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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 9, 1907)
The Omaha Daily Bee VOL. XXXVI-NO. 176. OMAIIA, WEDNESDAY MORNING, JANUARY 9, 1907-TWELVE PAGES. SINGLE COPY THREE CENTS. ( 4 RIPLEY OS T11E STAND Freeident tf Santa Fe Tertifiee i Harrin.an Inquiry in Cblcag- f GETS HIS NEWS FROM THE PRESS He Bocentlj Head that Union Facifio Held Etock in. Hii Roed, ROGERS AND PRICK REPRESENT IT Himttta Lines Compete witi Santa Te at tone Points. - - TESTIMONY ON RATES ON LIVE STOCK Barllnartea Ami Sara t karaes Were A4ra4 Beraase af Heavy Daaaage Oalaia that Ba4 ta Be Paid. CHICAGO. Jan. .-The Inquiry of tha Interstate Commerce commi anion Into the management aad methods ol tha Herrtman railroad begun in New York, was resumed here today. The communion was occupied moat of tb day with evidence relating to rates on caul from Texas points, and It wss not until lata in the afternoon that the Harriman line were brought before -tha board. Only one witness was examined. President Ripley of the Bant Fa railway. Mr. Ripley's testimony did Dot bring out any startling- information. He declared lie did not know until he had read It lam week In the papers that the Union Pacini was the holder of nearly f 10 OOO.'uO oi Santa Fe stock. Ha asserted that when ap proached by representatives of this stock for the rtgnt to name members of the Santa Fe directory, he refused to consider the proportion until It was distinctly un derstood that the directors to be named were cot officers of the Union Pacific or of any other lln competitive with the Ban La Fa. The directors named were H. It. Rogers and Henry C. Prick, both of whom were directors of tha Union Pacific at the time of their election to the Bahta Fa directorate. President Ripley testified that their connection with the Union Pa cific had in do way Impaired their useful ness to the Santa Fe. President Ripley was examined and cross examined at ' considerable length, as to whether the Union Pacific and the Southern Pacific were competitors of each other and of the Santa Fe. The substance of his testimony In this respect was ttst while competitors In some things, they were not so on all classes of traffic nor from all parts of the country. Freeldeat Ripley Trstlaseay. The Inquiry Into the management of the Harriman lines was taken up shortly be fere 4 o'clock this afternoon by the Inter state Commerce commission. President E. P. Ripley of the Santa Fe road was the first witness. Mr. Ripley was questioned by F. B. XeHpgg acting; for the commission: "Did you know, Mr. Ripley, that the Union Pacific owns $10,000,000 of stock In the Santa Fer "I did not know It until I saw It in the press dispatches from New York last "Week." . . ,. "When did you hear of a deal re ou the part of the Union Pacific people V be represented In the directory of the Santa FeT" "Some time ago. Certain parties in New York lntlma' d a desire to represent certain holdings of stock In our directory and I said that It would be agreeable to alkrw them two directors provided they were not officers of competing line." '"Who did they ask to have elected "H. H. Rogers and Henry C. Frick." "You understood they were director of the Union Pacific r t "Certainly I did." The witness said that he had no per sonal knowledge whatever of the acquis! tlon of Santa, Fe stock by the Union Pa cific, f Km Foal aa Haiti. "Ha the Santa Fe any agreement with either the Union or Southern Pacific for maintaining certain rates, or Is there any pooling between them?" "There ta bo pool and no agreement re garding ratee." Mr. Kallpgg by a series of question brought from the witness that tb South era Pacific and Union Pacific were natural competitor for much t raffle between the east and the Pacific or-ast. He asked President Ripley if these two lines did not maintain equal rate and the witne replied: "I am not prepared to say." President Ripley was cross examined by John D. Mllburn. attorney for the Union Pacific. He aaked first If Messrs. Roger a and Frick bad ever, wnii acting aa dlrec- ILK m g( lua w . .w.:aw .LI u tr to Injure It In favor of the Union Pacific "Not at ail." replied President Ripley, "They are aa good directors a w have. gay Par I ara Are Ceaapetltera. "Before the combination of the Southern and Union Pacific were those road com petitora of the Santa Fe" asked Commis sioner Prouty. "No more than at present" "You said you would admit entativ of Mr. Harriman aa a director, but not an officer of the Union Pacific. What Is the difference "I did not say that." replied President Ripley. "I said we objected to the elec tion aa a director of an officer of the Union Pactfla a a personal representa tive of Mr. Harriman- because w did not desire aa officer of another road tn our directory. The examination of President Ripley con cluded with a series of question put al ternately by Attorneys Kellogg and Mll- burn regarding the through traffic to the Pacific coast. Mr. Kellogg desiring to show th Banta Fa. the Southern Pacific and th Union Pacific are competitors and Mr. Mil- bum to enow in revere. At th conclusion of tha testimony of Mr. Rlpley tn oanuf was aajouratea until tomorrow Biornlag at at o'clock. Cattle state Iaaalry. Cat tie racra and th terminal charge al C'hicag oa shipment of stock accupied theopeolng session. Chester M. Dawes of the Burlington road, asserted that It waa not possible for him to furnish certain statu lie regarding ahlp menta. which had bees requested by At torney Cowaa. representing the Texas CatU O rowers' association. Mr. Co was declared that ether road had furnished thaee figure aad It should be passable for th Burllngtoa road to do the Th matter waa dropped after some de f bat. It a expected that th Inquiry Into . .. (ba) manage Mat af th Harrimaa line will I he ta, ao natt loa with the traffic arrasge. (OBaaatMd at nd Page.) SUMMARY OF THE BEE WHitidar, -aawery laxiT. WIATBia. FORECAST FOR NEBRASKA Fair Wedne-Kiajr ; Thursday, wirmir. FORECAST FOR IOWA Fair WrtnM day and colder In central and east por tions; Thursday, warmer. Temperature at Omaha yesterday: Hour. Hour. a. m... a. m... a. m... t a. m... a. m . . . 10 a. tn... H a. m... U m .... M .... 24 .... 22 .... HI .... 19 .... 17 .... 1 .... IS 1 p. m.... I p. m ... S p. m... 4 p. m. t p. r . 12' . H 1 ' V , w DOatzrric. Coe I. Crawford tnaugurav J governor of South Dakota. Indlcationa Gamble will get the senatorshlp without a fight. Fag Negro troop at Fort Reno conspire to murder all white officers at ppet. Fage President Ripley of Santa Fe railroad testifies that Harriman lines compete with his line at some points and on some kinds of traffic. Fag e X WASXTJraTOaT. Nebraska delegation having trouble to convince congress the Missouri river can be made navigable. Fag 1 Iowa delegation to have a meeting aoon to decide on who shall have federal of fices In that state. Page 1 Representative Hull makes a compre hensive explanation of provisions of army appropriation bill. Fage 1 Senator Daniel makes speech upholding right of president to discharge troope. Fag Senator Overman oppose proposed law gainst child labor as violation of state's rights. Fag a XTEBaVASKA. B. F. Good of Wahoo, Judge of the dis trict urt cites recent pardona aa reason for creation of board of pardons. Fag a August Mueller, convicted of murder. declines to leave Stanton Jail when fellow prisoner makes his escape. ' Fage 'I Both branches of legislature complete organisation by the naming of the com mittees. Fage a Members of both houses present bills long the line of redeeming party pledges. among them terminal taxation, primary, and Railroad commission measures. Paget X.OCAX. A. M. Modisett released on charge of crooked work in land matters, not having been member of firm for three years. Fag Railroad men to meet and try to solve the grain rate question and switching charge at Omaha. ag 3 Company organised along co-opesetlve line to take over Harding plant and fight the creamery combine. Fage T Solomon chosen as president of the county board for the ensuing year. Fage T Colored man has a remedy for two His the flesh Is heir to. " t Weak and erring are lined up for cor rection In the police court. Fag SPOBTS. American and National league baae ball eeaaons will open April 11. Fag cotnrcn. bt-ttffb ajtb iowa Council In committee of th whole votes In favor of creating a new ward In south portion of Council Bluff. Fage 11 Owing to houe being uneraanisea -seri ate committee has entire charge of ar rangement for Inauguration. Fag il GREAT BRITAIN FOR PEACE 7. T. Stead Says Premier Will Have Tn laaaartaat Saargestloa for Peace Csalereaee. PARIS, Jan. . William T. Stead of Lon don, who arrived here yesterday, say h la on his way around the world In the in terest of peace. He declare he 1 author ised by the British premier, 81r Henry Campbell-Bannerman. to say that Great Britain, if no other country does so, would at th approaching second peace confer ence at The Hague raise the question of taking steps to provide for th maintenance of International peace. Thla, Mr. Stead saya, will be done In the form of two prop osition, as follows; Flint That each country participating In the conference appropriate a sum or money to be used in the propagation of the idea of maintaining international peace. Second That eacn country participeung In the conference render obligatory the ob servance of article viil of the peace con ference act of law permitting a third power to tender mediation, without giving offense, between two disputing powers, and also that th participating powers extend the scope or article via so as 10 oina me sig natories in a case or a declaration or war not to begin hostilities for a fortnight. In which Interim Mendly powers would have the right to Intervene In aa attempt to ad just the quarrel. SHAH OF PERSIA IS DEAD ABseaaceaieBl af HU Death Will Ket Be Made la Teheraa Catll Teday. LONDON, Jan. a Tha Dally Mail's cor respondent at Teheran In a telegram aent last night at UM o'clock says: Th shah of Persia died this evening, though no pub- llo announcement of the fact will be made until tomorrow (Wednesday). It was evident yesterday (Monday) that tha end was rapidly approschlng and th women of the palace also began prepara tion for mourning. Boon after sunset the door of th harem ware closed. Thla was th sign that all waa over. The news of the shah's death reached th foreign minister late this evening, but the public 1 still unaware of hi majesty's end. Praaatasi Diet Oweae. BERLIN, Jan. a. Chancellor von Buelow read th speech of tha emperor-king at th opening of the Pruaslaa Diet today. After referring to the excellent financial condl- tloa of Prussia th soeech announced tha . jovemment Intention to propose fresh UglalatioD to meet the difflcultle. en- I countered In Poland "In carrying out the , huurlcal task of strensthenlns tha Gar- man element there." The Diet will be engaged until Saturday with the first read ing of the budget after which it will ad journ until the Reichstag elections have taken place, a many member of th Diet are also candidates for election to th Reichstag. galek May Sarreader Ralsoalt PARIS. Jan. 1 The French minister at Tacgier telegraph that th sheik of th Waoras tribe, with which Raisouli has sought refuge. Is negotiating with the Moroccan war minister with the view of hrrendering to the government with hi who) tribe. The French and Spanish govertwr.ent be lieve that the success of tb Moroccan war minister In th vicinity of Tangi-r will enable them to install th International po lice and recall their squadron from Moroe caa water la about a fortnight. A.MARIE MODlStTT GETS OUT Eliminated from Land Trial, aa He ProTei Eia Lack of Connection. NOT PARTNER OF BROTHLR FOR TWO YEARS R. Medlsett, Harare C. Dal it WUUans C. Swe-et Ara Left aa Defendanta f the Charge. Al Marie Modisett ha been eliminated feom the defense In the land trial In the United State district court Judge Munger Tuesday morning decided there wss no evidence to connect him with the alleged frauds for which hla brother. Albert R. Modlsett. Horace C. Dale and William C. Smoot are being tried. The charge was ditmlaped In his case when It was shown that aince 1904 he had not been connected with the firm of Modisett Bros., but that A. R. Modisett constituted that firm him self. A the opening of the United States dis trict court Tuesday morning A. R. Modi sett. one of the principal defendants In the his land trial, waa nut on the stand. It il shown at the outset of his examina tion that since early in lS04.he had been the sole member of the cattle and ranch tint) of Modisett Broa, and that Matin Modisett had nothing to do with the ranch and cattl-) business of the firm. On this matter Judge Munger said: "No evidence has thus far been produced in this case by the government that con nects A. M. Modisett with this case, and the court may so direct the Jury." Statement f A. R. Medlaell. The examination of A. R. Modisett was conducted by Mr. Ourley. principal attor ney for the defense. Mr. Modisett said: "I have been in the cattle and ranch business near Rushvllle for about twenty years, coming there from Montana. At the time the Klnkald act went Into effect I was anxious, with other cattle and ranch men. to secure what filings we could under that law within our range In order that we might secure the graxlng leases during the time required for the entrymen and women to prove up. The matter of secur ing Indians to make filings wa first ug- , - -a . 1 u ii. . 1 , a fmM nw sru w .. : " ";r r ranchman. In a conversation I had with rim at Reserve. Kan. He asked me to se cure some Indians to file for him. I did do so. as well aa securing a number for 1 . Tt,. ...nil . V . r. rftf.flv ...jvc.i. """''""- ? ' ! honorable and legitimate and without the ; slightest Intention of wrongdoing or any I thought or purpose to defraud the govern ment out of title to the lands. We figured that we could afford to pay fflOO for the grasa lease for the five year, and so to assist the entrymen In filing and complying with the law as regarding Improvement we agreed to pay the necessary filing ex penses and put on the necessary Improve ments for the use of the grass on the land for the five years. These expenses and im provements would about absorb the 1100. Case af Iadlaaa, "In the case of the Indians, as they were not required to make any improvements on th land, we agreed to pay them S3 each In addition to their expense and filing fees. I secured several of these Indian filing for; Margrave and waa reimbursed therefore by him. I secured these . Indian filing for Margrave a matter of accommodation to him and tot no other purpose. ' I never paid Dale or Smoot nor did I contract or agree to pay them for securing filing for me. I did tell Dal to pay the Indian $25 each for me and their hotel bills a a con- aiaerauon lor mo grass contracts on meir niings. A ora nave m uua wiin jar. Mna M. Allen at Defiance, la., to induce her to file on th three additional quarters of land within our range that I might secure the grass lease. I never made any proposition to her nor to Mr. Oopeland relative to buying the land, u I kD.. that would be land. 'We must not talk about that a It is unlawful to make any such a proposition-' I entered into no conspiracy with A. M. "" tMle r WU11ra C. Smoot to defraud the government out of title to landa, nor did I enter Into any agreement with any person to .uborn perjury. No one was interests in tms ousine. out myself and my brother. Neither did I enter Into any conspiracy or agreement with anyone to defraud the government In any way. Fifty Seetloaa af Uaa. t "Our 'ranch or range occupies about fifty sections of land. There are other filings In the rang aside from those mentioned in this complaint About twenty-five, I think. I procured most of these filing and put ' fctnprovemenu OB a god many of them. I did not put any Improvement on the In dian filings, though I did know that tHuO Improvement were required . under the Klnkald law before final proof. I did not . put any Improve ment on to Sarah Alien claim. I put a small bouse on sums of the and a fence on some of them. I know that th law required SMJ0 worth of improvements, or tl-2fc per acre. Have been using th Cloud claim for about twelve yeara. No Improvement were put on It Tb amount of money in the grass contract was eft blank. The Mar grave contract th sunt way. I was at Alliance, Neb., on June 28, lSut, but not In th land office, This was th day th Klnkald filing were to be mad. In my talk with Margrav at Re serve, Kan., we discussed about getting Indians to file on the lands. Hs was figur ing on getting Indians from Kansas to 111 on th land. 1 suggested that we coold get Indians from Pine Ridg to file, aa the expense would be leas. It wa finally agreed that I would get him some pine Ridge Indiana to file. I went from Re serve, Kan., to Defiance, la., to aee about other filing, that of Mra. Allen and others. I used the Allen land for grazing up to 1S06, whea th fence were taken down. Now It is public rang and anybody can use It Wa wr not supposed to build any houses on th claim of soldiers' widow and Indiana. Hla View af th Law. "My understanding of th law was that th toM improvements must have been put on th land beror final proof Is mad. Th improvement w placed on th land ! were only Initial improvements. The r.- son that no houses were put on tha soldiers' !rtdW,.wCUn 7" e.7 .7 Dot Pueblo, and had eloped with her cwnber. Burkett'. bill pi-wide, thai the field. cUl muter In chancery, wa. re under tha Uw axpected to reside oa the ; humKtu m Ma.,n FJirvw-r i sua. tk. aa uk th. fwr.nt r.r .k. D ... land. W didn't put t i . - a an-a, bw..f-w vu m AXtU4Ul claim because they never showed up after filing and never aaked that we should. Horace C Dale, caanier of the Stock men's bank of Rushvllle, told briefly of his part In th transaction relating to th filing J which were of perfunctory and ua- Interesting character. Thla examlnatioa will be resumed Tuesday aftaraooa. . Dal Makes Hie DealaJ. . Horace C Dal, cashier of th Srorkmen's bank at Rushvlll followed A. R. Modisett on the witness ataad Tuesday afternoon. Hi testimony wa a general denial of any partkipattaa la any conspiracy ta defraud lb government out of title ta land or of any attempt to suborn perjury. HI (CenU-ued oa Eighth Page.) DOCTOR THROWN FROM BRIDGE Preaalaeat Sew Yerk Fhyalelaa Robbed Hard ere at Pert la ad. Ore. PORTLAND, Ore.. Jan. 1 There were no development today In the mysterious death last night of Dr. Phillip B. Johnson, the New Tork physician whose dead body was found under the Ford atreet bridge at "M p. m. The coroner' Jury, after a brief Inquiry this afternoon, came to the con clusion that with robbery as the motive. Dr. Johnson was murdered and hi body thrown off the bridge. Dr. Johnson came to Portland with his newly wedded wife to establish hi home and practice his' profession. The couple I bought a site for a beautiful home In a j fashionable section. Mrs. Johnson, before her marriage last fall, wss a Mrs. Scar borough. She is a daughter of former Gov ernor Hoadler of Ohio. Dr. Johnson Is a son of Episcopal Archdeacon Johnson of Staten Island and a graduate of Columbia university. Shortly after dining with hla wife last night Dr. Johnson announced his Intention of visiting a Dr. Panton, one of the examining board by which he wa to have been examined for admission to prac tice in thla state, against the protestations of his wife, who feared highwaymen. On bis way Dr. Johnson called upon his cousin. W. C. Alvord, assistant cashier In a local bank. .The silence of Mrs. Johnson and William C. Alvord, who was the last person known to have seen Dr. Johnson, hardly more than ten minutes before his mangled body was found under the Ford street bridge, waa broken today. Alvord Is firm In his belief that Dr. Johnson was attacked by thugs and that his body was thrown over the bridge to hide the crime from passers by on the bridge. Alvord says he conducted Dr. Johnson to his door and saw him walk up King street toward the car line. Mrs. Johnson declared to reporters today that her husband had no enemies and that he was a happy and prosperous man and had no incentive whatsoever for taking hi own life. 6 he says that her husband had only a few dollars In hi pocket and a silver watch when he left th Norton hotel to go to Dr. Panton' home. Dr. Philip Edward Johnson, who was mysteriously killed at Portland. Or.. Was the son of the late Rev. George D. John- on, formerly rector of Christ', church a 'l. , . . ,, T.,., . . . t Newbrighten. Staten Island. He lived at Newbrlghton until three or four years ago. when be removed to the west but returned a few months ago to marry Mrs. Scar- borough. His mother still lives at New " . . . brighten. Samuel Ivens, formerly an as sistant corporation counsel, living at New b righto n. Is a brother-in-law of Dr. John son. He said today that he had not been Informed of the death of Johnson until a reporter told him of It and that he would make inquiries of the Portland authorities. GREAT NORTHERN STOCK CASE Railroad Claims Rlafct ta lasae Seen titles Under Charter Isaaed Aaother Ceaapaay. ST. PAUL, Jan. . Arguments were bo run today in the Injunction proceeding brought against th Great Northern rail- I road to prevent the proposed Issue of J40,- 000,000 additional stork.' - . Counsel for th railroad argued that tb state could not prevent the Issue because the railroad bad th right under th origi nal charter of the Minneapolis & St Cloud railway to Issue It They further clatn. that at the time one previous issue was j made an opinion had been given by the utorntr general that the Issue conformed ; w. .y. . v., with tb state law; also that the state railroad commission Is purely a legislative and not a Judicial body, and could not de termine the necessity of the proposed Issue- Attorney General Young, rpeaklng for atate. said the right of 'the commission . ,K. ...,. , ,K. ..,. j , r1,.n whlrh ,h ..... ,:.," fh . ,.,..,.... js.ooo.ok, wortn of ,tock a year ago absolutely nolhjnK had been beard of ; whlt hld n wtth prooeei. He uld ,t ,u not for tne r,Uroad. to say lhe Uw h,d Ute In one Instance It might be disregarded in an- other. The law, he said, .bad never been repealed and' the record of the attorney general' office did not show any such opinion aa waa said to have been given. Oven if It had. such an opinion would not be binding and the railroad was playing the baby act NICARAGUA MAKES TROUBLE Headers Faeee Revelatlea Alleged ta Be Faaaeated y Central Asaerteaa Besablle. WASHINGTON, Jan. 8. That the revolu tion In Honduras Is being aided by th president of Nicaragua Is the advice re ceived at the State department today. The president of Honduras has notified Costa Rica of his Intention to send troops to th Nlcaraguaa frontier to suppress th revolutionary movement The department further I advised that Nicaragua, which was a party to the treaty of peace and amity of San Jose, Costa Rica, declined to ratify It The treaty of San Jose waa th outcome of the Marblehead agreement which was confined to Guatemala, Salvador and Hon duraa Th Marblehead agreement however, pro vided for negotiations looking to a further treaty at Ban Jose. This latter treaty Nicaragua now repudiate. DOUBLE TRAGEDY IN DENVER Maa Cosaamlt Beleld aad Wassa. Wha Eleped with Hiss Dies af Heart Disease. DENVER, Colo., Jan. a. Elmer J. Bean and Lilla Mullen Beau were found today dead In a rooming house tn this city. Th man had committed suicide by cutting his throat and th woman, th coroner de - dded, had died of heart disease. She waa tha wife of J. O. Bean, a IomiiwiHv. ' una rt'aa h tlalt-v. 1st ar ,lar4i k, - M W - - w w a from Colorado Springs that he was coming to Denver to see her. The coudI were dead whan he arrived. DIXON WILL SUCCEED CLARK Cm aa Xesslaated for Called State Seaatar by Caeca af Meataaa. eaakllea.aa. JHELENA. Mont, Jan. a. -The election of Cvireesman Joseph M. Dixon to th tnlted Btate senate to succeed Senator Iv..'.nl" -v.T01,''.; ,CUrL" of th republican member of th legiala lure giving him e vote to tX for former Senator L Mantle of Butt. Federal Judge William H. 11 out waa siren on rut. CONFERENCE OYER RIVER CcnrTMimea Unwilling to Eelier the Miaionri ia Barieabla stream. NO MONEY UNLESS THEY ARE SHOWN levra Delegallea la resgreai ta nave a Caaeas ta Deride Wit Shall Have the Federal Asaelatlve O alee a. (From a Staff Correspondent.) WASHINGTON, .'an. 8 Speclal Tele gram.) Representative Kennedy was re sponsible today for bringing about a con ference of Senator Millard. Representative Pollard and hjmelf with Congressman Davidson of the subcommittee on livers end V . V. ....... f tttM VI I . Bl 1 1 1 H " t .Li , , river.1 Judge Smith of Iowa also would have participated In the conference had not his duties as a member of the appropria tions committee held him elsewhere. The three members of the Nebraska delegation went over with Mr. Davidson the need of the people living on the Missouri river from Kansas City to Omaha and Insisted that they should have as much money for Im provements of the Missouri river above Kansas City as Is given it below. Con greiwman Kilts of Kansaa City, who Is a member of the river and harbor commit tee and who probably could secure as large sn appropriation as any member In the house for revetment work and snagging. does not expect more than 1150.000 for snag glng and clearing the channel below Kan sas City. It developed at the conference today that the committee generally be lieves the Missouri river is not navigable from Kansaa City to Omaha and that to secure any considerable appropriation a demonstration must be made that the river la navigable, which the Nebraska delega tion hope to do through the corporation now being formed in Omaha to operate steam barges on the river. The delega tion from Nebraska will ask for at least S3QO.O0O to be used on the upper reaches ! of the Missouri for snagging and clearing of the channel. Slaydea Reviews History. Congressman Slayden. one of the leading democratic representative from Texae, to day exploited the Brownsville affray and booting up of that town by colored troop of the Twenty-fifth lnfntry. Incident to his speech. In which he praised the presi dent for his courage in dismissing the bat talion of the Twenty-fifth without honor, he recited the history of this regiment which he called the "bloody Twenty-fifth." While stationed at Fort Meade In the summer of IRKS a corporal of the Twenty fifth regiment murdered a cltisen. The people of the community lynched the mur derer. Ahput three weeks after the lynch ing fifteen or twenty negro soldiers raided and shot up the town of Sturgis, which Is a short distance from the post They fired Into dwellings and business houses and killed one man. "According to the testimony," said Congressman Slayden, "taken by th coroner the raiding, shoot ing and killing was done in a thoroughly military manner." . - ' After describing other acta of the Twan fifth he called attention to an occurrence at .Fort Niobrara when the regiment wa stationed there, leaving a description of a wanton and . cold-blooded murder com mitted ta C. H. Cornell, chairman of tb republican congressional committee of thu 8ixth Nebraska district i Mr. Cornell. In commenting a few days ' ago on the outbreak at Brownsville, says, ac cording to Mr. Slayden: "Although the murdered on was of their own color and without character, the act waa no less a crime than a like one which followed it In Brownsville, and only emphasise the ne cessity of some form of salutary punish ment While the soldier might Justify Hence in the latter case on account of fear lest a fair trial could not be had In Texas, no such excuse could prevail here, since the murdered one was not a cltisen of this community, but a woman of their own race In whom no one would have any special Interest, and the trial could have been purely on ita merits without preju dice against the prisoners. Yet those who possessed the necessary Informatkin were as silent In . the former as in the latter Instance." "I want to assure Mr. Cornell, " ' said Mr. Slayden. "that there was no more need for a conspiracy of alienee at Brownsville, Tex., than at Valentine, Nob." Ha One Take OtBee. Congressman Pollard was today advised of the discontinuance of tha postoffloa at Backen. Pawnee county, on account of the Inability to get anyone to take the office. - The postmaster at that place was also railroad agent and aa the railroad office ba been discontinued and the agent transferred, the only thing left waa to close the postofflce. Cattlaar the laws Fie. The Iowa delegation, new that Senator Alllson has arrived, will hold a caucu. nhortly to parcel out the pie In the worth snd south federal dlrlct. In that state, northern district It U 'understood. wiU be reappointed. For the place nosTheld by w I ,vr,tn.- r,., j,.. tt..Z " , State attorney, there are two candidates. Tobtn from Cousins' district and Chase from Connor's district A. C. Smith of Storm Lake, present collector, will be re appointed. In the southern district Major eeed George Christian, hut the major re- fuse to divulge his name, fearful lest a swarm of c it liens will descend upon him In favor of someone else. H. O. Weaver of Wapello, th present col lector, will be reappointed. Oongreesman Hepburn ha a candidate to succeed Louis Mile of Cory don. The present pension agent at Dies Moine will be reappointed. Barkett Has Oraslag Bill. Senator Burkett today Introduced a bill providing for control of gracing on public land In the arid state and teniturtea In reality the bill Is practically a duplies. la 'of on he Introduced last April, but meet- Ing th uggetlon made by the president I in . .nan-lal iiiiiasae to eonmu l n w jagwaw - vvajaroor ai ,.. s tasHlAsw . . A a . V a m KUTV thorised to establish, by proclamation, irraxlns districts upon public landa of th- United State, -rnareupon the secretary of agriculture shall have charge of such grag. Ing districts, appoint ail officer necessary for their administration and protection, and all local officers shall be appointed from qualified elector of th atate or ter. ritorie In which such districts are sit- ,iia to rearuiate their use for - j purposes, restore and Improve their graxlng j value and iasu permit to grass liv totk 'thereon under rule and regulation pre- i" y the secretary of wcultur. classify all public land therein as graxlng or agricultural and publish list thereof, (Continued oa iOghta Pta;j EHLER CONVICTED OF MURDER bet aad Killed skees Shearer at Brace, Wye la ) Barrel Ove" Fay. LANDER, Wyo.. Jan. (Special Tele gram.) W. W. Ehler wss today found guilty of murder In the second degree. Ehler waa chanted with the murder of H. J. Storms at Bruce. Wyo., on June II, last year. The case was commenced Wednesday morning. The taking of testi mony began Thursday afternoon. Ehler owned shearing pens at Bruce. Wyo., where sheep were taken from the surrounding country to be sheared. He also owned a saloon at that place and on the above date the shearer had completed their work and had gathered In the saloon lo receive their pay. When It came Storms' turn to receive his check there wa a dispute over a difference of accounts, Ehler claiming that Storms owed him money, which Btorm denied . . After a wordy wrangle Storms at down by a table and Ehler went toward his desk behind the Wtr and suddenly turned and begsn shooting at Storms, who tried to escape by running Into a side room. Ehler followed and kept up a continual fire at him. One or two men tried to stop Ehler, tut be brushed them aside and followed Storms Into the side room, from which there waS no es cape. The others ran out of the build ing, and In a few minutes Ehler called them back and finished settling with them, while Storms was lying dead In the side room. MILLER SUSTAINED BY COURT Attoraey Rlaiht la Telllsa Men ta Ignore Sabpeeaa ia Shea Case. CHICAGO. Jan. 1 The defense In the Shea trial renewed Its efforts today to bring before the Jury admissions from va rious Btate street merchants that they were member of the Employers' association. Thla line of Inquiry, however, again proved Ineffective. Aa each witness came to the stand Assistant District Attorney Miller objected to hla producing or testifying to any book or record a The defense asked that Mr. Miller be adjudged In contempt of court but Mr. Miller explained that he had advised mer chants not to obey the subpoenas because no foundation had been laid by the defense for the production of the books and records called for. Mr. Miller waa sustained by the court The defense, falling to secure any admis sions from members of the Employers' as sociation, called Lvy Mayer, attorney for the association, to testify. Judge Ball or dered Mayer from the stand, however, holding aa Improper the defense's line of cross-examination. The court took this ac tion when Attorney Leboekey, for the de fense, asked Mayer if, as counsel for the Employers' association, he had advised the strikebreakers to arm themselves and to (hoot If necessary. TARIFF EXPERTSMUST HURRY Stat Depart neat Tells Mem la Gtr - sissy that It Wants a Revert. WASHINGTON, Jan. 1 The State de partment has Intimated to the experts who were sent to Germany to confer with Ger man experts and compare notes relative to complaints against the American tariff schedules that It would like to have a re port before the middle of February. This request was made necessary by the fact that If any legislation la necessary to give effect to the recommendations of the tariff experts, at least two weeks' time will be required to perfect It While It la hoped by the department that as the result of their conference with the Germans, the American experts will be able to recommend some changes In ad ministration that could be effected by a mere amendment of the rules by the sec retary of the treasury. It Is regarded aa probable that the changes recommended will be such as require legislation. In this latter caae If congressional action upon the proposition cannot be expected before tb adjournment of the present ces sion, then It will be necessary to ask the German government to again extend tb provision of the present German law ad mitting America to the privileges of the minimum tariff In Germany. COAL FAMINE IS IMPENDING Sartherm Faelfle Bankere Lew aad Mack Fael Req aired ta Fight Saew. BUTTE. Mont. Jan. S.-A dispatch to the Miner from Mlssoul states that the ' circmsung me peution stating mat Northern Pacific railroad at that point Is ! h U Personally acquainted with all per confronted with a coal famine, the situation ' on, who h"T 1ned ,h ma an1 th,t twin- axsravated br th eitr rf..r I he knows them ta be electors of that dls- I KmilviZn M rotary plow, on th. I ) J 7 u Z te snow ' j . "V? , Jt j tf 1 " .Z "V P" through the mounUln section 1. said Practically snowbound. Coal has . CMMtiA coming- fm the Roalvw , . . n, ' , ..." I contain only 10.000 tons, a little more than mr.r th.- enough to last the balance of the week. WASHINGTON. Jan. 8. The Interstate Commerce commission today received a dls- j l th Great Northern, reciting briefly the efforts being made by the company toward sup plying coal to iwrthwestern point. The dispatch says: Yesterday ISO ear coal west from Lart more. N. D. Todar we are movina- IS mrm , through the same territory. With three very moving. ERRORS IN WABASH ACCOUNTS Expert Wha Testifies la Mlssaarl Flads Jt,G04 Mistakes ta Reesrl af Twa Heaths' Bastaesa. BT. LOUIS, Mo., Jan. I The maximum i.w. .. v . esUroepw llrU.. A sO. AKlIetirro, OUt) OI me - . . . . -S Aas- a, smvvu ij jUi((JV v- VJ HIV (. 1 19 to examine th records of the Wabash Railroad comnanv atated tht h close Inspection of the record of th com- pany's earning and expense for 14 and 1. and said that be found LXI clerical errors In the company accounts for June nl -tl clerical errors in the accounts for October, liuC. He also claimed that an lm- Proper apportionment of ths operating ex- nenaea had been Dudi In th, iwtnl, ana that while S.M per cent of the company's ! mileage was In Missouri, tb Missouri lines i r charged with SO per cent at the total i Pens. Th. accountant wa. on the, stand at aom length on th method on : which he proceeded to make his compu- tatlons. It Is estimated that at least two week will b required to nalsh th heaiiaa. START m PLEDGES Veaiberi Cix Erideroe of Inteatien to Follow Cut tte Tarty Platform, . BBBWawSSSBB BILLS ON THAT LINE IN BOTH HOUSES Todce Present Hit Frimarj Fill of Lart Session Blicktlj Amended. DUTIES OF THE RAILWAY COMMISSION Two Meaiarea en Tbia Lnbjeot Intreauoed in the hecate. WILSEY OF FRONTIER AFTER LOBBYISTS Resolatlaa a Meet Draatl On Brlag Joe Barns of Uaeaittr to Hla Feet with a Pretest. (From a Staff Correspondent) UXTOLX, Jan. . &ix-lal. Member of the legislature started In this morning to redeem their pledge to the people by the introduction of measures covering tho platform. In the senate, Rcot of Cass lu- truduced two bills defining the duties of the State Railway commission and fixing the salaries of the members, while In the house among the very Important bills in troduced were the following: For the tax ation of railroad terminal for municipal purposes, by Clarke of Douglas: a bill for a state primary, by Dodge of Douglas; an anil-lobbyists bill fixing a penalty of a fine or Jail sentence, by Jentson of Clay; an anti-lobbyists bill, by Shubert of Rich ardson: a 2-cent passenger rate; a bill providing that a freight train carrying) passengers should not run more than aa hour behind the schedule; a bill to compel telephone companies to connect their lines; a resolution to request the attorney general to bring suit to enforce the pro. visions of the maximum freight rate lawj a resolution by Harrison to request th attorney general to bring quo warranto pro ceedings In the supreme court to test th constitutionality of the adoption of th amendment to the constitution providing for the state railroad commission. In the senate Joe Burns of Lancaster ot a chance to orate when Wllsey of Frontier introduced a resolution providing a penalty of a Jail sentence for lobbying. Burns bit terly opposed the resolution and It went over for one day. King of Poik thought the measure too drastic . Ccmmlttees were named in both houses. Dodsxe Iwt red sees Primary Bill. What la considered one of th most Im portant measures Introduced 1 th stats primary bill, by L".ge of Douglas. It 1 the same measure Introduced two year go and later amended to apply to Doug las county alone and became what waa known aa the Dodge primary law. The bill contain the original provisions for a state wide direct primary and does away with conventions of every sort, save when new parties are formed or when special elec tions are held. It also provides for th registration of voter on the primary date and the registration law will be amended to comply with thla provision. Some changes have been made to comply with the clauses that were criticised or held in valid by the supreme court, such aa the matter of the filing fee, which Instead of being a percentage of the emolument Is now a fiat sum for different office. In ad dition to th filing fee a candidate 1 re quired to circulate a petition in the elective district 6uch petition must be signed by at least 1 per cent of the voters of the party in at least six counties In the state If a candidate for a state office. For a rep resentative in congress the petition must be signed by 2 per cent of the voters of his party In at least one-tenth of the elec tion precincts in each of at least one-half of the counties of the congressional dis trict and In the aggregate not less than I per cent of the total rot of his party In such district; for an office other than the congressional district' or state office by at least 1 per cent of "ie party vote In at least one-sixth of the election precincts) and In the aggregate not less than 1 per cent of the total vote of his party In such district Th primary election day ha been moved forward from Tuesday seven week to Tuesday nine weeks preceding the general election In November, which will throw tha primary election date Into the last of Au gust flgaen Mast Be Veriiec, Every signer of a nomination petition hall sign but one such paper for the suns office and shall declare that he Intend to support the candidate named therein. na an moav" na u oe maae ny me Euch mdavU cnnot ma' bT " candidate himself. Any political party entitled to a p.aoe or official primary ballot that hi polled I per cent of the total vote cast at the last preceding general election In the stat. Nomination paper may be also filed : Mr non-wirtlaan candidates, but such pa- Pr shall contain at least per cent oi in pers i total vote cast at the last preceding gen eral election in the state or subdivision thereof In which the person 1 a candidate. All name of candidates for elective office are rotated on the ballot a In th Dodge primary law. but delegation to conventions are not routed, doing way with the Inconvenient and expensive rotat ing of th name a occurred under the old law. Inasmuch, however, as there will no longer be any convention save In ex- law la not ao Important Th filing fee ar as follows- Candidate for United States senators. tfOO; candidate for stat offices, tUr, candidates for repre sentative In congress and Judge of th district court tS: candidates for the stat legislature and all county officers, 110. At all primary elections held for the November election in cities where registration Is re quired the polls are to be opened from I o'clock In th morning until t In the even ing, but tn all other cases and in the case of an Omaha primary for municipal office I . m l l ' I -7 ajliai s w w v - v. a xvu-ia until o'clock In th evening. The old law ' v,- innr hours for the Omaha rlt v primaries. : In cttie where riglatratlon ia required j no one can vote at a primary who 1 not I registert-d. and although he may register ' on the day of tte primary be cannot make a change of tils party affiliation on the primary day. but must vote with the party v.. K.a ravtmi,1v affiiatMl with r.i- prevent udden and numeroj change from one party to another in order to tak part In that Immediate primary election. Pr.,Ul.a for Parly M.ehlaery. The party committees are provided for aa follow: The members of tb county eem- (Conttnued on Third PageJ r