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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 4, 1907)
Omaha Daily VOL. XXXVI-NO. ?!. OMAHA, FlilDAY MOKXIXO, . JANUARY 4, 1907-TEN PAGES. KIXULH .COPY TMUKti CENTS. The Bee OIL COMBINE LOSES Jndga Lendis Overrules Damnnento iicbt Indictments Chareinir Bebatine. UNUSUAL POINTS RAISED BY ATTORNEYS Contention That Direct Cuttine; ef Bates ii Hot Prohibit d is Oyerniled. REPEAL OF ELKINS LAW ALSO ALLEGED ionrt rinds That It Was Still Effeotm When Bills Wtie fieturnsd. TWO INDICTMENTS ARE RULED OUT These An Found to Be Teehnlenllr '. Defective Oil lotnpnny Most (It to Trial on the Other. CllcAOO, Jan. S.-Judge Landls In the United States district court today ove. ruled the demurrer of the Standard Oil company to eight indictments pending GHintt that corporation, but sustained. the demurrer as to two other Indictments be cause of technical defects. "These proBccu lions," said the court, "are tor alleged violutions of section 1 of the act approved February 19, 1803, known as the Kiklns law. The charge is that the defendant obtained the transportation of In property by various railroad companies at rates less than those named In the car f iTH' published schedules. The offensn nre alleged to have been committed prior to the t.ctrrient of a law approved June 29. liM, known as the rate law. The In dictments were returned August 27, lJoG." The court ruled against the defendant's contention that the Kiklns law was enacted really to prohibit the employment of In direct methods to obtain preferential rates, It being the defendant's contention that it was not a violation of the law if a railroad company dealing directly With a shipper gave that, shipper a cut rate. The court also ruled against the de fendant's claim that the, provision of the Kiklns law requiring shippers to adhere to a published rate was void as being against that provision of the Interstate commerce law which required carriers to transport property for a reasonable rate, the court holding that carriers and shippers were both required to adhere to the pub lished rate until such rate was publicly changed !n the manner provided by law. Carrier Round by Acta. The court further ruled against the de fendant's contention that the Indictments were bad because the Interstate commerce law did not require railway companies to publish rates between points beyond the carrier's own line of road, holding that If a carrier, having made an arrangement with connecting lines for the transporta tion of property beyond its own Una, should thereupon publish rates for the transporta tion of property between such points, the carrier must therefore be held aa to the hipping publlo to have facilities for the transportation of property to auch points beyond M own llfte, and that the require ment of the law applied to such a case with the same force that It applied to a jc-!nt est carrier's own line. The court ruled against the defendant's contention that the provision of the inter state commerce law requiring carriers to publish terminal charges was not operative Upon consignees, holding that In respect to . tucb. terminal charges, inasmuch as the nlgn;r would have little If any interest tn the question. The law was plainly in tended to be binding on consignees. The terminal charges in question consisted of large amounts of storage charges that had accrued on petroleum consigned to the Standard Oil company at Chicago, and which the indictment charges the Lake Shore A Michigan Southern Hallway com pany cancelled and released to the Stand ard Oil company, thus giving the Standard Oil company a rebate in respect to the transportation of petroleum. Effect of Latest Act. "It is contended in behalf of the United States." sb Id the court, "that the act of June 28, 1906, did not go Into effect until after these indictments were returned. It is urged that the postponement was effected by the adoption of the Joint resolution by congress, approved June 30, 1U&6. That reso lution provides that the rate law shall take eflect and be In force sixty days after Its approval by the president of the United States. "Of course, the purpose of this resolu tion Is obvloua. But it waa wholly Inef fective until approved by the president. This was done on June SO. and by Its own terma the act became effective on Its ap proval by the president one day before. Plainly, therefore, on June 30 the regolu- tlon was powerless to postpone that which had already occurred on June 29. While possibly on June SO the resolution might operate to1 suspend the act for a period of time (and as to this I express no opinion) the question presented by the demurrers to these indictments are to be determined as if a postponement or suspension of the act had not been attempted." After observing that the Elklns law was repealed by the rate law and that, unless there waa a statute keeping alive for future prosecution effensee which had been com mitted against the Kiklns law prior to Its -....-..1 th. rnurt minted section IS nf the revised statutes of the United States, en acted In 11 1 The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture or liability Incurred un der such statute unless the repenting act hull to expressly provide, and such statute thall be treat ivl s still remaining In force for the purpose of sustaining anv proper action of-prosecution for the enforcement of such penalty, forfeiture or liability. Intention of Congress. "This law," said the court, "has been at tacked hera as an unwarranted attempt by ll.o congress that enacted it to curtail the authority of succeeding congresses by lim iting in advance the effect to be given to their enactments. Now under our consti tution each congress is the equal In point of power of any predecessor or successor. Therefore no congress has authority to draw In the boundaries of the legislative domain to the embarrassment of any other congress. But as I read section 1J this Is not attempted. It la rather U:e sub. stltutton of a new rule to be observed by the courts in the construction of statutes thereafter to be enacted. It seems to me that such new rule U no more an impair intiit of the legislative power of such pre ceding congresses. That congress had the power to make the change la plain. That any succeeding congress may abrogate the pew rule and restore the old rule is equally plain. That until such old rule U restored each succeeding congress intends that the courts shall be guided by the new rule In giving effect t their enactment seems to me beyond question.'' -It ts the duty of the court," said Judge Brandts, "to enforce the will of congress as Ik.'uaiUn.ued oa tieouud Page. SUMMARY OF THE DEE Friday, .limitary 4. llt'7. TBS WEATHIB. FORECAST FH NKRHASKA Fair nnl warmer Friday. Saturday, snow or rain; warmer In west portion. F KK"AST Full IOWA Fair Friday. Saturday, fair an I warmer. DOMESTIC. Federal court at Chicago overrules de murrers of Standard OH oSnnpany to eight Indictments, charging acceptance of re bates. Page 1. Charges filed with Interstate Commerce commission accusing three traffic associa tions with illegally favoring Standard Oil company. Page 1. Western Fruit Jobbers' association will file charges with Interstice Commerce commission against express companies. Page . WASHCtOTOH. Senator Rurkett and Congressman Nor rls only Nebraskans present when con gress reassembles after tho holiday recess. Page B. R5BK&SKA. Gorge in Platte river cnuses it V over flow at Fremont and lower portion of city fioodnd. ! - 3. j, -ncilcally last ofllclnl act of Governor .'S s' waB 1 pardon Mrs. Lena Llllle, V .J. for life from David City, on con- killing her husband. Page 3. i Vtnls elected in Novcuiber take thel. "sy Governor Mickey sends his Inst f. y to legislature and Governor Sheldon 6!r . his inaugural. Page' 1. I'uldlc a"V u to Incoming and out going filo. .tided by large number of people. ' Page 3. Lower house of Nebraska legislature adopts a resolution Intended to curb the operations of lobbyists. Page 1. POLITICAL. Governor Folk urges municipal owner ship of public utilities and legislation making It possible. Page 3. XrABOB. Nebraska towns appeal to parties In terested to prevent strike on Union Pa cific road. Page 1. X.OCAX Jury selected for Modlsett, Dale and Pmoot land fraud trials and hearing of cases begun. Page . Omaha city council makes apportion ment of funds for 1907, on the basis of $G0,000 reduction In lovy. Page 8. Lively fight Is on between stockholders for contnpl of the Board of Trade build ing. Paga 7. Collision between Overland and Los An geles Llnilted trains results In death of one man and injury to several others. Paga 1. COTJHCTI. BLUTTS AJTD IOWA. Other members of Council Bluffs water works committee know nothing of Knud sen's proposed plan of settlement of dif ficulty and are displeased at not being Informed In advance of public. Page 9. Louis Busse, convicted of murder of his wife, to have death sentence commuted to life Imprisonment. SFORTINO. President O'Neill sends price of draft ifr Topeka to National Base Ball asso ciation. Paga . Cantllkin brothers offer management of Dos Moines t? Mike Kelley. ' Page 6. Mike Kelley ia elected president of Min neapolis Base Ball club. Page 6. Representatives of Big Nine colleges will meet at Chicago January ii, to con sider changes In foot ball rules. Paga MOYEMZZTTS OP OCEAJT STEAMSHIPS Port. Arrived. Sallad. NKW YORK Main Lorraine, NK.W YOKK Caaeel. NEW YOKK HAVRB L Pretence LIVERPOOL lunula ...... I'nlWd SUta . Atlantlan. Pretortan. Cymric. .Caledonian, LIVERPOOL. .... MVKHPnriL .... nijAtuinW MANCHESTER LnKPON LONDON Qt KBNsTOWtf NAPLES ST. JOHN'S .. HALIFAX PLYMOUTH ... I . Hibernian . lhartan ... -Marquette Btralhrra Celtic. Neapolitan Prince . Montcalm. Sardinian. Pretoria. .Pomeranian GREAT NORTHERN . TO FIGHT Railroad AVI 11 Contest Itlarht of State f Minnesota to Prevent Issue of Stock. I ST. PAUL, Minn., Jan. J. The Qreavt Northern railway has begun to contest the right of tho state of Minnesota to prevent the road from making an Issue of SiW.OO yO) of stock. In compliance with the action brought by Attorney General Toung in the Ramsey county court, W. R. Begg, general counsel for the Great Northern, appeared before Judges Hallam and Orr ia tho district court today and asked for a continuance of the matter until Tuesday. The hearing waa on an order to show cause why the company should not be re. strained from issuing the stock. The dis trict court Judges, after hearing Attorney Begg, granted the stay. Inasmuch as ar rangements have been made by the Oreat Northern to prepare for the Issuance of the stock January 4, the attorney general's department thought the matter should be taken up Immediately, but Attorney Begg explained that the plans would be modified. In the meantime the Great Northern will prepare iu case and next Tuesday a de. termlned effort will be made to break down the legal barrier which prevents the Issu ance of the stock. WOMAN BRUTALLY ASSAULTED SknII of Hiss Alice R. Gray of St. Loala Fractured With Blow of Base Rail Bat. ST. LOUIS, Jan. S.-Mlss Alice R. Gray, aged IS years, niece of James R. Gray, clerk of the United States circuit and dis trict courts, waa attacked on the street near her home In Webster Orovea, a suburb, last night and struck on the held with a base ball bit. The force of the blow broke the bat and knocked her sense less. She wits found and taken to St. John's hospital, 'where her condition is pronounced very serious. Her skull Is frac tured and if she recovers she may be deaf. She was not robbed and the motive for the aasault la not known. Her assailant es caped. PARDON THREJMINUTES LATE Mississippi Sheriff Rerelvea Keren of Commutation of leateaea Jast , After Drop Palls. VlCKSBlTtG, MIrs.. Jan. S.-WIll Har vey, a negro, was hanged todny at May orsvlllo. Miss., three minutes before notice that his sentence had leen commuted reached th sheriff. Harvey's attorney was tod iy nctlrted by Governor Vardsman that the negro's sentence had been commuted to Imprisonment for Vfe. . He hurried to the telephone and called the sheriff. The latter dM rot reach the teliohoue until three minutes after the drop fi ll. Harvey was j ItaukvU for tbe uiuidtr of another negro. FATAL CLASH OF L1M1TEDS ! E. W. Ha-tine, Actor of New York, Killed ii Union Paoifio Wreck. LOS ANGELES AND OVERLAND COLLIDE Two 1'alatlnt Trains Come Together at Ilrnle, Xeb., Rrar-Knit and (Several Passengers Are x Injured. Dead : II. W. HASTINGS, actor, of New Tork. Injured: Mrs. J. j. Finch, Sandusky, O. ; hand cut. iv. C Manning. uttumwiL la.: altaluly ln- jui ed. lliree mail clerks on No. 8. NauKhton. Rod ii, an and Johnson: slightly tinned. iioiian Uraves on No. a. brultieii. ConuucKir Anderson of iNo. 8, hand cut. HulTct Porter JVlcrrlweatner. slightly in- 4 I . ' t . nu.1 les Koch, cook on No. 8: slightly In- Jui ed. 1. i. Goodrich, Chicago, hand cut. A. B. Cook, lwistnn. In : Kllglltlv In- juied. n-ugene O Nell, Palo Alto, Cal.; In Grand Island hospital. flits. M. n. w limns, Grand Island. O. H. VVorley, postal clerk. The Overland Limited and the Los An geles Limited, two of the most superbly euulpped trains in the United States, came together in a rear-end collision on the Union Pacllic at Brulu, Neo., Wednesday evtnlng about 8 o'clock, and on man, E. W. Hustings, an actor from New York, was killed, and several were Injured, one probably fatally. ' The list of injured was secured by a Pullman representative in Omaha, but he rclused to give out the list until he had given it to the Union "Pacific, and the Union Pacific officials said they nud not received the list at noon Thursday. Ony of the Injured waa J. II. VVorley, a mall clerk from Omaha, who waa severely bruised. The Overland Limited, No,' S, which was ahead, had been signaled to stop at Brule for orders. When No. 2 stopped a flagman was sent buck 200 yards to flag No. 8, the Los Angeles Limited. Conductor Rlncker of No. 2 could plainly see the headlight on the engine of No. 8 approaching and he signaled his engineer to go ahead. No. 2 waa pulling out and had gained speed of about four miles an hour when No. 8, coming about fifteen miles an hour, struck. Knglneer Norton on No. 8 is one of the most experienced and has long been recog nized as one of the best enginemen in the employ of the Union Pacific. He did not know that No. 2 was to stop at Brule and could not stop his train quick enough after seeing the flagman to prevent tho collision. Thirty Years In tbe Cab. Mr. Norton has driven an engine for the Union Pacific for over thirty years, and It ts said this Is ti!a first accident. Several of the cars on No. 2 were damaged, the great- est damage being to tha observation car, In the smoker of which waa sitting Mr. Hastings when he was killed. W., H. Thacker of 'Dubuque when 'seen at Union atatlon in Omaha upon the ar rival of the train from the west, told of his most thrilling escape fnpm death at the hands of the big monster which came plow ing through the observation car la which he was sitting. -. "We had finished our supper In the diner some time before and were enjoying a smoke in the smoking department of the observation car, little thinking of the dan ger which might befall us when the crash came " said Mr Thanker "We wera sitting ' came, sam kit. inaoKer. we were sitting there, aome reading and some smoking, when a light glistened from behind and I isienea irom Deninu anu l what had hannened ' th I wnat naa nappenea me In following ua was plow- I before we knew engine of the train Ing Its way right through the car. The ac- i cldent waa peculiar and how I ever escaped I . , . . i u" a mjaiery. v nen ine en- glne struck It seemed to plow right through, i prying the floor of our car down and rais ing the roof until it had wedged Itself half way through the car." Victims Taken to Grand Island'. The more seriously injured wore taken to Grand Island and North Platte and those who were able to continue their Journey were permitted to do ao. It Is learned that Mr. Hastings, who was killed in the collision, was married only four days ago. Among the Injured was Mrs. M. H. Wil klna, wife of the former foreman of the Union Pacific shops at Grand Island. Pos tal Clerk Worley was off duty and was on his wtiy to Grand Island for a visit when ha was Injured. J. P. Merriweather, a colored waiter on a Union Pacific dining car who was injured In the wreck, waa taken to St. Joseph's nosp.ua. inursuay morning, mis lace was ; j. Hannahan, grand master of the Rrother badly bruited and cut. but he escaped j hood of Locomotive Firemen: without serious Injury. Whereas, A sympathetic strike of the C. P. Rodman, S2X Pratt street, was ono I locomotive firemen along the lines of the of the mall clerks who was injured.- He i lMn "h" 18 thr-atened. and . 1 ,, . .. . Whereas. Such a strike would practically reached Omaha Thursday afternoon and i,im.Kliay tho shipping interests of this en telephoned to hla heme saying he would tire country and esneclallv the movement be out In a little whlie, but failed to pay .,,,,, , v, ,, anything to the members of his family about his injury, so they had not heard of it until called by The Uee on the tele phone to inquire how badly Mr. Rodman waa hurt. Ilnstlngs Among the Leaders. Hastings waa evidently the leader of those running forward from the observa tion car and probably was caught between tha observation car and the car in front. The cars must have pulled apart In some way sufficiently to catch him, for his body was found between the two cars. Gilbert H. Worley, the mail clerk who was the most injured of any in tha wreck, except Hustings, lives with his wife at 2714 Decatur street. Omaha. His wife la visiting at Grand Island. Euegene O'Neill, a merchant of Palo Alto, Cal.. waa taken to the hospital at Grand Island. His face and hands are badly scalded from eteam escaping from broken pipes. According to reports received at Orand Island an attempt was made to flag the second train, but there waa not suffi cient time. Of sixteen cars In two trains five survived the accident, five are badly wrecked and ther est were derailed. Hastings Known la Kew York. NEW YORK, Jan. 3. E.' W. Hastings, i available, with the prospect of an ultimate the actor who waa killed in the wreck of expenditure of S2.00u.000 for the completion the Union Pacific Overland Limited, was i and maintenance of the work, well known la this city. j President Roosevelt wns In consultation He waa returning to New York from I today with Director Wolcoit and other offi Portland, Ore., where he had played for j cials of the geological survey on the sub sume time with a stock company. Hastings ' ict was a member of tbe Lambs' club, the ' 1 Player,' Cub and th. Actor. Society of KANSAS TOWN WITHOUT FUEL America He was a brother of Cuvler I Hastings a well known New York leading man. PaclAe Telephone Merser SAN FRANCISCO, Jan. 3-Announce-ment if made that the l's.ciflc Statea Tele phone and Telegrapii company and the Sunset Telephone and Telegraph company have been merged into one company and that their various propertlus and systems, reaching every part of the Pacific slope! win Uf ,.y m lT.rBer Company called the Paclnc Telephone and Telegraph company. The consolidated company has leeii capitalized at S.v,'M.. of this tl.rre will be $.3.00O.Oi preferred .tock and J1.mi uu common nock. l Improve- uicial a3 t, Ir r r i. J TO PREVENT STRIKE Commercial Clih Protest" to Intr.n Paclfle anil P.njrlnemen for Amicable Terms. At a special meeting of the executive committee of tho Commercial club Thurs day, to tillc over'the possibility of a strike on the t'nlon Pacific, tlls set of resolu tions was passed: Whereas. We notice thnt the Associated Press reports that there Is a probability of a strike on tlie part of the firemen on th I'nlon Pacific railway who are mem ber' of tho Brotherhood of Locomotive Firemen, In sympathy with the member! of tliut orpnhizi'.Mon now out on the At luntie system of the Southern Pac ific lines, this Information coming through a, declara tion of Uratid Master Hnnralcn of the Brotherhood of Locomotive Firemen lit I'por'a, 111., nnd, Whereas, The business conditions of Omaha, Neb., at this time are such that a strike causing cessation of business would be a very s rlo'.ie motter, causing much dnniHge to business and most likely create aufTcring on account of the coal situation, ..j Whereas, Po far ns we know the r!aMnns existing between the Union Pacific Railway rorrpnny and Its firemen are harmonious; therefore, be It - Resolved, 'By the Commercial club of Omaha, that we do here'iy make formal protest to the offldtiils of the Union rirific l H.Tllwnv compnny'ann to the local officer! of the BrotherhooJ of locomotive Firemen to the end that the relations now in ex istence Minll be In no way disturbed and tttuf r mv nf thosa resolutions b fur I nlchoH In Ihn n,irllo IntnMfltait FREMONT, Neb., Jan. 3. (Special. )-The Fremont Commercial club Is watching the labor situation ori the Union Pacific with much Interest, as the proposed strike would prove a hnrd blow to business here. A communication ha been addressed to the govertor and another to the Brotherhood of Locomotive Firemen in the hope of pre venting it. A strike on the Union Taclfic at this season would cut Fremont's coal supply pretty low, as most of the western ! coal the town uses comes over that road. Ixical merchants are much wrought up over It, as they are already, owing to tho 'pre vailing congestion of freight, having trouble In getting goods, NORTH PLATTE. Neb., Jan. 8. (Spe cial Telegram.) Citizens of North Platte are becoming alarmed at the serious put look for a sympathetic strike on the part of Union Pacific firemen. The Commercial club of this city has Just held a session and adopted resolutions which are being sent to the grand master of the Brother hood of Locomotive Firemen, chairman of tho grievance committee and E. H. Harrt man. The resolutions recite that the Com mercial club views with alarm the threat ened strike, which would inflict Untold suffering upon the people dependent upon the Union Pacific railroad for fuel and food, particularly when the coal supply is so short. Hucli a strike would bring un told sufferlnsr and disaster In such terri tory, and plead for a settlement of tho dllhculty without a strike. SCHUYLER, Neb., Jan. 3. (Special Telegram. ) .A special meeting of the business men of Schuyler was called this afternoon to take action on the Impending trouble of the railroad firemen and en ginemen of the Union Pacific, as a strike would cauae great suffering, as fuel could not bo shipped in and farmers would not get their corn chlpptid. Mayor Rathsack was appointed chairman of tho meeting and J. L. Woods secretary. Short talks were mad by Attorney. -'helps', who la attorney for the UnlonPacihc of this city, and also by Chnuncey Abbott, president of tho Wells, Abbott & Nieman Milling company. The following resolutions were adopted: Whereas, we have been Informed of the Kiipendiiuc troulilo existing between the oruuimiouu vi lxicomuiivu r iremen anu Kll(,,.le, rSi on tIle Atlantic division of the Bouihein Pacific Railroad company, and. Whereas. It appears that a threatened " uuifasi, ii iijuam mui tl iui etiieutru ord,'r or action extending said tiouble t ther railroads in the west, and especially to the I nion Pacific railroad, is linminmt, and feeling that an emb'trrausment or general tieup In railroad traffic at this timj would further intensity the already serious situation and cause unspeakable suffering to the people of the west, by virtue of their inuliility to secure necd"d fuel and other necessaries of life, beside the enor mous loss In waeres and ccnsi'iiu nllal In jury to business generally, therefore be It, Resolved, Hy the business men of Schuy ler, th:it we herehy appeal to the members and olliclMls of said brotherhood, and to the officials of the Union Pacific Railroad company to do all In their power to settle their differences peacefully and thus pre vent the great loss, suffering and incon venience to the public which BUch a striko would entail. We do this simply for the general public good. Irrespective of the merits of the controversy. Re H further Resolved, That a copy of these resolu tions be sent to the officials of said brother hood, and to the officials of the Union Pacific Rallroid company; also to Gov ernor Sheldon, the housi. of representatives and senate. CENTRAL CITY, Neb.. Jan. 3. (Special Telegram.) At a specially called meeting of the Commercial club of this city, held at 10 a. m. today, the following resolution 1 wns unanimously adopted, addressed to J. I "f Ht a Mn r ,,ia ','"-r when the i upplv is smnll nnd dmnnnds constantly in(.rVasing. thereby entailing an Incalcula- ble amount of damage and untold suffer inir. therefore lie It Resolved, Thnt we earnestly request that you use your beKt effoits to prevent the extenclun of this strike so that the people will not be called up,m In midwinter to endure the hardships that wo feel sure would he far from the desire of your broth erhood. NEW BREAK IN COLORADO Government Oftlelnls Concerned at Reports Com I oar from Stream ia the West. WASHINGTON. Jan. 3 The bresks In the Colorado river which have caused such great damage in the Imperial valley, Cal- tf.trnhi a vhlnv tha nfftrl:,la In Wash. ! ,n(tton con,lderBble eoncern. Reports have reached the geological sur vey of another break In some portion of the dike work which, If not promptly at tended to, will prove disastrous. The officials nf the geological survey say liO.OOO for repairs set aside at the direction of E. H. Harrlman of the Southern Pacific railusny will not be adequate for the work, but that IGoO.OOO Fhould be Immediately Mayor ef iJiWIn Wires Railway Man awer to Bend l.eas Jank and Soma Pael. LAKIN, Kan., Jan. 8. Thla town ia en tirely out of fuel. Di)ns of cars ordered weeks ago have been diverted to other towns or used by the railway company. VI T. K.w.o, . t.uriln., ...Ha , ' " " w ' j wired the general manager of the Santa Fe i railway; ".d less fruit end junk aod soma COaU. , .. . .. " ajun cwu. J Pfcopl ar desjerate her." appeal HOUSE IS AFTER THE LOBBY Fonts Passes Resolution Intindsd to Limit Tbtir Activities. INTRODUCTION OF BILLS COMMENCES Lee of Donalaa Gets the First One Into the tlnnse Hopper and Me Kesson of Lancaster lias Xo. 1 tn Senate. (From a Staff Correspondent) LINCOLN, Jan. 3. (Special.) The house of representatives dealt the corporation lobby a blow this morning when it adopted a resolution by Whitham of Johnson de nying therlght of the floor to these ad vlsera and instructing the ' sergeant-alarms to eject, forcibly, if necessary, the paid representative of any railroad or other corporation who came Into the hall. At the same time in the senate Patrick of l I sarpy introduced a bin providing tnat it is tie this fight or lose it." unlawful for tha representatives of corpora- Following tomorrow's meeting the muni tions to attempt to Influence a member of bers of the grand executive board will ho the legislature, except by open address be- (assigned to places on the Htrriman lines fore the committee of the whole or through ' in the west, so thnt In the efforts tn bring articles published in newspapers or by j about a settlement, the whole machinery briefs filed with committees. In the house ; of the organization would be put In opera- the Whitham resolution was carried by vote of 6 to 28. The vote was as follows: Yeas: Armstrong, Balra. bakar, Harratt, Haaee, Bolen, Brown of man, Btirklef, t'arlln, Clarke, Cone, boran. Farler, Frlea, Funk, flllmaa, Oralt, Green, Grelg. Nays: Ada ma. Alderaon, Beat, Blyatone, Byram. Culdlce, Payla, Fletcher, Hagemalater, Redmond, Hanaeo, Renkal, Harrison, Rejrha. Hart, Richarriaon, HafTernan, Kaundera, Henry, Bchoattgar, finer- Howard, fibuhert, . Janaa, Smith, KeltTer, Snjner. Kunl. Btaldar, Lahners, , Stoli, Legation, Talbot, Marsh. Van Honaan, Maatera, Vopalenakr, Metlger, Weema, Milllfaa. White. Murpnr, Whitham, Naff. Whitney, Quacttanbu?h, Worthing. Rapar, Mr. Spaakar. Hamer, Harvey, Hill. Howa, Janiaon, Jonea, Klllen. Knowtea, Lea, Line, Mcrullongh. MrMullen, Noyea, Rohror. stetnauer, Thelaaen, Walsh. . Bctidder, Springer, Tucker. Olalm, Leader, Absent and not votlna: Podge, France, Human, Mackay, Eiler, Marlatt, Grist of Bills Starts. The Introduction of bills began today and Into the senate hopper was thrown fifteen rneasifres, while the house members were satisfied with five bills. Mike Lee scored by introducing H. R. No. 1, while McKes son of Lancaster Introduced S. F. No. 1. The Lee bill provides that street railway companies may own stock and bonds of lnterurban companies, while S. F. No. 1 provides for change of venue In caaen brought before a Justice of the peace. Ono anti-pass bill was Introduced in the senate, while In the house Hart Introduced a county option bill, in line with the meatoure defeated two years ago. Leeder intro duced hla bill providing that no fireman employed aa a member of the Omaha firu department be required to be on duty more than twelve houra in any one day, except in case of a fire sufficiently aerioua to re- n 1 1 1 r A tha. D ,jl,ta nr nt h ttntlr 1 uru) V-1 " ment. " ' After voting against tbe resolution to bar lobbyists from the floor ef the house at any and all times, Mlka Lee explained I his action by saying the house rules pro j vlded Just who should be admitted to the house and the resolution, therefore, was 1 superfluous and unnecessary. He cited rule ten In confirmation of his statement. j No person shall be admitted to the hall . , of the house of representatives except the : i members end officers of the senate, thel Judicial and state officers, the officers of the house, and such other persons as tho house may deem proper to admit. Provided, that durlnar the third readinar of bills no n n A hut iupmWi rtt hnilu. ahnll Via admitted to the floor thereof and during roll call on th passage of bills, the mem bers shall be In their seats. McKesson Starts Something. In the senate the start toward the real work of the session waa precipitated by McKesson of Lancaster during a lull after Lieutenant Governor McGllton had an nounced the aenate would wait a few min utes for the committee on employes to finish Its report. McKesson Jumped to his feet and announced he had a bill to Intro duce. It was carried to the dee-k by a 'page and immediately senators from dlf ! ferent parts of the house began pulling bills out of their desks and pouring them j In upon the aecretary'a desk. McKesson's measure, which earned the i honor of being designated as Senate File ! No. 1, Is an unimportant amendment ti the law relating to the taking of changes of, I venue from justice court. As soon as the bill had been read by title King of Polk got the floor and offered Senate" File No. 2, to prohibit the Issuing or accepting of railroad passes in the state. The reading of the title of this bill caused more than ordinary Interest among the senators and spectators. Then Eoot of Cass got into the game with a Joint resolution request ing the attorney general to begin quo warranto proceedings at once to test the validity of the railway commission amend ment to the constitution. Rpot proved to be the most prolific of the senators, offer ing no less than nine of the fifteen meas ures introduced. Ijitta of Burt and Patrick of Sarpy added Interest to the formalities, the for mer by offering an amendment to the pres ent law governing railroad rates, providing for a reduction of passenger rates to 2 cents a mile all over the state, and the latter by Introducing a drastic measure which takes a pot shot at legislative lobby ists. The Introduction of bills closed with one by Root providing that squirrels may be killed during the months of September to January inclusive. Under the present law there Is no open season. Anti-Pass Bill. Senator King's anti-pass law Is modeled In a general way after the federal law recently passed by congress, but In some I ways ia not ao drastic or so bread. It I does not prohibit the exchange of transpor ' tat ton for newspaper advertising or any other valuable consideration, but is directed against free transportation, tickets, or passes. It makes it an offense to give or accept any free transportation between ; points within the state except by tha classes of persona expressly excepted by the ' law. Tbcai are the principal classes who ; ! may receive free transportation under the j 'law: Officers, agents, bona fide employes, j ! surgeons, physicians, attorneys for auch j ! railroads or their families, ministers, trav- I ! ellng secretaries of Young Men's Christian ' I associations, inmates of hospitals and j charitable institutions and persons engaged ' exclusively in charitable work, indigent, I destitute and homeless persona and such ! persons when tranr.jrted bj charitable , institutions or associations, the neces-ary. i agents employed in auch work. Inmates of national and state soldiers' and Bailors' homes, caretakers of live stcck. fruit and ! poultry, baggagemen, expressmen, news ! boy a, persons Injured In wrecks, phyrdrians Continued on Second Page.) CONDITION CF THE WEATHER FORECAST FOH NEBRASKA Friday, fair In east, snow In west porticn; warmer. Iemperature at Omaha yesterday: Hour. lVs: Hour. IVg. .... m S a. in 15 a a. m 14 7 a. m 14 8 a. m n 9 a. m 12 10 a, m 15 11 a. m it; 12 m 17 1 p. m 2 p. m 3 p. m 4 p. m 5 p. m p. m 7 p. m 8 p. m p. ni FIREMEN PREPARE TO FIGHT Members of Executive llnaril Assigned to Plaeea on All Ilarrlmaa Lines. PKORIA. III.. Jan. S.-The basis of action by Grand Muster Ilannahan and the mem bers of the grand executive hoard of the Brotherhood of Locomotive Firemen and Enginemen was) tonight transferred to Chi cago, where the sessions Will open tomor row morning. ... 4 Sir. Hannnhan stated that he would "set- tlon at once. During the day ninny mcs siges from state officials and commercial bodies .In the west were received in tho grand lodge offices. Among them w:is a telegram from Governor McDonald of Col orado offering his assistarce in settling the strike and stating that the people of thnt commonwealth are opiosel to tho strike. j Governor Rrooks of Wyoming nfked that the strlke.be not willed rs It would crlople the Industries of the state and bring suf fering on' account of the short supply of Coal now on mind. NEW TORK, Jan. 3. Copies, of the tele grams between John J. Hannahan, gran I master or the Jirotnernood or l.oeomrtlve Firemen on the Atlantic system of the ; Southern Pacific company were given out here today. Mr. Hannahnn January 1, sug- i gested arbitration of tho difficulties hut said the firemen would Insist thnt a third party should not be permitted to Influence the company. Mr. Hannahan also made reference to the possibility of an extension of the strike to other parts of tha Harrlman system. Mr. Harrlman in reply said tho company was not affected by outside Influences ' In dealing with the firemen and was willing to arbitrate, but could not restore the con ditions existing prior to May 1, without viola ting on agreement made with the en glneers. i "An arbitration' that does not settle' thn j relations between engineers and firemen, which is the basis of the whole trouble," said Mr. Harrlman, "would be useless." TWENTY-EIGHT BODIES FOUND Rock Island of Dead OlllciHls Place Number In Volland Wreck Thirty-Two. TOPEKA, 'Kan., Jan. 3. The inquest to bo hold over the bodies of the men killed in the Rock Island wreck at Volland, Kan., yesterday by the authorities of Wabaunsee county was today postponed until Monday. John Lyons, the boy operator at Volland, will be the principal v.'itnoss. ' The officials of the railroad company state that the total number of deud will not ex ceed thirty-two In all. There are twenty eight bodies at Topeka, and Alma, includ- i Ing those of persona who were killed out rlgnt, bodies of victims who have died Blnce the wreck and the charred corpses that wf.re mnoVcd from the smoking car . ,. after the fire. Of these bodies five are those of white men, one the corpse of the negro porter, and twenty-thre; are Mexi- 1 CailS, The officials of the Rock Island railroad are holding an inquest to definitely place, the responsibility for the collision. So far as known all the woman on tho train escaped death and none were even seriously injured. W. II. Osgood of Mitch. ellville, Ia., wag dragged from the ruins still alive, but died in a few minutes, ile was identified by papers in his pockets. Mrs. Jennie Coleman of Peoria, 111., and Mrs. J. W. Harpstiite of Chicago and her 10-year-old daughter. Jane, were riding in j speaker's stand, and they subscribed to It the tourist sleeper of the eastbmind train. , in chorus. They were cn their way to their homes J The Ins, ant tho new governor had ra from Culllson, Kan. Mrs. Harpstrlte wits i peated the oath, the crowds began to slightly Injured about the neck and ahoul- j cheer, which was the signal for tho boom- ders. The two women went east last night. Mrs. Harry Tex., and her baby, Wright of Dalhart, bound for Decatur, 111., were unhurt. ALMA, -Kan., Jan. 3. One of the dead bodies brought h re from the wreck of two Rock Island trains near here yester day was Identified tonight as that of J. H. Sayre, a bunker of New London, Mo., who was enroute to Texas. Sayre's body was Identified by a brother, and It will bo ! taken to New London for burial. Fragments of sixteen bodies of wreck victims are in tho morgue here. STRIKERS SENT TO PRISON Members of Milwaukee Moldrrs' Union ITnnlshed for Violating an Injunction. MILWAUKEE, Wis.. Jan. S.-Seven mem ber of the Molders' union were sentenced to Jail here todayv by Judge A. L. San born in the United States district court. The penalties resulted from contempt pro ceedings, alleging violation of the injunc tion granted to the Allls-Chalmers com pany. Michael Matzbaum, chairman, and John Lutx, treasurer, of tho strike committee of the union, were sentenced to Imprisonment In tha county Jnll for thirty days. Two other members of the committee were dis missed because of defect In the pleadings. Wtlllum Henn!n7. convicted of assault. j WHB ,ntenced to forty days In Jail. Two pickets were given thirty days each and two other strikers were given fifteen days. Notices of appeal were given In several cases, but Helming and one otliot will begin their sentences Immediately. MRS. HEYL IS GIVEN DIVORCE Mllrraakee Millionaire and Wife Agree to Division of Property Oatslde Court. j MILWAUKEE, Wis.. Jan. S.-Jydge Hul sey in the circuit court this evening granted a divorce to Mrs. I lura B. Heyl from JaerVi Mcvl. There was no ennl,.Ht In the division, of proiKTty by agreement, IS. of life insurance is assigned to Mr.. Heyl as well aa Heyl a half InlereKt in the Schandeln-Heyl library. Mr. Heyl rel'n qulshes all claims agalr.st the Hchand In estate amounting to about fl'io.OO and also hla fees as executor amounting to approx imately Soto. Mrs. Heyl a over, to th ueferdant ft'O.ruj In renl es-tute, first mort gage bond and about I0u,'Xj in caab. SHELDON STEPS IN GoTerner and Ctfcer State Cfficsrs Arsnma Cuties to Wh.ob They Wera ( bostn. CEREMONIES OF SIMPLE CHARACTER Governor Mickey Prrsents His Last Mei saee to the Legislators. STATE FINANCES CAREFULLY REVIEWED Sheldon, in His Inaugural, Peals Ifitk Xatters of Leeitlatien. DEALS AT LENGTH WITH THE RAILROADS Recommends Action Along Lines of Party I'leJaea and Presidential Vlerta Fi pressed Dnrlnit the Campnlsn. (Prom a Staff Correspondent.) LINCOLN, Jun. 3 (Special.) In tho prese nce of an Immense crowd of admiring friends and loyal supporters, whose cheera were echoed back by the Ix oming of a cannon, Hon. George Lnwsi n Sheldon waa this afternoon Inaugurated governor of j Nebraska, the first native ron of the atata ' ever chosen to occupy this Important po sition. The executive renponslblllttes j slipped onto his broad shoulders gracefully land enslly and the cheering of the crowd nttested the belief, the confidence reposcA1 I would not be abused, while the dignified I bearing of the new governor, hla eainest-V ness, assured nil the pledges made to the people would remain forever fresh In hla mind. The onth of cfflcp wns administered to the new governor the new governor Immediately following the reading of the message of Governor John H. Mickey, who retires to private Ufa after serving the people for four years as chlef executive. Applause greeted Gov ernor Mickey when ho appoared and at intervals while ho spoke, but the people had come out to pay respect to a new gov ernor, one of their own people, and tha ftoindKates of enthusiasm were loosened when Lieutenant Oovernor McGllton Intro duced htm "as a glunt not only physically but mentally." The inaugural ceremony was extremely plain and no effort was mnde at decrirav tlons. but the Fcetie was Impressive to a degree. The new governor was Just a trifle pale and his usual seriousness and earnest ness was Just a trltle more noticeable. That was all, but it waa enough to make tha scene a memorable one. Sitting with legislative officers who par ticipated In tho ceremonies, were Chief Justice Sedgwick and Judges Barnes and Letton of the supreme court and Speaker Nettleton, whllo in the front row of Beats were the other elected state officers, who took the oath following the Inauguration of Governor Sheldon. , Interested Spectators to the) Scene. Rack in the ruar, outside of the railing, was Hon. Peter M or tense n, retiring stata treasurer, modestly declining to take a place aiming the si. it a dlgniatarlea, but leaning aguinst the railing to pay courtesy to a man he admires and who admires him for duty well performed. United Statea Senator Millard was Invited publicly to occupy a scat beside the presiding officer, but Mr. Millard had gone home and, there fore, could not be found. In the center of the room, to the left of the oflicara, were Mrs. Sheldon and her children and Mrs. ! vickev wives of j outl!u,n'a executive ouiung exetuine, the new governor and In Joint session tile sonata and house met In representative hall at 2 o'clock, but It was 3:40 before the preliminaries were completed and Chief Justice Sedgwick had administered the oath, to Governor Sheldon. This was a most simple ceremony. Judge Sedgwick stepped before the speaker's desk and with his side to the auuiince, so j to face the chle( justice, Mr. Sheldon re- pt'iited the outh. His voice waa Juat a Httle husky and no could nut be heard in Mil parts ot the house. When this cere mony was completed Judge Sedgwick ad ministered the oath to the other officers, who stood before the railing around tha ing of a cannon In the state house yard. noting the beginning of a new ere In Ne braska affairs. When Governor Sheldon was Introduced by Lieutenant Governor McGllton, who j took occuslon to endorse his character', tha former at once began to read hla mes sage. The happy circumstances under which Mr. Sheldon becomes governor was re marked upon by many after the reading of his message. On a specific platform he j was elected and with him a majority of tha members of tho legislature with whom ha has to work, all of whom' exprews confi dence In his ability, hla integrity and In his honesty of purpose. Immediately after the ceremony lie waa surrounded by friends, who heartily congralulateu lilm. During his address Governor Mickey ppoke of tho criticism of his pardon and parole record and ho took occasion to tell cf one pardon he had Issued and why. Ha became very much affected when telling of the pleadings of a misguided young girl to save a man, who afterward became her husband, from prison and was glad he had issued the ardon; the child, he said, hay ing been named "Mickey." Following are tho slate officers who wera sworn In today: Lieutenant Oovernor Hopewell, Treasurer I G. llrlan, Auditor jf.. M. Hearle, Attorney General W, T. Thompson, Land Commissioner H. M. Eaton, State Superintendent McBrlen, Sec retary of State Georgo K. Junkln,- Railway Commissioners H. J. Wlnnett and J, A. Williams. Governor and Mrs. Sheldon held a re ception at the mansion during the after noon to the new officers and tbe outgoing officials. Governor Mieldon's Address, To the Senators and Representatives. Thirti' lh Hessiun of the IfK siature of Ne braska: 1 uui pleased to greet you upoa tins occasion. I appreciate beyond ex- ' prcssion the confidence tho people of Ne braska tilaced ill me at the lat alefirtn I appreciate deeply the high honor thereby '. ,.n,i,.rr,.rf him, n Lie. und I vltili Ia H.ut.C ii. V friends throughout the state for tha 4 loyal and enthusiastic support they gavi niu duiing the campjlgn. 1 feel especially grateful for the assistance and support of the loyal republicans and the independent u l.n l.kL.r.f In I Vtu ,,,l,u n..l.. ...... n, . thai, the one to which I havx th partli pleasure nf belonging and by which 1 was nominated. . , fTr" a"'. w's?. Wl,?', hope and trust will be taken In the same ! kindly wcy and with the same good will is i Ho y are given. You will lemember that we are plrdged against extravagance srd bound not to raise any mure taxes for current expense than will be necessary to conduct our stute gevemme.it under the moat rig.il (Continued on Seventh Page.) hi ,5 t t
