The Omahai. Daily Bee
VOL. XXXVI-NO. 187.
OMA1IA, TUESDAY MORNING, JANUARY 22, 1907-TEN PAGES.
SINGLE COrY THREE CENTS.
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1
REGRET IN ENGLAND
British Frets and Offioialt Condemn knit
U Betr'Arbniral DaTis,
GOVERNOR SWETTENHAM REMAINS SILENT
Ef qntBt of Colonial Offioi for Explanation
' Enaini TJnaniwered.
HALDANE TAKES AN UNUSUAL COURSE
Cablegram to 8oretary Boot Implies Cen
tura of Oorcmor of Jamaita.
ADMtRAL DAVIS AT GUANTANAMO
His Report of Incident la rirmird4
Washington by Mall Klnars
on Cltisen Indignant nt
Oortrr,
limmnv x. i ..ni.
- la
till without explanation from ,j.
ander 8 wet ten ham, governor of.
of the situation which led to th -
x-
drawal of Rear Admiral Davis' w. '
from Kingston on Saturday. The sli .
although irritating to the government,
construed as a good sign that this mue
regretted affair Is capable of amicable ad
justment and will not lead to any disturb
ance of the friendly relations between the
United States and Great Britain.
It Is supposed that If Oovernor Swetten
ham had any reasonable Justification for
Ms extraordinary letter to Rear Admiral
Dnvls he would not delay In placing his
eovernment In possession of the facts;
therefore his silence regarded as a con
fession of the weakness of his case, or an
evidence of compunction at having adopted
an inadvisable course. In this light the
' governor's telegram asking the British gov
ernment to convey to the government of
the United States the thanks of the nation
for American assistance rendered by Rear
Admiral Davis assumes considerable Im
portance. Foreign Secretary Sir EM ward
Grey, In forwarding this message to Wash
ington with the thanks of the Imperial gov
ernment, well expresses the feeling of the
government and the nation on this subject.
Haldaae's Csaissl Cosrie.
War Secretary Haldane, on behalf of the
War offloe, has taken a quite unusual
course and one Indicative of the exceptional
importance of the occasion, by addressing
a dispatch to Secretary Root which Indi
rectly Implies censure of the governor of
Jamaica. It will thus be seen that prao
tlcally all the ministers are adopting a
highly appreciative attitude toward the
United States, and It cannot be doubted
that the Incident will be settled, probably
by the recall of Oovernor Swettenham, or
at least disavowal of his action and apology
to Rear Admiral Davis.
While the Foreign office naturally la re
luctant. In the absence of fuller Informa
tion, to pass Judgment, officials do not
hesitate m agreeing that under no circum
stance should anch a letter as Oovernor
gwettenham's to Rear Admiral Davis hav
teen written, ' and they declare that' even
the stress of recent events Is no excuse for
guoh language on the part of a government
official to an officer of the friendly nation
engaged In a work of humanity.
Davte Popnlar la England.
By a singular coincidence Admiral Davis
it an offloer to whom England heretofore
haa felt the deepest gratitude, as hla course
while the American member of the Inter
national arbitration court at Paris, upon
the sinking of the British fishing vessels In
the North sea by the Russian fleet prac
tically Shaped a decision favorable to Great
Britain. It Is known that Admiral Davis"
staunch support of the British contention
turned the aoale at the decisive moment.
One phase not generally known Is that
King Edward, on the conclusion of the
court, communicated an Invitation through
the British ambassador at Pari to Ad
miral DavU to coma to Buckingham palace.
where marked honors would have been
shown Um. But the desire to avoid any.
thing which might be canstrned as wound
ing Russia led Admiral Davla not to acoept
the king's invitation.
It was none the less expressive sY the
feeling of Great Britain toward Admiral
Davia, although thla feeling Is now mo
mentarily overlooked, probably through
failure to recognise the Admiral Davis at
Jamaica as the same Admiral Davis who
turned the scales for Great Britain before
the. hlatorla International court.
!f Friction fver Incident.
AU the morning newspapers again print
editorial articles on the Kingston incident,
which they regard as already virtually set
tled, or at any rate, they aay the tension
of the crisis has been relieved by the ad'
mlrably toned dispatches exchanged be
tween the two governments.
Expressions of the deepest gratitude for
. the help rendered by the American navy
continue to be used, and while full allow
ance Is marie for the exceptional clrcunv
stances ' ch ' may have accounted for
Goverm . . tt-nham'S ruffled feelings, the
newspai
strongly
wrong u
of the t
Admiral
what bit
The 8u
as follo
"Peril.
If we l
Are unanimous in censuring
one of his letter as absolutely
ncalled for and this In spite
at the papers recognise Rear
.. also may have been sotne
jrthy. reflecta the prevailing views
able would have been saved
.ltd forthwith that Admiral
Davi a trifle too energetic and Gov.
ernor Swettenham unduly tenacious of
prerogative." In short. It la held that
nothing could excuse "such an amaalng
Utter" except the charitable view that the
writer waa suffering from nervous break
down. wettenkam Jealena of Jones.
It Is learfted that the lacldent between
Governor Swettenham and Admiral Davis
la not the only one which has arisen at i "
Kingston, aa It now develops that the ao-l SHEA JURY IS DISCHARGED
' tlvltiaa of Sir Alfred Jonea in relieving the - -situation
at the Jamaican capital have I Panel Reports a Disagreement After
given the governor the Idea that Sir Alfred j Fifty-Five Honrs Dellb-
ouxht to take the whole matter In hand. I
E r Alircu I" v v. -y.'u-ipu uusiuwi
tn.n r Fnarland. head of the elder Demo-
ster steamship line, and leader of the I
British commercial party which has been ; spiracy trial of C. P. Bhea, president of
visiting Jamaica. the International Brotherhood of Team-
John Westlake, proteeaor of International ' stera, reported a disagreement this aftei
law at ths University of Cambridge, one ' noon. The Jury wa thereupon discharged.
' of th members of the United Kingdom of
the International court of arbitration at
The Hague and es-president of the Insti
tute of International Law, made the fol
lowing statement t the Associated Press:
"I sin unable to see any Justification for
tht action of Oovernor Swettenham. It
was rather Informal on tha part of Admiral
Davis if he did not ask for the governor's
permission before tending men. but the
landing of men. though they wer armed,
waa not even a technical breach of Inter
fCoatlnued en Second Pag-)
SUMMARY OF TUE DEE
Tnesday, Jannnry M, lOT. '
1907 January 1907
sua won rut wis th ri at
C 5 I 2 3 4 5
6 7 8 9 10 II 12
13 II 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 J
TBtB WlaTIIB.
FORECAST FOR NEBRASKA Partly
cloudy nd colder Tuesday, possibly anow.
Wednesday fair.
FOHK"AST FOR IOWA-Snow Tuesday
and colder In went portion. Wednesday fair.
. Temperature at Omaha:
Hour. Den. Hour. De.
( a. m.
a. m.
13
12
14
1 p. m
2 p. m
8 p. m
4 p. m
6 p. m
t p. m
7 p. m
8 p. ra
5 p. m
7 a. m.
Um.
Ii. m.
10 a. m.
U a. m.
U ra....
.. 15
.. 17
.. U
.. a
.. 28
WASXXHOTOsT.
Attorney General Thompson, Senatpr
elect Brown and representatives of the
railroads argue Nebraska tax case before
the supreme court. 'at 1
Senators agree to compromise resolution
Brownsville affair that will have eup-
-f of all nartlea. Tt nmvldM for an tn-
y .. n A .-, to
V authority of president. Fage
e passes the senate bill prohibiting
police! contributions by corporations.
rage
DOMXSTXO.
Jury In Shea case disagrees after fifty-
five hours' deliberation and Is discharged.
rage 1
roEiiaw.
British press and officials condemn Gov
ernor Swettenham of Jamaica for request
ing American warships to leave Kingston.
Requests of the Colonial office for his
version of Incident are unanswered.
rage 1
STEBXASZA.
Bill pending In legislature intended U
put the lobby out of business not likely
to accomplish purpose and will be
amended. rage 1
Norfolk Hospital for the Insane Is vis
ited by a delegation from the legislature.
Dr. G. A. Toung, superintendent, pre
sents detailed statement showing J87.500
Is needed for new buildings. Faffs 3
X.OCA1V.
Hon. John L. Webster returns from a
trip to Cuba and gives It as his opinion
the only solution of the problem of gov
ernment there Is for ' United States to
stay In Island. Page S
After holding It for twenty years, Bur
lington Is forced to divide the fast mall
contract with the Rock Island. Page 3
Will of late James B. Kitchen filed.
Leaves Paxton hotel property to his
nephew, Ralph Kitchen. Other relatives
remembered. Fag 10
Judge Troup discusses scavenger tax
question and strictures of County Treas
urer Fink. Fag
Cart Reynolds Identified as man who
held up Wolf saloon and also as man
who" robbed Gears Bark jr of Mr "clothes.
Fag 6
. 8FOBT.
Wesleyan university dlsousses a change
from yellow and brown to green and
white. A new yell, an Imitation of the
coyote's cry, is adopted, and the .team will
be known hereafter aa the Coyotes.
Fage
OOUsTOrX. BX.T7TTS AJTS IOWA.
Lights go out on the Council Bluffs
city council In the middle of reading of
report of engineer on water works.
Fare t
Senator Dolllver unanimously renomi
nated by the republican caucus. Fage 1
HARRIMAN AND GOULD AGREE
Welters Paclfle to Bay RIrht-of-Way
Through. Kevada from
Rival.
BAN FRANCISCO. Jan. tL It Is offi
cially stated from the land office of the
Central Paclflo company that the Southern
Pacific and the Western Pacific have
reached an agreement whereby the Harrl
man road la to sell a right-of-way cover
ing 280 miles through Nevada to the Gould
Interests. If ths representative of the rival
systems fail to reach an adjustment of
terms It ha been stipulated that an arbt
trator shall be brought In to decide upon
details.
The sale of the right-of-way Involves 280
miles reaching virtually across the entire
state of Nevada and Is for ths most part
on land granted the Central Pacflo by the
United States government aa a bonus for
the building of a transcontinental road. In
some places the right-of-way of the western
Pacific Is to parallel the Southern Pacific,
but the transfer will not materially affect
the plans bf the Gould line regarding Its
entrance Into California via the Beckwlth
pass.
BOYS SET FIRET0 POWDER
Explosion in Hew Barracks at Fort
D. A. Rassell Damages Bnlld
lag 918.0OO.
CHETENNB. Wyo.. Jan. H. Three boya
playing war In the basement of the new
Infantry barracks at Fcrt D. A. Russell,
near this city. Sunday set Are to a quan
tity of powder and an explosion occurred
which damaged the barracks to the extent
of about Jl&.OuO and seriously injured the
boys. One of the boys, a son of the fort
plumber, named McDonald, is expected to
die. The others are a son of Captain Alex
ander of the Eleventh Infantry, now In
Cuba, and a son of Sergeant Gray, Elev
enth Infantry.
CHICAGO. Jan. 21. The Jury lr the con-
The Jury was out for fifty-five hour.
Seven voted for scqulttal and five for con
Tlcflon. Ths state attorney's office announces that
the case against Shea and his associate,
will be vigorously pushed and that prepa
rations fur a new trial will begin at once.
EpUewlc Conditions lanrtit
CHICAGO. Jan. 21 The scarlet fever
epidemic showed slight signs of abatement
today, there being only tiighty-two raa
reported, whereas the svtrnt haa ben
over lm fur aeveral days past, iteporta
from the suburb, ths officials of tl
health department aay, axe also reaasuriug.
PEOPLE FLEE FROM FLOODS
Bix Hundred Fenont Hare Left Shawn
town, HI, Ttarinc Ciiaitex
LEVEE HOLDS, BUT DANGER POINT IS NEAR
Residents streagtheav the Defeases
Acalnat River aed Bank May
Hold latll the Water
Rises Five Feet.
SHAWNEETOWN. 111., Jan. 81. The
Ohio river continues to rise slowly, the
rapidity of the rise the past few days hav
ing been somewhat checked by the cold,
clear weather. The levee Is still Intact, but
people continue to move to the hills. Owing
to the prompt supply of necessities, there
Is very little suffering among the refugees.
Business Is at a standstill.
ST. LOUIS, Jan. 2L A speclM to the
Post-Dlspstch from Shawneetown says: A
statement of conditions prevailing In Shaw,
neetown, which is threatened with destruc
tion by floods, was made by Mayor C.
Krats this morning. ' He stated that 600
persons have fled from the town. Including
the members of his own family, who have
gone to Evansvllle, Ind. Forty families,
he said, are living In tents. All residents
whose homes are still tenable are occu
pying, the second stories and business la at
a standstill.
"At 9 o'clock this morning the stage of the
river reached forty-eight feet." said Mayor
Krats. "I believe the levee which pro
tects the city from the Ohio river will
hold until the stage reaches fifty-three
feet If that figure Is recorded we cannot
tell what will happen to Shawneetown.
"It la Impossible to say now Just when
the crisis will be reached. It haa not
rained here since Saturday, but the river
Is steadily rising. We are making every
effort to fortify the levee and, after ex
amining It this morning, I am confident
that it will hold until the river reaches
fifty-three feet.
Crest Passes Cincinnati.
CINCINNATI, Jan. 21. The high water
is receding, having reached a sixty-five-foot
stage tonight. It is thought that all dan
ger will pass with this week. The cold
weather, which largely assisted In stopping
the high water, caused much suffering
among the thousands of homeless people.
No estimate of the property damage is
possible, but it will be Immense.
The Ohio river at this point haa stood
at 65.1 feet for several hours and it is
believed the end of the flood is in sight and
and that possibly the river will go no
higher. It will recede slowly, however.
the Immense body of water below holding
back: the flood, and the oold weather
which has helped to stop the flood
will occasion greater suffering by those
whose homes are in the flooded sec
tions and who are temporarily housed la
school and vacant Ira tidings and are be
ing fed by neighbor and charitable or
ganisations. The water crept up today to more than
fifteen feet above the danger line and ia
still rlalng slowly. Several fatalities were
reported today, but It la possible some of
them believed to ba drowned may have
been picked up down tb river.
- Apparently -the crest -of 'the flood - was
reached at this point at noon, when, the river
began to fall, the stage being given as 1x1
feet, a drop of one-tenth of a foot from the
previous hour. Forecaster Basiier said the
river would probably remain stationary
for the rest of the day and then fail slowly,
but that it would not go below the danger
line until Thursday or Friday.
Rlalag at Lonlsvllle.
LOUISVILLE. Ky.. Jan. a. The river
continues to rise and this morning regis
tered 40.1 twelve feet above the danger
line.
Weather officials expect a further rise
of over a foot and this will probably put
the Seventh street railroad station out of
commission
The cold weather has added to the misery
Of the homeless, who are existing In ware
houses, school houses and other buildings.
Knt Floods Receding.
KANSAS CITY, Mo., Jan. a.-Reporta
from the flooded districts of the southwest
tonight. Indicate that most of the swollen
rivers and streams are receding, that the
weather is clear and cold and unless an
other rainstorm follows soon the danger
of serious flood damage Is remote.
Mississippi Rlslaar at St. Loots.
ST. LOUIS, Mo., Jan. SL The Mississippi
river is rising steadily and tonight the
stage registered twenty-six feet, which Is
within four feet 'of the danger line. The
low lands above and below East St. Louis,
111., were flooded. Even should the danger
line be reached " and passed, very little
damage can result In St. Louis owing to
the high location of the city.
GOULD DEMURRER OVERRULED
Fnel Compantea Most Defend Title to
Coal Lands la I'tah Federal
Conrt.
SALT LAKE CITY. Utah, Jan. B. The
Utah Fuel company and the Pleasant Val
ley Coal company, Gould corporations,
against which the federal government re
cently instituted suits to annul the title to
certain cool lands In Utah and to force
an accounting for oonl already mined from
these lands, must defend these suits In
the federal court for the district of Utah,
according to a decision rendered today by
Federal Judge John A. Marshall.
The two coal companies and the Morton
Trust company of New York, which Is a
large holder of their bonds as trustees,
I entered demurrers, maintaining, first, tliat
I the Utah court haa no Jurisdiction over the
cool companies, which are New Jersey and
New York corporations, and also demurring
as to the equity of the government's case.
; All these demurrers were overruled In to
' day's decision by Judge Marshall.
Judge Marshall In his decision holds that
the enabling act under which the state of
Utah was created did not grant to the
state any right to dispose of mineral lands.
If this theory should be upheld It would
mean a general overturning of titles to
mineral lands In Utah.
Carnation Usfit'i Reeet.
NEW YORK. Jan. 21. The Carnation
Leugue of America haa sent out a special
appeal to all patriotic men and women to
observe the birthday of William McKtnley
this year by wearing a carnation, the favor,
lte flower of tne murdered president. Car
nation day comes on January 29, when Mo.
Kinley would have been tt years old. This
will be the fifth year It has bees specially
observed. The league was established In
and has among Its trustees President
Roosevelt and some of the cabinet officers
and United btatea senator
Soatkern Pari. to Sell Law.
SAN FRANCISCO. Jan 21.-A11 lands of
ths Southern Pacific company Int-'uded In
the government grant to the Ceniral Pa
cafic railroad In this state, Nevada and
Utah, with the exception of the timber
property will t placed on sale not later
than July 1 of this year. The railroad com
pany's holdings in these nates amount ap
proximately to reariy suO.'0 acres. While
small place of the government grants wtr
sld from time to time through the land
otflre. thla WlU h U nxst general dls-
THAW'S CASE IS DELAYED
Aliened Merderer Will Be Arraigned
Today and Trial ' Will
Coma Later
NEW YORK. Jan. n.-Harry K. Thaw
will go through the formality of an arraign
ment before Justice Flttgerald In the
criminal branrh of the supreme court today
fir the murder of Stanford White on June
25, 130S, at a theatrical perfmrnance on tha
Madison Square roof garden. The delay
In finishing the Hilgert "magic boots" case
Is the cause of this temporary postpone
ment of ThaW's trial. The proceedings to
day will be merely to permit an ad
journment until Tuesday or Wednesday,
when the Hilgert case Is expected to be
finished. The 200 talesmen of the special
pannl. which haa been summoned for the
case, will be excused until the resumption
of the trial. .
Yesterday, on the eve of his trial, the
prisoner spent the day In his cell readlne?
the Sunday paper. ,. He seemed to be In
a comfortable frame! of mind. No visitors
are permitted at tjie tombs on Sunday
and the representative of the Thaw
family In New Ter kept croee to their
apartments In the Isrraine. In the course
of the afternoon the telephone In Mrs.
William Thaw's apartment was continually
buny. It was said that Clifford W. Hart-
ridge, chief counsel for Thaw had a long
conference with the family.
The alleged slayer f Stanford White was
held In the prisoner' room In the criminal
court building while th roll of the W
talesmen summoned In the special Jury
panel was being called.
The trial was set for today, but a case
begun ten days ago had not been concluded
and this necessitated the delay.
All persons other than the talesmen were
excluded from the court room. Even the
newspaper men were held outside.
The large crowd gathered to catch m.
glimpse of Thaw was disappointed. During
hla Journey from the prison cell to the
"pen" In the court house Thaw was not
once exposed to public gate.
District Attorney Jerome, who Is to per
sonally conduct the prosecution, appeared
before Justice Fltagerald, who Is to try
the case, and explained that counsel In the
pending case, that of Mathew Hllbert, the
maker of "magic boots," believed they
could conclude the trial by Wednesday. He
therefor asked that the special panel
called for the Thaw case be excused until
Wednesday morning. The court ordered
that this be done. .
Thaw consulted with his counsel several
times during the proceedings and during
one of these consultations he was allowed
to enter the JurM room, from which he
caught his first g mpse of the court room
In which he Is to e tried for his life.
Today's announ ement of the postpone
ment was antlclpr ed, and this disappoint
ment the prisoner felt over the delay was
not great. He hs been assured that his
"day In court," which he had awaited so
Impatiently, wlU begin Wednesday without
fan.
Thaw himself appeared happy and con
fident and wnlked with a springy step,
H, had arisen bright and early, apparently
anxiou. for hi. trip across the bridge from
the Tombs prison to the court room. His
WUVj jm,, VOU efc ll
him. She did not go to the court building.
It was. reported that Howard Nesblt,
brother' of Mrs. 4'4rry K. Thaw. haa ar
rived In this etty and will visit District
Attorney Jerome's office and offer to testify
as a witness for the prosecution and in
defense of the reputation of Stanford
White, who was his benefactor.
MISSOURI OIL CASE CLOSES
Evidene U AU In and Argasaents
Will Begin In St. Loots Feb
rnary 19.
ST. LOUIS, Jan. 21. When the special
commission convened the hearing for tak
ing testimony in the suit of the state of
Mlrsourl to oust the Standard, Republic
.t wter-Pierce OH companies H. S.
! Trit enounced that the defense had con-
! eluded. . The state had only a few witnesses
for rebuttal and Attorney General Hadley
said that he would finish today.
. i. v... .h.
I ne UlSl Wllllt:a lu uuutcu vjj mo
were A. L. Stocke, president of tho St.
Louis Oil company, and A. H. Gardner,
manager of the National OH company of
Kansas City, who testified regarding price
0f 0u
Special Commissioner Anthony, who haa
heard the depositions, has selected Febru.
ary 19 as the date for the arguments In
St. Louis. The suit to oust the oil com
pantea began on March 29, 1905, nearly two
years ago.
Attorney General Hadley. will represent
the state In the argument and John D.
Johnson, Judge Henry Priest of 8t. Louis,
A D. Eddy of Chicago and Frank Hager
man of Kansas City the defendants.
Attorney General Hadley said today that
he was sure he had made a case against !
each of the defendants and looked for an j
order of the aupreme court which would
put the defendants out of business In Mis-
aourt. The chargee In the petition are
that the defendants formed a combination
! in restraint of trade and violated the anfl-
i trUBt law.
The evidence In the case Is voluminous,
covering about 6.000 typewritten pages, and
s Bepaneu .11 so u,u...
STOCK SHOW OPENS AT DENVER
Seeond Emhlblt of Western Society I
Connection wltk Live
Stork Association.
DENVER, Jan. 21. In connection with
the convention of the American National t
TJv Clock iuiaorlation the Weatom Bimb
"how TnLZZ U holding Z TtconS V-
' nual exhibition at the Denver .took yards.
lOf this show Colonel W. E. Skinner, who
conceived and carried to success the recent
international live stock exhibition at Chi-
: cago, said:
I i - . . I k.... . . . - ...
xvnuiiYEiy um-iv iiim noirr nrwi a hiiqw
in the United States to equal this one In
: Industry of live stock, which portends
vnr.H fl'l ...lllil fn arlpillt1,PA In thl.
,,
eCllon-
WORK SLOW AT NAVY YARDS
Elgbt-Honr Law Mast Be Enforced.
Although Skips Are Sot
Bendy.
WASHINGTON, Jan. 21. In consequence
of protests received t the Navy depart
ment from organised laoor the secretary
has telegraphed the commandant of the
Boston, New York and Norfolk navy yards
to suspend an extra sort on warships In
coura of construction or being gotten In
shape to Join the Atlantic fleet at Guan
tanamo. The charge was made that In each of
these yards the men were working more
than eight and in soms Instances twelve
hours a day, as well as nights, Sundays
and holidays. In violation of the eight-hour
law. contrary to the order of the prosit jk
TAX CASE IN SUPREME COURT
Eailrotdi Object to Pay in e Taxet on Etcok
Owned in Other Compinici.
STATE DEFENDS ASSESSMENT AS JUST
Attorney General Thompaon and
Senator-Elect Brown Appear for
State, C. J. Greene for
Railroads.
(From a Staff Correspondent.)
WASHINGTON. Jan. 21.-(Ppeclal Tele
gram.) Upon motion of Senator-elect Nor
ris Brown, William T. Thompson, attorney
general for Nebraska, was this morning
admitted to practice before the supieme
court, this being the initial step prior to
hearing arguments In the Nebraska rail
road tax cases. Charles J. Oreene. repre
senting the Burlington: John M. Baldwin,
representing the Union Pacific, and Max
well Evarta of New York, assistant gen
eral counsel of the Harriman Hans, were
present aa counsel for the railroads.
Through mutual agreement betweeri coun
sel, Mr. Greene opened and had asl hour's
timo allotted to him. half of which he con
sumed prior to the luncheon reces of court.
Upon his conclusion Attorney General
Thompson presented an argument and was
followed by Senator-elect Brown, who did
not conclude at the usual hour at which
court adjourns. After finishing his argu
ment tomorrow Mr. Brown will be followed
by Messrs John M. Baldwin and Maxwell
Evarta for the railroads. M. J. Stanley
of Aurora, Neb., will also be given about
twenty minutes to close for the state.
Mr. Greene devoted his time to reviewing
the brief prepared by the railroad com
panies, starting with the statement that
in 1904 the state of Nebraska passed a rev
enue law. through the operations of which
the tax assessments on railroad properties
were Increased 80 per cent and on all
other property throughout the state 60 per
cent
Objects to Tailnsr Reenrltles.
The case the railroads have made out,
as Mr. Greene said, rests wholly upon state
ments made by the Board of Equalisation
and Assessments. He quoted at length
from the records of the proceedings In
the lower court In which it gives testimony
of the board describing their methods of
reaching a basis upon which to make an
assessment. It Is contended that the board
applied the stocks and bonds system, but
failed to deduct from the values of the
stock and bonds of the Union Pacific the
securities owned by It In other companies.
falling to appreciate that the value of the
etock. and bonds of the I nlon Pacific waa Um gcnatfr Jonatnan P- quiver was nom
tergely enhanced by hundred, of million )nnted fQr VnH 8utM enat()r at
of dollars of stocks and bonds It owned publlca caucu ton t wa.
In the Northern Securities company. South- j , euIogll!tlo term, Representative
em Pacific and other corporations and that , Homt of Kossuth. who nominated him.
a fair estimate of the tangible snd lntangl- . . r.jrfv , , r,,. ,
ble property In the state of Nebraska could
not be obtained 1 by Including property, the ,
ownershlp of which had nothing to do with
j line, of railroad owned by the Union
or th. buslnes conducted thereon
; ' ., .
In the domicile of the company, which Is i
Utah. In other words, the board In using
deduct the value of the aecurltle owned by
th Union Pacific from the value, ct Its
own .lock, and bonds before dividing by
the entire mileage of the ayatem. That I.
to aay, oy a proper application oi ino siuca
and bond method the valuation of the road
would have been H6.772 per mile, but In
stead of this the hoard by falling to make
a deduction for th securities of other
companies held by the Union Pacific made
the valuation tft.092 per mile, which it
arbitrarily reduced to $55,000. or about 810,
more per mile than the correct valuation.
Basis of State's Contention.
Attorney General Thompson followed and
In a conversational tone explained the pur-
I poses and Intent of the Nebraska state
law. which clothed the state board with
authority to assess railroad and other prop-
eriy. The railroads were compelled to fur-
nlsh a statement of the number of miles
of trackage In the state, the number of
tiullrllnn utilized as deriots. wsrehouses.
-
! etc., a statement of the value of stocks
and bonds, net and gross, earnings, all this
, to be taken as a basis upon which the
board was. to arrive at the valuer of the
j railroad property in Nebraska. The con-
! tentlon of-the state. Mr. Tnompson said.
Is that the board had authority to act
and took evidence as to the tangible prop
erty of the railroads, whether they took
the stock and bon. method of arriving at
a basis upon which to make an assessment,
or fixing a rate per mile, no wrong was
done to the railroad companies. If the
action of the board Is Impeached, it must
not be on grounds of fraud, but because
of errors in the methods in arriving at the
value of property.'
Brown Denies t'hirte.
8enator-elect Brown spoke without notea.
ani he waa attorney general when these
j ul( wfre in,tituted, devoted the major
ppryo,, Df his address In giving a history
, ... ,h. ,,.,.. Mr. Brown denied verv
ernphaUcany a charge which has been made
i that th irftvprnnf Jsvnrl nthftr mmhrj rf
... . had entere, lnto . ctneTiracv
! t( increaae th taxation upon railroad
rrntr,i-. In order to oav off certain po
litical obligations. Mr. Brown severely
criticized the railroad companies for their
action In hauling the board into court, for
six weeks having, them under cross-examination,,
and then attempting to use their
testimony thus secured to bolster up their
contentions as to overtaxation and doubtful
methods V" arriving at assessments. It
had been the Intent of the board, he said,
. , . ... . , , . .
I arrive i inn uu.i vhiuh ui mo pnys-
" visible property owned by railroad.,
, Ha cUIed th entln of the court par-
ticularly to the attempt to browbeat the
! governor of Nebraska Into an admlsnlun
' precise method adopted by the board j
I to reach ths n
1 DiivllnvtAn
I attained. He scored
tMe In Its return to the
v..
'board It neglects, to give the value of Its
it did not know the value of its stock.
, Mfc. a mrnwl c. rr .IV, lf Htrtiwna 1. T ....
" . " ' u.uw.,
wa atternptln, to show the court that
, mm s Uiailri wt gait, lain uaua Ul i -
Ibreska were oessed at too low a figure
I Instead ol oeing unjustly dealt wltn, when
in. i.uur iur .uj, .....v .in..
During Mr. Greene's argument Justices
White. Day ar.d Holmes asked many per-
tlnent questlona of the railroad attorney.
who was evidently embarrassed by their
apparent leaning against his position.
Mr. Baldwin will follow Mr. Brown on
conclusion of the latter argument to
morrow, and Mr. Stanley will conclude for
I the state.
I Personal Mention.
! In honor of Senator-elect Norria Brown,
! Senator Burkett will give a dinner Wodnes-
1 i4v .v.nlnff ta wLlch tha ni.mh.ra ..f Ik.
I Nebraska delegation have been Invited.
& R. Rush of Omaha, sport, attorney
for tha Department of Justice at work on
land fraud cases, arrived In Washington
octlouod on Third Page.)
GAMBLE GIVEN A CLEAN BILL
Stalwarts Make aa F.fforl to Debate
Report la tk Hone, hat
Fall.
PIERRrT. 8. D.. Jan. 21-lSpeclal Tele
gram. -The report of the Investigating
committee is Innocence, or whitewash, ac
cording to the political spectacles through
which It Is viewed, as It now all over but
the voting. The report of the Investigating
committee, which was presented to both
houses this afternoon, holds that nothing
was presented to the committee to Indicate
that the appointment of the son of Sen
ator Gamble to the senate positions were
not In the usual way In accordance with
customs prevailing In the United States
senste for years, snd the part taken by
the senator does not In any way reflect
upon his personal or official Integrity In
any way.
The senate accepted the resolution, but
In the house Parmley. the stalwart leader,
made his last stand Just before adjourn
ment, but was leading a forlorn hope and
was blocked In every effort to secure con
sideration of the report before the time
for election of a senator. He attempted to
secure an evening session for that purpose,
and being defeated In that, tried to secure
Immediate consideration of the report In
committee of the whole. In both of which
propositions he was defeated by about two
to one.
The railroad prodders came out again
today In the house with bills fixing double
damages for property destroyed by fire set
by railroad locomotives and requiring writ
ten permission from the Railroad commis
sion to. abandon stations.
The county local option liquor license bill
came back with a favorable majority report
and a minority report signed by Ellerman
and Otto recommending Indefinite postpone
ment. The 8loux Falls bill for a thirty-year
street railway franchise came back from
the committee amended to make it apply
only to cities with over 12,000 population,
and then only after It had been favorably
voted on by the people.
The principal debate was In the senate
over providing means of raising money for
the state capltol and for continuing the
work thereon.
SENATOR DOLLIVER NOMINATED
Republican Caacaa Gives Him an
t'nanlmons Vote for Another
Term.
(From a Staff Correspondent.)
DE8 MOINES, Is., Jan. 21.-(8peclal Tel-
Cera m tTlv iinQnlmniii vnrn hv a n-l anin.
Senator SmJth of mtchftt, who scondd
th- eenBt(r Bmlth moved that
the nomination be by acclamation.
A committee consisting of Senator Gllll
land of Mills. Representative Kendall of
Monroe and Meredith of Cass notified Sen
ator Dolllver of his nomination and ea-
. i . . i . .. t , a . r-. , i ,
thnnked the caucu, for tha , h honor
, e)e.Uon UnJte(J glm 8noUd
; broufrht un(jer th, prlmary wlBhwl
f(jr a fruUfu, of th- loK)glature
m(yat abundant ,UCCMS to tne
lstratlon of Governor Cummins.
The caucus also nominated Emery II.
English for state printer and E. D. Chas
sell for state binder.
COAL WINERS IN SESSION
Thomas ttorke and Patrick Gllday
Appointed Delegates to Interna
tional Congress.
INDIANAPOLIS. Jan. 21-Indlanapolls
today waa selected as tho meeting place
of the convention of the United Mine
Wortters In January, 1908.
Thomas Burke of Illinois and Patrick
Gllday of Pennsylvania were elected dele
gates from the organization to the Inter
I . . . . . ,,, . . , .
national congress which will be held next
summer In Salzburg. Austria. D. H. Sulll
van Of Ohio and Wellington O'Connor of
Indiana were chosen alternates.
. Among the more Important resolutions
adorted was one asktng for legislation by
which voters may directly Instruct their
representatives In national, state and muni
cipal offices by direct nomination, direct
election and the right to recall.
According to the report of the trans
portation committee, the cost of transport
ing the delegates to the convention was
2S.SJil.K8, which is paid by the national
organisation. There are 580 delegates in the
convention, representing 848 locals.
LAKE ERIE STORM SUBSIDES
For Deaths and Million Dollars'
Worth of Damage in
Bnffalo.
BUFFALO, N. Y.. Jan. 21. The hurricane
which awept the Niagara frontier yester
day ha subsided. A more extended esti
mate place the damage at th port of
Buffalo alcn at about Jl. 000. COO.
The high water of Lake Erie receded to.
day, leaving some of the stranded lake
liners high and dry.
Three persons were killed In the collapse
of buildings and another was drowned.
Niagara Falls power Is again running
the trolley cars and lighting the city.
The United States government sustains
! a los of from 2100,000 to r,000 from de-
n9 lwMkwar. VI 1W h eyf lh
j go-rnment'a equipment used In th. harbor
i work was sunk.
nilFtlTVCirUT inr nrin
I WtIM I T-tlUrl I Ant ULAU
Revlsed List of Casualties of Big
Fonr Wreek at Sand ford,
Indiana.
TUP.RE HAUTE, Ind , Jan. 21. A revld
f d j d ,nJur.fl from ,h .Xpl0,,jn
, and , reck of BU Four pawn,l.rP tMln
No. 2 Saturday night at Sandford. Ind.,
allows twenty-eight dead and thirty-two In-
I jure(i
. of. tn- dead eighteen have been identified
j CoTOner R. H. Leivut began work on th
cau,e ft lne uulcr today. The cause
of the explorion 1 as much of a mystery
a a ever.
ANTI-CARTOON LAW PASSED
Colorado Honse Sends Meaanr to
Senate Modelled After tke
Penni packer Aet.
DENVER, Jan. Il.-A libel law. framed
along the lines of the Pennypacker law of
Pennsylvania, and containing an anti
cartoon provision, which was introduced
by Representative J. J. Laton of Denver,
was passed by the house today by a vole
of 84 to 11 The bill now goes to th
senate.
LOBBY LAW IS WEAK
Bill Fen die? at Lincoln Doi Hot Meet
Reqniremtnti of Cue.
AMENDMENT TO MAKE IT EFFECTIVE
VssRore Will Fa Adopted to Beach tha
'"Vtitlno; ftatftmen."
HOUSE INDULGES IN SOME SENSATIONS
Committee Beporti on Bills aejeoted After
Vigo rent rebate.
DIFFERENCES OAER ANNEXATION BILL
llenrlntT Before Railway Commltte
Develops Opposition to Bill Glvln
Street Rallwaya Aatherlty to
Own Internrbaa Lines.
(From a Staff Correspondent.)
LINCOLN. Jan. 21. (Special.) Whil
there are several anti-lobby bills now
pending In the legislature there Is a sen
timent among certain of the member,
that none of them exactly hit the bulla,
eye, and a movement is on foot tb so
amend pne of the bills thst It will be tin
possible for the professional lobbyist t
practice his profession lnUh. date house,
at the hotels or even in Lincoln. In
other words, a movement Is on foot W
expell from the capital every lobbyist
who Is staying here or who msy come
here to attend future legislatures, by en
actment of law.
One plan which has been proposed I.
for a bill providing tt shall be cpmpul
sory for a lobbyist upon coming to Lin
coln to register his name with the sec
retary of state, together with the namt
of the corporation or other Interest which
he represents. . He shall then report to a
board composed of the . governor, the
speakor of the house and the president
pro tern of the senate, who shall by law
have authority to say how long he may
remain at the capital. The proposed
amendment to pne of the bills now pend
ing will carry with It a penalty for tht
violation of tha act.
"Vlsltlnr Statesmen" Responsible.
This amendment is Inspired by the ad
vent Into Lincoln of numerous "promi
nent" citizens who under the guise of
friendship whisper conversation Into the
ears of. the members and who pretend
nui w ne interested in any measure.
These men, so aome of the members be
lleve, are far more dangeroua than an
accredited corporation lobbyist.- Those
who belong to this latter class are known
and the legislators can avoid them. But
the man from the home of the legislator
who comes In as a fellow citizen and a
neighbor can get tn bis smooth work, col
lect his fes from the corporation and get '
out without having it generally known
what his buslneaa la. Th proposed
amendment to the lobby bills will be so '
worded., to eaten these men. '
Some of the members heller the resi
dent lobbyist, are Just aa bad and a little
more so thAn the Imported crowd, so an
amendment la being prepared to catoli thla
bunch.
Differences Over Annexntton.
That It will require considerable diplo
macy to bring the Douglas county legis
lative delegation together on a greater
Omaha bill developed tonight at a meeting
of the delegation, before which John P.
Breen and W. H. Herdman appeared la
the Interest, of consolidation. Only four
members of the delegation attended. Tha
were Senators Thomas and Gibson and
'Representatives Clarke and Harvey. Mike
Lee was present for a short time at th
beginning and again at the end of the ses
sion, but did not take an active part In tha
discussion. He indicated, however, before
and after the meeting ti nt he Intended to
make a fight for his bill providing for the
submission of the annexation question to a
vote of the people.
Senstor Gibson made a . statement In
which he said he could not support an an
nexation bill, but he declined to say at
present whether he would fight It or not.
His statement was of Importance, as ha
I. chairman of the sonata committee on
municipal affairs, before which the bill
will come. He promised the bill would have
fair treatment before the committee, how
ever. Clarke and Harvey both expressed them
selves as opposed to any measure that
would shorten the terms of office of tha
Omaha or South Omaha officials, and as
the bill drawn by Breen would cut off two
years from the terms of Omaha officials,
their statement Is taken aa an announce
ment that they will not favor the meas
ure. Walsh was not at the meeting, being
called to a nwetlng of the railway com
mittee, but he haa already expreased him
self aa being oppoaed to so-called forcible
annexation. The other members of tha
delegation. It Is believed, would support
annexation. I
Breen and others expressed the opinion
annexation by vote Would be of doubtful
validity.
It has been agreed that Senator Thomas
! Is to Introduce the bill In the senate, prob
i ably tomorrow, and an effort will be made
( to get the bill through that body before
j it is sent to the house.
It Is oonceded that It will be necessary
j for the Douglas county member to get to.
; gether If they hope to get a consolidation
, measure through the two houses.
Opposition to Street Railway Bill.
House roll No. 1 got a little Jolt tonlglit
when It was discussed bv O. W. Wattle.
H. H. Wilson. C. E. Hurd and T. Hoicks
before tho railroad committee of the house,
though tho senate committee had rei'om-
mended the same measure for passage,
j This la the bill giving authority to street
: railway companies to own stock In int-r-ui
han companies. Its object being to permit
the Omaha Street Railway company to
build Interiirban lines. Thst wa the way
all of the speakers explnined It and (ill
were for It except Mr. Boggs of Unci In,
, who Is Interested In the ettl:-ns' Striet
' Railway company here. Mr. fcoggs objected
to the passage of the bill, he said, because
It conferred on street railway companies
the right to eminent domain, which he
suld should be guarded Jealous'y by ev-y
community, though the most serious ques
tion he raised was the effect such a law
would have on cities buying street railway
companies. Should the street railway com
panies own Interurban lines, he said, how
would the property bo divided should a cliy
desire to puretuisc. No attention was mld
to thl. proposition by the defenders of the
bill, though after the meeting Mr. Wattle,
explained that was not serious, as a city
would merely buy the street railway prop
erty to the city limits. Bogg. told tl.e
committee he could not point out spe Ino
objection to th bill at this time, but h
i
i
