Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 11, 1907, Image 1

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    The Omaha Daily Bee
In 10, The Omaha Bee pob-
uidm almost a nan muuon
agate) line more display
advertising, than any
hfi-M'. jj'mu i, ,nigjr other Omaha paper.
othor Omaha paper.
v In 1906. Tha Omaha Bn pub
llshed nlmort a half million
bljV1 1!n mora display
nnfl XndTertlalna; than anv
Interstate Commerce fomnrarlon Will HoH
Harriman, Frick and Eojera,
lotion Arises from Eeport that Thej Wert
Leariac for Europe.
Jamee Itillmao, Who Waa Expected to Be
a Witaeta, Sailed Tuesday.
Trafflo Mannger of St. Paol Road
Saye Union PaelMe and Sonthern
Pad He Wr One Com
petitors. CHICAGO, Jan. 10. The attorneys who
are for the government conducting the in
vestigation ' Into the management of the
Harriman lines announced today that they
had determined to take steps to prevent
K. H. Harriman, Henry C. Frlck and H.
H. Roger from leaving the Jurisdiction of
the Interstate Commerce commlaslon. In
order to prevent this steps will be taken
to cause the Issuance of writs of na exeat,
by authority of which they will be com
pelled to remain within the jurisdiction of
the commission.
The InvestlKation by the Interstate. Com
merce commission Into the traffic alliances
and other business deals of the railroads
controlled by K. II. Harriman was com
pleted today so far as Chicago Is con
cerned, and the commission adjourned to
meet in Seattle, January 21, when the case
will be resumed. James H. Hlland, third
vice president of the Chicago, Milwaukee
St. Paul railroad; Julius Kruttschnitt.
director In charge of maintenance and op
eration; E. A. McCormick, assistant Waffle,
director of the Harriman lines, and J. A.
Munroe, freight (raffle manager of the Un
ion Pacific, testified today.
Testimony showing that the consolida
tion of the Union Pacific and Southern Pa
cific had eliminated competition to a cer
tain intent was given by Mr. Hlland, and
Krlttschnltt admitted that purchases of
rolling stock for both systems waa prac
tically under his control.
After' the commission adjourned this
afternoon it Waa said, that after the com
missioners had ''concluded their Investiga
tion la the west, the hearing would be re
sumed In New Tork. At that time, Mr.
Harriman, William Rockefeller and Stand
ard OH officials and others. Including H.
H. Rogers, H. C. Frlck and Judge Still
man would be called before the commis
sion. Mr. Hlland's Testimony.
James H. Hlland. trafflo manager of the
Chicago, Milwaukee St. Paul, waa the
first witness summoned today. He said
that the Union Pacific and Southern Pa
clflo were formerly competitors for Pacific
coast business.
Mr. Hlland was asked If competition
hitnan . rMinda rnul 'ntill exist lf all
the railroads In the country were brought
under one management. He replied that In
all probability competition In such a eaae
would resolve Itself into a question of per
sonal rivalry between the separate manage
ments of the railroads.
On the whole, he considered, tha edge
would be taken off tjae competition and it
Would, all things considered, not be aa keen
aa under individual ownership.
Mr. Hlland declared that since the con
solidation of the Union Pacific and Southern
Paclfio his road had experienced greater
difficulty In handling certain classes of
On cross-examination he was asked by
John G. Mtlburn, attorney for Mr. Harrl
mun, If the consolidation Itself waa the
cause of the Increased difficulty. He replied
very emphatically:
Yes. sir."
"How does it work against ytvtr liner
"The groat er part of the buslmss I have
mentioned goes by the Southern Pacific and
Is, I presume, dt fleeted in that direction In
order to make a longer haul than would
a the case if It went by the Union Pa-
Krattacfcnltt ea Itssd.
' JJanus Kruttschnitt, director of mainte
nance and operation on the Southern Pa.
cmo ana u. ""(reived her. The shocks, while light, wer
Mr. . Hlland. , I j,fi. ., t.ated .hnui fifteen on.
Attorney Kellogg asked Mr. Kruttschnitt
In a long series of questions regarding his
duties. The substance of the Answers wer
that the witness la in charge of operation
oa all lines of the Union Paclfio and South
ern Paclfio systems except the lines In
Texas. Concerning those lines he Is, he
said, . frequently consulted by Mr. -Harriman
and President Lovett of the Texas
a lines. When asked ho originated the Idea
of placing one director In charge of opera
tion on ail the Harriman lines except the
Texas roads the witness said he presumed
Mr. Harriman. He had received his ap
pointment from that source.
E. O. McCormick, in charge of passenger
trafflo on the Southern Paclfio and Union
Pacific, was the third witness. He was
Questioned along the same lines regarding
passenger trafflo as Mr. Kruttschnitt had
been concerning operation.
An attempt was made to show by Mr.
McCormick that the advertising of the
system in the hands of on man, but
he declared that he passenger traffic man
ager of each 11ns managed his own adver
tising subject to ths approval of Trafflo
director Stubb.
Omaha Man Testifies.
J. A. Munroe, freight traffic manager of
the Union Pacific,, was called. The ques
tions answered by him wer along the Una
of those put to Messrs. Kruttschnitt and
On cross-examination ' Mr. Munroe de
clared that in all essentials ths freight
conditions between the Union Pacific and
Southern Fnclnc have not been altered by
the consolidation of ths two lines. He as
serted that while connected with the Union
Pacific prior to the consolidation, he had
never considered the San Francisco rout
via Portland and the sea, as In any de
gree comparable for efficient service to
the routs via usucu auu iui wuiucrn rn-
- elite.
He waa asked If the Portland route could
be utilised by th Union Pacific In of
fenslv operations to offset unjust rates
by the Southern Pacilie from Ogden to the
Pad no coast. He said it was oi minimum
value la such a contingency. - I
Competitive condition betweea the
Southern and Union Paciflo, he asosrted. 1
had existed before th consolidation and
still exists.
"But," said Mr. Severance. "Mr. Stubb
said yesterday that there had never been
. competition oeiweea ioto, in umer
from Mr. BtubbeT"
"I think ther la competition now."
Mr. Munroe declared that h did not con-.
&Uuatluu4 oa SeeeaA Pnge-J;
Friday, Jissiry 11, 1BOT.
day except snow In the northwest portion;
Saturday fair and colder in northwest
Slitunlar IncreflaInK cloudiness. Dnnslblv
rain or snow in north portion.
temperature at Omaha yesterday:
Hour. Der. Hour. Dor
6 a. m....
1 p. m
2 p. m
p. m
4 p. m
6 p. m....
( a. m....
7 a. m....
a. m....
a. m....
10 a. in....
U a. m....
. 2f
. 38
9 p. m
7 p. m
p. r
U m
p V
Interstate Commerce Convv sston Is
sues writs of Ne Exeat for 'Harriman.
Frlck and Rpger to compel them to re
main within Jurisdiction of commission.
Fag 1
Senate passes Lafollette bill limiting
continuous service of railroad trainmen
to eighteen hours. .rage
House passes the armp appropriation
bill. . .rag
Personal encounter betwwen Represen
tatives Games and Mahpn on floor of
house forcibly prevented by members.
rage a
Congressman Klrtcald disposes of a
number of postal matters. Jags 1
Senator Burkett calls Nebraska delega
tion together to' agree If possible on
Judicial division bill. rage 1
Railroads are agin active seeking to
deceive legislators on the effect of the
terminal taxation bill, .rags X
Olbson introduces a bill which will pro
hibit brewers from conducting saloon.
rage 1
State Banking boards recommends some
changes In present banking law. rag 4
State Board of Health finds story of
Rhodes ahput being mistreated at Alli
ance la not correct. rage 4
National Association of Base Ball
leagues adjoruns without taking action on
draft of Topeka by the Western league.
rag 8
Atlantic league Is denied admission to
National Association of Base Ball leagues
and will organise an Independent circuit.
rage 8
James Sebrlng, who llolated contract
with Chlcage base ball team Is denied
reinstatement by Notional commission.
rag 8
ootvoxl nvrrm aid xwa.
Daniel Pascal of De Witt pays $150 for
prize winning ear of corn. rage 1
Board of supervisors at Cpunctl Bluffs
discovers It has been paying more for
books than other counties but awards
contract Just the same. rag 11
Legislators from Northwestern Iowa
Inject the United States attomeysplp Into
the senatorial question. 'age 11
Towns la America and Europe Report
Shocks Which Alarm h
'-. f Inhabitants. "" ' -
CHRISTINIA, Norway, Jan. 10. Two
ever earth shocks wer felt here at 1:10
this morning accompanied by rumblings
like thunder. Telegrams received In this
city show that the shocks were felt at other
towns in Norway. The disturbance caused
considerable alarm, but no damage has
been reported.
YEKATERINBURG, Russia, Jan. 10.
Two earth shocks were felt here early this
STOCKHOLM. Sweden. Jan. 10. Two
distinct and sharp earth shocks were felt
at several points In Sweden at 1:80 this
Dispatches received from Arvlka, Mellerad
and Stromatad report that tho rocking of
houses at those places caused a hasty
exodus of the alarmed Inhabitants.
WILLIAMSPORT, Pa., Jan. 10.-A series
of shocks, evidently earthquakes, were felt
and heard In this section, from 4:45 to 5.30
o'clock this morning. Buildings shook so
that families were awakened and rumblings
sounds were heard over an area of about
twenty miles. (
BALTIMORE!, Jan. 10,-Several earth
shocks were felt at a number of points in
Baltimore county north of this city at about
1:45 this morning according to reports re-
WASHINGTON. Jan. 10,-The weather
bureau officials state that no record waa
shown by the seismograph of the earth
quake reported from points In Pennsyl
vania and Maryland early today.
PHILADELPHIA. Jan. lO.-Reporta to the
Associated Press from Harrlsburg, Tork,
Lock Haven, Sunbury, Lewlston, Hunting
don and numerous other places In central
Pennsylvania indicate severe trembling of
the earth early this morning. Buildings
were shaken, dlshe rattled, pictures dis
placed on walls and Inhabitants generally
ran from their homes. Th motion of th
earth seemed to be from side 'to side-and
was accompanied by a pronounced rumbling
Th reports timed the shock aa having
occurred between I and 5:45. With the
earthquake reports cam a dlsptatch from
Hollldaysburg announcing th blowing up
of 6,000 kegs of powder at a powder
works four miles from that place at about
I a. m. As th government 'seismograph
at Washington shows no record of aa
earthquake having occurred in this ' vi
cinity this morning, it la believed the
tremor may have resulted from th powder
ter Governor at Mlssanrl lays He
Lsssed Money t Texas
EL PASO, Tex., Jan. 10. Ex-Governor
Francis of Missouri, now enroute to th
City of Mexico, said today, in reference to
the charge made In the Texaa letcislnture
yesterday that be had helped H. C. Ilorce
Induce Senator Bailey to work for the re
admittance of the Waters-Plerc company
to Texas:
"I simply had a plain bulns transaction
with Mr. Bailey. He la a friend of mine
jand I loaned him money when he needed It
to buy some land.
Mr. Francis and party ' wer bnntjueted
here last night by the Tolteo club and offi
cially welcomed to Texas by Mexican Con
sul Mallen. I
Mlaaonrl Marderer Hanged.
ST. liOUIS. Jan. 10 A special to tha
Pnst-DivpaU'h from Warrvnton, Mo., says
William E. Church was banged bar this
mo ruing for Ui murder of his foster par
ents. Mr. and Mrs. H. W. Y enter, on Au-
fust au, la. Church strangled to death.
1 waa pronounced dead elKhtren and ona
half nunuua a iter th drop fell. Upon
ascending the scaffold he esprsasod rrt
al )avli4 klU4 biM (ester mmmLs,
Kodisetts, Dale and Emoot Are Acquitted
on Genipiraof Charges.
Gives lastractloas that Each
at Was Overt Aet aa
Conviction oa On
Was Bnfllelent.
"Not guilty In the manner and form as
charged In the Indictment," was the ver
dict of the Jury at 11:86 Thursday morning
in the case of the United States against
Albert R. Modlsett, Al Marie Modlsett,
Horace C. Dal and William C. Smoot,
who were Jointly charged with conspiracy
to defraud the United Btates out of title,
us and possession of certain public lands
within the Modlsett ranch enclosure and
for conspiracy to suborn perjury by means
of false, fraudulent and fictitious home
stead entries.
The Jury went out at 5:35 Wednesday
evening. Being unable to reach a verdict
during the night, the Jury waa permitted
to go to the Paxton hotel the remainder
of the night and resumed Its deliberations
at 8 o'clock Thursday morning. At
o'clock Thursday morning the Jury came
Into the court room to ask for additional
Instructions. The query was propounded
by W. H. Raymond.' foreman of the Jury, as
to whether the Jury could find a verdict
of guilty as against one, two, three or
more of the parties perjuring themselves.
sufficient to Shorn One.
Judge Munger said: "These are all dif
ferent overt acts. It Is sufficient to estab
lish one. It Is not necessary to show that
each overt act was committed, and to es
tablish that a prior agreement existed be
fore the overt act was committed. The
court forgot to Instruct the Jury yesterday
that the evidence of good character should
also be taken Into consideration and given
due weight. The Jury should remember,
too, that It- was shown during the trial
that Mr. Modlsett had a conference with
Mr. Brome, a lawyer of Alliance, prior to
the procurement of these 'filings and leases,
and was advised by him that Indians were
eligible parties to make homestead filings,
and that It was not unlawful -to execute
leases on the lands for graalng purposes."
The Jury then retired and came In again
at 11:36 o'clock Thursday morning with a
verdict of not guilty as to each defendant.
All of the defendants were In the court
room when ths verdict was returned, as
were their attorneys and the attorneys for
the government.
Jary Discharged for Term.
The couxt, after thanking the Jury for
its patient hearing of the case, discharged
it for the term. W. H. Raymond of tha
wholesale grocery firm of Lincoln was the
foreman of the Jury. Mr. Raymond was
asked as to the findings of the Jury, but
declined to speak of them more than that:
"We agreed to find the defendants not
guilty In the manner and form as charged
In the indictment. Further, than this, I do
not care to say anything." '
''The case went to trial' January 8 in the
United States district court and has hence
lasted Just seven Cepv. '.The -defendants
were Indicted at the May term of the fed
eral grand Jury for 1908 for conspiracy to
defraud the United States out of title, use
and poseseslon to certain lands by means
or false, fraudulent and fictitious home
stead entries and for conspiracy to suborn
perjury. The alleged filings were made
within what la known as the Modlsett
range, in Sheridan county. The Indictment
occupied 166 pages and contained eighteen
counts. The government elected fS, go to
trial on the first seventeen counta The
speclflo charge of conspiracy related to the
procurement of filings by four or five citi
sens and two or three soldiers' widows and
some eight or ten Sioux Indians.
Extent of Modlsett Tract.
The Modisett enclosure embraces, or did
prior to 1906, some 40,000 acres, of
which about 10,000 is deeded land. Only
about twenty-five entries were Involved in
the hearing Just closed, most of which were
made under the Klnkald law during tha
summer of 1904. ,
- Mr. Qurley of counsel for the defense
"I hardly know Just what to say. I was a
little afraid of the Jury at first, but I knew
we had a good case and that th law and
facts were with us. We have been very
fairly treated by the papers, and the ver
dict Is a Just one and under the evidence
could not have been otherwise than an
Mr. Woodrough I want to thank The
Bee for the fair way In Which It ha treated
us in Its reports of -this case. It has pub
lished column after column of the proceed
ings of this trial and we have not the
slightest fault to find with Its report. I
must admit that after the case went to th
Jury and when It stayed out so long that
I was a little uneasy, but still I oould not
see how any other than a verdict of ac
quittal could be given. '
Mr. Ooss I do not care to b quoted in
the matter other than to say that w think
tha government had a good case, but then
it waa up to the Jury to determine the
question of guilt or innocence. I have no
eomment to make.
Defendants Make Statements.
A. M. Modlsett Th Bee haa treated us
very fairly all during the trial and I am
grateful for It I knew as soon aa the
facta could be brought out that the ver
dict would be Just aa It is.
William C. Smoot I am very glad w
have been vindicated. It is a serious thing
to be under a cloud like this, especially
when one holds a responsible public posi
tion. The commissioner of Indian affairs
Investigated these same charges a year or
so ago and exonerated me. But when I
was Indicted In May 1 asked for a fur
lough as additional farmer and had a man
placed in my place until this trial was
over. I shall telegraph to the commissioner
at once and tell him of my vindication and
expect to return to my work at once.
Constituent Corporations Ar Found
Guilty of Forming aa U legal
NEW TORK. Jan. lO.-Ths United Btates
circuit court Jury considering the Tobacco
trust case tonight rendered a verdict of
acquittal aa against tha Individual defend
ants, Karl Jungbluth and Howard E.
Toung, and a verdict of guilty against the
corporate interests, the MacAndrews 41
Forbes Co. and the J. 8. Toung Co.
The .corporations were found guilty on
twe counta on for forming an Illegal
combination and th other of being a
The corporations wer acquitted ton the
count charging conspiracy.
. Counsel for the defense at ono made
motions for aa arrest of Judgment and
asked for a stay. Judge Hough Axed Mun
a be bant arguueat
Keatnrky Jnrlat Fenrs He Will Be
Killed and Appeals for
LEXINOTON. Ky.. Jan. 10.-A special
from Jackson says: Judge Carnes held, a
session of court for fifteen minutes this
afternoon. He said he would hold a short
session tomorrow. He also announced that
he had asked for troops to protect himself
and attorneys in the case. Neither Judge
Hargin nor his attorneys, W. A. Toung or
J. J. C Bach appeared In court.
LEXINOTON. Ky.. Jan. 10.-8peclal
Judge Carrie, trying James Hargls, Ed
Callahan, iohn Smith and John Abner for
the assassination of Dr. B. D. Cox at
Jackson, Breathitt county, tour years ago,
wired Governor Beckham asking that fifty
soldiers be sent to guard him against
assassination. Jackson is filled with armed
FRANKFORT. Ky., Jan. I0.-Oovernor
Beckham this morning sent Adjutant Gen
eral Lawrence and State Inspector Hlnes
to Jackson to Investigate - the situation
there before ordering out the military.
The governor received a request from
Judge Carnes, presiding In the Hargls case,
for a detail of militiamen for his personal
Armed men mnde several attempts to
reach Judge Carnes In his room at the
hotel last night, but they were prevented.
Judge Carnes wired Governor Beckham
asking him for the soldiers on the advice
of Police Judge Caldwell of Jackson, an
enemy of the Hargls faction.
Armed men followed Carnes about this
morning. The friends of Jmes B. Marcum
and James Cockrell, whose assassination
Hargis, Callahan, Smith and Abner are
charged with, are arriving and taking
sides against the accused men and Judge
It Is said Judge Crimes will not again
convene court unless troops come to Jack
son B. R.- Jouet, attorney for the prosecution,
left here at noon In an automobile for
Frankfort to beg the court of appeals to
refuse to allow Judge Carnes to try the
State Adjutant General Lawrence and
State Army Inspector Henry Hlnes passed
through here today enroute to Jackson.
Reports received here say the citizens
there are begging for troops. They be
lieve the town will be the scene of carnage
If the troops are not brought in. Five hun
dred armed men are now In Jackson. The
Jury In the Hargls case has not been se
lected, as It has been found Impossible to
secure twelve Breathitt county men who
are not afraid to pass Judgment upon their
fellow townsmen and most powerful cltl
xen, ex-Judge James S. Hargis. The ma
jority of the people of Jackson want the
trial removed from Jackson as far aa pos
sible. Judge Carnes has, however, signified his
Intention of holding the trial In Jackson,
but will appoint a special elisor to go to
another county and bring In a venire of
men from which to select a. Jury-
Total Death List of the Pittsburgh
i Horror -Will Be Abont ' v..
PITTSBURG, Jan. 10. Fifteen or more
men . were completely Incinerated In six
feet of molten metal In last night's ex
plosion at the Jones & Laughlln Steel com-
; puny's furnaces, according to an investl
j gatlon made today. Tons of the fiery sub
stance were showered over forty workmen.
Of these between fifteen and twenty can
not te found, twelve dead bodies have been
recovered and ten are In hospitals fright
fully wounded.
It Is believed that not a trace of the men
engulfed In the hot metal ever wl'l be found
Of the dead bodies recovered, several are
minus arms, legs and head, while others
are burned and twisted beyond recogni
tion. A number of the Injured have their
eyes burned out and others were so badly
Injured that amputation of arms and
leg were necessary.
Deputy Coroner Laldley says one youth
became erased from his Injuries and before
be could be prevented leaped Into a pot
of molten metal and was incinerated.
This afternoon a large force of workmen
who were searching for bodies of the miss
ing men found the leg of a man embedded
In a portion of the metal, which they were
breaking up.
W. L. Jones, vice president of the Jonea
ft Laughlin Steel company, limited. Issued
the following statement tonight:
"We have been unable to determine what
caused the explosion. A rigid investigation
has been instituted. The unfortunate affair
is a great mystery."
Coroner Armstrong announced today that
if he found carelessness was responsible
for the explosion, prosecutions would Im
mediately follow.
The company officials absolutely refused
to allow anyone to enter the plant today.
E. L. Messier, the superintendent, stated
that In his opinion the accident was caused
by th losenlng of one of the steel bands
1 about the bottom of the furnace. It fell.
said he, and that made the portion of th
hell weak. The great pressure of the
ateel charge and gaa against ths weak
point resulted In a plate giving away and
other plates were naturally affected.
There were 100 tons of steel In the furnace
at the time. The loss to the company, ac
cording to Superintendent Messier, will not
be less than $50,000 and may greatly ex
ceed thee figures as tha entire furnace
bottom la said to be ruined. The estimate
j of damage Includes the value of th stock
house, the pipe house,, laboratory and small
office building, which were destroyed by the
fire following the explosion.
Examlnntlon for Consular Positions
Bring Many Applications from
Yonna; College Mea.
WASHINGTON, Jan. 10. One result of
the adoption of the nsw rules for the ap
pointment of consuls after a technical ex
amination has been to bring forward a
number of applications from young college
men and to discourage men of practical
business experience from attempting to
enter the consular service.
While the material thus offered la pro
nounced to be excellent of ita kind it la
found that a lack of experience in worldly
affairs on ' the part of young applicants
tends materially to reduce their usefulness
In the beginning. Therefore, the Stat de
partment has proposed to congress to In
crease from thirteen to thirty, ths Dumber
of consular clerks. These offlte will be
given to some of the younger men and they
will be assigned to duty aa assistant to
consuls and consuls general at the mors
Important commercial towns in order that
they may acquire the necessary experience
and only after several years' apprentice
ship of this kind will they be thuusalrw
oirunted, with ronsuUUa,
Fiidi an Aaonmnlatioo of Mall on Desk oa
lit Saturn from Faiama,
Calls th Nehraska Delegation
Meet la Hla Room for nn Kflort
to Agree oa the Term
f the Mensnre.
(From a Staff Correspondent,)
WASHINGTON, Jan. 10. 8peclal Tele
gram.) Congressman Klnkald, Immediately
upon his return to Washington from his
trip to Panama, began a systematic effort
to clean up his accumulated mail and as
a result today made the following recom
mendations as to postmasters: Lee Van
Voorhls of Crawford, reappointment, be
cause of good record; Ira E. Tash at Alliance,-
reappointed for same reason. H.
K. Cosner waa recommended for appoint
ment as postmaster at Dust In, Holt county,
vice Cramer, resigned. The appointment
of Cosner at Dustln grows out of the dis
continuance' of the poptofflce at Grand
Rapids, where Cosner was postmaster. Dus
tln and Grand Rapids are country stores
within an exceedingly short distance of
each other, and the discontinuance of the
Grand Rapids office Is In the Interest of
everybody concerned. Including the Post
office department. Judge Klnkald also
recommended the appointment of Mamie
C. O'Nell for postmaster at Anncar. Holt
county. Grant Brody was recommended
for postmaster at Potter, Cheyenne county,
vice th present Incumbent.
Avery Postofflce Matter Walt.
Congressman Kennedy was at the de
partment yesterday and today to bring
about the re-establishment of the postofflce
at Avery, but by reason of Mr. Hitch
cock's attendance upon the postofflce and
post roads committee of the house was
unable to have an interview with the first
assistant postmaster general. Mr, Hitch
cock's subordinates. In the absence of their
chief, did not care to take the responsi
bility of ordering the office re-established,
although Mr. Kennedy stands ready to
make a recommendation for postmaster.
It is thought there will be no difficulty
about the re-establishment of the office,
which Is greatly desired by patrons, when
th first assistant postmaster general and
Mr. Kennedy get together.
Bnrkett Fashing Judicial Bill.
Senator Burkett, who Is bent upon push
ing his bill creating two Judicial districts
in Nebraska through congress at this ses
sion, has asked the entire Nebraska dele
gation to meet him In his rooms In the
capltol next Saturday morning to talk over
the bill and see If some agreement cannot
be reached which will be satisfactory to
tha delegation. It is understood that Sena
tor Burkett does not care how many di
visions are created within the two Judicial
districts. All he wants Is the creation of
the South Platte district and the naming
of a Judge, marshal. United States attor
ney and clerk of court.
Volunteers Want Travel Pny.
Senator Burkett today received a peti
tion from OrvlUe R. Perry of Lincoln, for
mer lieutenant of the Forty-fourth United
States volunteers, who saw.aervlce in the
Philippines, urging that he exert his in
fluence to secure the passage of bills 1 in
troduced In the senate and house to give
certain volunteer travel pay at 80 cents
per mile.
Proposed Change In Reserve.
Representative Martin today introduced
a bill providing that the following de
scribed townships in the Black Hills forest
reserve, in Pennington county. South
Dakota, be exempted from the operations
of the provisions of section four of th act
to provide for ths entry of agricultural
lands within the forest reserves: Town
ships 1 north, 1 east, 2 north, 1 east, 1
north. 2 east. 8 north, 2 east, 1 soutn, l
east, 8 south. 1 east, 1 south, 2 east, 2 south,
and 2 east. Black Hills meridian.
Minor Matters nt Capital.
Captain Leon S. Roudles, quartermaster,
will proceed from Fort Robinson to Fort
D. A. Russell, lor the purpose of making
. examination of construction work under
way at ths latter post, and upon th com
pletion of this duty wiU return to his proper
Contract Surgeon Samuel B. McPheeters
Is relieved . from duty at Fort Robinson
and will proceed to Fort Leavenworth for
duty. ,
Rural carriers appointed: Nebraska, New
castle, route 8, Alfred Nelson, carrier; Al
bert Bailey, substitute. South Dakota,
Desmet, route 8, William B. Mattes, carrier;
William R. Ruahell, subsUtute.
A postofflce haa been established at Mlt
ton, Lyman county, Bouth Dakota, with
Elmer A. Mltton, postmaster.
Shaw to Be Onest of Mlasonrlaas.
A committee representing the Missouri
society of the city of New York, consist
ing of Walter Alexander, William J. Woll
man and Burton Thompson, called on Sec
retary Shaw today and secured his ac
ceptance of the Invitation to be th guest
of honor at a dinner to be given by the
society at the Waldorf-Astoria on January
8L It is expected that a notable company
will be present.
Caanoa fop Sonth Dakota.
Th senate today agreed to a resolution
directing the secretary of war to deliver
to the state of South Dakota two three
Inch wrought-lron muxxle-loadlng cannon.
Representative Do Armoad Haa Novel
Plan of Spreading Light.
WASHINGTON. Jan. .-Representative
D Armond of Missouri Introduced a bill
today that all good manufactured In th
United State on which there would be a
duty if made abroad and imported into this
country shall be stamped at the factory
with the amount of duty they would pay
if not of domestic origin.
In explanation of his bill Mr. De Armond
said ha believed the publlo ahould be edu
cated in tariff dutiea so that It may know
exactly how much it is paying in direct
Coart-Martlal for Knowles.
WASHINGTON. Jan. 10. Secretary Taft
has telegraphed Brigadier General McCae
key, commanding the Department of
Texas, to try at one by court-martial Cor
poral Knowlea. Company A, Twenty-fifth
infantry (colored), now under arrest at
El Reno on a charge of having murder
ously assaulted Captain Macklia of that
regiment. This action waa taken upon rep
resentations by General McCaskey that,
owing to a defect la the territorial law,
no provision Is made for the crime of at
tempted murdor and that the only way
of trying Knewle is by court-martial.
Froaldent Sign Crow Settler Bill.
WASHINGTON, Jan. W. The president
today approve) the hill for the extension of
the time wltnin which bomestaad men
may OHtablish their residence on certain
lands heretofore a part of the Craw la
diaa reeervaUua, alfnlf nat
Kearro Oete Payroll of Help, hut Is
Later Captnred by Police
Armed with two loaded revolver and his
courage boletered by much drink, John
Plttman, a negro, held up Eugene Atkins
In the kitchen of the Her Grand hotel aa
the latter waa paying off the. help, grab
bing the bag filled with envelopes con
taining money estimated at from 8000 to
tflOO. He then took the lead in a spectacu
lar chase through the crowded streets,
firing aa he ran at his pursuer, and was
later captured by Patrolman Charles H.
Van Deuscn in an alley at Sixteenth and
Leavenworth streets. Two times the negro
attempted to snuff out the life of the po
liceman, shooting once before Van Deusen
got hold of htm and again after the officer
had fallen on him, but the bullet went
wild In the first instance and the second
time passed under Van Deusen's arm.
The robbery occurred about 6:30 o'clock
Thursday afternoon. Pittman had been
employed about the Her Grand hotel for
two months as yard man and waa well
acquainted with tl.o custcms cf ths place.
He knew the pay clerk would have con
siderable money with him Thursday, the
regular monthly payday, and after spend
ing most of the afternoon drinking he l.iy
in wait for Atkins in the kitchen of the
hotel. When Atkins appeared with the
bag of money, Plttman drew a revolver
and presented It at Atkins, at the same
time possessing himself of the money. He
then ran out of the kitchen, up the stair
way Into the main rotunda of the hotel and
out of the front door on Sixteenth street.
On reaching the sidewalk he fired cm
shot through his pocket, not taking time
to remove the gun, but no one was struck.
Plant nnd Buildings of Standard
Company Damaged, bat No
Lives Lost.
plant and buildings of the Standard Powder
company at Horrell were destroyed by an
explosion today. No lives were lost. The
explosion was caused by a Are which
started in one of the buildings. The dam
age done to the wrecked plant will exceed
Two houses a mile distant were wrecked
by the explosion, which was heard a dis
tance of twenty-five miles.
After a fight of several hours the Are
was controlled. Ten buildings were de
stroyed at the powder plant and about
thlrty-flve farm houses In the Frankstown
valley were damaged. Five thousand kegs
of powder went up in the explosion.
SAN FRANCISCO, Jan. 10.-iEd Smith,
manager of the wash house in the nitro
glycerine plant at the X'lg. ril Powd r
works at Point Isabel, near Berkeley, was
killed by an explosion thia morning of
8,000 pounds of nitroglycerine. It Is pre
sumed that the explosive became overheated.-
No one else waa hurt. A number
of Italians became panic stricken when thd
explosion occurred and rushed Into the
bay, where they were nearly drowned.
Consjo Affair Come Up and Atten
tion of Ruler Will Be
PHILADELPHIA; Jan. la The confer
ence of foreign mission boards which be
gan yesterday, ended today. A committee
on conference and council was appointed,
to which all missionary matters about
which there may be any contention will be
referred to for counsel and advice.
A report of the Congo committee, which
was unanimously adopted, dlrecta that the
condition of affairs In the Congo be called
to the attention of the' president of the
United States, senate and house of repre
sentatives and to King Edward VII.
Prof. Noss of the Lancaster Theological
seminary said: "If President Roosevelt at
the expiration of his term could be Induced
to make a tour of the far east he would
be worth a whole army of missionaries.
The effect of such a trip In opening the
way for the teachings of the gospel would
be tremendous and the act would be a
crowning glory of even such a life and
such an administration aa that of our
Principal of Schools Kills Woman
Teacher and Commits
HIIGBT, Idaho, Jan. 10. Miss Irene Mil
ler, a teacher in the public schools at
Lewlsvllle,' near here, waa shot and killed
last night by Prof. I. F. Couch, prin
cipal of th schools, who then committed
suicide. The underlying cause of the
tragedy was a broken marriage engage
ment. Miss Miller waa a member of one
of the old Mormon families of Utah, her
father being M. M. Miller of Salt Lake
City. Prof. Couch recently came to Idaho
from Westvllle, Mo.
Iowa Man Paya Hnndred and
Fifty Dollars for Prise
AMES, la.. Jan. 10. (Special Tele
gram.) Dan Pascal of DeWltt, la, paid
the highest price ever paid for an ear of
com today. It cost him 1150. This would
be $8,850 per bushel. The ear won the
sweepstakes prize at the shpw hold by
the Iowa Corn Growers' association. This
show was held at the Iowa State college
in connection with the short course
Thirty dollars waa paid for tha best ten
ears, shown by Ediapn Bennett of Ames.
Grand Rapid Coagressmnn Nomi
nated (or Senator hr Republican
Caaen la Michigan.
LANSING. Mich., Jan. 10. Congressman
William Alden Smith of Grand Rapids was
Sonlght nominated to succeed United
Itstes Senator Russell A. Alger. As there
ax only a half dozen democrats in the
shit legislature, tonight's nomination by
Use republican caucus is equivalent to an
Rosea Confer with Knot.
WASHINGTON, Jan. 10.-Baron Roatn,
Russian ambassador, had a conference with
Sectetary Root. He would not say whether
ha had talked with the secretary regarding
fining a date for holding a second peace
conference at Th Hague. Asked If mat
ters were moving in the direction of nam
ing a date for th inference be replied It
wis km possible tor him to express aa
eUokxi oa thia nelua.
Railroada Buiy at Their Old Game oi
BefocciDt; tha Jltal lime.
Local Taxation of Terminal! Doea Hot
Affaot Other Fortioni ef State.
HcHnllen Loses Hii Ficht Atalait State
wide Frimary B11L
Honse Informed It Mart Pnss on
Appropriation Before It Con
Seeare) Stamps Under It
(From a Staff Correspondent)
LINCOLN, Jan. 10. (Special.) It Is de
veloping the big fight of this legislature
will be to pass the Clarke bill, providing
for the assessment and taxation of rail
road terminals for municipal purposes, tha
same as other property is taxed. The cam
paign of deception practiced by the rail
roads Is bearing fruit and there are many
members who actually believe to tax rail
road terminals locally will be to take from
the school fund of the various school dis
tricts of the state. This Idea is still being
spread among the members of the rural
districts and there la a strong disposition,
among certain of the members to sidestep
this pert of the republican state platform.
Henry T. Clarke, Jr.. of Omaha, who In
troduced this bill In the house, today gave
out the following clear cut statement re
garding his measure and the efforts of the
railroada to deceive the members of th
"H. R. No. 13, introduced by me, la a bill
providing for the municipal taxation of
railroad terminals, and fulfills In every
particular the pledges of the platform. It
haa been carefully drawn and from a con
stitutional and legal standpoint has been
approved both as to contents and aa to
form by two of the most prominent mem
bers of the Nebraska bar.
"I find that the claim of the railroads
that the Omaha terminals are now aa
sessed as a part of and spread or dis
tributed through the entire Burlington,
Northwestern and Union Paciflo systems
for the purpose of taxation, and that the
proposed legislation Is a scheme devised
by Omaha to take away taxes from th
rest of ths state and use them for Ita
own benefit. Is being Industriously and
Insidiously circulated. Nothing could b
more fali than the claims of th rail
roads thus aet forth.
Takes Kothlnar from Coantry. ,
"The enactment of this law will not tak
one dollar from the revenues now derived
from the taxr of rullibad property In
any county, .ishlp or school district
In the state, nny statement to th con
trary la false and maliciously Intended by
the railroads to mislead and misinform tha
people of the rural districts and their
representatives In the legislature.
"In fnt an ex-member of the railroad
lobby of four years ago recently admitted
that they had circulated the above argu
ments broadcast, knowing them to be fa'.se.
The proposed plan of taxing railroad ter
minals for local purposes does not In the
least make any change In the present
scheme of assessment and taxation of rail
roada for state, county, school district and
township purposes. The State Board of
Equalization will continue aa It haa dona
In the past to value all the property of
the railroad corporations in the state; fix
a levy and' distribute the receipts for state,
county, township and school district pur
poses. "The new feature of this law la that the
cities, towns and villages through which
the railroads run and In which they have
property are empowered to assess th prop
erty within their corporate limits and tax
It for municipal purposes only,
"This would In no way effect the work of
the state board and would not take 1 cent
from the state, any county, township or
school district.
"The Omaha terminals for taxing pur
poses are not dlstrlbu'ed throughout tha
Burlington, Union Pacific and Northwestern
system aa the railroad lobbyists would
have the county and state representatives
"Proof of this statement Is verified by an
examination of the 1906 report tt the state
auditor's department from page V2 to t7.
Inclusive, which shows tha Burlington sys
tem la mad up or nrteen or more different
corporations and are assessed as taxed.
1 separately. That the Union Pacific eyatem
is made up of three systems and all aa-.
sessed and taxed separately and the same)
assertion applies o the Northwestern asftn
Example of Assessment,
"To show the different assessments of
the corporations making up the Burling
ton system within the state, I cite ths
Omaha A Southwestern, which Is assessed
at $1,035 per mtle; the Omaha North
Piatt at ft, BOO per mile; the Burlington
It Missouri River, which does not touch
Omaha or Douglas county, at 115.470 a
mile and the Grand Island A Wyoming
Central at ft.600 a mile, and the Oxford
A Kansas at 14,000 per mile The follow
ing Is an example of the difference in the
assessment of the different parts of the
Union Pacific system: Union Pacific main
line, 118.100; Omaha & Republican Valley
branch. 18,600 per mile, and Kearney
branch at 14,500 per mile.
"In pther words, neither the people In
Omaha nor along the Billings line of th
Burlington system west of Grand Island
get any benefit of the taxation it assess
ment of the Burlington A Missouri River
road, which Is the highest taxed part of
the Burlington system. The people In
Lincoln and along the Omaha A. Repub
lican Valley and the Kearney branch of
th Union Pacific system get no benefit of
taxes from the taxation of the Union Pa
cific main Una, the highest taxed part of
the system.
"In other towns and cities Ilk Omaha,
Lincoln, Grand Island. North Platte, Co
lumbus. Plattsmouth, Nebraska City, Has
tings, McCook. Beatrice, Wymore, Fre
mont and many other cities and towns in
the stat th railroads have shops and
terminals worth millions of dollars. These
properties ar given police and fir pro
tection and all th benefits that accrue to
other property within th municipality,
yet taxes which they pay for these bene
fits ar infinitesimal when compared with
the burden borne by the local property
owners for the same benefits.
"No one will deny that the most valuable
part oX tha railroads U located, wiuda lit