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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 9, 1906)
The Omaha Daily Bee
Bee Phones numbers:
Circulation .... Douglas
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.
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
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
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
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
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
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
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
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
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
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
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.
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
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
GIVES THE FULL AMOUNT ASKED FOR
Congressman Pollard Settles Hot
Poatofllce I'laht at Teenmseh br
Recommending the Present
(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
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
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
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,
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
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
Nebraska. Appointments Conlrmed.
The senate In executive sessloti today
confirmed the following nomlnath
Registers of Land Ofllces Luke II. Bates,
Neb.; Stephen J. Wpekes, at
Receivers of lnd Offices 8a nfoid Pa:ker,
at O'Neill; Olof Olson, at Valentine.
genate Committee lnereas
Called for by Sleasar
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,
for the bureiu of animal Industry,
nent of Agteultur. tH5.000, and
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
, Feb. g. Assistant Secre-
the Department of Cora-
r. cnalrman of the cum-
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
hue for Seattle until
A BRILLIANT SHOW
nevoid of rionds and Atmos
pheric Condition Perfect for
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
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
RATE FIGHT IN CHICAGO
Mayor Danne Refaaes to sign M-Ceat
Ordinance Beeaos It I
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
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
' 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. ,
lBDIE tUDAHT ON TIIE STAND
Bon of Millionaire Packer Relate! the Story
FIRST WITNESS IN THE CELEBRATED CASE
County Attorney Mabaoch Offers to
Prove Hoth Pat ( rone and Jim
Callahan Were the Utility
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,
H. Green, 35 South Fifteenth, printer.
John It. David. IK William, dry goods
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,
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
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
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
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
. . 1H
. . IK
m . . .
m ..... .
m . . . .
m ..... .
m. . . . . .
TWENTY-EIGHT MINERS DEAD
Explosion of Pocket of tins In West
Virginia Mine nnffs Ont
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
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
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
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,
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
At London Arrived:
At Malta Arrived: Tydeus, from Tacnana.
At Hong Kong SuiU-d: Empress of India,
At Genoa Arrived: Republic, from New
At Havre Arrived: La Touraine, from
At Liverpool Arrived: Corinthian, from
Halifax. Sailed: Noonlland, for phlladet-
Pin; itummian. tor ualimx.
At Queenslown Sailed: Joajeatic, for Nsw
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.
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
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 $37.4X0
due th stale. Judge Letton wrote the
opinion and Chief Justice Sedgwick; dis
sented. , In tha syllabus Judge Letton said:
The slate courts are bound by th de
cisions of the United State supreme court
regarding the proper construction of a,
clause of the federal constitution and Its
application to the question involved In the
The business of Insurance is not com
merce, and the making of a contract of
Insurance Is a mere Incident of commercial
intercourse, in which there is no difference
whatever between insurance against . fire.
Insurance against the peril of the sea or
Insurance of life. (New York Insurance
company against Graves, 17$ 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
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