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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 9, 1906)
The Omaha Daily Bee NEW Bee Phones numbers: Rusinrs Dougla Circulation .... Douglas Ktlitorial pouRU20t Jee Phone: NIW NUMBERS: Itoaineea Douglas 238 Circulation . . . .Douglas H9T Editorial Douglas 201 ESTABLISHED JUNE 19, 1871. OMAHA, FRIDAY MORNING, FEBRUARY 9, 1906-TEX PAGES. SINGLE COPY THREE CENTS. 1 J1ATE BILHS PASSED "Hepburn Veasnre Goee Through House with Flying Color. C ,LY SEVEN VOTES AGAINST IT j'ese Are. Cait Vy Bepobliciu Members from Eastern ctatee. ALLERIES OF THE HOUSE CROWDED ",uje Attendance in Anticipation of Final Vote on BilL ' , SUMMARY OF PROVISIONS OF MEASURE Arnrdlnar to Man Who Introduces It All bat Tvrn Foists Have Bf ' Covered by Prevlons ? Laws. WA9U1NUION, Feb. s. J ut 'enough moi ril:in bush ss was allowed In the housu preceding the. voto on iho Hepburn rHllro.nl Tat'- bill today to permit di layed members to reach their seuts U fore the roll call ' ordered (he niisht Imfurc lcgn. Three hun , rtnd tinl foiiy-six memlH-r voted for the ". Mil. rV ' republicans voted against It. Vipplause arreted the announcement of tho 'result by tlifc speaker of the liuuse. which ) hud given Its, undivided attention to ratr I msklng for several days, giving lt atten tion to other matters. i Tho pension appropriation Mil. Carrying f ffUS.'OO.OW for pensions and tl."4S.(0 for ' pension administration, was taken up. de bated and passed without amendment. The feature of thu bill osldo from the appro piiatlon made is n provision making statute law of the famous order of the president declaring age conclusive evidence of disa bility. A number of bills were parsed ut tiio clow of the day, one providing n penalty of JS.CoO and ten years' Imprisonment for the premature revelation of government Infor mation whleh might have a bearing on the markut prlee or commodities, the same-pen-alty being provided against government em ployes who speculate In commodities re garding which the government furnishes statistics. Vote oa Hepburn Dill. The house today passed the Hepburn rail road rate bill by a vote of 3I to 7. Those oting against the bill were: Llttleflcld, McCall. Perkins, Blbtey,. Southwlck, Vree land and Weeks. Anticipating the roll call on the rata bill there was & large attendance of mem bers and the galleries were crowded. After the roll .call the announcement of the passage of the bill was received with a ripple of applause. Speaker Cannon stated the vote to be $44 yeas and 7 nays. ' Those .voting against the bill were all republicans. They were Llttlcfteld (Me.), McCall and Weeks (Mass.), Parkins, Southwick and Vree'lajid N. Y.) and Blbley (Pa.). Mr. Sullivan (Mass.) voted "present" and was .not, pa4rd.. TAara. were twenty-eight members paired, but these pairs were gen erally political ones. None of them, was made on the bill and consequently did not Indicate opposition. ' The bill, according 'to Mr. Hepburn's statement in closing the debate on the .measure, was Intended and did, so far as It could be made, he said, comply spe nlAcally with the recommendations of Pres ident Roosevelt, on the rata Question. It gives the Interstate Commerce commission authority, when a rate liaa been complained of as "unreasonable" by a shlpepr to In vestigate that rate, state nhether or not It ' is reasonable, and if found to be un reasonable to name a rate, which Is to be Just and reasonable and fairly remunera tive, which Is to be the maximum rate to be charged. This rste so fixed is to go into effect thirty days after it is an nounced by the commission, subject dur ing that time lo be set aside or suspended by the commission or by the courts. After it has gone into effect It Is to remain the rate for three years. During this time, the opinion has been expressed by those who have participated in the debate, the rate may also be reviewed by the courts, nnd if found to be In conflict either with the terms of the set or with the constitution, , lay betr.g confiscatory, it can be set aside tag the courts. AJaother important feature Ik the defini tion of the word "rallroei" and "trans portation" In a manner tn Include all auxll- inrv Intatriiniiantttltt tfM Ctf the-- on m mnn mr rler and to bring them within the control of th commission. Thin pnvtr to nam u rrnnuiiiLtiii' inir nnu iiir jiii itiriu u tuts i .....ill.-!.. ..ithm ih. 4..riiinnn i h.. commission are aald to be the new fea ture. All other provisions are modifica tion of existing law. They include pub Hefty of railroad methods, which Is to be aided by prescribing a system of book keeping and enlarging the commission to seven members and Inereasins the sala ries of members to Jio.nou a year. Feuslon BUI I'aased. The pension appropriation bill was taken up In committee of the whole with Mr. Madden (HI.) in the chair. General debits on the bill was limited to three hours and Mr. Oardner tMlch.), in charge of the bill, took th floor. in presenting the pension appropriation bill to the hounc today' Mr. Gardner (Mich.) detailed aa Inteivatina array of informa tion roureinuig pensions. Forty years alter the civil war, he says, the pension appropriation is at its maximum. There .... tl.t iit' i.niinnra. all bill Kk t A of them f.'uni that wai, with an annual roll of tl39,lA1.. iO. In the 63.4J4 are represented veteran of a I other wars the country ever had. The civil war cost w,W.X0. Cp to the present time half a much again lias been laid out for pensions, and Mr. Gardner pic dicta that before the end of Us pension roll conic s the first cost of the war will ia't been equalled. In twenty years from now, he predicts, the pensiun roll will con- . tain Ju'.WO names, of which 132,411 will ie chargeable to the Spanish-American war. At the present time, he says, th-i pensicn roll costs the government Just one-fourth iif all other expenses. In US7, one year after the civil war, the lutoirat on the public debt was $143,781,591 and the pension roil .'Xxa.5il. Now these two Items are practically reversed us to the amount. Mr. Gardner compared this pension roll ut liss.tfle.oco to that of France, with an annual exunditure of t2ti.MI.0U; Germany, ' fcl.OOO.U.O; Austria-Hungary. (10,000,030, and Ureal Uritaip. ftf.onO.OUO. As to the Spanish war veterans, hsiaald today there wre more of them on the pension roll than were in Bhafter'e entire army In Cuba. The necessity of enacting th president's Older No. 78 Into law a provided for in .Continued oa aVcund Pag4 TAIGNY SEES JUSSERAND French Charae to Venesaela Reports on Condition In the ftontb American Hepnblle. WASHINGTON. Feb. 8.-M. Taigny. the charge affaires of France who was ex pe' -n Veneiuela bv PresU.-nt Castro, lm v - rence with the French ambassa dor He gave M. Jusscrand a his tory happenings In Vcncsuela since his li here which the ambassador will f'. J, his government. M. Tv K 1 not cnll at the State de partment hstandlng the fact that ths United H 'ooklng after France's In terests In la and after the Interests of Veneniv '"ranee. M. Taigny left for New To. ht and will sail on the Carmanla nc. .'uflday. When seen today M. Thlpny declared -that he had received a cablegram from bis gov ernment, but had not yet been able to de cipher It, as the French code for Venezuela and the I'nlted State ure not the same. As lo the reason for his expulsion he re peated th'i statements he had made In New York end continued: "It is impossible to maintain satisfactory relations with a man like Castro. His chief object l to get money, no matter from where or In what way. This is at the base of everything." When asked what he thought of nn In vasion of Venezuela by a French army, M. Taigny shrugged his shoulders and pro fessed not to havo much knowledge of the chance of success of such nn undertaking. "It is an extremely difficult country to light in." he said. "The country is very inoiitt'ilnous and thoi:gh Caracas Is from flu; coast only nine miles as the crow files the road to the capital is alxmt twenty-five miles nnd easily defensible. The people love nothing bi-tter than a fight and would welcome such a beautiful chance. Besides, although sure of the ul tlmutc result, there is always the danger of complications with the I'nlted States or any other foreign nation, and France is not likely to embark on such' an expedition a9 long as It cun use other remedies." PREACHER WOULD KILL SELF Wnukeaan Mnn t nder Arrest Throws Himself I nder a orth mestern Trnln. CHICAGO. Feb. .-Rev. Justin O. Wade, pastor of the First Congregational church at Waukegan, 111., who was yesterday nr rested by postofflce inspectors for sending obscene letters through the mails, at tempted to commit suicide today by throw ing himself In front of. a train on the Chi cago Northwestern railway. His injuries did nut prove immediately fatal. The train was a fast passenger from Green Bay, which had slowed down slightly preparatory to the stop at the Waukegan depot. The minister rushed upon the track and when the engine was about twenty feet distant threw himself flat upon his face He was struck by the pilot of the engine and hurled many feet to one side of the track. A large crowd of people was on the depot platform waiting for the train and the attempt at suicide was made in plain view of them ail. Mr. Wade was at once conveyed lo the hospital, where It was announced, that he had a . chance for recovery, although the probable outcome of his Injuries could no be predicted with any degree of accuracy until a more . extended examination had been made. At noon it was announced that the in juries received by Mr. Wade will probably cause his death In a short time. 8T. IXI.'I8, Feb. R. Rev. Justin flood son Wade, who today attempted suleldo by leaping In front of a moving ratn In Chicago, was a year ago the huslness manager and one of the proprietors of weekly paper In fit. Ixiuls. During th World's fair he was employed aa a waiter In the restaurant connected with the Are , lighters' exhibition on the Tike. After the exposition he purchased an interest In weekly newspaper, hut finally sold his interests and left Kf. Iiiils. For tw years he was pastor of the. Second Con gregational church nt Sedalla, Mo. CHURCH MERGER SETTLED t'ongregatlonallsts. and Methodist Agree on I'nlted Rrrthre Proteatanta I'nloa. DAYTON, O.. Feb. 8. In the morula session of the trt-state council the general committee was Increased by six delegates from each denomination, amaking a cum 1 mlttee of sixty-three. At the afternoon session of the confer ' tn' "nlon of,h I'nlted nrethrn. Congregational and Pro testaiit Methodist denominations the re ports of commit lees w ere received and t o night these were being put through special inquisition. It may be considered as settled that th- union will be effected and the only hitch late tonight was as to the name the united denomination shall bear. Mnny names were proposed, but the fulled Church of America seems to be the most generally accepted. The subcommittee tit its report on vested Interests reported that it saw no In superable obstacle In these Interests to ul timate union. The committee on polity presented an elaborate plan of organisation Hclencies was tc.day reported to the senate under which local churches shall be left J by the committee on ariroprlatlona. It free to conduct their business as present j was amended so that It ilhw carries $17. riiatmn orcvldes. that there be annual con- MW.DM. an increase of t1.y7.eit over the ferences of ministers and laymen and a of ministers and laymen and a national conference, the last to he made un rhnvn bv the annual confer, list selected In the district i the heels of one to every ere from a conferences on the basis or one to every 1(iffl and one for every ma ,or fT,,n; thereof The national conference tnsve the power to chsnge the ratio of rep. resentatlon at any time. GREENE AND 6AYN0R CASE Farther Evidence of Fluanrlal Trans, action of O. M. Carter and H. F. Westeott. SAVANNAH. Ga., Feb. 8. Further testl- mony relative to dealings of O, and R. K. Westeott. his fatber-In-law. with Reed ft Flagg. brokers of New lork. w.:,h( houB ,nd IAtt omcl bunam,,, tne offered during the trial of Orene and , capltoli congressional library and au. h Gaynor In the federal court today. Frank- ; otn bundtn,. i may be erected adjacent lln Ford, who was cashier of the broken J to th. capitol founds, to $1,388,000. The firm during the period of these operations, j c(ml of tne ,ubfay system to connect the which extended from 189$ to 1897. occupied I rllnitol and semJe office building is limited th stand the entire session. Objection were offered by the defense to the intro duction of muck of Mr. Ford testimony. Th court held, however, that the tlm for th defense's objections to have been made yesterday. Almost without exceptlvn. the objection offered by the defense have been overruled by the court. Careful note has bet-u made throughout the trial of exception tukon by th defense and there can be no question that it Is counsel purpck. should the verdict be against them, to appeal CASH FOR MEAT INSPECTORS Senate Inserts Provision Tarred Down by the Home. GIVES THE FULL AMOUNT ASKED FOR Congressman Pollard Settles Hot Poatofllce I'laht at Teenmseh br Recommending the Present lncnmbent. (From a Staff Correspondent.) WASHINGTON, Feb. 8-Speclal Tele- grain.) The senate committee on appropria tions today, appreciating tne necessity oi taking care of meat Inspection growing out f Increased demand for our products pre- ions to the dute in March when the new lerman "tariff goes Into effect. Inserted a provision In the urgency deficiency bill carrying ti:.X for meat Inspection pur poses. Roth Representatives Kennedy and Pollard tiiade a fight lu the house for this appropriation, but were voted down on mendments tliey offered because the agrl- ultural committee stated that Secretary Wilson had enough funds at bis disposal to take enre of the Inspection service pending he passage of the general agricultural ap propriation Mil. The senate evidently real ii"d the gravity of the situation and by unanimous vote decided to give Mr. Wilson he amount which he originally asked for. namely, $13j."Xi, Instead of the umount given by the house, S-".. Brundaae Gets Another Term. Representative Pollard today settled, so far us he Is concerned, the postofflce fight hlch has been waging between several contestants for the post mastership at Te cnmseh. Neb. Today he' recommended P. A. Hrundage, the present postmaster, for reappointment. Postmaster Brundage. if nominated, will enter upon his third term as postmaster at Teeumseh. There were two other candi dates for the office. Mr. Coffey, an old sol dier, and Mr. Ferguson, a young man, who has recently come to the front In local political affairs of Johnson county. Mr. Pollard, however, found a majority of tho patrons of the Teeumseh postofflce, through petitions and personul letters, desired the renomlnatlon of Brundaae. Not only was le the candidate of the majority of the patrons of the office, but he had the recom mendation of the state central committee and all the county ofllcials. Land Restored to Settlement. The secretary of the Interior today di rected the following lands under the Nm-th Platte project lu Nebraska, which were withdrawn from entry on May 3 last, be restored to settlement under the public land laws, as they are no longer required In connection with the work of the recla mation service on this projest: Township 24 north, range 67 west, sections 3 and 10, township 25 north, range 57 wesU"wctlonS St and 36. Xebrasknna Want Experiments. Representative Pollard is in receipt of a number of petitions from Nebraska urging him to support the Adams bill, which pr vides for an .increase of power and ecopo of Investigation of the government 1 agri cultural stations, Tc-day Mr.' Pollard filed memorials fni Inn Nebraska Swine Breeders' association. Nebraska State Horticultural society nnd a number of letters from members of the Nebraska legislature urging the passage of the measure. npltnl City otes. Petitions arc being received by members of tho Nebraska delegation urging their support of n 1)111" providing for holding terms of I'nlted States court at Grand Island. Representative McCarthy today intro duced a bill providing for the restoration of annuities of the Medawakauton and Wappokota (Santeei Sioux, declared for feited by act of congress, February 16, lSfiS. Senator Warren's bill appropriating 100, 000 for u public building at Rawlins, Wyo , passed the senate today. Representative Klnkaid has recommended Miss tlertrute Irvln for postmaster at Eddyvllle. Dr. J. A. Harper has been appointed pension examining Burgeon at Greenfield, Ir... vice Dr. M. K. Keith, resigned. , Hobart E. Swan and A. C. Kverson hav been designated members of the civil ser vlce board for the postofflce at Kearney, tlan Endeavor society. Letters of con Neb. . i gratulatlon from President Roosevelt and Dr. and Mrs. C. F. Idd of Lincoln are In Wasldngton. Nebraska. Appointments Conlrmed. The senate In executive sessloti today confirmed the following nomlnath Registers of Land Ofllces Luke II. Bates, at Valentine, Neb.; Stephen J. Wpekes, at O'Neill. Neb. Receivers of lnd Offices 8a nfoid Pa:ker, at O'Neill; Olof Olson, at Valentine. URGENT nriririctrv BILL utriuitisu tj genate Committee lnereas Amoant Called for by Sleasar Million Dollars, Over . WASHINGTON. T eo. fae house bill ly urgent de- maklna appropriations to au ' amount Bppropriatea D) line nouse. j ne 1 principal items of Increa are aa follows: i Advance to the Panama Ailroad to pay for ! the re-equipment of tha company. $n.000; ! contingent expenses offoreign missions, - man claim for losses In connection with the disturbances in wmoa In 1891 under convention of the I'nled States, Germany and Oreat Britain, tM; also to Denmark, $70 for settlement Jof Danish Samoan claims; quarantine station at Honolulu, Hawaiian Islands, $a)CC0; for completion of work of five civlllsld tribes commissions, $76,000 for the bureiu of animal Industry, nent of Agteultur. tH5.000, and Department n i.u rl.ftt. Fnmmlulnn .m.Jj " ' T I ti.0. I w... .,r .nA e- to $1.500. and the expenditure of the amount I authi tsed. Valencia veatlgatloa Delayed.. WASHINGT , Feb. g. Assistant Secre- the Department of Cora- tary Murray mere and r. cnalrman of the cum- mlttee which ill Investigate the steamer ! Valencia dUi I neither be ni u-r. announced today that hi colleague on the com- I mission. Hei rt Knox Smith, would be j able to I I murrtiw. hue for Seattle until to- A BRILLIANT SHOW nevoid of rionds and Atmos pheric Condition Perfect for Observation. An ailment of general prevalence in Omaha today will be soreness of the neck and there will be thousands of sufferers. The cause of the peculiar trouble, to use a common and expressive term, can be said to be due to "rubbering." As the only muscles brought Into play were situated In the neck. In order to look up at the sky. the exercise was unusual and hence left a sore ness. For Luna was on the boards during tiie night with a performance of great merit. For the space of a few hours she entertained a few millions of the earth's population In a black face "stunt" that en titles her to a place with a minstrel troupe. In ordinary English there was an eclipse of the moon last night. It came off just as scheduled. The stage was all ready for the show and the scenery In place, all painted In deepest, studded with brightest of stars. A better setting for such an exhibition could not have been desired. The only fault that could have been found was with the temperature but that -had nothing to do with the performance. The thermometer stood at about 1 degrees above zero and kept many Omuhans from staying out to see the free show, but nevertheless there were majiy thousands who either stayed up until the appointed time or had some one call them out of bed. It waa neaiing tha hour of midnight when the first sign of something unusual in tho heavens became apparent. The face of the moon looked slightly unwashed In a small patch, and later it appeared as though someone bad swatted the man in the moon on the cheek with a sooty hand. Still later It looked as though he was black ing up for a darky comedian turn. Grad ually, however, the dlsilgtiiing spot began to take shapu and to resemble the hole left where an apple had been bitten. As the "hole" grew deeper the moon looked like the drawing of an eyeball, but the pupil soon became too large for the Imagination, and there was nothing to liken the growing darkness to but a plain eclipse. About 1 o'clock the whole surface of the moon was covered with the shadow, but every portion of it remained distinct, it being of a purplish hue and rather red near the edges. This condition continued until about 2:30 Luna's bright countenance began to peep out on Its eastern side, where the blackness had first made its appear ance and this continued to spread until the whole face waa again illumined. It waa one of the most successful eclipses ever attempted .by an astral body. The sky was as dear as crystal all through the' time devoted to the act in the section surrounding Omaha. Students by the hun dreds were out to view the phenomenon and they ha1 every opportunity to nia'.'.o close observations of the progress of the eclipse. Nearly ever' house In town had Its group of observers taking In the won der, and so unusual was , the view that many were loth to leave and return to bed until the moon shone out again as clear and bright as ever. WASHINGTON, -Feb. .-IVcause of a heavy snowstorm this officials at the navy observatory early tonight gave up any hope of taking observations of the eclipse of tha moon, which began after midnight and continue for aaverrxl K' -,r Ui ir raining hard at midnight withTio prospect of clear 1ng lcfore morning. . y The eclipse began nt 12:57 a. m. and ended at 4:37 a. m. It wns ween in its beginning In North and South America and western Europe ond Africa. The ending will be generally visible in North and Central America, western South America, northern Asia and Australia. AssiHirrt Astronomer Gahlll of the naval observatory, said today the observatory expected to make observations of the exact time at whleh some star passes behind the moon and emerges again, by which, with a knowledge of the speed at which the moon travels, the exiet can be figured. diameter of the moon LETTER FROM MR. ROOSEVELT Christian Endeavor Society Cele brates Ita Tnrentr-Flfth Anniversary. NEW YORK, Feb. 8. The midwinter con ference of Christian Endeavorers in this city was concluded tonight with a maxa i meeting in Carnegie hall In celebration of the twenty-fifth anniversary of the Chrln- Vice President Fairbanks were read, and a message from Emperor William of Ger many wa received through Baron Speck von Sternberg. President Roosevelt wrote: I heartily congratulate the Youna Poo. ple'a Societies of Christian Endeavor on , ,n twenty-fifth, anniversary of their foundation. I wish you all good fortune in your efforts for the moral and spiritual well being, of our people. The letter from the German ambassador was as follows: The German emperor has requested me to offer his hearty congratulations to tho Young People's Societies of Christian En deavor on the twenty-fifth anniversary of the founding of the organisation and to express his hope that the development of the societies will Increase In the oomlng years. The emperor appreciates the work the Christian Endeavorers are carrying on In Germany and all over the world. William Shaw, treasurer of the World' ! Christian Endeavor union, said: Twenty-five years ago one society, today 47.r,U!htKenflfny owelty? nown country In the world: then In one denom- Ination, now in nearly one hundred: then literature in one language, now in eighty: then In one church, now in scores of thou sands of churches, missions, schools, hos pitals, prisons. In the army and the navy ow" j RATE FIGHT IN CHICAGO Mayor Danne Refaaes to sign M-Ceat Ordinance Beeaos It I Too High. CHICAGO, Feb. 8. The city council in a special meeting today passed the ordinance .11 i Ik. d AAmnamlai a IK 1 -. a. j Turnlan ga, to consumers at 85 cent per i qoo feet. At present consumers pay $i per thousand. The oidlnance will not become operative at once for the reason that Mayor Dunne has declared In favor of 75-cent gas and haa declared he wilt not sign the 85-c-ent ordinance at thla time. TWO-CENT FARES IN OHIO tat Menate Passea the Measure and Governor Pettlaoa igns It. ' COLUMBUS. O.. Feb. k.-Goven.or Paul son late this afternoon signed the Freiner t-cent fare bill, which wa accepted by the senate today, and it U now a law. It will not go into effect, however, until thirty days have elapsed. The law pro vide that I rents shall be the maximum rat charged in transporting passenger ou ' the railroad of 'Ohio for all dlsiauk m I aaveaa of Av tulle. , ECLIPSE lBDIE tUDAHT ON TIIE STAND Bon of Millionaire Packer Relate! the Story of Kidnaping. FIRST WITNESS IN THE CELEBRATED CASE County Attorney Mabaoch Offers to Prove Hoth Pat ( rone and Jim Callahan Were the Utility Men. Jury Trying: Pat Crowe. M. Rosenbaum. ltli Bancroft, sign painter. H. L. Gibb, 1721 Van Camp, South Omaha, real estate. . Louis Rasmussen. 1511 8outh Fourth, clerk for I'nlon Pacific;. C. A. Baker, 1142 North Twentieth, team ster. Abner Thomas, colored, 2113 Nicholas, cook. H. Green, 35 South Fifteenth, printer. John It. David. IK William, dry goods merchant. W. H. Sloane, 830 North Twenty-fourth, South Omaha, poultrv supplies. John F. O'I.eary, 819 South Twenty-first, South Omaha, shoe dealer. Robert Severe, colored. 827 North Twenty sixth. South Omaha, Janitor. Charles M. Tracy. 741 North Twelfth, South Omaha, carpenter. Charles Kuncl, 1244 8outh Thirteenth, butcher. The above Jury was secured in the Pat Crowe case In Judge Sutton's department of the district court yesterday morning and tho trial proceeded with Eddie Cudahy, the kidnaped boy. as the first witness In the afternoon. Young Cudahy related his story in detail. County Attorney Slabaugh In his opening address to the Jury offered to prove that Pat Crowe and Jim Calla han were the kidnapers. The court room continues to be thronged to Its capacity with people eager to hear the testimony against the man charged with kidnaping a hoy and holding him for I25.0UO ransom and securing the ransom from the boy's father. Of the Jurors examined during the fore noon three were excused for cause. One of theso had a son working for the Cudahy J Tncklng company, and he admitted that that fact might have an influence on his verdict. Another was excused on account of poor health and the third because he was unable to understand Knglish readily. Witnesses Mini ftny Ont. When court convened in the nfternoon, Mr. Knglish, In behalf of the defendant, requested that all witnesses be excluded from the room until after they have given their testimony. County Attorney Sla baugh said he would offer no objection if he could be assured that the defendant's witnesses, whose namea he did not know, would be -excluded along with those of the state. He was given this assurance by Mr. English and the court ordered all per sons who are to testify to remnln out of the court room during the hearing. ' Ry the time County Attorney Slabaugh had begun his opening statement the crowd had grown so large the bailiffs had some difficulty In disposing of the people. About thirty women were present and they were given seals Inside the tailing. At the beginning of his statement County Attorney 'SInhaugh explained to the Jury that it was the state and not Mr. Cudahy that was prosecuting the' case, Mr. Cudahy being' ereitii wilnsiM -j4ao-i MM atreis on nlie. fact, that the .charge is robbery by putting , In fear, sndnot kifl nspjng. He. then told the story of the kidnaping In detail, (is he said the state would prove It In the evidence. He told of the two men In the buggy who accom plished the kidnaping of Eddie Cudahy and said he would show that the one who remained In the buggy ' holding the lines i was p,,t Crowe, who at that time wore 1 a light mustache, and that the other one, who alighted and placed young Cudahy In ' the buggy, was James Callahan. He also j Proposed to prove that Crowe was one of ; tne men w'10 bought the pony which waa ridden to the livery barn by the man who telephoned the Cudahy residence about the letter which had been found in the Cudahy front yard. He also said he would show that Crowe was one of the men who sought j to rent a building not far from the Grover eireci nouse. wncrc young iTJdahy was confined, and that the men had with them a gasoline stove like the ens described as being In the room by Eddie Cudahy. He also said evidence of persons Crowe has talked to since tho crime would be Intro duced as well a written statements by Crowe himself. Defense Glvea Xo Tips. Mr. English in his statement following County Attorney Slabaugh, did not indi cate what line the defense would pursue. Two or three time County Attornsy Slabaugh interrupted him with objections to the course his remarks were taking. At one point he referred to varied public sentiment about the case and the result of Callahan's trial. WJien County Attorney Slabaugh objected to this Judge Sutton dl I rected Mr. English to confine himself to a I statement of the evidence he proposed to ! present and not Indulge In argument. I At the close of the statement Mr. Eng lish urged the Jury to keep in mind the presumption of the law that the defendant Is Innocent until, proved guilty by the state and to hold Judgment In abeyance , until the evidence was all In. As soon as Mr. English had finished County Attorney Slabaugh called KdHlo j Cudahy. the victim of the kidnaping plot. to the stand. Before the examination began the defense objected to the Introduction of testimony on the, grounds that the Information did not state a crime under the laws of the state; that the opening statement of the county attorney did not show the evidence would support charge and that the acquittal of James Callahan, the alleged accomplice of Crowe, wa In effect, an acquittal of Crowe himself. .Judge Sutton overruled the ob jection and Mr. Cudahy took the atand. He described In some detail the lay of the land In the vicinity of his home at Thirty-seventh and Dewey avenue, and then told of going to Dr. Rustin' house with a book about I o clock on the even- ing of December 18, 1900, the night of the l.U n nv sa thai WOV liaa m.. I si I ' tlced two men driving north In a buggy, ! One of them looked at him very closely. He did not notice where they went. He 1 left the book at the house and started back home at once. Gil at HI Head. "On the way back," he said, "as I was . ..... . I...' V. . I . . near mr. " ouKy coming up behind me. I did not pay any at- tentloo to It until I heard it stop. 1 turned around and the buggy wa Just a little back of me toward the north and five or six feet from the curb. There were two men and n. r them, who had been slum, on lh- left side, got out and walked around the horse toward me. 1 thought he waa going to ask a question and stopped. But he put a gun to my forehead and told me to come along quietly. I objected, but he said I was Eddie McGee and my aunt had offered a re ward for my return to the reform school. I said my nam wa Cudahy. but the man said. 'That gam don't work.' I thought I tCoaUnued oa Third ' rage.) NEBRASKA WEATHER FORECAST Fair Friday and Warmer la Western Portion. Fair and Warmer Saturday. Temperatnre al Omaha Teaterdayl Fonr. A a. fl a. 7 a. K a. O . in n. 11 a. 13 m. Dear. . . 1H . . IK Hoar. 1 l. a v. a p. 4 P. rt p. i p. T p. 3 p. I p. I)ea. m m . . . m ..... . m . . . . nt m ..... n m ..... . m. . . . . . in HO 10 tf lit 1(1 14 11 W IS 11 IS 14 If lf i . TWENTY-EIGHT MINERS DEAD Explosion of Pocket of tins In West Virginia Mine nnffs Ont Many Uvea. CHARLESTON. W. Va.. Feb. $ At least twenty-eight men are supposed to have met death in a terrible mine ex plosion In the Farall mine of the Stewart Collieries company near Oak Hill. Thirty nine men were employed In the mine and only twelve have escaped alive. At mid night six bodies had been recovered near the mouth of the mine nnd It Is certain that all others In the mine are dead. The explosion occurred at 1:30 o'clock this afternoon and was caused by a pocket of gas which was struck in a fault In the mine. The explosion was terrillc and It Is thought that many of the miners were killed outright by it. The system of fans was completely wrecked and, all air was shut off. leaving the men who had not lieen killed by the explosion to smother to death. The mine Is a shaft mine about 709 feet deep and the unfortunate miner hnd little chance of escape. Most of the entombed men are Hun garians or negroes who had little experi ence In mining. They were not expecting the pocket of gas which Is nearly always discovered in mine faults In the Kanawha region. Mine Ross Miles Pratt and his son are among the victims. CURE FCR TUBERCULOSIS Prof, vim Retiring Partially Explains His Discovery, but Will Keep It Secret I ntll Fall. BERLIN, Feb. S. Prof. Emil von Beh rlng, the discoverer of the diphtheria serum, addressing the German agricultural council today, announced his determination to adhere to the resolution which he pro mulgated In Paris of keeping his tubercu losis remedy secret till the autumn. The professor discussed lengthily the method of preventing consumption by Im munizing milch cows. The aim Is to secure milk having Immunizing properties. He claims to have approximately solved thl problem. Cows are treated when very young with a fluid, which Prof. Behrlng calls tuberculide. It Is Injected under th skin of the young cows repeatedly for two to four weeks. The remedy at first was very costly, because It was almost Impos sible to preservM It in good condition, hut a method has recently been discovered by w-hlch It can be preserved antiefactorlly and at a moderate coat. Prof. Behrlng also treated cowe which showed a, ylrulqnijtpf o tvbrrculpsle . in their filik, but the' bacnllll dlsapieared aftefc several -weeks' treatment. His theory Is that children fed on milk from cows rendered Immune through his treatment be come themselves Immune. RUFUS JOHNSON TO BE HANGED Segro Is Convicted of Mnrder of Miss Florence W, Alllnson nt Mount Holly, N. J. MT. HOLLY. N. J.. Feb. '8.-Ruf us John son, the n "gro who was arrested In Balti more about a fortnight ago charged with killing Miss Florence W. Alllnson, near Moor est own, N. J., nn January 18, was placed on trial today, convicted of murder in the first degree tonight and sentenced to ho hanged In two weeks from tomorrow. Because of- the atrocity of the negro' crime It was feared by the authorities that there would be a hostile demonstration against the defendant when he would be brought Into court, but no unseemly In cident marked the trial of the case. CATHOLIC CHURCH COUNCIL All Blshopa In I'nlted "tatea Gather at Baltimore Bfext Month. Will SYRACUSE, N. Y.. Feb. .-The Post- Standard quotes a "reliable ecclesiastical I authority" as saying that a plenary or na- tlonal council of the Roman Catholic church in the I'nlted States will be held at Bait!- more next month. Every bishop In the I'nlted States must attend and each will be accompanied by his secretary and a theo logian from his diocese. Cardinal James Gibbons will preside. The last plenary council waa held at Baltimore in 1884 and Its deliberations and decrees are now the law of the church In thl country. EMERGENCY RATIONS FOR ARMY Kansas City Parker Asked to Bid on 2.tS.4ST0 Pounds of Marching Buppllea. KANSAS CITY. Feb. I.-Kansas City packers have been asked to offer bid on 235,000 pounds of emergency ration for the United State army, according to informa tion given out here tonight. The bid are to be opened In thl city February 10. The ra tions consist of such food as soldiers use while marching and In the field. It Is sur mised that the rations are for use In the possible event that serious uprising may occur In China. QUESTION OF DIVIDEND WAITS Action of Union Paella Regarding Payment Passed Until Meeting Nest Wednesday. NEW YORK, Feb. . Action on the Union Pacific semi-annual dividend ha been post poned until next Wednesday. Meetings of the Union Pacific and Southern Pacific, ex ecutive committee were held today, but no i announcement followed, i . j MoTeBeuta of Ocean Vessels Feb. H. ; At New York-Arrived: Baltic, from , Liverpool; Ainsteidyk, from Rotterdam; : Cassel. from Bremen. Sailed: Arable, for I Nples; La Gascogne. for Havre; Rheln, for Bremen. At London Arrived: New York. Minnetonka, from At Malta Arrived: Tydeus, from Tacnana. At Hong Kong SuiU-d: Empress of India, from Vancouver. At Genoa Arrived: Republic, from New York. At Havre Arrived: La Touraine, from New tors. At Liverpool Arrived: Corinthian, from Halifax. Sailed: Noonlland, for phlladet- Pin; itummian. tor ualimx. At Queenslown Sailed: Joajeatic, for Nsw a or. Supreme Oonrt Upholdt Contention of State in the Trait (ate. 1UNK1N ANTI-TRUST LAW IS SUSTAINED Temporary Restraining Order Agaiitk Grain Trust it Med Permanent. V OMAHA COUNCILMEN NOT IM CONTEMPT Highest Court in State Eevereei Sutton and Eoldi Information Iniufflcient, RECIPROCAL INSURANCE TAX LEGAL Derision In Thl Case Involves Thirty Seven Thonaand Dollars In Tnse Held t p Since Can Wa Filed Several Years Ago. fFrom a Staff Correspondent.) ' LINCOLN. Neb:, Feb. .-(SpecJal Tele gram.) The "grain case" has been won by the state. The supreme court tonight over ruled the demurrer of th allied attorneys of the grain dealers and made perpetual the temporary restraining order to prevent, them from combining, secured by Attorney General Brown some months ago. The opinion was written by Judge Lcttoti and he upheld all of the anti-trust laws. In cluding the Junkln net now upon the stat utes. The court reviewed at length the ar guments by the attorney general and by the attorney for the grain men; then held with the legal department that each act Is a part of the system and one Is supple mental to the other. The court holds also that repealing a law by Implication will not hold, but that the latter law Is merely sup plemental to the first, repealing only those sections whleh It covers. In his syllabus Judge Letton si Id: All stntutes upon the same general sub ject are to lie regarded as part of one sys tem, and Inter statutes are to be considered as supplementary or complementary to those preceding them upon the same sub ject. Statutes In pari material should be con strued together. ' Repeals bv Implication are not favored. Where the legislature has passed two statutes upon the same subject. the later covering the entire matter em braced In the first, and also additional pro vision, the later act supersedes tho first ami repeals the first by Implication. But if the later statute does not cover the entire field of the first and falls to embrace within It terms a material portion of the first. It will not repeal so much of the first as Is not In cluded within Its scope, hut tho two will be construed together so far a the first still stands. Rule implied and held that the anti-trust act of 1SS7. known as the Gondrlng act, was repealed by Implication by the anti-trust act of 1905, known as the Junkln set. exceot as to the first section therein defining "trusts." Unless It nnneara from Its terms that an act annivlne to a certain class of persons Is meant' to cover all Inhibitions and regulations affecting them a later sreneral act upplytng to all persons and prohibiting in general terms tne acts specified in the former act. as well ns a number of other acts and purposes, defining new crimes and presrnnmg new penalties, and vlvlng new civil remedies, will not be held lo except the persons embraced In the former act . from the operation of th tatter. ' - Rule annlledi and held thnt th sets of , 1R87 and 1R97 prohibiting" combination br . grain dealer and others to fix the prlc r ;. grain, etc.. do not except such dealers fw ' the operation of the later general antl-tnisi acts of 1897 and 1905, applying to all illegal combinations to fix prices, etc. Defendants In Grain Case. The defendants are: Omaha Elevator company. ' Evans Grain company. Duff Grain company.' Haves Klines Elevator company. Central Gra naries company. Ewsrt-Wilkinson Grain company, Nye-Schnelder-Fnwlcr company. Nebraska Elevator company, Crowell Lum ber and Grain company. Nebraska-Iowa Grain company, Westhrooke-Gibhon Grain company, Updike Grain company. Trans, misslsslppt Grain company. Jaques Grain company. Wells-Hord Grain eompanv. Spelts Grain company, Holmqulst Grain and Lumber company, th 3. H. Hamilton com- . panv. Torpln Grain company, Peavev Ele vator company, Anchor Grain eompanv. American Grain company, Atlaa Elevator company, Baker-Crowe!! Grain eompanv, William H. Ferguson, Edward Porter Peck. Reuben B. Schne'der, Augustus H. Bewsher. Horace G. Miller. Frank 8. Cowgtil, Nelson B. Updike. Edward S. Westbrooke, Flovd J. Campbell. Christopher C. Crowell, jr.. Frank Fowler, Ray Nye, John B. Wright. William E. Morley, Frank E. Coe. Edward Slater. Frank Levering. George H. Hayes, l'snest Eames. Riohsrd Wilkinson, Stenhen Ewsrt, John T. Evans, Gilford J. Raileback. Wil liam B. Banning, Edwin N. Mitchell and Jv'lcholus A. Duff. , Connrllmen Sot In Contempt. The supreme court tonight reversed and dismissed the contempt . rase against the five city councllmen of Omaha who hnd been sentenced to thirty days In jail by Judge Sutton because they voted for the Omaha ga ordinance while a temporary restraining order against them wa in ef fect. ' The court holds the motion to quash should have been sustained in the lower court because the acts alleged to have constituted contempt had not been set out In the Information with that certainty re quired In the punishment fer a crime. For all . thr1' Information told, the court said. the vote taken by the council might have been a straw vote taken to ascertain how the council would vote were there no re straining order in force. ' The opinion waa written by Judge Sedg wick, and In his syllabus he said: A prosecution for constructive rMii.nm Is based upon an affidavit or Information alleging the facts constituting the con tempt. If such Information is amended by interlineation In matter of substance It must tie verinea and there must be a trial thereon as upon a new prosecution. In a prosecution for constructive contemDt in the violation of a restraining order the affidavit or Information must set forth the acts constituting the violation. The gen eral allegation that the defendant haa die. obeyed the restraining order Is not suf ficient to give the court Jurisdiction. A prosecution for contempt Is In the na ture of a prosecution for a crime and the affidavit must state the acts constituting the offense with as great certainty aa r4 required In criminal proceeding. Reciprocal Tax Law Upheld, The reciprocal tax law of Nebraska waa today held to be constitutional by the su preme court, which decided against . tha Insurance companies of North America which sought an injunction, to prevent the auditor from collecting the tax. Since the uit was filed several year ago nearly all of the foreign fire companies have refused to pay the tax, until now there 1 $37.4X0 due th stale. Judge Letton wrote the opinion and Chief Justice Sedgwick; dis sented. , In tha syllabus Judge Letton said: The slate courts are bound by th de cisions of the United State supreme court regarding the proper construction of a, clause of the federal constitution and Its application to the question involved In the titration. The business of Insurance is not com merce, and the making of a contract of Insurance Is a mere Incident of commercial intercourse, in which there is no difference whatever between insurance against . fire. Insurance against the peril of the sea or Insurance of life. (New York Insurance company against Graves, 17$ U. 8., $. Yelser's Appearance Not Good.' In the case entitled Several Tract of Land. John O. Yelser. against the Stats, the supreme court bold to th decision of the district court.. which refused to . recognlt. Yelser answer, b mppeartuc aa veiuo
