The Omaha Daily Bee
f
VOL. XXXVI-NO. 188.
OMAIIA, WEDNESDAY MORNING, JANUARY 23, 1907-TWELVE PAGES.
SINGLE COPY TIIHKE CENTS.
v
(
1STEKDED AS FUM
CoTroer 8wttetihaiB Viket Partial Fxpla
tat'ioc. of fatter to Admiral Davis,
OFFENSIVE PARAGRAPH MERELY JOCULAR
ladicvttloa Arainit Eireativa atKineston
( rows in Intensity.
GENERAL WINTSENOS TENTS TO KINGSTON
rmj 0(Soer yForwardi Beaded Supplies
from 6 teres in Havana.
AMERICAN REFUGEES REACH NEW YORK
l-sssanrer Pass Reeetatlans Con
i(nil( Heartless and Inefficient
Caadaot of Relief Work
By British OMcUli.
KINGSTON. Jan. n. The publicotlon to
day In the Daily Telegraph of Governor
wettenham's letter to Rear Admiral Davis
has greatly Intensified the resentment of the
residents against the governor for rebuf
fing the tenders of American assistance,
and there is a movement on foot here to
domand lila recall.
A small minority, moil!? officials, sup
port eGvernor Swettenham arid their view
were voiced today by Rev. Mr. Graham,
pastor of the Uethodlat church, who de
clared that the governor was Justified In
resenting the landing of Americans.
Ths correspondent of the Associated Preas
poke to Governor Bwettenham today re
garding ths Davis Incident. The governor
said be had not invited Rear Admiral
Davis to land sailors.
Asked It he -endorsed the action taken
by Rear Admiral Davis, the governor re
plied; "That Is a matter between me and
Rear Admiral Davis, to whom t must re
fer you."
Tbs governor said his reference In his
letted to Rear Admiral Davis to a tramp
pillaging the bouse of a New York mil
lionaire was merely a jocular parallel.
There Is much Indignation expressed hers
at Governor Bwettenham'a action In dock
ing the pay of the government clerks who
absented themselves from duty to nurse
sick or dying relatives. Last Saturday
ths governor suspended the free service of
trains for the transportation of refugees
1st the country, but at the urgent request
Of Archbishop Nuttall he consented to con
tinue this free service for one week.
No sailors have been landed from the
British cruiser Indefatigable, which ar
rived last night.
Thanks froaa Swettenham.
WASHINGTON. Jan. 23. An expression
of gratitude from Governor Bwettenham of
Jamaica, for the . sympathy and aid ex
tended by the United States to the victims
of the disaster on that Island, the publica
tion of the text of a graceful note from
Earns Howard, the British charge here,
conveyed the regrets of Sir Edward Grey,
the British principal secretary of state, on
aooount of the incident and a cabled report
, .j. i freia" 'American Vice Consul Orrett, at
j Kingston, were among today's developments
In the now famous controversy between the
governor and Rear Admiral Davis, com
manding the relief squadron which went
to Kingston.
While Governor Swettenham's message le
couched in the most polite terms, the
British authorities are not through with
the matter. In his letter Mr. Howard In
forms this government that his majesty's
government is causing official Inquiries to
be made as to the authenticity of the let
ter credited to Governor Swettenham.
Wist Sende Teats.
Am Interesting chapter was admitted to the
ease today when It became known that, on
January to, after Admiral Davis and his
hips had sailed from Kingston, Brigadier
General Whit, commanding the army of
rnuitncatlon in Cuba, on the request of the
- ""'In British minister at Havana, trons-
it mitted through Governor Mogoon, bad sent
'' to Kingston five hospital tents, twenty-
j alght wall tents and fifty-two conloal wall
eats, all complete
i Secretary Tatt was prompt to give his
I approval on hi. arrival here ririT
f Baderatood that the tent are now on their
war to Kingston.
, 4 Vice Off nuil Orrett reported another shock
' today. In response to specific inquiries
) I from the department he cabled that 8 perry,
Uf Bourfce, Watson and wife. Mrs. Cue. Jo-
i Bepn and Mary Eustace, Edwards and
' daughter and Taylor were all alive.
I .
f t Biesart treat Caasal Orrett.
' The following cablegram, summarising
4 t the situation In Jamaica, as a result of the
'-, earthquake, was received from Mr. Orrett
Tffl No cn of life at
any of the hotels at
Muntego Bay, Port Antonio, interior towns;
KnuLsfurt Fbsu. Constant Springs or any
Other hotel eltept Myrtle Bank hotel
Whloh was completely wreoked. Many
deaths occurred there, chiefly among the
employes.
None of the names mentioned hi your
cablegram are in the death list so for as
published. Many bodies found in the busi
ness portion of the city which was de
vastated by fire were burned beyond recog
nition. Sperry. Bourke. Wetsos and wife, Mrs.
Case, Joseph ana Maria Kuitaoe, Iddward
evnd daughter, and Taylor, all alive.
Consulate opened today. Another shock
this afternoon. No damage. Trains run
ning. Two piers saved.
Text British Betes.
A cablegram directed to Secretary
Jtoot. under date of January 10, the day
following the departurs of Admiral Davis
with his Beet from Kingston, after the
mnpleasont episode between the admiral
Odd Governor Bwettenham. oonveyed the
profound gratitude of the people of Jo
cnaloa for the expression of sympathy sent
by this government, as well as for the aid
rendered by Admiral Carls "and tne entire
particular eervioe so.nodroa of the United
totee navy,"
This was taken to refer to the relief
squadron.
The dispatch was . U here last even
ing asd mode public i . as also was a
letter from Berne li.v.ard. charge d'af
faires of the British ecibassy, stating that
official inquiries weie be lug made as to
the authenticity of the Bwettenham letter
to Admiral Davis and expressing the re
tret ef Sir Edward Grey, secretary of state
for foreign affaire, that a British officio!
heald have addressed ouch a letter to a
gallant admiral, who had rendered valua
ble eeslstsnss to British subjects at a
tUn of great suffering, and distress.
The text mt the tww Botes follow;
JAMAICA, Jan. . The Hon. EUlhu Root.
Beuratar of fctate. Washington: JiiuaUe
l profoundly grstsful to your exi-elleiiryl1
for eapreeekoa of eymparny ana ror ttio
Yery prautluaJ aid so kindly given by Ad
J BUrol Davis and ths entire particular
,u aervlce equadzwa of the UMd Ptstes navy.
W (BlogMdj GOVERNOR.
BIUTUH EMHAB8T. WAS HI N OTO N,
Jan. . lr I have the honor to inform
feed Bader inatraouoas received today from
.Continued on Fourth Poe-)
SUMMARY OF THE BEE
Wi
1907 JANUARY 1907
Bus MOM TV I WIB TMU ri ST
' I 2 3 4 5
6 7 8 9 10 II 12
13 M (5 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 '
THB WEiTXtB.
FORECAST FOR ' XKBRA9K A Partly
clomly VS ''rtnrm1ay ; warmer In east and I
toutli t'Ortiotis. Thursday prohablv snow, i
FORKCA8T FOli IOWA Fair Wednes
day, with rlHltifr tempvrature. Thurday
cloudy: probably si.w; we.rmer In east
portion.
lernperature at Onialia yesterday:
Hnur. Dpr. Hour. Deg.
J a, m io 1 p. m !
- m 7 2 p. m 10
' a. m f J p. m....
J m 6 4 p. m....
m I A p. m.,..
J? - m g 6 p. m....
n 7 7 p. m....
12 ni p. in..,.
9 p. m. . . .
II
12
IS
IS
IS
13
18
WASHUCQTOir.
Railroad tax argument ends before-supreme
court, and decision may be reached
before adjournment In June. Judges' ques
tions Indicate attitude favoring state.
Page 1
Senate pansos Foraker opmpromlse reo
lutlon providing for an investigation of
the discharge of negro troops at Browns
ville, Tex. Fags 11
House pusses the diplomatic and mili
tary academy appropriation bills. Page 11
Senator Bailey Is re-elected by the Texas'
legislature and committee proceeds with
investigation of charges against him.
Page 8
DOatXBTIO.
President Mackenzie of National Live
Stock association says that shippers
should keep record of shipments In order
to cpmpel railroads to give good service.
Page 1.
Indian Inspector McConnell accuses
Secretary Hitchcock of suppressing a re
port and concealing true condition of In
dian schools from 4 he president. Page 3
Ohio river is stationary at Evansville
and Is falling at all points above. Lower
river and Mississippi are rising. Page 8
POKXIObT.
Governor Swettenham cablea thanks to
Secretary Root for services of American
squadron, but fails to make any report to
his own government regarding his letter.
Page 1.
Senator Sutherland speaks In favor of
Senator Smoot, declaring practice of po
lygamy Is dying out in Utah. Page 1.
BTEBBABKA.
House gpes on record as opposed to mill
levy method of making appropriations and
in favor of child labor bill. Bill intro
duced for summary action to remove dere
lict officials. Page 1.
Referee Post rules state can take testi
mony of outside lumber dealers In rase
under state anti-trust laws. Page X
Two colored soldiers discharged at
Brownsville, Tex., are In jail at Valen
cbarged with selling liquor, to Indians
on ths Rosebud reservatlona Page
Rosace Wort man and Frank ' Dewey,
each It years of age, who left their home
at Ashland to go skating a month agp,' are
reported to have been seen In a Kansas
City theater. - Page 3
Joint legislative committee has ap
pointed subcommittees to draft railroad
bills. Pagsl
X.OOAJL.
Contempt cose against W. J. ConneU Is
continued by Judge Sutton until Wednes
day after motion to quash and a demurrer
are overruled. Page 7.
On suggestion of Omaha parttes bill
will be offered In legislature to limit
amount of surety bonds which can be
written by one company. Page 4.
New route for Western Pacific: Is put
lined under agreement with Mr. Harri
man. Page 13.
Omaha Electric Light and Power com
pany authorised to expend $300,000 In ex
tensions and improvements. Page T.
South Omaha discussing advisability of
refunding per cent bonds at lower rate.
Page S.
Ten different men offer land to Houth
putpoB
Page B.
Hon. Thomas M. Kettle, member of
British Parliament, delivers address on
"Home Rule for Ireland" and appeals to
Americans to help the cause. Page 8.
Board of Education Informally discusses
need of building addition to present high
school. Page 5.
Communication concerning bequest of
late Edward Rosewater for scholarship in
technical school received by Board of
Education. Page B.
Review of the latest works of fiction,
travel and biography. Page7
coTjwcrr. bltspps abts xowa.
Mayor Macrae of Council Bluffs vetoes
ordinance creating a new ward and the
veto Is sustained. Page 11
WARM DEBATE IN KANSAS
Majority fpper Heaee Aeeased of
Betas' la Coatrol ef
Railroads.
TOPBKA, Kan., Jan. a. The senate to
day after a heated debate, passed Porter's
joint resolution calling upon the railroad
board to Investigate the cost of passenger
trafflo so that the senate may act Intelli
gently when the t-cent-a-mlle bill comes
up for consideration.
Senator Gilbert created something of a
sensation by declaring that the resolution
was merely a move of the railroad senators
to place the responsibility of dodging rail
road legislation upon the shoulders of some
one else, so that they might go back to
their constituents and say they, the sen
ators, were not responsible.
Senator OUbert by Inference accused the
majority of the senate of being under the
control of the railroads.
AFTER THEATRICAL COMBINE
Mew TerW Grand Jary Besrlae aa
Testlgatlea of the Attested
Trast.
NEW YORK. Jan. 22. An Investigation of
the so-called theatrical trust was begun
by the grand jury today. Nearly all the
prominent theatrical promoters in the city
and some from other cities have been
subpoenaed to appear before the jury.
Among these are Al Hayman and hie rep
resentative, Louis Morgennlern; Robert
Young, representing Charles Prohman;
Meyer W. Livingston, representing Klsw
A Erlonger: George H. Nlcholol and Dudley
McAdow, representing Stair A Havlln; If.
R. Jacobe of Albany, Lee Shubert and many
employes of ail the theatrical companies.
M'KENZIE TO STOLK MEN
tv" -nal Live Stock
President of Am
Aaiooiatior . usual Addnu.
RECORD
BE KcPT OF TRAFFIC
ea ef GettloK Stock e Market
. ef Prime Importaace aad
reading v Bill May
Assist.
DENVER, Jan. 22.-Presldent Murdo Mao
Keiizle's annual address was the main fea
ture of the opening session of the tenth an
nual convention of the American National
Live Stock association, which assembled
here this morning In the Broadway theater.
A report on "legislative questions," of
vital Interest to all the members, was
made by S. II. Cowan of Texas, attorney
for the association. The delegates were
welcomed m a fellcitlous address by Gov
ernor Henry A. Huchtel.
Mr. McKenzle referred to previous griev
ances stockmen had against the railroads,
saying that one of them exorbitant freight
rales hud been corrected by the passage of
the rate bill, but the only way shippers
could derive any benefit from the measure
was to carry their complaints of unjust
rates to the Interstate Commerce commis
sion without delay. lie told of efforts to
have amended the law which requires that
live stock In transit be unloaded for feed
and rest every twenty-four hours, and
suld that only partial success was had. The
law was changed so that by written re
quest of the shipper stock could be held
In the cars for thirty-six hours. Con
tinuing, Mr. MacKenxle said:
During 190S thre have been, to' my knowl
edge, more complaints of poor service by
tlie railroad!! than In any years in the
past, and unless something is done to
compel railroads to give a reasonable speed
limit to nrrlshable aooda In transit, such as
live stock, It will create such a loss that
ultimately stockmen will have to abandon
tne business.
Suggestion to Shippers.
I would vuggest that all shippers who aro
members of tnis association keep a reoord
of the rale of sDeed made by tne railroad
of all shipments of stock in transit, and
wnenever It Is found that a loss nas oeen
Incurred through failure on the part of the
railroads to make reasonable time, a suit
should be Instituted for the damage Sus
tained by the shipper.
There Is another question which has
forced itself upon our netice during the
last year, and that is the absolute failure
of many of the railroads to supply cars
for the shipment of stock upon proper no
tice. There are some people who contend that
regulating the rates by the federal govern
ment retards the building of railroads, but
I would go a step further, I would like
to see a law passed prohibiting the extern
slon of a railroad now In operation until
first the owners of such railroad could
show that tliey had equipped the rood al
ready built with curs and motive power
to supply the demands of the publlo and
that It had sufficient funds to equip the
railroad which it Intended to build. I
would also like to see a law passed pro
hibiting railroad companies from paying
any dividends on stock, especially watered
stock, until they first could show that
their roods were properly equipped.
BUI Kay Care Evils.
A bill Is pending in congress that I be
lieve will give us the necessary relief. Said
bill penalises railroads for failure on their
port to supply curs on receiving reasonable
notice and also provide for a penalty of I2S
per car per day for every day in which the
railroads fall In this respect.
It.. MacKencie said that tbe.'mlnu.ium
car load weight for all classes of live stock
was too high and should be adjusted. He
spoke of the bill Introduced In the present
congress to amend ths meat inspection law
adopted by the lost congress, so as to make
the packers pay for Inspection. The ob
jection stockmen had to the proposed
amendment woe that they would have to
stand the cost themselves, something like
13.000.000 annually.
Mr. MacKenxle characterised the question
of the administration of the forest reserves
as one of the most important on which the
association should take action.
The Co-Operatlve Live Stock Commission
company, organized by stockmen for the
purpose of fighting the advance in com
mission rates. Is a ouccena, Mr. MacKensie
declared. He was confident It would be
a lasting benefit to the stockmen.
Mr. MacKenxle said he never expected
to see a man in the Agricultural depart
ment who would personally pay so much
attention to the live stock Interests of the
west aa Secretary Wilson.
Oowaa TMseasses Tariff.
The tariff question was discussed by at
torney B. H. Co-wan of Texas, who said
that powerful trusts, which want high pro
tection to keep out European ocmpetlon
were ruining the live stock Industry, Ger
many and other foreign nations were boy
cotting American meats because of the high
tariffs of this country. B. H. Harrlman,
the railroad magnate, was criticised by Mr.
Cowan, who sold the government was too
late In taking action against the Union Pa
cific and allied lines, which he said, were In
a combination to restrain trade.
"The rallroade are saddling a worse
feudalism on this country than was ever
tried before." said Mr. Cowan. The righto
of the people are lest and swallowed up by
the so-called captains of Industry. There
never was a time when you needed to be
organised more than at pi meat.
"The railroads have not loet their power
at Washington. Although the railroad
rate Mil wns passed by consrress Ihe rail
roads have not lost their cunning." j
Greetlasr from Roosevelt.
Gifford Plnchot of the government fores
try department delivered greetings from
President Roosevelt to the aUiekmen and
the following message.
"That In his (the president's) judgment
the government control of the publlo range
la evidently coming, and coming quickly.
"That It Is right that it should corne
"That he believes that It is for the beet
Interest of all users of publlo domain, In
cluding live stock men, that It should oome
soon, and
"That, as government control of the
public range Is one of the fixed poll
clee of his administration he would be
glad to get the advice of this association
to the form It should take for the best In
terests of all concerned. "
The matter of government control of the
public grazing lands in Colorado and
throughout the west has long been a bone
of contention In the ranks of the stock
growers. While many of them favor Presi
dent Roosevelt's Idea In this regard It Is
stated that a majority Is antagonistic to
this plan.
SNIDE WAY T0BEAT TRUST
Three Vasrraats Steal Cteal frees
Rallread ad Se4 Vp
Baslaeee.
For trying to compete with the local
Coal trust barons by starting an Independ-
. ent coal yard with coal stolen Monday
i night from a fretgnt car In the Illinois
Central yards, Frank Brooks, Frank Mc
Vey and John McReynolds, three vagrants
with extensive police records, were sen
tenced to thirty days each In the county
jail. The men were arrested Monday night
by Officer Rlnn after they had carried away
nearly twe Ions of coal.
KINDEL TALKS OF RATES
Denver Maaafsctarer Says Baslaess
Mas Been Wreck By Colo-
redo Freight Charges.
DENVER. Jan. 21. A formidable array
of lawyers was lined tip In the Fnlted
States court room when C. A. Prouty, inter
state commerce commissioner, resumed his
Investigation of the complaints against a
score of railroad companies alleging dis
crimination In freight rates against this
city and state. Joel F. Valle and Elro
Clark represent the Burlington and Den
ver It Rio Grande, Clayton Dorsey ap
peared for the Southern Pacific and some
of the eastern lines. D. W. Tears for the
Lake Shore A Mlohlgan Southern. Henry
J. Rogers and B. P. Pierce for the Santa
Fe system, CD. Hatght for the Erie and
M. A. Low for the Rock Island. James
J. Jeffrey and other counsel were present
and joined In questioning witnesses.
Three points of vltar interest lo the en
tire west were emphasized by George J.
KIndel, manufacturer, one of the com
plainants Mr. KIndel alleged that Denver
manufacturers had been driven out of busi
ness by freight rates on raw material. Ha
declared rates are low to the Pacific coast
and Denver people are paying much more
than thoso at tidewater. He also stated
that jobbers were being forced to close' up
their houses because they are unable to
get Intb competition with 'other territories
on an equal basis.
Similar cases over the entire west aro
hingtng on the result of the Denver in
quiry and the decision here will govern
other like suits.
Commissioner Prouty announced that the
allegation In the complaints were not speci
fic enough. He suggested to Attorney Wil
liam Harrison, representing Mr. KIndel,
that the complaint be made more specific j
In regard to class rates. He sold that an j
allegation could be made that the class
rates were excessive, but that It would bo j
difficult, if not Impossible, to make an
allegation on commodity rates. Mr. KIndel
declared that the complaint was that Den
ver had to pay a higher rate per ton per
mile than some other cities.
Commissioner Prouty said he did not be
lieve the commission would hold that In
general the rates were too high, nor would
any court hold that the rates In general
were too high. Denver was so situated, he
sold, that the rate to San Francisco
through Denver should be lower than (he
rate to Denver. This would not show that
the rate to Denver waa too high. The only
ground on which the case could be heard
was that the rates are unreasonable to
Denver.
"If that Is what you are trying to show,"
aid Mr. Prouty, "you have very little evi
dence. So far you have shown nothing ex
cept that the rates on cotton piece goods
are excessive. The commission can make
no order on any commodity not mentioned
In the allegation."
.Mr. Prouty said he had no authority to
rule on . 1 competency of the complaint, or
perhaps to allow an amendment to the
complaint, but he would allow an amend
ment and the whole commission could take
up the matter.
Mr. Harrison made a motion to so amend
the complaint that the class rates may
be shown to be excessive and unreasonable.
SEATTLE, Wash., Jan. 22. Interstate
; Commerce Commishjoner Lane, here today,
j tesumed the lnvH?uicra into t ho oar
j shortage and charges brought by lumber-
men of Washington, that the Hill roads
. had failed to deliver more than 35 per cent
I of the cars required to handle the timber
' products of this state.. More than 100 lum-
bermen from various parts of western
Washington were present. The proceed
ings were exciting, a clash occurring be
tween General J. M. Ashton. representing
the lumbermen, and Attorney Cannon of
Spokane, representing the Hill roads. State
Senator Paulhamun was the main witness
for the lumbermen and sought to show
that shippers have lost tens of thousands
of dollars during the last year by the
failure of the Hill lines to furnish cars.
Attorney Cannon objected to a great deal
of Paulhamun's testimony and there were
frequent clashes between counsel.
LONDON MUSIC HALLS CLOSE
Artists' Federation Strikes to Enforce
Demaad for Pay for Matinee
Performances.
INDON. Jan. 23. The strike of the
music halls artists, which affected some of
the suburban halls lost night, today re
sulted In compelling some of the leading
houses. Including the Tlvolt, to close their
doors. Among the music hall artists who
declined to appear tonight were Arthur
Roberts, the Princess De Broglle, Marie
Lloyd and others equally well known.
Some of these even aated as pickets and
were sent out to Insure the carrying out
of the orderes of the artists federation.
The dispute arises from the attempts of
a new body, entitled "The National alli
ance," which represents all sections of
musio hall artists and employes, to force
the music hall proprietors to accept the so
called "Charter" embodying conditions
upon which all artists must be engaged.
The principal grievances are that the
artists should be paid for all matinee per
formances Instead of giving their services
at this time of the day, free, as Is now the
custom In many coses, and that all dis
putes should be referred to arbitration.
The movement Is directed partly against
the so-called "trust" system and a combi
nation of the proprietor
CAPTAIN PEABODY SUSPENDED
Officer Who Ran Traaspert Oat Reef
Is Paalsaed for His
Mistake.
SAN FRANCISCO, Jan. Oiptaln
Thomas Peabody, who commanded ths
Vnlted States army transport Sheridan
whfn It ran on a reef nearRarber's Point,
Island of Oahu, August XI ef last year,
was suspended yesterday as a master and
pilot of steamships for a period of six
months by the local Inspectors of hulls and
boilers.
Captain Peabody's defense before ths In
spectors was that the reef on which ths
Bherldan struck waa not on the chart and
that therefore he was not to be blamed for
the mishap.
Captain Peabody haa been removed from
hla position by the War department.
FUEL SUPPLY IS IMPROVED
Eat terse aa Freight aa Oregoa Maes
Is Lifted aad Ceal
Moves.
PORTLAND, Ore., Jan. C The fuel sup
ply has so far Improved on the Harrlman
lines In the northwest that the embargo on
freight on the Oregon lines was lifted yes
terday. Shipments of coal are being received from
British Columbia, which, together with
dally deliveries at Huntington, are helping
out the Oregon River and Navigation and
Southern Paclflo to grat extent
M CASE ARGUMENT ENDS
Deolsion ia Hoted Cais slay Bi Reached
Before Court Adjourns.
JUDGES ASK EMBARRASSING QUESTIONS
Railroad's Attorney Is Told by 'jastlre
llarlaa to Omit ttaretloa of
Mow Beard Reached
Assessment.
(From a Staff Correspondent.)
WASHINGTON. Jan. 22. (Special Tele
gram.) Arguments In the Nebraska rail
road taxation coses were concluded today
In the supreme court. Senator-elect
Brown, who had not concluded yesterday
when court adjourned, and Maxwell
Evarts of New York were the only attor
neys heard today. It had been supposed
that Attorney Baldwin would present an
argument for the railroads and that Mr
Stanley would close for the state of Ne
braska, but this program was modified
and the attorneys mentioned made final
pleas for the respective Interests.
During the entire course of the argu
ments presented todny, particularly by
Mr. Evarts, the court manifested extraor
dinary Interest. Counsel were frequently
Interrupted by questions from nearly
every member of the great tribunal, even
Chief Justice Fuller evincing Interest by
asking Mr. Evnrts a number of questions.
In fact, since the argument began the at
torneys for the railroads have been sub
jected to a series of rather embarrassing
questions on the part of members of the
court.
Mr. Brown sold there was nothing in
the record to Impeach the action of the
Hoard of Assessment, and refuted tlV
charge that has been made that there had
been an attempt to force the railroads
operating in Nebraska to pay exorbitant
taxes In order to enable the state to pay
oft the state debt.
Roads' Attorney Gets m Jolt.
Justices White and McKenna asked At
torney Evarts what the state had as
sessed his road.
"Fifty-five thousand dollars per mite."
waa the reply. "They first levied 5,000
and then reduced It to $55,000."
"Your claim Is that it should be 45,000,
Is It not?"
"Yes, the board Imported property Into
the state through its method and that
method is absolutely bad, absolutely Ille
gal," said Mr. Evarts.
At this point Justice Harlan shifted In
his choir and reminded Mr. Bvartg that
what the court desired to know was honv
he could show that the assessment of the
board should have been 146,000 Instead of
155,000. Then occurred a real call-down for
the Union Paclflo attorney. Justice Harlan
with severity said:
"Put out of your mind how the board ar
rived at Its conclusion."
Chief Justice Fuller Interrupted with a
question at to the Union Pacific holdings
In Nebraska, to which Mr. Evarts replied
by submitting an array of figures compiled
by the auditor of bis company.
In concluding, Mr. Evarts sold that in his
judgment the court could not arrive at any
other conclusion than that if any deduction
Is made t. must be for the full amount and
not on any percentage of the same.
Mr. Brown was seen to smile over this
remark and shortly afterwards court ad
journed for luncheon.
The case of the people of Nebraska
agalnet certain railroads of the state la
finally In the hands of the court of last re
sort, to be decided possibly before adjourn
ment In June.
More Time for Settlers,
The house committee on publlo lands de
cided today to make a favorable report on
the Gronno resolution extending until May
15 the time when settlers who have filed on
lands In the northwestern states shall be
required to take up residence on their
claims. Both the senate and the house
passed a resolution permitting settlers In
the northwest to leave their claims for
three months because of the extremely cold
weather and lock of fuel. It waa thought
at first that this resolution would also ex
tend to persons who had not yet gone on
their claims, but Investigation Bhowed that
such was not the case and another measure
was prepared to protect the Interests of
homeseekers who are unable to get to their
claims because of unfavorable weather.
Western Matters la Coatrress.
Representative . Pollard today recom
mended the reappointment of John F. Grif
fith for postmaster at Pawnee City.
Representative Kennedy presented to the
house today the resolutions protesting
againBt the further distribution of garden
aeeds adopted by the ' Nebraska Swine
Breeders' association and the Nebraska Du-roc-Jersey
Breeders' association. These
associations want the money heretofore
appropriated for seeds turned over to the
agricultural dopartment to build up agri
cultural colleges and experiment stations.
There Is a conflict between the public
lands committee and Irrigation -committee
of the house over the jurisdiction of the
bill to appropriate tl.600,000 to protect the
people and the lands on the Colorado river
In California. On motion of Representative
Kennedy mode In the Irrigation committee
this morning. Chairman Mondell of Wyoro
Ing was directed to assert jurisdiction over
the subject matter of the bill, and to amend
the bill so that no part of the cost of the
work should be charged to the Irrigation
fund. The bill as It now stands takos
n .600.000 out of that fund, while the' fact
Is that all the money In the fund is needed
for Irrigation projects already undertaken.
Secretary Shaw today sent to congress
a letter requesting an appropriation of
$3,000 to be expended for temporary quar
ters at Cedar Rapids. Ia., for a public
building.
Representative Klnkald today Introduced
a bill authorising the secretary of the In
terior to make a resurvey of the lands In
township 27 north, range 18 weet. Holt
county, Nebraska.
The following bills Introduced by Senator
Burkett were today favorably reported to
the senate: To Increase the pension of O.
D. Cisco, of Burchard to $34 per month;
to Increase the pension of Thomas Harrop,
Roc a, tu $30 per month.
Carriers aad Postmasters.
Rural carriers appointed: Iowa. Car
lisle, route It Lttther L. Thomas, carriar;
Ida E. Thomas, substitute. Co)n, routs t,
Walter Eberle, carrier; Horry Eberle, sub
stitute. De corah, route 6, Wlnfleld M.
Baker, carrier; Sidney D. Baker, substi
tute. Keokuk, route t, Luman H. Van
A us doll, carrier; Isaac C. Carrtck, substi
tute. Moulton, routs L Clint E. Murdy,
carrier; Ralph G. Mundy, substitute. Saint
Ansgar, route S, Nicholas E. Lorensen. car
rier; Johannes F. Lorensen. substitute.
South Dakota, Academy, route 1. Charles
McCuraber, carrier; Charles McCumber, sr.,
substitute. Route X Wade 11. Peterson,
carrier; George B. Burton, substitute.
Geddes, route 1 Errln L. Nichols, carrier;
Lue Spalding, substitute; Parkston, route
(Continued est FwurUt Page
RECRUITS IN GUARD HOUSE
False Revert of Treable Start
"Rookies" ea Bad Road
at rolaaibaa,
COLUMBUS. O., Jan. 2.-MaJ.r Glenn,
commandant at the barracks, says that he
will thoroughly Investigate the riot In the j
"bad lands" participated In by about thirty j
recruits last night and the leaders will be
amply purlshed.
James Sterns, one of the latter, has con
fessed arid given the names of half a dozen
of the recruits, who are now In the guard
house. The riot started because a German,
William von Stinkard, told the recruits
that a negro In the "bad lands" had shot
a soldier.
"I think we will have the names of all
participants In the disturbance before the
d;iy Is over." sold Captain W. A. Burn-
side, adjutant at the barracks, this after
noon. "The trouble-makers will be summarily
dealt with and no mercy shown. They
v.lll be tried by court martial. Army reg
ulations provide that they may be dishon
orably discharged and sentenced to prison
for two to five years."
JOHN MICHELL RE-ELECTED
Coal Miners Take Xo Actios Toward
Resuming Interstate Waste
Agreement.
INDIANAPOLIS, Jsn. . The annual
convention of the United Mine Workers of
America closed at noon today. All the old
officers were re-elected. President Mitchell
received 71,000 votes. The convention was '
conducted on the referendum plan under I
the various locals. I
Before adjournment President Mitchell
said the regular meeitlng of the national
executive board would begin tomorrow
morning in thla city. ,
The convention took no action toward re
suming me imersiaie wage agreemenie
with the operators which wss broken off
Inst year. It Is stated that as the report of
President Mitchell was adopted the ex
ecutive board can act on the matter with
out further authority. President Mitchell
was elected delegate to the American Fed
eration of Labor.
APPEAL FROMJJIBLE AGENT
Chinese Representative Tell Amer
icas Society that Help Mast Be
Given Famishing.
NEW YORK, Jan. 22. The American
Bible society has Just received .the follow
ing cablegram from- Rev. John R. Hykes,
D. D., the agent of the society for China:
Notify all boards Shanghai Missionary
association, 274 member representing
nineteen bodies, uraea appeal famine relief
through all churches. Million and quarter
starving. Refugees already flocked cities.
In district 3.0W.00O destitute. Many mil
lions affected. Many deaths already,
though five months' suffering only begun.
General relief committee representing all
Interests In this part unite In relief work
entirely in responsible hands of mission
aries. Opportunity century Impress China.
(Signed) HYKES. President.
A special meeting of representatives of
missionary boards of the United States
having . work In Chins, has been held In
New York In response to this cablegram
and ,lt was by them unanimously recom
mended that churches, societies and Indi
viduals be earnestly requested to contribute
liberally to meet this emergency, which
must continue until June.
WITNESSES IN CONFERENCE
States Attorney Talks with Those
Persoas Who Will Testify
Against Thaw.
NEW YORK, Jon. 22. -The principal wit
nesses In the case of Hary K. Thaw for
the state had their final conference with
the state's attorney and his assistants to
day. Nearly all the witnesses who are expected
to testify against Thaw had been reached
by subpoenas and were on hand. They
were taken to the conference room sep
arately and each was questioned with the
purpose of learning just what testimony
may be expected when the witness goes
on the stand.
Thaw pasaed o quiet night In his cell
and was up early in anticipation of a long
session with his attorneys and the custom
ary dally visits from his wife, mother and
sisters.
COAL FAMINE IS WORSE
Government I Asked ta Relieve the
Present Sltantion In North
Dakota.
WASHINGTON, Jon. 22. The cool famine
situation in North Dakota has become so
serious that Senator Hansbrough will con
fer with President Roosevelt today to see
If federal means cannot be found to relieve
the situation.
Telegrams appealing for relief were laid
before the Interstate Commerce commis
sion by Senator Hansbrough today. The
commissioners hove called attention of the
railroads Interested to the renewed com
plaints. FAST TRAIN JN THE DITCH
One Tralamaa Killed aad Others In
Jared la Wreck la Seath
Carollaa.
YEMASSB, S. C, Jan. 22 -The Atlantis
mui i ui n ok riunai norm-
bound train ran Into an open switch last 1
night and struck a freight train standing
on the siding. Engineer Johnson of the '
passenger train, was killed and Engineer '
Norton and three trainmen of the freight '
were injured. I
The train, which waa composed of a '
baggage cor and several Pullmans, caught
fire and all but one Pullman waa destroyed.
Only one passenger was Injured.
ROAD MUST PAY FOR BULL
Final Jedgment la Law Salt Com
menced la Mlssoart Twenty
Three V'ears Aga.
ST. LOUIS, Jan. 22. Twenty-three years
ago a bull belonging to Thomas E. Sub-
1 lette, an Adair county farmer, waa killed
! by a St. Louis, Iron Mountain A Southern j
' . I . wm ...kl.tl. . .... .
' iruu axiu Kruier puuifiia sol judgment
! In a Justice of peace court for the ap
proximate value of the bovine.
j Today an opinion was handed down In the
St. Louis court of appeals holding that the
j railroad company must pay the Judgment
with Interest, amounting now to $276.85.
Panama Railroad Cemeaar Gees.
WASHINGTON, Jan. 22. -The senate com
mittee on interoceanlc canals today author
ised a favorable report on Senator Morgan's
bill abolishing the organization of the
Panama railroad anl placing it under the
absolute control of the isthmian Canal
00m mission.
JLL (jryy $ JJtJ)
Home Sett Seal of riiapprtTal on That
Uethod of App r.priation.
NO INTENTION TO CRIPPLE INSTITUTIONS
reop'a of Suts Are Entitled to Knew How
Much Government Coats.
OPPOSITION TO CHILD LABOR BILL
Hard Work on Fart of Advocates Convincei
the Boose, Ltwtvtr.
MEASURE AIMED AT IrAYOR DAHLMAN
Provides for Sannnary Proceedlnas ta
Remove omdals Who Fall le
Enforce the Iittn or Per
form Their Daly.
(From a Staff Correspondent.)
LINCOLN. Jan. 22. (Special.) The fea.
tures of the session of the legislature today
was the adoption by the house of the reso
lution by Tucker declaring against ap
propriations by levy, except In those coses
alreudy provided for; the recommendation
for passage of t lie child labor bill by Clarke
of Douglas and the recommendation for
puseage of Ned Brown's) bill to prevent
new trials or appeals on technicalities
where no Injustice has been done the de
fendant. Numerous Important measures
were Introduced, Including a bill giving
power to the state railroad commission.
The house went squarely on record In
favor of taking the people Into Its con
fidence In the matter of appropriations
when It adopted the resolution by Tucker
of Douglas declaring that all appropria
tions not heretofore provided for shall be
by specific sum and not by levy as the state
fair board and other state institutions de
sired. The resolution brought out consid
erable discussion Uiough McMullen of Gage
and Elmer Brown of Lancaster were the
only members who spoke In favor of a levy
for the state fair. Others, friends of or
ganized agriculture, farmers who hove long '
been Identified with the state fair and
know Its advantages, were for the resolu
tion, and their reason, aa given on the ,
floor, was not to cripple the fair, but they
wanted the people to know exaotly how
much money is to be appropriated for ail
purposes. In none of the speeches wag
there a syllable against giving the State
Board of Agriculture such appropriation
which It can show it really needs. Lincoln
papers endeavored to line up the repre
sentatives from out In the state against
the resolution by publishing statements
that It was a scheme of Douglas county to
cripple the fair because It Is located In
Lincoln. The vote Indicated this old buga
boo Is crippled. If not dead, though It waa
played as hard this tlins as It had ever
been played In the post.
Ba latent to Cripple Instttattona.
Tucker, . Dodge ond Walsh of Douglas
poke for ths resolution and each expressed -a
friendly feeling for the state fair and'
other state Institutions. Homer of Buffalo
spoke for the resolution and so did Harri
son of Otoe and the keynote of all the
speeches was to know Just how much
money Is 'to be appropriated for ths main.
tAianoe of state Institutions and not bp
blindly appropriating a levy, to leave the
people and In fact the Institutions them
selves In the dark on this matter.
A majority of the house is either In favor
of a ship subsidy or believes congress Is
abls to handle that question without sug
gestions from home. This was shown In
the vote on the resolution by Thlessen of
Jefferson, who wanted to memorallse con
gress to kill any bill providing for a sub
s' Ay to any ship company, even though It
was disguised as building ships to carry
mall to South America. Among those who
helped to kill the resolution was Lee of
Douglas, who, amid the applause of the
house, cloned his talk as follows:
"I am In favor of a ship subsidy. I
want to live long enough to go back to dear
old Ireland In a ship flying the Stars and
Stripes and not O ship owned by the Brit
ish government."
The efforts of the fuslonlsts to resurrect
the dead resolution to Investigate rumors
about Norris Brown failed when the house
voted down the resolution of Weems of
Nanoe to hove a committee appointed to
investigate and report why Nebraska
farmers get less for their grain than the
farmers of neighboring states. By starting
the Investigation the fuslonlsts hoped to
again drag the new aenator under the
limelight.
Hard Fight for Child Lobar Bill.
The victory of Clarke of Douglas county
and those who stood responsible for the
child labor law came only after a cam
paign of education, assisted by such men
ss Jennlson of Clay, Culdlce of Saline.
Cone of Saunders, eech of whom added
good argument In favor of the measure.
While there was no one who opposed the
spirit of the bill, MUllgan of Dixon. L li
ners of Thayer, Snyder of Harlan, all had
to be shown before they would consent to
recommend the bill for passage. Being
the author of the bill, the heavy work
connected with Its defense naturally fell
to Clarke, who explained the bill in de
tail, and it went through without an
amendment. When the vote waa finally
taken the recommendation that the bill be
passed waa almost unanimously carried.
Ned Brown of Lancaster again beat out
the Judiciary committee, though not until
after a most strenuous debate and not
until after the committee had defeated him
in the committee of the whole by a vole
of $9 to 18. The bill over which the fight
occurred was H. R. 47, which provides
no new trial shall be granted and no ap
peal shall be allowed on a technicality when
no Injustice has been done the defendant.
When the measure come before the com
mittee of the whole, McMullen of Gage
and Homer of Buffalo made speeches
against It, both holding such a law would
put too much power In the hands of the
trial Judge and at the same time do a de
fendant an Injustice. Then Elmer Brown
spoke for it. Ned Brown made the prin
cipal speech In favor of his measure,
though he was assisted by Wilson of Custer
and others. The committee voted t kill
the bill, 3 to ts, but on the adoption of
the committee report Brown called lor a
roll call and bis measure was recomminded
for passage by a vote of 47 to 43, and the
house applauded.
Sabeemaalttves aa Railroad Bills.
The Joint vommltUe of the bouse and
senate appointed to get up railroad meas
ures parceled out Its work tonight to sub
committees with Instructions for them ti
report at the earliest possible time These
committers were appointed by Chairman
Wllm :
Committee to draft a bill defining the
duties and poweis of the stale railway
tommlKMion: Aldrich of Duller. Epperson
of Clay, Walsh of Douglas, Harrloon uf
Otoe.
Committee 00 anti-pass legislation: Gould