THE OMAIIA DAILY DEEf MONDAY, DECEMBER 31, 1906.
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Mitchell and Park Garwood, all honored
clt-sens, who after hearing all the evi
dence, scrutinising the demeanor of each
w-itnesa and carefully examining- the ex
hlblta on by one, took but on ballot a
to Mi guilt Titer heard and aaw Bush
While testifying; the heard him Im
peached; they heard hla witneeaea Im
peachfd; they heard them croaa themselves.
Thejr heard the detectives and they heard
those who teatlfled to Corroborating facts,
and they heard how t, aa proaecutlnf at
torney, had to change any theory aa to the
place, where Bailey waa killed beoauae from
tha detectlva'a report) we found the one
tray buckahot, and tha hole cut square, aa
Bush confessed ha had cut It; alao tha fine
ehot In another part a little farther on
and higher in range, and the partly sawed
two-hy-four which Bush aald Bailey waa
sawing when he ehot him. Thla odd hole
had been seen hefore any detective ap
peared on the acene, by at leaat four oltl
ns, and waa not fixed aa- they have al
leged. The Jury waa cautioned by the
prosecution and the defense and Initructed
by tha court to treat the detectlva'a testi
mony with great care and to accept it only
at It waa corroborated. Attorney W. 8.
Mori an argued hla guilt from the evidence
of tha defense alone and that conclualvely,
so ther Jury aald. And they have never
asked for a reloase, and nil with whom I
have talked say that they have not lout
any sleep on account of their action. If
Bush la Innocent, they "were either knave
or fools, at least poor reasonere. It waa a
Jury with which tha defense waa satisfied,
since It did not use all of lta peremptory
challenges'.
, History of the Case.
"Who else passed upon It T Judge (now
Congressman) Norrls. Ha told the gov
ernor that Hush waa clearly proved guilty
after a fair and Impartial trial, and the
governor told him that that settled It with
him. that Norrls knew and that ha as
governor would not do anything to help
Bush. Norrls aald that about 100 years
from now would be a good time to begin
to get him out of the penitentiary.
"Who elseT The supreme court, com
posed of ex-Oovemor Holcomb, Judge
Norvnl and Judge Bulllvan. What did they
say after hearing a multitude of com
plaints? I,et lawyers turn to 86 North
western, lOBi, and there they will learn
that It waa tha unanlmoua decision that If
any mistake had been made by any one It
waa by the Jury when they decided on life
Imprisonment Instead of capital punish
ment. If Bush be Innocent these worthy
- and respected citlxens were either knaves
or fools. Nay, careful, honest, able men
they are.
"Who else? Attorney General Brown,
who criticised me for my letter to the
governor, which the governor gave to the
press without my consent. I am not
aahamed of It, but It la not In full; many
thlnga explanatory pasaed between us be
fore thla. Why did he not give the C. R.
Walker letter to the press or let me see It
when I called? Why did he not give to the
prces the clalma of the Billy women In
Lincoln? Remember this, that the gov
ernor led me to believe that he waa merely
Intending to reduce the sentence to a term
of years. I did not want to criticise after
all that had paased. If I had known that
he Intended publishing It I had made It
full and complete
"Why did he not publish my other let
ters? I asked him why he Intended to
show Bush clemency. He did not answer
me. The Star has It mixed. It was not
In a later letter that I dubbed Bush aa 'n
cold-blooded criminal,' but In that tarn;
Identical letter. I always thought Mickey
thought Buah guilty, for at the church
' mortgage burning In Benkelman he said he
believed him guilty, but that Mrs. Mickey
thought him Innocent.
"Now, who else thought him Innocent? A
certain lawyer who waa once disbarred for
lllrgal practices.
"Wm elae? A certain man who has fur
The
finest
train over
any
Southern
Route
to
B3r
CALIFORNIA
I ?
I?
is the
Rock
new
Golden State Limited
Daily at 9:55 a. m., from
Kansas City Union Station
via 1 Paso.
Every car in the train Is
new, with the newest
features for your comfort.
May I send you a copy of
our Illustrated booklet,
telling about It?
F. P. RUTHERFORD,
Division I'aaapuger Agrnt.
rPO
nished a large sum of money to help the
boy.
"Who else? A few soft-hearted women,
Not one of these heard a word of testi
mony nor were they under oath to render
a Just verdict.
Crime ( Flay grssnntny.
"1 consider It a crime to play upon the
heartstrings of a mother, as has been dona
In this case. It la an outrage. It Is crim
inal, and he who allows It la doing a mighty
Injustice. I would make It so that before
a governor could pardon for the reaaon
that unjust or Illegal methoda were used,
aa he Intimates lit hia reasons for granting
the aame, that he would have to Institute
a legal Investigation. If such Is the case
here. It Is outrageoua. I told the governor
It he granted Buah clemency that he should
begin at once to put me In the penitentiary
He haa not proceeded to do so. Why? At
the time h refused to show Rhea any
clemency he asserted that he did not be
lieve that the pardoning power reached to
the duties of the Jury and the supreme
court. I presume that mighty pressure
was brought to bear on him in this caae.
Perhaps such as should melt hearts of
stone.
"Aside from the evidence of the detective
and that pertaining thereto, we found
Bailey's false teeth along the rattle trail
leading from the feed rack to the river,
where his body was found, and Bush's
knife was found along that same trail.
and we proved absolutely that Buah lost
It then that afternoon while he and Bailey
were left on the Morse ranch alone. The
detective had nothing to do with that.
nor had be anything to do with the coat
that waa dragged, nor the mulltude of
thlnga sufficient to hang an ordinary crlm
inftl. It was as clear a case as ever was
tried.
"This fa the second - murderer sent up
from Dundy county and both were par
doned. When will this play at Justice
cease? It Is abominable. I am not In favor
of changing the law aa to punishment.
8o many people do not know that the
Jury now decides. In caae of murder In
the first degree, whether the punishment
shall be life Imprisonment ot capital pun
ishment. Perhaps I am like the fool at
the time Garfield came to Ashland. O., In
1980, to meet his regiment, the Forty-second
Ohio volunteer Infantry, for the laat time.
It was when he waa a candidate for presi
dent. After tha cheering at the station
had ceaaed thla simpleton ran up near Gar
field's carriage and shouted:
" 'The next prealdent of the United
States I He Is, not me.'
"Bo Mickey is governor; I am not.
Neither Is anyone else. Bo If I be like
that simpleton we are all In the same boat,
except the governor. Let pardons cease or
let us have a pardoning board.
"B. F. EBERHART."
All stockings for boys and girls, and
babies, too, at 28 per cent off. Benson
Thorne's great clearing sale, January t
FIGHT ON M'CLELLAN RENEWED
Incoming; Attorney General Informs
Ilea rat Case Will Bo
Taken V.
NEW YORK. Dec. 0.in a communica
tion to Mr. Hearst, made today. Attorney
General-Elect W. 8. Jackson says that If
Mr. Hearst should see tit to ask leave to
Institute quo warranto proceedings In con
nection with the ballot dispute which fol
lowed the last mayoralty election in this
city a hearing of the case will be granted
aa soon aa Mr. Jackson assumes office.
Attorney Clarence Bhearn said tonight
that papers In the caae were to be tiled
with Mr. Jackaon on Tuesday morning and
the promise ot Mr. Jackson would Insure
speedy action.
Island's
132S Farnau Be
Omaha, Neb.
WORK AHEAD FOR THE WEEK
Ooarrm Toci Sot Ket Until Thuriuaj
and Little in Bight to Do.
FORAKER IS ALL READY FOR A SPEECH
Interstate Commerce C'ommlasloa
Commences Friday on the Investl
Rsatl.
WASHINGTON. IX!. ao.-CorigreSs will
reconvene after the Christmas recess at
1 o'clock next Thursday, but It Is not ex
pected that much business will be trans
acted In either house until the week fol
lowing. No program so .for has been ar
ranged . for elthrr body and the general
expectation IS that nothing will be done
In that direction until the houses are called
together. There has seldom been such an
exodus of public men for o brief respite
from work aa there waa when the recess
began, and aa the members are returning
very slowly there Is not a sufficient number
of either senators or representatives In the
city even to outline a plan of action,
The purpose In a general way Is to pro
ceed with the appropriation bills as rap'iVv
as possible, but as neither house has one
of these measures before It. both will be
forced to take up other matters of legisla
tion or adjourn from day to day until the
committees can bring In some of the supply
measures. It may therefore happen that
one or both of the houses mny adjourn
from Thursday or Filday until the follow
ing Monday. This will depend upon ho
wishes of members who have pet measures
that they desire to press.
It Is known to be Senator Foraker'e wish
to secure early consideration by the senate
of his resolution for a senatorial Investiga
tion of the Brownsville, Tex., episode, in
which the discharged negro troops of the
Twenty-fifth regiment are accused of par
ticipating, and he has been devoting much
of the time of the recess to preparation
for the continuance of hia discussion of
that subject. It Is understood to be his
Intention to proceed as soon as the senate
Is prepared to have him do ao, but If. as
seems likely, the attendance during the first
few daya of the renewed session should be
meagre, he may ask for a postponement
Until the senatorial seats generally are
occupied.
Delny In Srooot Matter.
The question of Senator Smoot's eligibility
Is also In condition to be considered by the
senate, but as Senator Foraker Is counted
upon by the Utah senator's friends to lead
In his defense It Is understood that the
question will be deferred for a time, If not
Indefinitely. There is a growing disposition
among senators to postpone action on tho
Smoot matter and predictions that the
session will be permitted to pass wlthoitt
a vote are not infrequent. Mr. 8moot, how
ever, Is very solicitous for a ballot and his
wishes may be permitted to prevail.
Senator Qearln of Oregon has a speech
forthcoming on the Japanese question, but
he will not be heard until the second week
of the approaching session.
By unanimous consent, tha senate will
vote on January 11 on Senator LaPolette's
bill placing a limitation on the duration of
the employment of railway operatives and
that measure Is now In position to be railed
up for discussion at any time.
The senate will give part of the session
Thursday to the consideration of Senator
MeCumber's general pension bill.
The house Is not nearly so well provided
as the senate with miscellaneous subjects
which are In shape for consideration. The
house calendar Is by no m?ahs barren, but
In the absence of the speaker and other
members of the committee on rules no pre.
diction regarding proc;d!r.gi Wore other
appropriation bills are reached would be
justified. It may be confidently stated,
however, that no Important matter will
be taken up In the Interim.
Jto Appropriations Ready,
Tho next appropriation to be reported
from the house will be the fortification
bill and this will be followed by the bill
making appropriations f0r the District of
Columbia, but neither will be ready for
consideration before the loth of January.
The senate committees on snnmnriuti,,.,.
will report the leglaUtlv?. executive and
judicial pin about a wek after the roenn.
venlng of congress and It will soon be fol
lowed by the Indian bill. If there should be
no effort at special legislation on that
measure. The legislative hill win r-,.t..
- -. ..... i i:
the attention of the senate as soon as re
ported. Among the changes In state administra
tions to take effect this week, much In
terest attaches to that tn New York where
Charles E. Hughes, who won International
fame as the nrobl-ia- attorney In th
aurance Investigation, becomes chief execu.
tlve of the state. The situation In New
York, however, la more in'xed In a .mliti.i
sense that It has been In years. Thla year
all the elective state officials except gov
ernor win te democrats. This will be the
first time In thirteen years that the i ord
ers ts have held state office, except for the
one term of Cunneen as attorney general.
The greater part of the statu patronage,
however. Is still In the handa tf the republi
cans, the governor's apDolntlns- rnwr
covering a wide range.
Vnlon 'Pacific Hearing;.
The Important hearing by the Interstate
Commerce commission Into the affairs of
the Vnlon Pacific Railway company, post
poned from last week, be opened In
New York on Friday. One of the first wit
nesses to be Tailed la E. H. Hirriman,
head of the Union Paclftc-Southe n Pacific
system, and It Is expected that his exam
ination by the Commission will provo to be
very Important and Interesting.
The Japanese training auimdron, consist
ing of the cruisers Itsukuahlma, Hashldate
and Matsushlma, under command of Rear
Admiral Katcoka, formerly president of
the naval cadet school at Yokohama and
commander of the third fcquidron under
Admiral Togo off Port Arvivir. will start
from Yokohama or. a crulae across the
Pacific January I. The squadron Is ex
pected to arrive at tfan Frnclsco Prbruary
IS. and subaequently will v. Bit eattl and
Tacoma.
Clearing sale at the Lilliputian Store
commeneea Wednesday, January i. Shoes,
hats, caps, underwear, baby's wear, neck
wear, 26 per cent oft. Nothing reserved.
CONDITION OFJTHE SICK ONES
foost Crelghton and J. B. Kitchen
Batter, not Charles K. Morgan
Less Hopeful.
Sunday was a day of much encouragement
to the friends and relatives of Omaha's
prominent sick, as all showed aome Im
provement over the previous day. Count
John A. Creighton spent a most restful
night Saturday, sleeping over eight hcurs
In all. and waa much stronger Sunday, lie
waa given another heavy dose of quinine,
which caused profuse perrplratton. lie Is
ot able to take much solid nourishment aa
yet on acccunt of the nature of the drugs
that are administered, and the crisis of
the disease haa not yet been reached, but
all algns point to a favorable outcome. The
Crisis Is expected today and the count is
expected to pass It safely, with great prom
ise for the future.
The news from the home of Charles E.
Morgan, r19 Case street, was not encour
aging this morning. It was said Mr. Mor
gan, waa weaker and th4r were grave
doubts whether he would live through the
night.
James It. Kitchen was reported to be no
worse at his home, JOB South Thirty-second
avenue, and his general condition Is about
the same as that of Saturday.
MANY .DIE IN WRECK
(Continued from First Page.)
Identified will be conveyed to their late
homes.
It has been proved that the danger signal
at Takoma Park, a short distance from the
scene of the accident, waa set when the
train of empties passed. The train was
running sixty miles an hour, and Engineer
Hlldebrand stated that on account of the
heavy fog he could not see the signal. The
train ran Into the Frederick train Just as
It was pulling out of Terra Cotta, wher
It had stopped to take on four or five
passengers, two of whom were among the
killed. Engineer Hlldebrand and the fire
man on the train of empty cars were placed
under arrest and brought to Washington.
About 800 workmen are engagred In clear
ing the wreckage. All trafflo on the division
has been stopped.
Stories, of Survivors.
One member of the crew of the passenger
train, who hobbled Into a drug store a half
hour after the accident, aald:
"I can t tell how many people were killed.
It was awful. I don't even know Just how
It happened.
'The freight engine went through the
entire train and It seems to me as If every
one was killed In the last coach and many
In the first. The freight engine must have
run past a red target. I can't explain the
accident In any other way."
United States District Attorney D. W.
Baker, who waa a passenger on the for
ward car, suffered Internal Injuries. He
was able to walk from the wreck to a drug
store, where his Injuries were treated. He
was later taken to his home in an auto
mobile.
When the news of the accident spread
about Brookland many cltlsens with their
wives hastened to the scene to give their
aid and comfort to the wounded.
Mrs. H. E. Fisher of this city while re
sponding to he call of a sufferer almost
stumbled over the body of a 1-year-old
child lying near the track. The baUy was
terribly bruised, but was still alive. It was
said that the mother of the Infant has been
killed.
The Ill-fated train runs only on Sunday
for the benefit of many Washlngtonlans
who either have country plaoea on the
line or go to their relatives. It leaves
Frederick at 4 o'clock In the
la scheduled to reach Washington at 6:26
O CIOCK.
District Attorney Baker, who i.
Jured and who walked a mile and a quarter
to a arug store, In describing his experi
ence to a representative of the Associated
i-rcus, saia:
"I was In the second car from h
coming from my home In Oermantown. I
was four seats from the end. of the car
and Just as the train left Terra Cotta sta
tion the crash came. We were carried In
the wreckage for sdme distance t r nt
know how I got out of the wreckage."
irank p. Bodllts, a newspaper man of
Frederick, Md., who was slightly Injured,
said:
"I was In the car next to the smoker talk
ing with a gentleman and his wife from
Detroit, Mich. We .were all standing up,
the car being crowded. .Suddenly we heard
an awful noise and then a. craah Wnm.n
began acreamlng and,., the next thing I
Knew i ijuna mvseir railing itnvn
bankment where eqme'jona picked me up
and I found that I was not badly hurt.
It was Impossible to describe the acene.
Women and children were shrtoirln .u
drowned the groans of the dying. Children
were running ahout crying for thotr parents
and mothers and fathers were ruhin
around trying to find their children. The
dead and Injured were strewn alohg ths
track for a mile."
Fatal Collision in Germany.
HAMBURG. Dec. 30. An express train on
tho Hamburg-Cologne railroad collided this
morning with a freight at Ottersburir sta
tion. Five trainmen were killed and four
dangerously and six sllchtlv Infured. M
passengers were hurt, but there were a
number of narrow escapes. One atpnin
car crowded with passengers was thrown
down an embankment.
Two Killed Near Danville.
DANVILLE. Va Dee. JO.-Two persona
were killed and several others seriously
Injured today In a wreck on the Southern
Railway, near here.
FATAL WRECK Olf ELECTRIC HUE
One Passenger Killed and Thirty.
Five Injured.
CINCINNATI, O., Dee-. .-At least thirty
persons were Injured, One of whom has
since died, in the wreckage of a runaway
electric car on the Warsaw avenue hill
In this city.
The motormah discovered at the top of
the hill that he had lost control of the
car and' tried o uae the emergency brake,
but It failed, and the car ran away for a
distance of Ave bloc is. The car struck a
telegraph pole and turned turtle, the pas
sengers being thrown In a heap In tho
mud beslds the track.' Hiram Leister, a
passenger, by operating the brake on the
rear platform probably prevented a much
worse accident, as his action, made at
great personal risk, reduced the speed of
the car materially before It left the track.
The dead:
WILLIAM H. CL'RNAYH. a passenger.
The Injured:' '
Catherine O'Hara, seriously.
J. E. Lowman, conductor! may die.
James Hall, motormttn; seriously.
Frank Oanset, may die.
George Wannlneer, seriously.
Mr. and Mrs. John Henry, both serious.
Rev. I. Bentley. back broken.
Miss Martha BUI, broken leg.
James Corcoran, badly cut about head.
Mr. and Mrs. Borken, both still uncon
scious. Kdna and Martha Inrdale, bsdlv hurt.
Jennie Moebus. contusions snd laeera
tions about the body.
Stella Moebus, contusions and lacerations.
Flsle Morbus, contusions and laceration.
Frank Curniyn. t years old. cuts and
bruises shout the head and back.
Ralph Lonsway. 17. cut In the face and
bBil; leg broken. Many others received
slight Inturl's and suffered cuts from
broken glass.
FIVE TRAMPg KILLED I A WRECK
Broken Track Derails Freight Train
Near Trnrkee.
SACRAMENTO. Cal.; Dec. .-Flve un
identified men, trsjnps. were killed this
morning In a freight train wreck at Floris
ton station, a short distance beyond
Truckee. A broken truck on one of the
box cars caused the wreck and four cars
went Into the ditch. The track waa torn
up for forty feet.
The five irn who v. ere kll'ed were beitlng
their way on the train from Nevada Into
this state and when the smashup occurred
they were ground to pieces beneath the
wheels and In the wreckage. The groans
of .one of the men, who was mortally
Injured, attracted the attention of ths train
crew to where he lay pinned down by
wreckage. ' He died before he could be
taken from the wrevk and his name was not
learned. When the wrecker arrived from
Truckee and one of the cars was placed
tin tha track, four other bodies were found
underneath. All were horribly mutilated
and nothing was found on any of ths
bodies that would lead to the identification
of any f the toUIes,
WORK 'ON ME BIG DITCHES
IvntU rrojsot Makei Epid Frogreu
Toward Completion.
LAND MAY BE iPtNEO NEXT YEAR
oarclly of Labor Makes It Necessary
for Herlamatloa to Do Mach
Work by Direct Force
(From a Staff Correspondent.)
WASHINGTON, Pec. 0. (Speclal.)
"The scarcity of labor and the difficulty
of getting satisfactory proposals Is com
pelling the reclamation service engineers
to undertake a number of the larger works
by direct force account, employing la
borers and teams," said H. N. Savage,
supervising engineer of the reclamation
ervlce for North Dakota, Montana and
Wyoming, who Is In ths city on a brief
visit. "While the policy of the reclama
tion service Is to advertise all of its work
and to award contracts wherever practic
able, It Is frequently necessary to take
over a number of the contracts and cairy
them out to completion.
"The St. Mary canal Is one of the well
known features of the reclamation, service
Work. The canal crosses the Blackfeet
Indian reservation, and the engineers em
ployed the local Indians with their teams
so far as available during the season of
190. Two hundred and eighty teama were
on the work at one time. It Is expected
that an equal or larger number will be
available for the work during the coming
season, 1907. The reclamation service will
consider Informal proposals from contrac
tors who desire to take small sections of
this work. The nature of the canal la
such that there Is opportunity for small
contractors with steam machinery or with
teams to get satisfactory contracts.
Hnntley Project Advances.
"Work on the Huntley project is pro
gressing rapidly. It la expected that some
water will be available for Irrigating the
land In the spring of 1907. An effort will
be made to open the land to entry next
summer, thus enabling the entrymen to
get their lands broken up and their houses
and bams erected during the summer and
fall.
"The work on the three tunnels Is being
carried on by contractors working throe
shifts continuous time, and the contrac
tors report they will finish this work and
one section of the main canal on schedule
time. The engineers are building the pump
ing plant for this project by force account.
no satisfactory bids having been received.
A large force of teams and men are now
at work. This Is a unique factor In that
the water of the main canal Is dropped
thirty-three feet and the power thus
created Is utilized to lift water to a height
of eighty-five feet, covering an additional
S.OOO acres of land.
School Opens In January.
"Arrangements have been made to open
a school on January 1 and twenty-five
pupils are already waiting to attend. Tfleso
are children of people employed by con
tractors who are prospective settlers under
the project and who have already moved
their families to Huntley. A Sunday school
has been In operation for three months
with an attendance of from twenty-five to
forty. The school house Is practically com
pleted. The Sunday school Is held at the
cottage ot the supervising engineer.
"The first unit of the Bun river project,
near Great Falls, Is approaching the con
struction . stage rapidly. Drawings and
specifications have been completed for the
distribution system, and for the structures
for the first unit of 17,000 acres, which In
cludes the Fort Shaw military reservation.
It Is expected propositi will be received
about March 1 for this work. Drawings
and specifications have also been com
pleted for the Willow Creek dam, and ad
vertisement will be made the first week In
January. This reservoir will store water
to supplement the low flow of Sun river.
"On the Lower Yellowstone the contrac
tors are carrying on the work as rapidly
as climatic conditions will permit. Work
on the big dam across Yellowstone river
Is being prosecuted by the .Pacific Coast
Construction company, and the deep cuts
on the main canal are being excavated
with sheetsted steam excavating machinery
of large alxe."
Boys' washable and flannel shirts and
blouses all go at 26 per cent off In the
greatest clearing sale at the Lilliputian
Store, 1515 Douglas St.
SAUNDERS HAS A GOOD SHOW
(Continued from First Page.)
of Richardson county, deputy secretary of
State, and B. II. Goulding of Buffalo.
Eric Johnson came out this morning for
chief clerk of the house, and he has se
cured the endorsement of some of the peo
ple down here In his race. He Is from
Saunders county and is editor of the Vik
ing. Bill to Rearnlate Marriage,
Senator Wilcox of Hubbell, who succeeds
former Senator Jennings, president pro
tern of the last senate, came In today and
Is at work on a bill which he will Intro
duce, to regulate marriages to a certain
extent. Dr. Wilcox haa In mind the crea
tion of a board In each county to consist
Of the county Judge or county clerk, the
county attorney and the county physician,
to examine applicants for matrimony as to
their mental, moral and physical condi
tion. "I do not Intend that my bill shall be
In the least radical and Its provisions
would apply only In the most urgent cases.
Our state Institutions are full of patients,
the direct result of the marriage of persons
who either were not physically, mentally
or morally right. Vicious people, those
who have Served terms In the penitentiary
and who are known to be vicious, have no
business entering the marriage slat and
bringing young into tbe world to Inherit
their dangerous natures. Persons afflicted
with tuberculosis or other diseases should
not be permitted to marry and neither
should those persons who show signs of In
sanity. Children Inherit the bad characters
of their psrents and their diseases as well,
and the enactment of such a law as I pro
pose would In time make our state asylums
and feeble minded Institutions unneces
sary. "
Former Senator Fries dropped In today
to remain until tomorrow and watch the
conflict from afar.
"I have heard of no plan whereby the
Junkln anti-trust law I to te amended,"
said Senator Fries, In answer to a question,
"and I doubt If any such plan Is contem
plated. I will say, howjvjr, the way the
anti-trust laws are Interpreted tn this
state, Is going to hurt the retail trade. The
way the law Is Interpreted now It Is un.
lawful for a number of peraona to sign
the pledge not to drln and to provide a
penalty for the one who broke the agree
ment. It would a agatnst the law for It
would operate to restrict the jjIojb busi
ness. In a county town if two me-chants
sell their goods at 'he same price It Is a
conspiracy to control prices ard against
tho law, and If one set's chespei than the
other It Is agalnat he law, lerau?e he Is
trying to drive out his competitor. That ia
the way the law Is t ietnt."
Harrison Looking On.
W. H. Harrison, president pro tern, of
iii annate la 1A same In fron. Grand Is-
t
i .
land this morning and will remain several
days. Just looking on, he said.
"It looks to me like the speakership fight
Is still tip In the air," he said, "and It
looks as though It will have to be fought
out In the caucus. The candidates all stand
the same platform and have all pledged
I iinselves to carry out the pledges of the
party, so It looks like the selection will be
made according to personal popularity. 1
am Interested only to the extent that I
want to see every pledge of the platform
carried out, and I expect to be around
hel-e off and on Just to see how things are
getting along. There Is no doubt In my
mind but What the legislators will enact
good laws, covering every point In the plat
form. There Is nothing else for them to do,
and there Is no lobby strong enough to pre
vent such action."
Though a defendant In the suit sgalnst
the alleged Lumber trust. Senator Harri
son said he had never heard of a lumber
men's lobby. "Only a short time ago,"
said Ned Brown, In talking to a number
of legislators, "a party platform meant
nothing. It used to be the party which
could promise the most had the best plat
form. That has all been changed. A party
platform now and foreover more means
a pledge and will have to be kept or the
party which falls will be sent down to de
struction. Every legislator I have talked
to Wants to carry out the pledges In the
platform. All the newspapers have dis
cussed the planks In the platform and held
them up aa specific promises. When the
platform of the future Is promulgated It
will go out aa binding as a good note.
This legislature will consider every pledge
In the platform as a personal promise
made by each member."
LAEARlg FATHERS BIT PROPERTY
First Mission of that Body Estab
lished In Nebraska.
(From a Stait Correspondent.)
LINCOLN, Dec. ). (Special.) One of the
most Important events In the hlBtory of
the Cuthollo church In Nebraska is the
transfer of the church property at Thir
teenth and M streets to the Lasarus fath
ers, announcement of which was made by
Bishop Bonacum Sunday, morning. The
transfer Is to be made In consideration of
14.000, which money will be uied by the
bishop In rebuilding the church property
near the capital building, which was de
stroyed by fire.
The purchase of the property by the
Lasarus fathers marks an epoch In the
history of the church, as this Is the first
mission this body has established In Ne
braska. It was necessary before the trans
fer could be made to get permission from
Rome, and this was done. Ths Lasarus
fathers will be In charge of this parish.
Itlen Man Accidentally Rhot.
L'TICA, Nob., Deo. 30.-(Speclal.)
Charlea Berenter, a blacksmith and ma
chinist In this city, was accidentally shuj,
In the right leg this morning on the train
While on hia way to Beatrice. He had been
asleep and when the train pulled Into
Lincoln a man by the name of Watson,
whose home is at Crawford, accidentally
let a revolver fall out of his overcoat
pockt on the floor, discharging It and the
ball entering Mr. Berenter'a leg, making
a severe flesh wound. He was attended to
by Dr. W. C. Kluner, who happened to
be on the train. He was taken to a hos
pital, where his wound waa dressed.
Nebraska Nrvra Notes.
BLUE HII.L A heavy rain began falling
here Saturday morning. It Is fine for the
winter wheat.
' BLCE HILL A big turkey shoot was
held at the home of J.., P. Mattocka, four
miles west of town, Friday.
G-RESHAME.- W. Maronde, through fire
caused by a locomotive of the Northwestern
railroad, lost twenty-five tons of hay.
PLAT i'isMOUTH Haln has bean fa ling ln
this vicinity since Saturday morning, and
In placee the frost Is out of the ground.
PLATTSMOl'TH -The Plattsmouth P. E.
O. society gave their annual reception to
their husbands and friends at the home of
Oeorge E. Dovey.
BEATRICE Frank Breitler lost a por
tion of his hand yesterday by getting the
member caiiKht In a drill machine at the
Dempster factory.
PLATTSMOL'TH-Peter Gruber, aged 81
years, residing south of Plattsmouth,
passed away ut hla home Saturday even
ing, only live hours after the burial of his
wife.
BENEDICT The next regular meeting of
the York County Rural Mall Carriers as
sociation has been called to meet at the
home of the secretary, A. T. Oiuuque, at
York, on January 1.
BRADSH A W John B. Dey published a
nonce in me tiraaanuw Republican - an
nouncing that he wishes to retire from
the newspaper field and he often.' the Biad
shaw plant and good will for sale.
FREMONT A heavy rain has fallen here
during the last twenty-four hours, which
wi not especially needed. There Is but
little frost In the ground, enough though
to prevent the water from soaking Into it.
BEATRICE The funeral of Jacob Weber,
who was killed near Benson, Neb., a few
days ago, was held Sunday afternoon from
ihe home of his sister, Mrs. Lleuerman.
nteiment was In Wvergren Home ceme
tery. BENEDICT Dwlght Walkup. son of W.
W. Walkup, met with a severe accident.
severing thu arteries in the right hip. Ha
was riding a pony and carrying a draw
knife, and was thrown from the cony.
alighting on the draw knife.
PLATTSMOL'TH The engine that killed
the fireman and brukeman at Oreapolls
last week Is the same one that kllied En
alneor "Peggy Young and his Jlreman
near Nehawka, and lias the rtcord of killing
more men man any omer engine on the
Missouri l'aclllc.
BEATRICE Word haa been received here
of the marriage of Miss Llla Reud. a for
mer Beatrice resident, to Mr. Charlea R.
Hoover, which occurred at Kansas City
last week. The bride is a daughter of Mr.
and Mra. W. B. Reed, who are now resi
dents of Kansas City.
BEATRICE Fulton Bros.' Stock com
pany, which waa organised here three
yeara ago, and which has been meeting
with splendid succeen during the laat two
Seasons, has leased the Peoples' theater
at Kansas City and will play an engage
ment there for the next two months.
FREMONT William Burts of this city
received word yesterday of the death of
hla brother, Anton Uurts, In September
last. He was 36 years of age and for the
last eighteen years had been a aeaman on
whaling vessels In the Arctic. His death
occurred while he was on his way home.
EDGAR Another important change In
the business Arms haa Jut taken place.
The Stoddard Hardware company haa sold
Its Stock to the Richards Hardware com
pany of Blue Hill, Neb. The Btoddarda are
Intending to go to 1st. Joseph, Mo., and
will go Into business there. Ths Richards
nrm win come ut cagar ana locate per
manently. FREMONT Henry C. Wllhennlng of
Fontanelle died Friday night at the age of
(8 years. He was born in Baden. Ger
many, came to Illinois about sixty years
ago and to Fontanelle In ltts. where he haa
nice resided. His wife died In 18W and he
haa since lived with his son. H. W. Wll
hennlng. His funeral will be held on Mon
day from the Lutheran church at Fon
tanelle. He leaves one son, four daughters
and a number of grandchildren and great
grandchildren. During his early rerldance
at Fontanelle he was quite prominent In
buainesa and political matters, though
never holding oftloe.
Those fine shoes for boys and girls will
be cheap at 16 per cent off. You may se
lect from the entire stock nothing re
served. Benson A Tborne, 1516 Douglas.
DEATH RECORD.
LONDON, Dec. .-Jiaroneea Burdett
Coutte. who has been 111 at her residence
here since Christmas eve, is dead.
The death of Baroness Burdett-Coutts,
oocurrlng at the age of W years, besides
depriving ths country of one of Its greatest
and moat famous philanthropists, removes
from London a unique personality and an
Interesting social figure. As a link with
the almost forgotten past, her life begin
ning during the reign of the Emperor Na
poleun, she lived during the relgrs of Ave
British sovereigns. Inheriilng an immense
. t
fortune she so used It as to die beloved
by the whole nation.
Jadae Ocorac n. Vonnn".
ST. TALU Dec. . Judge George B.
Young, formerly member of the Minnesota
supreme court and prominently . Identified
In tbe Northern Securities merger case as
attorney for the merger, died at his home
here this afternoon, after a brief Illness.
He was 62 years old. He whs at one time
associated In the law business with Stan
ford Newell, formerly ftilted States min
ister to The Hague.
I BLACK HILLS MINERS STRIKE
Three Hnndrcd at Terry Peak Mskt
Demand for Elght-Honr'
Dnr.
DEADWOOD. S. D., Doc. SO Three
hundred members of Terry Teak Miners'
union met las night and voted unanimously
to atrlke If the operator do not grant
them an eight-hour work day by January 1.
It Is said that ton miners will actually gu
out.
The strike will affect eight companies, the
Golden Reward, Mogul. Reliance. Impor!:d,
Wash No. i, Dakota. Portland-Clinton nnd
the Lunberge-Dorr mills will suspetid oper
ations. This will also shut down four mill at
Deadwood and will throw out of employ
ment some seventy-flvo additional men. The
mine owners In their reply state that while
the Homtstake could rprrate under the
eight-hour rule the Bald mountain com
panies Could not operate successfully under
a similar scale.
Snows Continue In Knalnnd.
LONDON, Deo. SO. Snowstorms continue
In various parts of England, but with loss
severity and there are signs In southern
England of intluVr weather. During the
snowstorm yesterday morning the Swedish
steamer Orion, In leaving Grimsby, waa
run down In the river Hunibr by the liner
Idaho from New York. The Orion sank In
five minutes, but the crew was saved by
tho Idaho, which prococdod to Hull.
Outfit the children at Benson A Thorne'l
tt 25 and 33H per cent off. 1516 Douglas.
Blar Trade In Implements.
KANSAS CITY. Dec. 3V-The Implement
Trade Journal has collected atatlntlrs show.
Ing that the actual siles of Implements,
vehicles, threshers, binder twine, hardware,
harness and saddlery by Kansas City deal
ers tn Amounted to I'U.fcttl.&Ui, to trans
port which goods required 22,5(A cars. '
Alleged Nnrilerer Captured.
ASTOR, Kan.. Deo. 30. One of the two
alleged murderera of City Marrhal Friable
of Lamar. Colo., whs enpturcd In the school
house here this afternoon. Karly Futurdny
morning the two men were believed to
have been surrounded in a rornflrld a short
dlxtance eiint of Shnridun Ijike, Colo., nd
It was said at that lime that one of them
was wounded as a result of u flirht on
Friday nljfht with a posse Astor Is Just
arrow the line from Colorado.
AMI'S EVENT.
BOYD'S
WooOward
k Burgess,
Mgrs
TONIGHT AND TOMORROW NIGHT.
NEW YEAR'S PAY MATINEE.
Llcbler and Co. Presents
THE BISHOP'S CARRIAGE
IN
With JESSIE RUBLE Y.
Three hundred seuts on lower floor. 11.00.
Wed. and Thurs., THE RED FEATHER.
Frld. and Sat., PRIMROSE MINSTRELS.
BURWOOD
Tonight-All Week.
SPECIAL NEW YEAR'S DAY MATTNEB
PRETTY PEGGY ' 0,1
Sunday, Tups., Thurs., Saturday Matinees.
Next week: IROQUOIS.
M lnilA TMCA rPDl
bVo. n-sr I X 1 n "-
m ir-aSe-60c-76e
SPECIAL MATINKE TODAY, 25c
CHILDREN. 10c.
TONIGHT, 8:16 The Great Hlstorioal
Sensation
Custer's Last Fight
A Play that Will Appeal to the En
tire World-
Opening Special Matinee Tomorrow
The Musical Comedy Success--.
Everybody Works but Father
CRKIOHTOM
'Phone Douglas 494.
Every Night Matinees Thur., Sat., Sun.
Special tTsw Tsar Matinee Tuesday,
MODERN VAUDEVILLE
is GUnserettlsi rrederlck Xawlsr
Co., Augusta Gloss Hanson k Kelson i
Maddoa ai Molvlni Mas MUllaa) Chris
amith and the Two Johnsons and ths
Klnodrome.
FBXOES lOo, fiSo 66c
BIJOU THEATER J,Vrhn.;"-
EVERY NIGHT THIS WEEK
The original and only moving picture of tha
Csnt-Nelsoa, Worlds Lightweight Championship
Taken at Goldflcld, Nevada, 8'pt. J, 10.
Perfect picture of the final blow which,
ended contoat.
House well heated.
Prices 25c, Wc.
Tex. Rickard, General Manager.
John M.Fixa's
Cafo
and Restaurant
1516 Dodge St
Everything Jfr
Best of Everything
Thoroughly I'p-to-Data
First Class In All Respect
&e HBNSHA1
LADIES' CAFE. .
An Ideal Place to
"WATCH THE OLD YTJAR OUT."
Enjoy a Good i.nner. "
Uliic! 4 Kvir I a:
) Evening f 10:80 to lfliSO
MEET ME AT "
O'Brien's Cafe
NEW YKAIt'8 EVE
TO
WATCH THE OLI YEAH OUT.
Finest Cuisine
Host Courteous Service
Com CoM la On Day, Cr$bi S Day
a a
rj e a a u
)
V
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