The Omaha Daily Bee. CEVVS SECTIOl Psnss 1 ta 8. VOL. XXXV-NO. 293. OMAHA, SATURDAY MORNING, MAY 26, 1906 SIXTEEN PAGES. SINGLE COPY THREE CENTS. THE OMAHA DEC Best West i I' ) i THOMAS IS GUILTY Hew York Freight Broker and Clerk Found OnUtj of Conspiracy. XWRY IS OUT BUT HALF AN HOUR Argument for Motion for New Trial Will Be Heard Today. GEORGE H, CROSBY IS RELEASED VV JuUa MoPhenan Bustaini Demurrer to Eridsnce in Rebate TriaL lj HOLDS GOVERNMENT FAILS TO MAKE CASE ', ' la Opinion ( Judge Sufficient Evl- i fii Wu Kt Introduce to I Convict Farmer Burlington TraJBa Manager. KANSAS CITT. Mar 24. George 1 Thomas, a freight broker, and L. B. Tag gart, a clerk working for Thomas. In the United States district court hera lata to day were found .guilty of tba charge of conspiracy ta illegally Siva rebatea to ship para Tha Jury, considered tha case only thirty minutes -before arriving at a ver dict. Attorneys for the defendants will file ' a motion for a new trial- and the motion will be argued tomorrow: The court will no pronounce sentence against Thomas ad. Taggart until the motion for a new t. it is disposed of. Momu and Taggart live in New York. , Cnd Taggart, who has been In court only T V In tha nxraon of his counsel, is said to " T be very ill in that city. He and Thomas I . . i k .mi mwA nave oeen unar iwnua ui e,vw -the court allowed the bonds to continue Ir. force until sentence is Imposed, The section of the revised statutes un der which Thomas snd Taggart are con , victed provides that their punishment shall be a fine of not less than $1,000 or more than $10,000, or Imprisonment in the peni tentiary for not more than two years, or a a 1 . I - both fine and imprisonment ai iu. ulc eration of the court. . Crosby Is Released, Oeorga II. Crosby, general freight traffic manager for tha Burlington railway, was discharged by Judge McPherson today in the United States district court. The court sustained the demurrer of Crosby's coun holdlne that no evidence had been presented to connect Crosby -with a con spiracy as charged In the Indictment re turned last December by the grand jury. .Thi iniil-inMnt charred that Crosby had fff conspired with Oeorga I Thomas, a freight f broker, and L. B. Taggart. his clerk, to i i -----. d rebates to certain persons. Then the two cases against Thomas and Taseart ware considered. In the first case, In which tha defendants were charged with consDlrina with Crosby to pay rebates, tha demurrer of tha defense was granted. - In this case Judge McPherson said. In . that 'the evidence showed that If a crime had been committed It was com mitted m New York or Chicago, outside tha Jurisdiction of thlk court. Tha con tracts made by shippers with Thomas nmiiit not he considered overt acta, tha court said, because on their face they were legitimate contracts. In tha second case against Thomas and Taggart, In which they are charged with conspiring with shippers to obtain and pay rebates. Judge McPherson overruled tha demurrer. In this case, the court said, tha government contended there was an addenda to the contracts, and that addenda 1 contemplated a crime by conspiracy. Tha court would not say that there was not . a.hat..i that it was not dona In Missouri and In this Jurisdiction. Tha f rase, therefore, must go to tha Jury. Tha 1 -f ami .a mHmici anil the argu ments were Immediately begun, continuing tor three hours, tha case going to tha Jury late In tha day. tha case against Crosby, Mr. Crosby's name has seldom been heard In tha pro ceedings, which were begun hera on Tues day last. The first testimony offered by the government to show Crosby's alleged part In the conspiracy was that of Frank Barry of Washington, D. C, former agent of the Interstate Commerce commission. Barry said that Crosby told him In 1905 that the Burlington railway was paying George I Thomas a "generous salary" because of the tonnage he controlled. Judge McPherson said: Such evidence cannot be used to deprive any man. hlsjh or low, of his liberty. Nor ran such evidence be used to create a cloud inon any man s, name by reason of a -rtmlnal prosecution in any court, state or eaerai. Rebates raid by Dead M Tudge McPherson paid there waa nothing js evidence to Indicate that Crosby ever d the payment of commissions' or ' to Thomas, or that ha had any ga of the transactions, but that. a contrary, it had been testified that mas Miller, now dead, had always Aied such orders to the claim depart- Kient - Mr, Miller died a year ago. T In sustaining the demurrer as to Crosby, Judge . McPherson said, to Illustrate the I conspiracy with which ft waa sought to 1 connect tha defendant: "Suppose $300 a I month, or I per cent on the business ob I tatned. Is deemed a fair remuneration. If I the partlea are agreed, It is na concern to I others. . But suppose that, knowing that tJ0 a month, or I per cant commissions. Is Ifalr compensation, the company pretenda . a to give, or tha agents pretend to receive r 1400 a month, or per cent commissions, with the secret understanding that tha agent shall pay over to consignees of such freight ha may contract tha one-half of which la paid to him under the guise of compensation, what Is and what can that be but tha payment of rebates? And how I ran It be said that such merchants who receive money In that way and the com panies paying It In that way, are not all guilty of crime against tha United States r BAD WEATHER FOR REFUGEES Lew Temperature, Wind and Bala Afreet Pee pie In California's Tent City. 4 SAN FRANCISCO, May 25.-A heavy rain and wind storm, which began last night at I o'clock. ' continued throughout tha night. It caused much suffering among tha thou sands of refugees living In tents and Im provlsed shelters In tha public parks, pruel Olo and vacant lots. Tha majority of these unfortunates are provided with good tents, but hundreds are poorly proteuted against the inclement weather. Id addition to the rain and win tha night waa very cold. . Presbyterians aeleet Birmingham. OHSENVILLE. 0. C. May Tha Southern Presbyterian church today de- door, but as they did so ho shot and In elded on Birmingham. Aie-. for neat year's atantly killed himself, Mlsa AicOarry ansmbly. will recover. KING MEETS FUTURE QUEEN FVtrmnl Reneptloa Takes Place at Iraa, with Previews Meet las; at Aaaoaleate. IRUN, Spain, May JR. King Alfonso greeted his bride, Princess Ena of Patten- berg, as aha entered Spain In the early hours of the morning, amidst an enthusi astic popular welcome and the homage of the Spanish ministry. The special train bearing the princess reached the frontier shortly after sunrise. The morning mists still hung over the river Bldassoa, separa ting Franca from Spain, as the train reached the center of the bridge, and the Spanish fortresses belched a welcoming lute of twenty-one guns from the heights of Pena de Aya, commanding the frontier. At the same time regiments of carbineers and ancient Sicilian guards were massed on the footways of the pier and with trum pets and banners saluted the bride's entry Into the kingdom, while the bands played alternately the British and Spanish ne tlonal hymns. c In the meantime King Alfonso, ,, x, uniform of a field marshal and s' '..iu by the ministers of the crown, .Jurt chamberlains and the military and ..vil au thorities,- awaited the princess at the rail road station, which was sumptuously dec orated with a floral arch, carpeted with red velvet and hung with the royal banners and other Insignia. Scores of noble ladles of San Sebastian, with their little daugh ters, daintily . costumed in white, bore bo- quets and garlands for the princess. Premier Moret directed the governor gen eral to admit the public to the platform and to give the people every facility to see their future queen. The meeting of the king and princess, although a ceremonious state function, was none the less marked by the unaffected Joy and cordiality of the young monkreh. The king presented his ministers, who officially welcomed the brfda to Spanish soil, and she graciously acknowledged the official salutations. But the spontaneous enthusiasm of the people seemed to give greater satisfaction to the king, who conducted the party to the royal train, where the princess waa In stalled In a luxurious coach, which had been transformed Into a veritable bower of red and white roses. . . At 6:15 a. m., amid continued salvoes from the fort and tha cheers of the people, the train left Irun for Madrid. Tha peasuntry lined the tracks and packed the stations along the line, giving the young couple a continuous ovation. BORDEAUX, May 15. A meeting between King Alfonso and Princess Ena of Batten berg, the future queen of Spain, occurred with absolute privacy at Angouleme. The king traveled incognito In an ordinary train from Irun to Angouleme, no ona knowing of his presence In France, and the greatest surprlse was caused on the arrival of the princess' train here, when ha was seen tit- tlng In the salon smoking amidst the floral decorations and the Spanish and British I oolora. The princess was not visible. I Tha Spanish and British consuls greeted I the king on his arrival here and tha train departed at 1:21 a. m. for Irun. WOMAN ' DEFIES OFFICIALS Mrs. Moateflore Defends Her Doctrine f Na Taxation Without , Representation, 'e LONDON, May 26. Mrs. Dora Montefiore. woman suffragist leader who. In pro test against taxation without representa tion, barricaded herself In her home at Hammersmith, May 24, against tha tax collector and sheriffs' officers, tonight Is still "holding the fort." During the day she appeared at an upper window and de claimed in favor of woman suffrage, to the crowd which had gathered to watch tha siege. MUTUAL'S LONDON OFFICE SHUT American Concern Falls to Open Poors for Bnslness In British Capital. LONDON, May 28. The head office of the Mutual Reserve Life Insurance com pany In London and all the country agen cies did not'open for business today. NBW YORK. May 26. Vice President EUdrldae of the Mutual Reserve Life In- surance company explained today that the closing of their offices In England waa be- cause the new law of New York makes It unprofitable to secure new business. ' Mrs. Baxter Presented at Court. LONDON, May 26. King Edward and Queen Alexandra held the first court of the season at Buckingham palace today. The prince and princess of Wales and all tha members of the royal family now In London were present. Among the presenta tions were Mrs. and Miss Margaret .Baxter, wife and daughter respectively of O. W. ...-, . " ... - m ' ' " v. - - j ........ . Chinese In Knroee. LONDON. May 26. The Imperial Chi nese commission, .naving conciuaoa us Investigation of government-! and eco nomical conditions In England, departed for Brussels to resume their study today. Hew Pier at Delay. Trurtfi Ma v &. A tiler and warehouse have been opened at Dalny for tha nee of Jananese sublects. which action Is pre- llminarv to the early ODening of the port to all nations. Crocker Takes a Prise. LONDON, May 26. H. J. Crocker of Ban Francisco today was awarded a gold cup for his exhibit of Hawaiian stamps at the International Phllatenc exhibition, State Fnneral for I been. CHRISTIAN! A, May fS. Pa.-liament to day voted to give Henrik Ibsen a state funeral. JEALOUSY CAUSES SUICIDE Xew Tork Man Weiaii Woman and and Then Ends His Own IJfe. NEW TORK, May ii Becsuse she had threatened to leave him and had shown him a photograph pf her new lover. John Kindrovlea today shot and wounded Cecelia MeOarry, a handsome women. In thslr apartment In West For.y fourth Street. When the police broke Into his apart ment Kindrovlcs killed himself b a shot In the brain. Kindrovlcs, who was a Hun garian waiter In the Hotel Metropola, had a quarrel with Mlee McGarty at their apartment early today. In vhlh the woman showed the photograph to lit in. Ho drew a revolver. Miss McGarry, in her nightgown, ran Into the hallway nlth Kindrovlea In pursuit. At tha head of tha stairs he shot her In tha shoulder and she plunged down-stairs, narrowly missing another bullet. Kindrovlea locked I himself In his rooms and threatened ta I not tn policemen who broke diwn lha ALL MEAT TO BE INSPECTED Important Eider to Agricultural Bill Tacked on by the Senate. PACKERS AND PRODUCERS INTERESTED Prodarts Not laspeeted and Bear Ins; Rrand ta Be Barred from Interstate Cem- (From a Staff Correspondent) WASHINGTON. May 2S.-(8pec!al Tele gram.) The senate today attached to tha agricultural appropriation bill Senator Beveridge"''' measure providing for an Inspects- . . inilnatlon and supervision of live yVrvv" aheap, swine and goats and c- and food products thereof which ,-vSoJecta of Interstate and foreign com S "v.ce. This bill Is the result of a long inference between the Department of Agriculture and the Department of Com merce and Labor snd Is vitally Interesting to packers and stock growers. The un sanitary condition of some packing houses has not only been the subject of a novel recently Issued, which has raised a storm of Inquiry, but has been the subject of official investigation on the part of the president, who has sppointed a commission to Investigate conditions In the peeking houses throughout the country, Senator Beyeridge Introduced the bill on May 21 to provide for the Inspection of live stock, with a view of having the same branded as sound, healthful and fit for human food, and those unfit condemned, but the present bill went further than that. It provided that slaughtering, canning snd packing of cattle, sheep and swine should be performed In a sanitary manner and in a sanitary place, under rules prescribed by the secretary of agriculture, and It further provided that the Inspectors provided for under the bill should report upon the sani tary conditions of every establishment According to the reading of the bill, both the stock growing and packing Interests will be affected by this measure, and it Is safe to predict that the house of representa tives will be face to face with a situation when the agricultural bill Is sent to con Kress that It never anticipated when It passed the big money bill for the Depart ment of Agriculture. Cattle Interests Awake. Today Senators Millard and Burkett and Congressman Kennedy saw the president In relation, not to this measure, because they did not anticipate it would so hastily pa,, one branch of congress, but on the general proposition which seemed to them mo.8t reasonable, that the stock growing ln- terests and packing interests were entitled to a .hearing In the matter. The confer- enoe nad between the president and the representatives from Nebraska Is neces- aarlly confidential. Sufficient, however, wg learned ' to show that the president, while believing that some suoh measure I as Introduced by Senator Beveridge waa fni wna inclined to await a report from the commission : now Investigating conditions In the Chicago packing nouses and they were led to believe that nothing would be dona untU.a comprehensive re port could be made. - Yesterday representatives of cattle grow ing Interests of Colorado saw the presi dent along similar lines. Now that the senate has adopted the Beveridge b)U and put It up to the house to accept or dis agree with the bill it will be Interesting to watch the gymnastics of tha house in the next few weeks. When It Is realised that the Beveridge bill was attached to the agricultural ap propriation bill when a point of order would have ruled It out It naturally sug gests the question, what did the senate have In mind when It attached this im portant measure to a money bill as a rider? Desired to Go en Record. Of twenty-five republicans who voted "no" on a rule brought In by the com mittee on rules In the house today, three came from Nebraska, Kennedy, McCarthy and Norris. Their votes were not against sending the railroad rate bill to conference, but were In favor of voting afflmatlvely on certain amendments passed by tha sen. ate. All three members from Nebraska voted in favor of including the express com Denies wlthtn the limits of tha Hep- burn rata bill, and as the senate passed such an amendment, they desired to ex hrfr individual oDlnions that the ex companies should be Included within th provisions of the bill. On three or four other amendments they desired to have an individual voice to concur In sen ate amendments, and fearful lest many of the senate amendments would, be traded out In conference, their votes were cast In favor of Instructing the conferees directly Instead of being compelled to Instruct them, as In all probability will be the case, by Indirection. Instruction In Aarrlenltnre, Congressman Pollard appeared before tha committee on publio lands tcday and mads an argument In favor of his bill appropri ating $600,000 for instruction In agriculture In tha state normal schools of the United B tales. Mr. Pollard contended that tha euu- Ject ot agncuuure is one suojeoi uim oi me greatest importance 10 me people oi the country and a subject most negiectea in the curriculum of our publio schools. He urged that agriculture should be taught In every district school. In ordi r to do It- It should be taught In tha norr al schools of the country. In order that tracers may k. OUalified to teach this Imporcant subject. It waa his Idea that the United PUtes could well afford to furnish pa: l of tha funds for carrying forward this Unpcrtant work. Mlaor MaMers at Casltal. Conn-enaman Ksnnedr was notified tndav that Tmohss H. I'laUrr, Omal a, had been granted a pension of 16. Representative Kinkald today advised that the Poatoffioe department had signed a lease with the' First National bank at Greeley for a portion of their bank building as a post office Senator Burkett was today advised that a pension of $24 had been granted D. H Fermau of Wilber. Representative Met-arty today secure the reappointment of James M. Beaver ai post master at Bcrlbrer, Dodgs county. .' M. H. Hurlskuy of O'Neill, H. E. Jixas of Octavls and A. L Lock wood of Martins burg, Neb. .have been appointed railway mail clerks. Applications to organise national banks approved: First National bank of Thorn ton. Ia., with fcS.000 capital, by C. H. Mc Nlder, W. H. Uagley, C. A. Parker. O. T. Denison and E. D. Allen; The First Na tional bank of WultUke. 8. D.. With I36.0UO capital, by H. W. Hinrlchs. John Parker. Mathlaa Gilbert, August Bentner, John Goeres and others. Postmaster appointed Iowa: Hansell, Franklin county; Frank P. Fowler, vice H. O. Horner, resigned, south Dakota: Eagle wood. Lawrenoe eouaty; Ernest & Wlrto, vtoe WUUani Fagaa, raiaovad. BERNHARDT BLOCKS THE WAY Omaha Commercial Clan Train stalled nt Manknto by Accident ta Actress Car. MANKATO, Kan.. May 25.-(Bpecll Tele gram) Excursionists sre meeting with reg ular home-like treatment from all towns today. At Mankato they were met at the station by Mayor O. R. Kramer and the Mankato Commercial club, with carriages for the entire party. They were taken to the feast preps red by the Presbyterian Ladles' Co-operative society. The dinner was so elaborate that when the charge of 60 cents was made they each dropped In $1 Instead. On leaving Mankato the party proceeded only about two miles when they overtook Sarah Bernhardt's special, which had met with an accident, one truck having come out from under her private car. No on was Injured. They are all held here In definitely. Madame Bernhardt, being nervous over the accident having occurred, refused to go further without changing engines. The track was torn up for half a mile and ties for several yards were cut en tirely In two. The trains have finally backed Into Mankato and arrangements are rapidly being made for the trains to pro ceed. Madame Bernhardt Is scheduled for St. Joe tonight and the excursionists are sadly delayed, but will probably reach home before morning. Madame Bernhardt refused to be seen by press reporters and sent very specific instructions to the Rock Island officials on the subject. Later she yielded to persuasion of the Omaha ex curslonlsts and bowed to the party from her private car and posed for a special photograph by the excursion photographer, Bernhardt's special left at 2:26 p. m. and the excursion followed two hours later. FAIRBURT, Neb.. May 26.-(8peclal Tele gram.) While the track was being repaired at Mankato the following note was sent to Madame Sarah Bernhardt: The Omaha Commercial club extends sin cere congratulations on your safety from aocldent. The following reply was received: I thank you very much for your congrat ulations. 1 hone you will make a happy trip. I am taking my bath and 1 cannot see you. After leaving Mankato the next Important point was Formoso,-Kan. There the' cltl- tens and several close-by farmers had gathered at the station with their band to meet the excursionists. A hearty recep tlon was accorded at Courtland and Scan dla. At the latter place the genial banker. H. S. Cooper, with his wife, sent to the train a buttonhole bouquet of beautiful roses for each person In the party. At Bellevue, Mlnden, Narka and Mahaska tha cltlsens were alike enthusiastic In extend ing their welcome to the Omaha Jobbers, When Falrbury was reached, though the day had really been the most enjoyed of any, the party was glad they were hearing the end. Here they were met by a com mittee of the local Commercial club, which escorted them to the First eMthodlst Epis copal church, where the women had pre pared a sumptuous meal. After supper they were taken to tha large Odd Fellows' hall, where the meeting waa called, to order by the president of .the aFIrbury Commer cial flub, Mr. Vina Pease, who Introduced Mayor Uhley.-,' Speeches were - made by Charles M. WUhehrt, W. 8. Wright and 9 A. Searla of Omaha and Colonel George Jenkins and Attorney Barnes of Falrbury, after which a smoker waa Indulged In and punch was served. It was certainly a f.t ting event for the closing of such a sue oesslon of ovations given and good will shown all along the Journey of the past few days. W. L. Tetter, chairman of the trade ex curslon, expressed himself as being very highly pleased with the trade boosters he had with him on this trip. He said "a bet ter crowd could not be picked up In a life time." Mr. Yetter deserves credit as a never-tiring worker In anything he under takes and this trip was no exception. Tha only Omaha papers received during the entire trip were The Omaha Morning and Evening Bee and Hotel Reporter. These reached us regularly by express, which were thoroughly enjoyed by all. The expressed opinion of all was that the enterprise shown by the publisher of The Omaha Bee, Mr. Edward Rosewater, was appreciated and surely added to his popularity. Mr. J. E. Utt, general agent: H. A. Perkins. commercial agent of Omaha; David Bur leigh, trainmaster of Falrbury, Neb., and E. F. Stran, division freight agent of To- peka, Kan., were the Rock Island officials who accompanied the excursion party. The run from Falrbury to Lincoln sixty- one miles was made In sixty-six minutes, with one stop. Good time was continued on to Omaha, arriving at Union station at 12:J a. m. DEATH RECORD. William A. Campbell. TECUMSEH, Neb., May 26.-(Speclal Tel egram.) William A. Campbell, prominent In tha affairs of Johnson county for a great many years, died at his home In this city this afternoon after being In failing health for several months of a complication of stomach and liver troubles. Mr. Campbell was born In Rushville, 111., December 29, 1842. As a young man he went to Pitts burg, Pa., where ha acted as purchasing agent for the Union Stock Yards company for a number of years. He was married to Miss Jennie M. Lllllbrldge at Upper San dusky, O., on March 8. 1870, ''and to this union two sons were born J. T. Campbell who is now agent for the Burlington route at Hebron, and C. C. Campbell, who Is em ployed In the train service of the same com pany, with headquarters at Hastings. Mr. Campbell had been a resident of Johnson county since 1S70, when he located on a farm near Smartvllle. The funeral will be held at the home Sunday afternoon at 8 o'clock, conducted by Rev. T. D. Davis. Burial will be In the Tecumseh cemetery. William jr. Bebeeek. EXETER, Neb.. Mt y 26. (Special.) Will lam N. Babcock. onu of Exeter's pioneer residents, passed awsy at his horns hera early Tuesday morning and was burled to day. Mr. Beticork was born In Dalton, Mass., in 1841 He served In the navy during I.. rebellion and came to Nebraska In the early TOs, locating In this place when there was less than a half dosen In this vicinity, For the past twenty-five years he had been engaged In the Insurance business. engaged in the Insurance business. Tha fu neral service were conducted by tha Chris tian Science church, ot which he was a member. J. M. Williams. VALI.ET. Neb., May 26.-J. M. Williams died at his horns near Valley today at the age of 77 years. Mr. Williams, one of the oldet residents, was one ot the most prom inent and wealthy farmers cf western Doug las county. He leaves a wife and one daughter, Mra. J. V. LenteTI. The funeral will be held Saturday, May 26. 19ne, from the Methodist Episcopal church, of which ha had bean aa active aod much beloved member tor many years. GREENE OUT OF THE RACE Well Known Omaha Lawyer Will Not Fight for Senatorial nomination. CONDITIONS UNFAVORABLE TO CANDIDACY Admits Edward Rosewater Is foalcal Candidate for Those with Roose reltlan Ideas Manlfleanee In Local attention. The senatorial situation has taken an other step towsrd simplification by the statement of Charles J. Greene of this city, who - had previously announced his Intention to be an avowed candidate for the republican endorsement, that he will not ask for a delegation. In all the pre liminary estimates Mr.- Greene was fig ured ss a factor and was urged as a possible candidate upon whom the oppo sition to Edward Rosewater might cen ter. Following closely upon the announce ment by G. W. Wattlea that he would not enter the senatorial race, tha with drawal of Mr. Greene has added signifi cance. Mr. Greene was interviewed in his law offices In the New York Life building and answering a direct question said: "I shall not undertake to put up a dele gation or go to any fight for the nomina tion. It Is too expensive a luxury- Mr. Rosewater the Logical Candidate. "In coming to this decision I do not ig nore the fact that Edward Rosewater is the logical candidate for the senate. He has advocated for a generation the pol icies and principles that are now being Invoked by President Roosevelt In the battle with 'corporate In fluences. In this respect he has been con sistent in all these years, and while he has brought about and to him many per sonal animosities through his antagonisms. there Is a conviction that he has been consistent. It must also be recognised that there is a feeling of complacency In Doug las county and Omaha and this being so here it may be assumed to be so out In the state. I do not regard Mr. Rosewater as belonging to the radical school of La Follette shd Cummins, but from his care ful study of corporate questions and dts cusston of them In his busy lifetime he more nearly approaches tha Rooseveltlan Idea. He Is a man of wider Influence than the state and ought to take his place In the event of his nomination and election to the senate as a leader and advocate of tha rights of the common people. "In saying these things of Mr. Rose- water I should also say that I do not en dorse his views on many questions, but am more In accord with the more con servative elements of the republican party. I think these problems In the future can be settled along conservative lines rather than In tha wholesale assault on business Institutions. I do not like the spirit that arraigns a man of his party because of his business animations." REED SMOOT CASE GOES OVER Senators Pass Matter to Friday, but May Not Vote This Session. WASHINGTON,. May 26.-NO vote was had today In the senate committee on priv lieges and elections on the right of Senator Smoot of Utah to retain his seat In the sen ate, chiefly because it developed that In the numerous changes of dates for the meeting Senators Hopkins and Dolliver failed to re celve their notices that action was to be taken today. Both of these senators, as well as Senators Depew, Bailey and Frailer, were absent. The three last named, how ever, had left proxies. Tha committee will adjourn until Friday next. Objection to voting at the present session was voiced by three or four senators, who said that the railroad bill here had taken so much of their time that they had not had an opportunity to read the authorities quoted by the attorneys on both sides of the case in making their final argument On this account they complained that they were not tn position to vote Intelligently. Chairman Burrows and the democratlo senators present objected to permitting the case to go over until next session, arguing that the senators could read the authorities In the next week. Notices of the meeting to be held on .Friday have been ordered m&lled on Monday In order that there may be no misunderstanding concerning It, It Is known that Senator Depew cannot be present, and If all the others are In at tendance the vote may result In a tie. Son ator Depew has sent his proxy to the chair man, but the committee has not conaented to accept It. If It Is voted the decision will be against Smoot. It Is concluded the re sult depends upon Senator Dolliver, who has not made his position known. After the committee had discussed for some time the proposition to defer action on the Smoot rase the Hale resolution, in structing the committee to Inquire Into the status of proceedings against Senator Bur. ton, was referred to. Senator Dubois ob jected strenuously to having the Smoot case sidetracked, saying: "If tha members of the committee think tha country la more Interested In turning out poor Burton than tn acting upon charges against an, apostle of polygamy, they are greatly mlstsken. He predicted tnat the committee, would hear from the country before next Friday aa tha result of the delay. CASSATT STARTS FOR HOME President ot Pennsylvania Ball road Said to Have Left France for America. PHILADELPHIA, May a. Announce ment was made at the Pennsylvania rail road office In this city today that President Cassatt sailed for home from Cherbough, France, this morning. Mr. Caasatt went abroad fpr a holiday trip on May t. It la believed the revelations made by the Inter state commerce commission are responsible for Mr. Cassatt s sudden change of plans. He Is expected to reach this country Sat urday, June t. F. A. Van Boynburgh, a coal mine operator, testified that his business hsd been practically ruined because the Pennsylvania would not furnish cars. He believed that President Caasatt con trolled moat of tha railroads In the east and that a deliberate attempt to drive him from business waa made. "Possibly," said the witness, "I did not give the roads enough stock tn the coal company." New Inlverslty Auditorium. URBANA. 111., May 26. On Wednesday, May 10, the cornerstone of the new audi torium bjildlng of the University of Illlnola will be laid with appropriate . exercises. Judge George A. Dupuy of Chicago will be the orstor of the day. Prof. Charles M. Moss of ths univsrslty will give the his torical address. When completed the audi torium will be one of tha moat perfect buildings ot its kind In the country. the bee bulletin. Forecast for Xehraska Rein Patar- day. nnday Fair and Warmer. Pane. 1 Find Thomas GalHr of Conspiracy. All Meat Prodnrts to Be Inspected. Greene Oil of Senatorial Race. Rate Bill Is Ren to Conference. OH Inquiry Is Bearlns; Frnlt. Presbyterlnns Ask moot's Removal It Sews from All Parts of Kebraaku. 4 Johnson amee Committees. 5 Staple Valne for Farm Prodncts. S I'nlen Plenses Local Presbyterians. T Colored Veterans on Land Deals. sj Russian Anarchists Attnck a Bank. Financial Review of the Week. 10 F.dltorlal. 11 John I. Martin Visits Dahlman. 19 Sporting; Events of the Day. 191 Commercial and Financial. IS Council Bluffs nnd lawn ews. Temperature at Omaha Testerdayi Hoar. De. . na . A3 . BS . Oft . an . 6T . TO . T8 Monr. 1 p. m S p. m s. m 4 n. m B p. m Peg. B n. n. TB TO T HQ Ttt 84 T TT Ttt T a. 8 n. 0 a. LO a. It a. IS m. 9 p. m T p. m ) p. m. . . . . p. n LOCOMOTIVE BLOWN TO PIECES Dynnmlte Charge Placed on Truck Leading; to Coal Mine Near Tulsa, I. T. TULSA, I. T, May 26 The locomotive belonging to the Continental Coal company was blown Into fragments this afternoon by dynamite, presumably placed on the track by property owners adjoining, the railway tracks, who are opposed to Its operation. The mines of the company are located about two miles from Tulsa and are connected with the town by a single track of railway. Owners of property which Is crossed by the track opposed Its building, and there haa been much dis satisfaction over It ever since. This afternoon as the locomotive belong Ing to the coal company waa going out to the mines it was blown tq pieces by terrific explosion of dynamite, which had been placed on the track and which was exploded by the wheels of the engine. Al though the engine was blown to fragments the crew waa not Injured. F. W. Kassner, cashier of the First Na. tlonal bank of Tulsa, has been placed un der arrest under a charge of having par tlcipated In the affair. He Is one of the owners of property which Is crossed by the line of the track. Other arrests are expected to follow shortly. There Is great excitement here and more trouble Is ex pec ted. The people are all arming them selves. NELSON-HERRERA FIGHT OFF Counter Charajea of Sharp Practice Fallow Dispute Over Weigh ing; In. LOfc ANGELES, Cal., May 25. There was no fight between Battling Nelson, the light weight champion, and Aureile Hrrera to night, as scheduled. After an almost in terminable wait of two and a half hours tha crowd was dismissed at ten minutes to. it. o'clock because Herrera refused to weigh In. Before the crowd of 4,600 waa finally dis missed there was a squabble between the fighters and their managers over the I weight. Both sides made charges of sharp practices on the part of the other. As near as can be learned tonight the situation which led up to the calling oft of the fight waa as follows: The articles of agreement called for the weighing In at 6 o'clock this afternoon, both men to scale 131 pounds. The men were on hand at the stipulated hour. There were scales there, but Her- rrra cIamed they were out of order and could not be adjusted. After half an hour's argument Jacobs sent Herrera to dinner. After that he refused to allow the Mexican to weigh in. Nelson offered to go to the baths to weigh In, but Jacobs declined. FRANCHISE FIGHT IN DENVER Suit Brought to - Test Grunts Based on Result of Recent Election. DENVER, May 26. District Attorney George A. Stldger today brought quo war ranto proceedings In the district court against the Denver City Tramway com pany and the Denver Gas and Electric com pany to test the validity of the franchises granted these companies at the city elec tion on May 16 on the face of tha returns. John T. Holbrook, secretary of the Colonial Securities company, is plaintiff of record In the cases. It is alleged In the complaint that hundreds of fraudulent votes were counted for the franchises and that thny were defeated by at least too votes. Four other suits, two quo warranto and two Injunctions, are being prepared by the Municipal Ownership league against tha aame two companies and will be entered next 'week regardless of the action of Dls. trict Attorney Stldger, who holds that such proceedings can be Instituted only through him. A contest will also be fll&d in the county court tomorrow under the election law. MRS. HARFORD IS RE-ELECTED Omaha Woman Again Chosen Presi dent of Woman's Missionary Association. CANTON. .O., May 28.-The Woman's Missionary association of United Brethren In Christ, in session here today, decided to hold the next convention In Harrlsburg, Pa... In May, 1907. The following officers were elected: President, Mra L. R. Harford, Omaha, Neb.i corresponding secretary and treas urer, Mra B. F. Witt, Dsyton, O. Trustees Include Mrs. I- R. Harford of Omaha Trustees St large InluJa Mesdames D. L. Rlke, Redlands, Cal.; A. U Ballhelmer, Tonganoxle, Kan. WESTERN MUSICAL GRADUATES g eb reek a and Iewn Young Women Finish Course nt Emerson College. BOSTON. May 26.-'Ppeclal Telegram.) Among ths students who will grsduate with honors next week at the commencement of Emerson college, affiliated with tha New England Conservatory of Music, are Miss Leno Ellen Cooper of Holdrege, Neb., who wll receive a post graduate diploma; Miss Svadell Currier of Boone, la., and Olive J. Orton of Carson, la., both oompletlag tha regular oeurse. RATE RULE REPORTED Honse DieatTeee to All Senate Amendments and Bends Measure to Conference, SCENE BETWEEN HEPBURN AND COOPER Wisconsin Member Eayi Iowa Member U Against Express Section. , EMPHATIC DENIAL BY CLARINDASTATESMAN Mr. Cooper Refuses to Give the Kama of Hie Informant. BOTH BECOME EXCEEDINGLY ANGRY Mr. Hepburn Declares Statement Is a Falsehood and Aeeuses Opponent of Drawing on His Imagination. WASHINGTON. May 26,-In tha house of representatives today the question of ve racity was . raised between Mr. Cooper of Wisconsin and Mr. Hepburn of Iowa over a conversation In which tha latter Is al leged to have participated in with a mem ber of lha senate and lwhlch Mr. Cooper asserted the member ot the house and tha senator referred to agreed that the so called "express company amendment" to the railroad rata bill should not remain In the bill. Both Mr. Hepburn and Mr. Cooper were exceedingly angry and they glared at one another during the colloquy. . The house was turbulent during tha con sideration of tha rule sending the rate bill to conference, tha fear of many mem bers being that the rule whloh disagreed to the senate amendments en bloo might have an Influence on tha conferees and give them an opportunity If they so de sired , to vote out the express company amendment the amendment relating to pipe lines and 'the sleeping car amendment. With tha assurance that the wishes of tha house would be considered on all the amendments, the rule was adopted, twenty five republicans voting with tha democrats, taking the position that they would Ilka to vote directly In forar of concurring In the aenate amendments relating to the sub jects named. After the rate bill waa dis posed of the remainder of tha day was de voted to pension legislation.' Rate Rule Reported. . When the house met today tha commit tee on rules reported the Hepburn rate bill resolution favorably. It provides for non concurrence In all the amendments ot the senate and sends the bill to conference. After the previous question had been or dered on the rule yeaa 162, nays 82, present 16 Mr. Dalsell (Pa.) explained that the resolution was simply for the purpose of sending the rate bill to conference. Mr. Norris (Neb.) wanted to know If tha house would have a ohanca to vote on sep arate amendments, as some of the amend ments adopted by the senate ought to be discussed in the house. Mr. Dalsell replied that' the rule was only Intended to facilitate buslnesa and that there would be- ai.ple opportunity to dis cuss the conference report. So far ss ha was concerned there were some amend ments that he waa not In favor of and wanted a chance to consider them. Up to this time It seemed as If the rule was to be agreed upon without any great amount of debate.' But a clap of thunder came from an un expected quarter. Mr. Cooper (Wis.) wanted to know what objection there was to letting the house pass on the amend ments now. He said: "Let us vote on the express company amendment." (Applause on both sides). Mr. Dalsell replied that the house could easily nonconcur In the conference report and Instruct the conferees as to the wishes of the house. Then Mr. Cooper, In a very Impressive manner, said that he hsd been informed by a gentleman In whose Integ rity he had the fullest confidence that some gentlemen, he would not say whether they were members of the house or senate, but they were entitled to be conferees on the bill, had agreed that the express company amendment should go out of tha bill. Hepburn Demands Kamee. Mr. Hepburn (Ia.) Jumped to his feet, ex claiming that he did not take any stock t In what one member said to another on matters of this kind. "Will you state th names of the persons who have thus de clared themselves?" called out Mr. Hep burn. Mr. Cooper "Oh, I don't want to offend. especially the gentleman from - Iowa." Mr. Hepburn "You can't offend me by answering that question." Mr. Cooper "I will say this, that they were two gentlemen In whose word I have confidence." Mr. Hepburn (loudly) "Name them; name them." Mr. Cooper "I am not going to name men who oome to me and tall me matters In confidence. Tha gentleman from Iowa places ma In an embarrassing position, but since ha asks me, I will say that ha is said to have remarked In conversstloo. 'Oh, the express company amendment will go out." " Mr. Hepburn, greatly wrought up and ex ceedingly nervous, replied: "Any man who told the gentleman that (shsklng his fist at Mr. Cooper) told a faleshood and until the gentleman from Wisconsin names tha In dividual who made this statement to lilin I shall hold that the gentleman Is drawing upon his Imagination. Mr. Williams: 'I call the gentlemaa from Iowa to order for his language." Hepburn Apologlaes te Williams. Mr. Hepburn: "I withdraw the language which is offensive to the gentleman from Mississippi." Mr. Williams: "It was not offensive to me. It was nffenslvs to the bouse and con trary to the rules." Intense excitement prevailed during this exchange of words, members crowding the aisles and filling the spare In front of the sneaker's desk. The speaker pounded for order, but to no purpose. When he could be heard above the up roar Mr. Cooper said that ha was not the only gentleman to whom similar statements were made. "There are other members of the house to whom they have been made and there Is no purpose, no objoct, on my part to deliberately misrepresent that atate mer.t." Mr. Hepburn: "Why don't you say who It was that told you that?" Mr. Cooper responded by saying that he could not understand why the gentleman aknd the question unleaa he had heard lh rumor going round. "You placed me In uri enibarraasing posllion and I had to tell ytu what was told me. And I told the tru:h and that Is the first tlms that any man on earth has acrurrd ma of telling a false hood. Ths statement was made to me In eoafidenog and aomoernlac tha genlietnaa