; that
the majority of the Judges make the charge
of $10 per day for expenses whether act
ually expended or not; that the use of
a private railroad car by a Judge Is not
an 'mpeachable offense, nnd that In pun
ishing attorneys for contempt Judge
Swayns had only taken proper precaution
to protect the dignity of the court.
Mr. Hlgglns concluded nt 3:25 p. m. and
Attorney W. A Blount of Pensacola was
recalled as the first witness on Denalf of the
respondent.
GoTernment of Canal Zone.
When Mr. Blount concluded tho trial was
suspended for the day ana the senate began
consideration of the bill for the government
of the Isthmian canal zone.
Messrs. Teller and Bailey took exceptlofT
to the provision authorizing the use of
the rentals of the Panama railroad in
constructing the canal, without first turn
ing them into the treasury. The bill was
not amended so as to meet the objection.
The bill was not completed and It was
arranged that tho senate would meet at
11 o'clock tomorrow and after the reading
of Washington's Farewell Address consid
eration of the canal bill would be resumed.
During the day the senate passed the
bill making it a misdemeanor to present
false evidence relative to second-clusa
mall matter.
At 6:58 p. m. the senate went Into ex
ecutive session, and at 6:06 the doors were
reopened and Mr. Fait banks for Mr. Piatt
of New York, offered resolutions respecting
the death of Representative Otis. A com
mittee to attend the funeral was named.
The senate at 6:10 adjourned.
opp-irtunity was presented by the bill to
do so.
The amendment was defeated, 9T to V.
Unavailing efforts subsequently wrri
made to place agricultural Implements and
agricultural products, locomotives, etc., on
the free list, and a similar fate was ac
corded to a proposition by Mr. Cooper
(Tex.) to tnx diamonds In the rough.
The Wll was passed without division and
practically as It came from committee.
Following the presentation of the confer
ence report on the army appropriation hill
the house went Into committee of the whole
on the river snd harbor appropriation bill.
An agreement was reached to limit general
debate to two hours.
As soon nt the bill was before the house
It was Immediately laid aside and some
mlrorbllls were parsed. Including one pro
viding for the establishment of the Hillings
land department (n Yellowstone and Car
bon counties, Montana.
O.noral applause followed the adoption of
a Joint resolution authorizing the return
by the secretary of war of union snd con
federate battle flags to the rrspecttve slates
In which the regiments which bore them
were organized.
At 6:35 the house adjourned until tomor
row at 12 o'clock.
)
)
HONORS FOR PIANO MAKERS
Head of Stelnwny A Sons Decorated
with Cross of the Legion
of Honor.
NEW YORK, Feb. 21.-(Speclal Tele
pram.) Tho cross of tho Legion of
Honor lately conferred on Charles II.
Steinway, president of Stelnway A
Sons. by the French government
has Just been transmitted to him
by the French consul general in New
York. This adds another link to the chain
of foreign honors bestowed upon Stelnway
& Sons in recognition of the superior merit
of their pianos. The order of the Red
Eagle, which was bestowed by the German
emperor, and the order of the Llakat from
the sultan of Turkey are among the other
most prominent foreign decorations con
ferred by the great rulers of the world.
FOLEY SUCCEEDS FALKENBURG
Los Angeles Man Appointed . TTead
Consul, Woodmen of the World,
for Pacific Jurisdiction.
DENVER, Feb. 21. The board of head
managers, Woodmen of the World, Pacific
Jurisdiction, met here today and chose John
H. Foley of Los Angeles to be hend consul
for the unexpired term of the late F. A.
Falkenburg. The head camp meets in Los
Angeles ApTO 18, at which time a successor
will be chosen.
Colds Cnnse Sore Throat.
Laxative Bromo Quinine, the world wide
Cold and Grip remedy, removes the cause.
Call for the full name and look for signa
ture of E. W. Grove. 25c.
PROCEEDINGS OF THE HOI SE
Philippine Tariff Bill Passes as It
Came from the Committee.
WASHINGTON, Feb. 21.-The house to
day passed the Philippine tatff bill, prac
tically as it came rrom committee, and
with but little discussion. There wss no
especial opposition to it, although amend
ments coming from the democratic side de
signed to put certain products on the free
list met with defeat. An effort to prohibit
the importation of opium Into the Islands
except for medicinal purposes also failed
after Mr. Poyne, New York, had explained
that the Philippine commission was deal
ing with the subject In its own way.
Immediately after the Philippine tariff
bill was disposed of the house took- up
the river and harbor appropriation bill, but
It was soon lata ssiae and several meas-
of Nebraska to prohibit the importation of
which was the authorization rftven the sec
retary or war to return to the several
states union and confederate battle flaea
During tho discussion of the Philippine
tariti Din me tramo in opium in the is
lands formed the subject of discussion
through an amendment by Mr. Hitchcock
of Nebraska to prohlt ibthe Importation of
the product except tor medicinal purposes
He was particularly Insistent that on ac
count or Its evil effects ita use should be
restricted.
Mr. Payne asserted that the use of opium
In tho Philippines had greatly diminished
and he believed in acceding to the sug
gestion of the Philippine commission that
the question be left with them to deal with.
The amendment was defeated.
An amendment was agreed to providing
that under the authority granted the Phil
ippine commission to enact legislation re
garding opium, they shall not establish a
llconse system with a view to deriving rev
enue from the traffic, also that no license
fees or taxes, except duties on Imports,
shall In any event be higher than deemed
necessary to cover the expenses of ad
ministration of such legislation.
An unsuccessful attempt was made by
Messrs. Cooper of Texas and Webb of
North Carolina to' place In the free list
raw cotton and cotton waste Imported Into
the Philippines from the United States and
Spain, the latter country being Included
so as not to violate the terms of the treaty
of Paris regarding discrimination.
In offering sn amendment to remove the
tax on yarns Mr. Webb called attention to
the promise of the president, made yester
day to southern mill owners, to auelit them
In tholr efforts to increase the market for
American cotton abroad and said that an
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ANDREW MACK
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THE WAY TC KENMARB
Next Attraction Henry W. Savage's Big
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THIS SHU
PHONE. 40.
Bvary Night Matinees Thur.. Sat, Su
MODERN VAUDEVILLE
Barrows-Lancaster Co., Godfrey & Hen
derson, Musical Arolos, Henry V. Fltl-
Sersld, West & Van Blclen, B. J. Flanagan,
. W. Kurtls and Dogs and the Klnodrome,
1'KICKS lOc, S5e. BOe.
KRUG THEATER
. PRICES. IKc. 20c. Wo snd 'ie. -
MATIMOK TOllAV ILI SKATS 5c.
TO.MOHT AT 81IB
Gertrude Haynes V&ZW
In the Oreat Metropolitan Melodrama
THE FATAL WEDDING
Friday and Sat.-I'NCI.B HI HAWKINS.
Sunddy-THE PRINCESS CHIC.
YSAYE
WORLD'S GREATEST VIOLINIST
Auditorium Tomorrow Evening
prices, ISOc to fJ.oo. On sale at Box Office.
Direction Concert Promoters.
Roller SkaJii
AT TUB
co every
box. 23f
Auditorium
tFTERNOON AMD EVNIN
ill
