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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 24, 1907)
he Omaha " ; Daily Bee VOL. XXXVI-NO. 1M. OMAHA, THURSDAY MOKNINO, JANUARY 24, 1907-TON PACKS. SINGLE COPY THREE CENTS. SIIONIS QUITS CANAL Ckairaian of Isthmian Oommisiion Hands Eei' aaticn to I resident. WILL 'RETIRE FROM OFFICE MARCH 4 Contract for Completing Eitob Will Frob ably Bo Let Before That Eate, FRICTION WITH THE SENATE ONE CAUSE Hostile Attitido of Committee Made Work Unpleasant for Him. BECOMES HEAD OF TRACTION COMBINE Mr. Shoats linn Been Elected Presi dent of nt trhnrtllih Metropoli tan Railway Compaay of New York. WASHINGTON, Jen. 23.-Th resignation of Theodore p. Shonts as chalrma- -f the Isthmian Canal commission was- 1- -ceA at the Whlla House today. Ii 'e effect not later than March 4, M. .,-: having been elected today a presti the Intei borough Metropolitan com. '. which controls the rapid trans'.t and m. surface lines In New York. No announcement was made as to who will succeed Mr. Shonts an chairman of the commlsplon. but It was learned au thoritatively that headquarters will be re moved from Washington to the Isthmus and that a high-salaried chairman to serve In that capacity alone will not be named. This being admitted. It follows that John F. Stevens, the engineer In charge of ccn st runt Ion of the canai, would not be made subordinate to another official on the isth mus. It Is regarded as a certainty that Mr. Stevens will be named as chairman of the commission In connection with bis post . as chief engineer. Mr. Shonts' retirement does not come wholly as a surprise. It has been rumored persistently as aoon as action had ben taken on the proposition to build the canal by contract Mr. Shonts would resume a calling mora congenial to his taste. Sec retary Taft today confirmed that rumor by saying that Mr. Shonts' resignation was voluntary, which fact Is borne out by the president's letter in accepting It. Letter of Resignation. The correspondence follows: My Dear Mr. President: I hereby tender my resignation as chairman of the Isth mian (Vnal commission, elfectlve at your rlcasure, but not luter than March 4, 1K7. t is unnecessary for me to assure you of my great appreciation of the great confi dence you have reposed In me and of the Splendid support you have always accorded me since my appointment by you. Hln oerely yours, T. P. SHONTS. Tin president's reply follows: My Dear Mr. Shonts: I accept your rea Iguutlon aa chairman of the Isthmian Canal commission to take effect March 4 with extreme reluctance. I do ao merely be cause I do not feel Justified In preventing your aoceptance of the position you have been asked to take In New York a position of such great consequence not merely to the people with whom you will be associ ated In the business enterprise, but to all ths citizens of New York. You have shown Ihrvugriukit Smr association with the Isth mian Canal commission such energy, ad ministrative capacity, fertility of resource and Judgment in handling men, together with such entire devotion to your work, that I hardly know whether most to regret the fact -that the national government Is to lose you or most to congratulate those who are tc profit by your services in your new position. With all Rood wishes for your future and with the heartiest thanks on behalf of the roverninent for what you have done in the last eighteen months in the vitally responsible position you have held, be lieve me, ever sincerely yours, THEODORE ROOSEVELT. Orisaliitlos is Complete. Secretary Taft tonight called attention to the fact that the work of organizing the con.n lesion had been completed and that as Mr. 6honta had been brought harexto as sume the executive duties necessary to cuch organization his continued presence la tint rhili.llir ....!. The Rjau-fiolmont syndicate, which has secured Mr Shonts services, sought some time ago. Before doing ao, how ever, Paul Morton, formerly secretary of the navy, called on President Rooaeveit and acquainted him with the intentions of the Interborough-Metropolltan. It is aald tlie president thou , expressed regret at the thought of losing Mr. Shorts' services, but agreed not to stard In the way if he should be elected president of the company. . That he had full information concerning Kir. Shonts' future is shown by the fact that he refers to It in his letter accepting the resignation, though Mr. Shonts does nut in his letter to the president. boats Objects te Red Tape. Mr. Shonts became chairman of the eocn mlsBlon April S, 1906, coming from the presi dency of the Clover Leaf route. This con nection, together with the fact that Mr. Shunts spent Iltt'e time on the Isthmus, caused considerable dissatisfaction In the senate. The two objections thus raised contributed to the failure of the senate last session to confirm the nomlnatVons of canal commissioners, and they have not since been confirmed. The failure in the senate, however, had nothing to do with - Mr. "Shunts' decision to resign, except Insofar as the Incident caused Mm to chafe under the restraint of the "red tape" through which ha was compelled to work by reason of the senate canal commutes not being- in harmony with the commission. He fre quently expressed dissatisfaction with con ditions and aald to a number of friends that were it not for his friendship for the presi dent and Secretary Taft he would resign and again take up railroad work, where he "would not have to ask permission to buy ft lead pencil-" Headquarters to Isthmns. In removing headquarters of the com mission from Washington to the isthmus, e i tensive offices iere will be abandoned. In the Washington offioe there has been the secretary of the commission with a definite line of work, the chief of the of fioe tn active charge of affairs tn the ab aenoa of the chairman, the auditing and purchasing departments as well as a num ber of other branches. It Is obvious that some of these departments will have to be retained, but it Is likely they will be placed under a bureau of the War department, poealbly again under the- Insular bureau. It Is expected that before Mr. Shonts actually sever hie connection he will dis pose of the matter of letting the canal by contract now pending In hi office, bids having been opened more than a week ago. Mr. Suonla left her mora than a week ago for Kanaa City, where ha will make Bil addrees tomorrow night iMsaiaa Is Weaker, CLEAN. N. Y. Jan. a. Dr. Hlbbard. after his first visit to former Governor Hhfglns. this morning rav out the follow- Inir statement: "Improvement noted in tulletln last night was but temporary; mind doubled this morning: took but a small amount of nourishment during the fight; has gained nothing in the past weuty-four hours; pulse held up by strong heart uirauiautjl; waakeulug gradually but surely." SUMMARY OF THE BEE Thursday. Jaaaarr 24, 1HOT. 1907 January 1007 (UN MOM TUt WtO TSU fl T l ZI . m o a - DD WHAT HE CONCLIVED TO BE HIS DUTY I 2 3 4 5 G T 8 9 (0 II 12 Mmr,n the Case Over the Sloeamb O ij fK I I j in r Law Enforcement Before Police 13 14 15 16 17 18 19 .M ., m. 20 21 22 23 24 25 26 Mo..,. 27 28 29 30 31 THl WSATSrm. FOR IOC AST TOR NEUHA8K A-Raln or now Thursday; colder In west and mirth portions: Friday partly cloudy, colder In east portion. KUHhX'AHT FOH lOWA-Snow Thursday and warmer In central and sunt portion FTlday fair and colder. Temperature at umaha yesterday: Hour, Ifiur. 1 n. in Deg .... 27 .... 2s .... SO .... SI .... 32 .... 2 .... 31 .... ;io .... 30 6 a. m 6 a. tn 7 a. 111 8 a. m a, m 10 a, m. ....... 11 a. m 12 m 16 In 3 p. m 15 3 p. m 16 4 p. m 15 5 p. m 17 S p. tn P) 7 p. m 25 8 p. m 8 p. m... wAiBnra-roir. President Shouts of Isthmian Canal commission resigns to take presidency of Metropolitan Railway company pf New -irk. Fag 1 , ver and harbor bill to contain an ap- . f , 'atlon for survey of Missouri river j ' "'insas City to Sioux City to pans j . vigaoillty. rag 1. . V sses house bill raising pay of men. of Congress to 17,500 a year. FaT 6 Commissioner Prouty suggests that the reductions of local freight rates will give the Denver merchants the relief they ask. Faffe 1. DOMESTIC. Auditor for Waters-Pierce Oil Company Idontlfios checks , and vouchers showing transactions with Senator Bailey. Fag 1. Trial of Horry Thaw begins in New York and first day is consumed in se curing two Jurors. Attorneys for pris oner have not yet disclosed plans of the defense. Fag ft. Oreat Northern road I enjoined from Issuing 860,000,000 of new stock until the case can be heard on Its merits in the Minnesota courts. Fag 6 Twenty men killed by an explosion In a coal mine near Trinidad, Cplo. Fag 1. liEOIfSLATIVX. The senate of the Nebraska legislature killed the last of the anti-lobby measure by a standing vote in committee of the whole. In the house bills were offered to amend tha Omaha city charter. In creasing the total sum for support of the city departments to 8900,000. Fag 1 KKBKABKA. Senate strike out house appropriation for postage stamps. Fag 8 House votes down proposition to print the Journal dally. Fag a X.OCAX. John Pearson, Union Pacific watchman, who saved a train from wrecking by swimming the Missouri river when a storm damaged the Union Pacific bridge In 1S76. Is dead. Fag S Mr yor Ta.hlnrn refuses to talk on "lid' Older until after trial of Chief of Police Donnhue. Fag 6 Chief Donahue files hi answer to tba charges filed against him by the Civic federation, asserting he did hi duty us he conceived It. Cos Is postponed until Monday. Fa- 1 Banker Lefang of Lexington purchases the Btate hotel property In Omaha, paying 840,000 for it. Fag 10 Rev. H. C. Herring of First Congrega tional church chpsen general secretary of Hpme Mlsrlonary society and takes up his new duties at once. Fag 3. Lieutenant Colonel Banister, deputy surgeon general of tha United States army, come to Omaha to take charge of U medical department at headquart er. Department of Missouri. Fag ft. FOSTS. Perlmon win twenty-mil open race for American automobile at Ormond, Flo. Fag e. covircnx bx,tffb ajtd iow. Dollivar formally declared "elected sen ator, Emory H. English state printer and B. D. Cheasell state binder. Fag 9 Two men, both strangers in Council Bluffs, commence action tp close saloons In that city. Fag Shareholders of Nebraska Masonic Home and Veteran Masons association hold their annual meetings. Fag 3. MOVXaTBIfTI OF OCBAJT gTEAJMXXF-tl. Port. NKW YORK... NKW YOItK... NKW YOKK... Boston BOSTON UDflTON ArrlT.d. .York ... Sailed. .Majntle. Ryndam. Samland. .Saxon la. 1'anadtan. Caledonian. .MsnriOts AUCXAKIlHlA ..Cadric ANTKKHP Mount Temple. UVEHPUOL Hl'tHNBTOWN . OLAXW Sicilian MAfUBlLLES ... Teutonic. Ivernla. Roma. GAMBLE DECLARED ELECTED Result of Ballot Aasossct la Joint ScssIob of Lralslataro at Pierre. PIERRE, 8. D., Jan. 3. (Special Tele gram.) At noon today the Journals of the two houses were read in Joint session and Senator Gamble was declared to be elected for tn term beginning March 4 next. The senator left this city today for his home la Yankton, where he will remain until the first of next week and will go from that place to Washington. Both houses are getting ready for the recess adjournment and the house today pushed over all bills likely to create de bate and 'kill time until thulr return next week. The house passed the anti-lobby bill, as well as the oue extending street railway franchises for thirty years, after a vote,' both going through without a dis senting vote. The horse doctors won over the veteri nary surgeons In the defeat of the bill re quiring practitioners of veterinary surgery to be able to show diplomas. The senate passed the bill defining due diligence In tb collection of checks and drafts, and fixing liabilities for dumages by traction engine on highway. Two mora railroad bills went In today, on to prohibit paralleling tracks and the other to require connecting tracks at Junction point. Car-Ms Eleotlea Ratlftrd. TOPHKA, Kan.. Jan. 85. Th legislature today la Joint tension ratified the cleuttnn of Charles Curtis as United State senator for th long term, alio for the unexpired term of ex-Senator Joseph R. burton which latter cluss on March 4 next, and to nil which A. V. Henm.n was aroointed by Oovernor Hoch. The strict party vote of th republicans was given Mr. Curtis while x-l liltrtd States Senator William' Harris roalv4 th full Vol of tb doiuo- CHIEF MAKES HIS DEFENSE Donahue Bep'iti to Charees of the Civio Federation Eetrardioe Uceint:. The hearing of charges filed against Chief of Police Donahue by the Civic Fed eration w as ' taken up at 2 o'clock yes terday afternoon by the Board of Fire and Police Commissioners and continued until Monday with the Intimation the charges will be dropped. The charges were based on an order Issued by the chief to his captains, whom he Instructed to follow the order of Mayor Dahlman. who ordered the police department to desist from disturb ing violators of the Sunday closing feature of the Slocuinb law. A few days later the chief rescinded ass order, with the result that the lid went down uut Sunday. The chief presented a written answer to the charges. This embraces the chief defense: 1. That on January- 12, 1907, James C. Dahlman, the duly elected and acting; mayor of the city of Omaha, pursuant to tha power In him vested us chief f xecu tive officer of the city of Omaha, promulga ted and caused to be delivered to the un dersigned as chief of polk' of said city, an ottiilal order. In words and figures as tollows: "As chief executive of the city of Omaha, I hereby direct you to no longer use the pillre department in keeping the saloons closed on Sundays. The police department is inadequate to give proper protection to our citiaena, especially when they ehould be watching out for crime and criminals. I wish you would have this order obeyed on ani after this date." 2. That conformably with and for the purpose of carrying out said executive order the undersigned on the same date issued an order to the captains directly in charge of the police force of the city of Omaha, in words and figures as follows: "Hereto please find copy of an order fiom his honor, the mayor, which is self explanatory. You will see to it that the saloons keep their front doors closed, per mitting no one to enter or leave by the front way. You will also see that they are strictly orderly. No music, singing or loud talking will be permitted. You will In struct the. officers that when they hear any disorder in the saloons to call up the sta tion at once and notify the officer In charge, and upon such notification the officer In charge will cause the arrest of the saloon keeper and close his place and he will be charged with keeping a disor derly house. Do not permit the saloons to be lit up at night or In any manner glvo them the appearance of being open." Believed It His Duty. 3. Further answering the undersigned respectfully shows and represents that in respect of said order ao communicated to him he believed that it waa his duty and right to observe and carry out the same, he having been advised and In good faith and conscience believed that it was the province of the mayor of said city as its chief executive officer to issue snd caused to be enforced said order, and that it was not the privilege or right of tb under signed to question or resist or refuse to recognize or to enforce said order, which was one pertaining to the government of th said city. 4. Further answering, the undersigned respectfully represents and shows to your honorable body that he is not, and at the time of the issuance of said executive order was not, an attorney at law, or otherwise learned in the law, but mat It was his understanding, belief and opinion that the honorable mayor waa alone vested with authority to issue and cause to be enforced, through the undersigned and the police de partment, said specific order, or any other order pertaining to the welfare of the city of Omaha; and the undersigned la advised, believes and asserts the fact to he that It was the opinion of your honorable body that your honorable body possessed no power of authority to Issue said order or any similar order, and that a a matter of fact your honorable body, conformably to Its view In that behalf, has at no time tosued an order of said character, or any different order relative to this subject to the undersigned. 6. The undersigned further answering said complaint respectfully shows that It was not his Intention or purpose to violate any law of the city of Omaha or of the state of Nebraska In that behalf existing, and that It waa his understanding and belief that he was bound, and It was his duty to observe and obey the order Issued, and acting upon that belief he in good faith caused to be Issued the order so as afore said communicated to the . captain ' in charge of the polios of this city. Act oa Legal Advlee. t. Further answering sajd complaint the undersigned respectfully shows that he has, since the said order went into effect, consulted counsel learned in the law for the purpose and with the Intention of be coming fully advised as to his duties In the premises, and he has been advised that It is his duty to execute faithfully all orders issued, or to be Issued by the honorable mayor pertaining to the enforcement of the law within this city, except such orders which expressly, or by Implication, direct or permit him, the undersigned, to violate the law; and it is his duty at all times to ee .hat the laws are faithfully executed. 7. Further answering, tn undersigned respectfully represents to your honorable body that he will hereafter. In accordance with this advice as to his duty aa such chief of police, enforce with all -tue dili gence all laws, Including the law relating to the closing of saloons on Sunday, and to that end has Instructed and will con tinue to Instrutt, the officers and members of the police force to faithfully observe all of said laws; and he stands ready at all times to obey the orders of the mayor and of this board for the enforcement of the laws and the discipline of the police force In so far us they command him to art within the mandates of the law, and will consult legal advice and act accordingly only when such orders rslse a strong doubt as to their consonance with law. (Signed.) . J. J. DONAHt'E, Chief of Police, Thomas for Federation. Attorney Elmer E. Thomas appeared at the hearing for the Civic Federation and read th answer filed by Chief Donahue. Mr. Thomas asked for further time, that he might consult with the executive com mittee of the federation as to their wlshej in the matter. The hearing was continued to next Monday afternoon at Z o'clock. Th Civic Federation executive committee will m,eet Thursday or Friday. The best of feeling prevailed Wednesday afternoon between both sides. Mr. Thomas said the chief's answer put a new aspect on the case. It is believed the charge will not be pressed by the federation In view of Chief Donahue' answer. ANDREWS SPEAKS IN BOSTON Cbaaeellor of t'alveralty of Ifebraska Coatrasta College "Work East and West. BOSTON, Jan. 23. E. Benjamin Andrews, chancellor of th University of Nebraska and formerly president of Brown uni versity, received a hearty welcome at the annual banquet of tb Son of Brown of Boston 'and vicinity, held at the American house tonight Dr. Andrews spoke of the differences In the college work west and east. Th west does not concentrate college teaching, hs said, but It i more diversified, while the student are more enthusiast la He referred to, another type In th western college which he called "the Infidel prig," who, he said, had no religious belief and waa proud of it Wolrott gaalthsoalaa Secretary. - WASHINGTON, Jan. H Charles D, WoL cott. director of th geological survey, to day waa elected secretary pf th Bra It a -sonlan Institution by th board of regents at its annual mswtlng. DENVER RATE .HEARING ENDS Mr. Proaty Soa-teae That Rrdaetloa of Local Tariffs WesM Give Relief Desired. DENVER. Colo., Jan. ZS. The hearing be fore Interstate Commerce Commissioner Charles A. Trouty on the complaints of the Mei chants' Traffic association and George J. Kindel, manufacturer, sllecing Illegal discrimination against Denver by the trunk line rallrcnds In freight tariffs, was con cluded this afternoon. The most important development today was the suggestion by Mr. Prcuty that the local rates between Missouri river points and Denver and Denver aod Utah points be reduced. Instead of establishing a new basic division point at Denver, as asked for by the petitions. If this were done without a corresponding reduction in through rates he thought it would give a measure of re lief to Denver without great harm to other pt'lnts. It was brought out that the rate from Denver to Ogden waa 80 per cent of the through rate on all classea and commodi ties, and the rate on the same good from Omaha to Denver was 00 per cent of the through rate. Therefore, where goods were broken in bulk at Denver and transshipped to Ogden, the total crt was 140 per rent of the through rat. Mr. Prouty asked If It would not be pos sible to cut down this per cent to about 120 per cent of the through rate. Mr. Wild of the Rio Grande said he would be willing to meet with the traffic manager of the Unkm Pacific railroad to discuss ruch a matter. A. J. Spengel, president of the chamber of commerce, was called to the stand by Attorney Costlgan and explained that the chamber of commerce had Intervened in the case for the purpose of securing for Denver the same rights, terminal and oth erwise, as Missouri river points. Commissioner Prouty announced that there would be a vigorous protest en the part of Salt Lake If a basic line should be established at Denver, as It would allow Denver almost to reach the gates of Salt Lake, as competition from the Pacific const now reaches it on the west. He asked Mr. Spengel whether It would relieve the situa tion if rates were reduced as he had sug gosted to Mr. Wild. Mr. Spengel answered that he thought It would, and the commis sioner said he thought that something of the kind ought 'to prevail in the case of Denver. Mr. Prouty added that tho case of Denver depended to a great extent on the disposition, of the case of Spokane, which would be heard further at Portland, April 15. If it was desirable to hear fur ther evidence In Denver It would bo heard here on April 22. Arguments In th case would be finally heard at Washington, June 8. Tomorrorw morning testimony will be heard In the cattle raisers'' cases. MESSAGE FROM SWETTENHAM British Colonial Office Decline to Make Pnblle Explanation of Governor of Jamaica. i LONDON, Jan. 23. The Colonial office now has official advices from Sir Alexander Swtttenham. governor of Jamaica, concern lnK the exchange of letters between him self and Rear Admiral Davis. , The extent of the .advices, however, and whether - tjiey xcoutA. axi explanation, - an atology or extenuating; circumstances has not been disclosed. i It appears -that the Imperial authorities requested th governor of Jamaica to send t,hem a copy of his letter to Rear Admiral Davis. This has been furnished, and it show that the letter sent oat by the Asso ciated Press was, to all Intents and pur pose, s. correct copy. Secretary of the Colonies Lcrd Elgin sent a second cable gram to Governor Swettenham asking him to give his version of the affair, and to this the foreign office Informed the Associated Press tonight no answer has yet been re ceived. WASHINGTON, Jan. 23. The president has finally dismissed the Incident connected with the refusal by Governor Swettenham cf aid from Admiral Davis, as is shown in the following letter, made public at the State department today, addressed by Act ing Secretary Bacon to Charge Howard of the British embassy: Sir: I have the honor to acknowledge the receipt of your note of yesterday, by which you communicate the substance of the instructions received by you from Sir Edward Grey in reference to the Jamaica Incident. I hasten to assure you that on behalf of the president this government will my no heed whatever to the matter, nnd very much appreciates the frank and ready courtesy and considers tlon shown in this dispatch by 81r Edward Grey. KINGSTON, Jamaica, Jan. 22. Two earthquake shocks, the heaviest since the destructive ones of January 14, were fe'.t here at 2 o'clock this afternoon. Several buildings were thrown down and there was great alarm among the people. No one was Injured. The Daily Telegraph, In a scathing ed itorial article, , arraigns Governor Swetten ham as follows: "We would be unfaithful to our duties as exponents of public opinion if we failed t call attention to the extraordinary conduct of his excellency In the present crisis. His general behavior at a moment of great peril and difficulty was unworthy of a re sponsible British official and even a cul tured English gentleman. The action of the governor waa absolutely reprehensible. We want a man who does not spend his time riding about the city cursing officials who are endeavoring; to work loyally. The people of this community have lost confi dence in his power and guidance and are Indignant at his autocratic, bullying and Insulting manner." STUDENT COMMITS SUICIDE Promt meat Yoansr Man from Kansas City Kill Himself In Hew York Hotel. NEW YORK, Jan. 2J.-Wlthln fifteen min ute after registering at the Grand Union this afternoon. Lathrop Smith, a student In the law school at Columbia university, from Kansas City, committed suicide by shooting. No cause for the act can be learned. His fellow students are unable to account for it and a message, apparently written Just before he fired th fatal (hot, was: "Mother and all the loved ones, Good by, mother, good bye." KANSAS CITY, Mo., Jan. 23. Lathrop Smith, who committed suicide In a hotel In New York today, was a member of one of th most prominent, famllle In (his city and was a well known leader In exclusive social circles here. He was a nephew of Gardiner Lathrop, general solicitor of the Santa Fe railroad, with headquarter in Chicago, and a son of Medlll Smith, gen eral claim agent of the Santa Fe. Young Smith was attending Columbia university In New York and hi relative her know of no reason which might cause him to take hi own life. Warraa'a Kleetlea Hatlded. CHEYENNE. Wvn. Jan. XL In Inlnt ion today the legutlature ratified th re election f Francis iu Warren as United BUkis ssnaiori SIRVET FOR THE MISSOURI Eirer and Harbor B.ll to Contain Appro prialicn tor the Work. BUCWVS CREDENTIALS IN THE SENATE Presented to Ills Filar Colleagnes by Senator Millard and Gives a Dinner by Senator Barkett. (From a Staff Correspondent.) WASHINGTON. Jan. 23.-(8pecinl Telc giam. ) A survey of the Missouri river from Kansas City to Omaha and from Omaha to Bloux City will be an item in cluded in the rivers and harbors bill to be lepoited to the house tomorrow, according to a statement made by a Missouri cch-grest-man this afternoon. This has been the contention of Congressman Kennely from the beginning of consideration ot th river and harbors bill. While the con gressman from the Second district Insisted upon a larger appropriation for snagging and clearing of the channel of the liver, he universally met one single objection that the people along the Missouri could not expect a large appropriation unless It was demonstrated to the committee that it was navigable and that boats were plying thereon. Taking this as his theme, Mr. Kennedy has camped on the trail of ths committee, urging that a survey be made by erglneer officers of the government to demonstrate that the Missouri Is capable of taking care of boat traffic from Omaha to Kansas City, and he Insisted further that tha expense of the survey should b taken out of the general appropriation for gen eral surveys throughout the country and not be taken out of the sum appropriated for the snagging and clearing of the chan nel between Kansas City and Omaha. To night Mr. Kennedy waa Informed that this provision will be taken care of In the blg gest river and harbors bill that has ever been presented to congress. Brown's Credentials Presented. Senator Millard today laid before the senate formal credentials from the Ne braska state legislature notifying th sen ate of the election of Norrls Brown to be senator from Nebraska for the full six year term, beginning March 4. Coupled with the presentation of Mr. Brown's cre dential Senator Millard proceeded to In troduce hi successor to leaders of the senate. Mr. Brown was presented to Sen ators AJdrlch, Hale, Allison and a group of western senators during the early morn ing hour and the Impression whiih Mr. Brown created was extremely pleasant to everybody concerned. When asked as to hi Impression regard ing the argument In the case of th state of Nebraska against the railroad. Involv ing taxes, before the supreme court. Senator-elect Brown said . that it would hardly become him to speak personally upon the, matter. He spoke of the Inter ruptions of counsel for the railroads by the court, but said that waa hardly a fair estimate en which to base an opinion as to the decision of the court. Personally he believed that the state had- made a fair presentation of the case and be believed that th Judgment of th court .blow would.be affirmed. '- Senators Dlvid on Salary. ' T Senator Millard today voted for, an in crease of salaries of th vice president speaker of the house and members of the cabinet and member of ths house an- sen ate. Senator Burkctt, however, took an op posite view and cast his ballot against the Increase. Senator Millard took the ground that officials of the government whoso sala ries are Increased by act of the senate to day are not adequately compensated,- and he believes It right they should have their salaries enlarged, and thinks that the amount of the Increase voted today was not gonerous enough. Senator Burkett, on tha other hand, while he will not refuse the Increase, seid that he had been against congressmen voting themselves Increases of salary ever since he was first elected, "While In the house," said the senator, "the question of voting ourselves an In crease of salary came before the committee on appropriations upon several occasions, and I was opposed to It. I have not changed my, views on this subject since coming to the senate,' and therefore have voted against the proposal to Increase salaries." Favorable Report on Land Bills. At a meeting of the senate committee on public lands this . morning the following bills, which have passed the house, were favorably reported and ordered to be placed on the senate calendar: Excepting certain lands In Pennington county. South Dakota, from the operations of tho provisions of section 4 of an act ap proved June H. 1906, enrolled "An act to provide for entry or agricultural lands within forest reserves;" also an act au thorising the secretary cf th' Interior to issue a deed of conveyance to Lyman Bal Icu to certain lands in Custer county. South Dakota. The senate today agreed to two resolu tions relative to settlers on public lands. One, a house resolution, extends the bene fits of the act of December 21, 1904, to en tries made prior to December a, 1904. The other, a senate resolution, grants a three months' leaves of absence to entrymen In Idaho from the date of the passage of the resolution. The secretary of the treasury today de cided Jo purchase the property offered by Lottie G. Norton at Kearney, Neb, as a site for the new public building in that city. The site is located at the corner of First avenue and Twenty-first .street, Its dimensions being 125x130 feet and Its cost 84.000. Dinner for Senator-Rleet Brown. Senator Burkett gave a dinner thi (veil ing hi honor of Senator-elect Norrls Brown. Beside the entire Nebraska delegation in congress being present, there were Attor ney General Thompson of Nebraska, H. W. Burkett, father of th senator; E.' C. Snyder of Th Omaha Bee, L. W. Thavis of the Nebrsska State Journal, J. C. Wei liver of the World-Herald and George Tobey, secretary to Senator Burkett. ' Minor Matters at Capital. Dr. M. H. Everett, a prominent phy sician of Lincoln, Is In Washington for a few days. Nebraska postmaster appointed: Oak, Nuckolla county, John P. McVey, vice F. Rutherford, removed; Orafino, Frontier county. John J. Baker, vice L. O. Rich ardson, resigned; Roca, Iancaster county. Arthur J. Tangeman, vice O. H. Bumford, resigned. Rural route No. 1 has been ordered es tablished April 1 at Farnam, Dawson county. Neb., serving 800 people and seventy-five families. Frank J. Noel has been appointed regu lar and Henry Hllkln substitute rural car rier for route i at Dubuque, la. A postofflc ha been established at El bo n. Stanley county, 8. D., with William B. Mohner, postmaster. The postofflc) at Waller, Monro county, la., and Sterna, Stanley county, 8. D., hav been ordered discontinued after Feb ruary U. EVIDENCE AGAINST BAILEY Aadltor of (III Cuaipany Identifies Vonebera of Payment to Texas Senator. AUSTIN. Tex., Jan. 23 Acting under authority of the Texas anti-trust law. County Attorney Brady this afternoon had If. Nmulln, one of the auditors of the Waters-Pierce oil company at St. Uuls. bremght before Judge J. D. Moore to secure testimony aa to the authenticity of docu mentary evidence held by the state In con nection wtlh the Waters-Iicrcc Oil com pany and which will be' used In the forth coming anti-trust suits sgalnst the com pany. This testimony now has a promi nent part In the Investigation of Senator Joseph W. Bailey by the legislative com mittee. Mr. Vfaudln, through his attorneys. J. D. Johnson' of St. Louis and R. L. Pcnn of this city, exerted every effort to refrain from passing upon the authenticity of tha papers, but he was finally ordered to do so by the court, the ruling being that the Texas anti-trust law granted the prosecu tion the right to get any statement from any one concerning esses at any time that they could secure witnesses. It was possi ble, added the court, that Naudin would be without the Jurisdiction of the state courts when the case was called for trial In March. Among the facts obtained from Mr. Nau din were that the notation on a voucher drawn In favor of Henry and Stribbllng of Texas for 81.&00. part of th documentary evidence, was placed there by Naudin him self on the date stated In the notation, and that the various signatures on other checks end vouchers and other documents In the possession of the attorney general of Texas are correct records of the transactions be tween the Waters-Pierce Oil company, Sen ator Bailey and. others. TWENTY COAL MINERS KILLED Bxploalon Wrecks nine of Colorado Fnel aad Iron Company Near Trinidad. TRINIDAD. Colo., Jan. 23. Twenty miners, according to the most authorita tive Information available this evening, lost their lives- as a result of an explosion which occurred at 3 o'clock this morning In th Colorado Fuel and Iron company' coal mine near Primero, twenty mile west of this city. Twenty coffin hav been ordered by the company from a local undertaking estab lishment. Two of the dead are Frank Hobat, miner, and R. J. Lumley, fir boa. The names of the other men killed hav not been learned, a the shift bos who checked up the men who went Into the mine last night I missing. All th men except Lumley were foreigners, most of them being Italian. The explosion stopped the air fan, which was not repaired until 1st today, and there Is little chance that any of the men In the mine at the time of th explosion are still alive. District Superintendent Robert O'Neill la person ally directing th work of rescue. Volun teer from adjacent mines are assisting. Rescuers hav boon divided Into two-hour shifts and work will be kept up continu ously until th antlre mine Is explored. An attempt Is being maae to force air Into the mine In hope that some, of the entombed men may be alive and thus pre vent their suffocation. John T. Kebler, manager of the Colo rado Fuel and Iron company, arrived from Denver tonight and left on a special train for Primero. Late advices are that the mine la badly wrecked. The rescue party has pene trated 800 feet and recovered four bodies, the names not being given. ST0CKVTEN TAKE ACTION National Convention Passes Impor tant Resointlona nnd Electa Officers. ; DENVER. Colo., Jan. 23. After a spirited debate today a resolution was adopted by the tenth annual convention of the Ameri can National Live Stock association sup porting the policy of the federal adminis tration In reference to tho public lands. Other resolutions were adopted as follows: Indorsing in gtowlng terms the efforts of Secretary AVllson in behalf of the live stock Industry and thanking the various branches of agriculture for their effort. Approving the organisation of the co operative jive stock commission company and pledging to it the patronage and sup port of the association. Indorsing the present meat Inspection liw. and opposing auy change placing the cost on the packers. Petitioning the federal government to take full and comprehensive census of live stock. , Indorsing a bill providing for the prompt furrlshlng of car and for the proper In terchange of loaded and empty car be tween railroads. Indorsing tenate bill 7887, which provides for "the furnishing of live stock equipment upon proper notice and for Its prompt movement. Los Angeln was chosen as the meeting place next year. Murdo MacKensie of Trinidad, Colo., was re-elected president, and T. W. Tomllnson of Denver secretary. Other officials were elected as follows: First Vice president, H. A. Jastro. Rnk ersfleld, Cal.; second vice president, J. A. I.oekhart; treasurer, W. E. Hughes, Den ver; attorney, S. H. Cowan, Texas. Among the new members of the executive committee chosen were: E. P. Myer, Hyan nls, Neb.; I. T. Pryor, San Antonio, Tex. Gilford Plnchot, government forester, who brought from President Roosevelt a mes sage to the convention announcing that "government control of the public ranges Is one of the fixed policies of the administra tion," addressed the convention today on th proposition of leasing the public do main for grazing purpose. RATE HEARING IN SEATTLE Northern Paclfle Official Say Hand Has Reached Limit of lis Capacity. SEATTLE, Waah., Jan. 23.-That the Northern Pacific railroad had reached the limit of its capacity as a single track railroad was tho principal defense put for ward as to the condition of freight con gestion that exists on the, sound by C. M. 1evy, third vie president of th road, and B. E. Palmer, assistant general superin tendent, at the Investigation before Inter state Commerce Commissioner l ane today. Mr. Levy said, that th road had con tracted for Improvements, which ar either under way or soon would be, and additional equipment, which would mean an expendi ture by the Northern Pacific of 873,000,000 In the next year and a half. Ga Pipe Breaks In Coal Bin. PIERRE, S. D., Jar. 23 (Special Tele gram. -iA broken gas pipe In a coal bin at th Indian school caused an explosion last night which practically wrecked lite engine house and caused damage to the amount of about 86,000. No one was In the building at the time but the engineer, and he escaped without Injury, ITIMllllV I I t ' I ItT 1L1UHML 1AA LAW (larke of rote'.ns ii Makine Headway Among Members on flutter. RAILWAYS OPPOSE THE MEASURE 6ITTERLY Corporation Ifforta Be, i s: "teadily Directed Aeainst (Inch Kfeced Law. FRIENDS KEENLY ON ALERT JUST NOW Probability of Iti Fataiee by Tresent lez lilatnre Eenre Gocd. SENATE KILLS PATR.CK'S ANTI-LOBBY BILL Stringent Law Proposed by Senator from Sarpy Gets lis Ostein In Committee of the Whole After Sharp Debate. (From a Staff Correspondent.) LINCOLN, Jan. 23.-(Speclal.)-Oraduall the forces In the legislature are lining up for a battle over the taxation of railroad terminals for municipal purposes. The re cent statement by Representative Clark, in which he showed the absurdity of th railroad contention that to tax railroad terminals locally would be to take money from the school funds of the various dis tricts of the state, tins had good effect but Inasmuch a, the railroad forces ar more determined to kill this measure than any other, Representative Clarke and those other republicans who desire to keep the pledges made to the p:ople, realise It will not do to relax their vigor at any stag of the game. County Commissioner W. O. Ure of Doug las county came down this afternoon to look over the situation and to put In a good word for terminal taxation should It be necessary. It has been found the bill which Mr. Clarke Introduced Is not ex actly right In all Its detail In that It I now believed the title of the bill doe not exactly fit Its contents. For that reason the bill will again be carefully gone over and no loophole left by which th railroads could escape paying these mu nicipal taxes when It becomes a law. Pollard aa Interested Spectator. R. D. Pollard, tax commissioner of the Burlington, also visited th corridors of the state house this afternoon, but Mr. Pollard said he did not know whether he would be called upon to appear before the com mittee on the terminal taxation bill. Mr. Pollard has been looking after the taxes of th Burlington for the Inst seventeen years or more, during which time he has appeared annually before the State Board of Assessment snd spoken for his road. Incidentally, the'Joint committees of th senate and house selected to draft a pri mary election bill and a bill for th taxa tion of railroad terminals for city pur poses, have not yet met and organised. The delay waa explained this afternoon, however, by a statement that some of tha men on thesj two committees are on the railroad committee and they have been too busy to organize, the latter com mittee ha .been having nightly .meetings. The house, spent flearfy all of Its time today fighting over printing th dally Journal and making accusations against the State Journal and the other printing firms in the Printing trust, while the sen ate killed the Patrick anti-lobby bill. This latter action had been anticipated. Inasmuch as Patrick Is a fusionlst and hi employment as local attorney for the Burlington did not help his measure. Two Dongln County Dills. Of importance to the people of Douglas county and to Omaha are two bills which were Introduced in the house this after noon by Mike Lee of Douglas. One cre ates the office of county comptroller, al lowing the man elected to the place a salary of 83.600 a year and a deputy whose salary shall be 32.000 a year. Th duties prescribed are the duties usually attaching to such a position. The other bill amfnds the Omaha charter relating particularly to the office of city engineer, and designates the sum to be act asldu for the maintenance of the various d purtments of the city government for th-i flicnien. It Is provided no employe of the city engineer's office or under tils direction shall be permitted to solicit a vote for any candidate for office, and after serv ing the city for six months he shall not be dlschsrged except for cause or by rea son ol a lack of work. The municipal tax levy Is Increased from J7S0.0O0 to 3900,000. and 3250,000 Is set a?!d as a sinking fund, though the coun cil may Increase the total to $1,500,001. The council may, by unanimous vote, with the mayor concurring, Issue bonds to pay current expenses In the sum aggregat ing the difference between the gross sum levied and the maximum amount which may oe levied. The bill provides the following sums for the special departments, as compared with the last blennlum: 1S05. 1907. $190,001 190.001) 70,00(1 2,000 75.00J Fire department ... Police department.. Lighting streets... Library fund Park board .$175,000 . 115.000 . 70.000 . 23.000 . 80.009 Not less than 850,000. For repairs, such as ordinary grading! tools, street ompyiyeH, curbing, etc., $200. i'l, and no less than $190,000. Tills shall be known as the public works fund. Th last legislature set aside 840.000 for pav ing and curbing, 330,000 for repairing un.l 32U8.000 for a general fund for this de partment. Printer I'nder Dlaenaslon, In a heated discussion In the house this morning over the proposition by Cone of Saunders to have the Journal printed dally and the same pistes used In printing the complete journal at the end of the session, a number of the members made serious statements rerardlng the Lincoln Stc.t Journal and one of its clulmn which came before the last legislature. While one or tws referred to It. C'lnrko of Douslu in explaining his vote sa'd a daily Journal laid on each member's desk was r. necessity un l that If it hsd not been for the Dally Journal the state would not be out Ji.CoO. Ttils amount he said was allowed the St it Journal - for printing unofficial supreme court reports. When the appropriation bill reached the senate this Item was cut out, but it was put back In the bill In the en grossing room. A senator wl.o read ills daily Journal carefully, he said, and was fol lowing this Item. ca:ieht it and the claim was withdrawn from the Auditor's office. Whll3 many of the members thought a dally Journal laid on the d"w!: of the mem bers was dvslrable, a number of them voted against the Cone hum Ion b-- .use they feared the printing trust wi.uid prevent the work briny done at a teooinaMe prlrp. The Cone motion was h."t and the report of the printing committee, which was In sub stance that It had received a number of bid, but biivliig nun of them "1)'j