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
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t
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