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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 1, 1907)
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Omaha Daily Bee
VOL. XXXVI-NO. 19G.
OMAHA, FRIDAY MORNING, FEBRUARY 1, 1907-TWELVE PAGES.
SINGLE COPY THREE CENTS.
CAR RUNAWAY FATAL
One Dead and Fourteen Hut in Harney
SAMUEL THOMAS KILLER ON THE SPOT
lenry Deutci, Eiit? Years Old, Maj Die
BRAKES FAIL ON THE FROSTY TRACKS
Motor Leares Bails at Corner of Sixth and
tJ CRASHES WITH GREAT SPEED INTO STORE
Cruahee Life Oat of Mm an Sidewalk
an Allawe Few of nineteen
Passengers to Escape
SAMUEL THOMAS, Second and William
streets, teamster (or ths Baum Iron com
Henry Deutch, Fifth and Walnut streets;
right lea; fractured In two places; serious.
Mike Metrecha, Third and Center streets;
tight ear cut and head bruised.
Otto Epert 17J0 South Eighth street;
Sibli Vound snd bruised legs.
M torman Otto Selgren, Twentieth and
Grace streets; two ribs broken and bruises
to collarbone, head and body.
Conductor N. P. Sackelt 2663 Foppleton
Street; cut with glasa.
Km ma Konvalln, 417 Center street; face
and hands cut with glass and shoulder
A. H. EH rod, 1121 South Sixth street; face
cut with glass.
George J. lubler, 422 Cedar street, mall
carrier; Internal Injuries.
A. J. Donahue, laborer, living at 222 Ce
dar street, was cut on hands and face with
flying glass. His side was slightly bruised.
George Probst. 0 Cedar street, employe
Btors brewery, contusion of right shoulder
and glass cuts on fuce.
M. F. Mortimer, on Pierce street, face.
Scalp and body cut by glass.
Barbara Dohramagse, 214 Center street,
body badly bruised.
Two unidentified sisters; cut with glass
and taken home by father.
Samuel Thomas, a teamster for the Baum
Iron company, who lives at Second and Wil
liam streets, was killed and at least four
teen persons injured, one of them seriously,
when a northbound Harney street car, in
charge of Motorman Otto Belgren and Con
ductor N. P. Sackett, Jumped from the track
at the corner of Sixth and Pierce streets
about 8:30 Thursday morning while going
at a high rate of speed, ran across the
treet to the sidewalk and crashed into the
winder of the dru store of Charles R.
Caug'.ian, . toppling over on Its side and
imprisoning nineteen passengers.
Thomas was not a passenger on the car,
but was standing on the sidewalk In front
of tha Store, presumably waiting to board
the car, which crushed him between ths
Window of the drug store and the side of
the car as it fell over agalnnt the building.
Ths other victims were passengers, but
, miraculously escaped serious Injury, with
tha exception of 'Henry Deutch, who was
standing 6a ths rear platform when the
' crash' ome ard had his tig!' leg rivyrM
betweeft the car and ths sidewalk when
tha car fell over. His leg was broken In two
, places. Deutch Is 62 years of age.
V . Car Pluun-ee Across Street.
After leaving the tracks at the curve ths
street car dashed across the intervening
space to the sidewalk, tearing down an iron
water hydrant in its flight and crashing
Into) the front window of the drug storev
with a terrWo Impact, which threw It on
one side, and the passengers made their
escape through a shower of broken glass
and the rear door, as the motorman's vesti
bule and the entire right side of the car
to Us center was totally demolished. That
no more were killed or more seriously In
jured is considered remarkable.
The body of Thomas was crushed almost
Into a pulp, with the exception of his
face, which was not disfigured In ths least.
His body was caught between the side of
tha car and the lower part of the drug
store. Practically every bone In his body
from . his breast downward was broken.
Tha ribs on the right side were crushed,
his right shoulder smashed and the bones
protruding from tha skin, and both legs
wsre fractured In a number of places. Ho
was found lying with tha upper part of
bis body through the broken show window
and the lower part pinioned by tha debris.
He lived but a few minutes after being
extricated from tha wreckage. Ha la sur
vived by a wife, but had no children.
Coroner Bralley took charge of the body
and will hold an inquest Friday afternoon
to determine tha responsibility for the
Curve and Slippery Tracks.
' Tha scene of the accident Is at the curve
at Sixth and Pierce streets, directly at the
foot of a steep grade of nearly five blocks,
down which ths car dashed on tha heavily
frosted, slippery tracks. Motorman Bel
gren applied tha brakes with all possible
force, using quantities of sand and thsn
rsversing tha current, but ths car had got
ten beyond bis control and gainsd addi
tional momentum with every foot traversed
until It was going at a terrific rata of
speed when it reached tha sharp curve at
Sixth and Pierce streets. The motorman
manfully stuck to his post of duty and
tugged at tha brakes even as tha car left
the curve and ran across tha street toward
ths curb and thsn on to the sidewalk.
When the car struck ths curbing and the
water hydrant It swerved toward tha west
and toppled over toward the north against
the store, pinning Thomas, who was di
rectly In its path, against the store build
ing. Tha motorman was thrown to the
.round with great fore, and had .wo rlbsJ
vivMvu. ur.iur, vuviauiiuu uiuer ui unci
... . . ... ,, . . ,
hi head and body, as well as being cut
several place by glass. It Is not believed
that his injuries will prove serious! He
was assisted to his horns by friends.' '.
The passengers and conductor were un
able to jump, even though it was plainly
evident that an accident was Inevitable, as
tha car had gainsd such momentum. Ths
conductor, Henry Deutch and a number
of passengers were standing on tha rear
platform when the crash came, but all es
caped with slight cuts from flying glass
Seen ot Desolation.
It was a soene of great desolation that
met the eyes of Police Surgeons Har
ris and Heine, who were rushed to
'the plsoa in tha patrol wagon, A crowd
I of thousands of parsons had gathered evn
at tha early hour, and the moans of t
injured were mingiea wun shrieks ad1
subs of women, and even man, who hej
coma at tha alarm to look for friends tr
relatives. Tha corner was In utter dark.
Been and tha injured were found by meaA
of lanterns, which were supplied, and ()
two police surgeons dresaad ths woun
of tha Injured where they happened to U,
on tha street, sidewalk or car trac&e
Polios Surgeon Harrta crawled In beta?
lConUnu a Second Page.)
SUMMARY OF THE DEE
Friday, Fehraury 1. lOOT.
1007 FEBRUARY 1007
uh mom mi win tnh mi sat
f S T 5 12
3 4 5 6 7 8 9
10 II 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28
FORECAST FOR NEBRASKA Ruin or
now Friday, warmer In northwest por
tion: Saturday, partly rloudy.
FORKCAKT FOR IOWA Ixteal rains or
mow Friday and probably Saturday.
temperature at Umifta yesterday
5 a. m.
6 a. m.
7 a. m.
i a. m.
9 a. m.
10 a. m.
11 a. m.
1 p. m....
J p. m....
i p. m....
4 p. m....
6 p. m....
6 p. m....
7 p. m....
8 p. m....
( p. m....
WABKTJf OTOJf . .
Senator Rayner charges the president
with assuming and exercising powers not
conferred on him by the constitution.
Mr. Bartholdt in discussing river and
harbor bill accuses the committee of dis
criminating against the middle west in
favpr of the east and south. Fags 8
President favors law to compel persons
in charge of houses of entertainment and
amusement to admit soldiers and sailors
In uniform. Fags 11
Ootid work of Congresman Kennedy is
showing results in appropriation tft im
prove Missouri river. Fags 1
Rivers and harbors bill reported to
house. Chairman Burton defends his pol
icy, saying no work Is to be started that
cannot be completed under appropriation
in the bill. Fags 1
Committees of two houses of Iowa leg
islature at work on primary bill. Fags 11
Nebraska legislators complain of high
per capita cost of keeping Inmates at
some of state institutions. Faga 1
Bill reducing South Omaha Fire and
IV) lice board to three recommended for
passage after a lively tilt. Faga a
Joint railroad 'committee bill defining
the powers and duties of the Nebraska
Railroad commission prepared. Full text
of the measure. Faga 1
Northwestern road files report of earn
ings in Nebraska showing net earnings
of two and a third miliums. Faga 3
Three Jurors in Thaw case are excused
from services after heated conferences
among attorneys. Three more men were
secured, making a Utal of eleven. Fags 2
Witness In Harrlman hearing at San
Francisco says Qraham steamship line
was forced out of business by unfair
Lieutenant and private charged with
murder for shooting alleged thief are
acquitted at Pittsburg under state law.
government having no ppportunlty to test
principle underlying the case. Faga 1
. - VOX.
vc-CnauiioJf Suu'mt Mt;"i'..a 4n.ylor it Chi
cago at 18-1 billiards by 100 to 186 In a
beautiful exhibition with the cue. Faga S
Street car runs from track at Sixth and
Pierce streets and Samuel Thomas is
killed; fourteen Injured and drug store
of C. R. Caughlan Is damaged, car going
through window. Faga 1
Civic Federation has tiled "additional
and supplemental" bill of complaint
against the Board of Fire and Police com
mission asking that gpvernor hear com
plaint. Failure to punish infraction of
the Slocumb law is charged. Faga 7
Permit for erection of building at Tem
ple Israel Is issued. The cost is estimated
at $60,000. Faga 7
Wabash and Great Western expected U
stand together in opposition to abolition
of proportional rate on grain through
Omaha. Faga 7
County commissioners decide to Intro
duce merit system In county service,
keeping records of each employe, on
which salaries and promotions will be
based. Fare 4
. Ordinance to regulate dealers In Ice is
prepared by assistant city attorney. Fine
and revocation of license is provided for
violation. Faga 4
comrcxii bluffs aits xowa.
Attorney Brown returns to Council
Bluffs and brings with him petitions for
nineteen salopn Injunctions. Faga 11
KOTtURI OF OCSAJT STEAMSHIPS.
Port. AniT4. 8.111.
NRW YORK 8laonla Torek.
..Cut! al Matna...La Lorran.
C. V. TeUJea,
, . .Prrtortan Partilan.
...Eiup. of Britain...
SOUTHAMPTON . .AQurlka. .
MOYER EVIDENCE DESTROYED
Documents and Photographs la Snfe
( Mine Owners Bnrned by
COLORADO SPRINGS. Colo., Jan. SI. A
special to the Gasette from Cripple Creek
says: "Through a Are today, alleged to
J,, docum;ntary ev,
f . . . .
.Jldence, photographs and other valuable
la1 I .V. . . v.. A iA
papers that were to
against Moyer, Heywood and Pettibone,
officers of the Western Federation of
Miners, charged with complicity In the
murder of former Governor Steunenburg
of Idaho, which had been placed In the
safe of the Mine Owners' association In
this city, are believed to have been de
stroyed." The liquid will ignite by spon
taneous combustion when It comes in con
tact with the air. The combination on ths
safe has been affected by the heat, and It
is Impossible to open it and ascertain tha
extent of the damage.
WILL OF LATE SENATOR ALGER
All Property Eieesl SJW.OOO Is Given
t Widow and Five
DETROIT, Mich- Jan.' The will of
tha lata Senator R. A. Alger, filed this
afternoon In the probate court, leaves all
of hia. estat excepting $30.W0 to hi. widow
and flv. children. Tba stmiof i brother,
Alger, of Hannibal, Mo., Is
left $10,000 and
Charles U. Alger
au.jr urut. owoea oy
to tne esiat are can-
TARE NOTICE OF MISSOURI
OoicTeismsn Burton Admits Then it Hope
for Traffic an tba Stream.
DIFFICULT PROBLEM TO CONTROL IT
Owners ef Land la Sand Hills Both
ered by Stream on Government
Holdlaars Fllllaa; I p with
tha Drifting Sands.
(From a Staff Correspond11-)
WASHINGTON. Jan. Sl.-(SpeclaI Tele
gram.) The Interest which Representative
Kennedy has taken In the development of
the Missouri river, not only before the
committee on rivers and harbors, but with
delegations that have come here from
states Interested In Missouri and Mississippi
river projects, has been more than Justified
by the statement which Chairman Burton
of Ohio, In charge of the waterways ap
propriation bill, made In the house today.
In explaining the general features of the
bill, which carries upwards of $84,000,000,
Representative Burton made these obser
Borne years ago there was an earnest
discussion In the house with reference to
the Missouri river, and it did not seem
best to continue any very expensive im
provement which had been undertaken
upon that stream.
"In the last year, however, there has
been a revival of the movement for navi
gation. Both at Kansas City and at Omaha
it Is contemplated that boats will be built
for river traffic. The committee thought
best to recommend an expenditure of 1300.-
000 for the Missouri, H5O.0OO to be expended
below Kansas City, $100,000 between Kansas
City and Sioux City and $50,000 above Sioux
City. This amount is primarily to be used
for clearing the river of snags, unfor
tunately It Is a stream which does not
yield favorable results to treatment by
dredging, although here and there a little
dredging may be done. It Is the opinion
of the committee that there In no middle
ground between Improvements of this na
ture and very extensive Improvement, cost
ing as much as $100,000 a mile below Bloux
City, and $38,600 a mile above that place.
That la the estimate of the engineering
board which has passed upon It,
Give Hlver n Fnlr Trial.
"It is desired, however, that a fair trial
be given, and if the traffic Is developed
further appropriations ' may be made. It
has been thought, and I cannot sea why
with Its great volume, wun large wwm
upon It, navigation should not develop
and be maintained. The fact that It has
been in such a state of decadence has been
largely caused by railway competition, suf
ficiency of railroad provision for carriage
of freight, and extreme difficulty of secur
ing satisfactory results In ita Improvement,
I would state that the committee In prior
years thought best to abandon any large
appropriation, and I think they would still
be of that opinion, largely because of the
enormous expense required, and further be
cause it appeared that although $10,000,000
had been expended, this smount had been
distributed very largely over a limited area
Sand Fills Tr Waterway.
'Nebraskana who own land In tha neigh
borhood of Hyannla complain that their
lands are greatly damaged by tha backing
up of water caused by the filling up with
sand of a natural water course which
traverses government land upon which
there are no honystead entries. These
cltlxens wish to drain their lands and the
only way It can be done Is to clear out the
sand In the stream and maintain a system
of drainage somewhat after the form of
ditches for irrlgaUon. These landowners
want the waterway to follow In the old or
natural! channel and wish to adopt means
to prevent the diversion of the channel by
the accumulation of sand in the stream.
Senator Millard was appealed to by these
landowners to obtain information from the
Interior department as to whether or not
the federal laws cover such cases. The
senator was advised that there Is no law
under which authority may be given to
landowners for the digging of such ditches
nor Is there any law which would prevent
these parties from opening' the channel of
the stream as desired with the object in
view as set forth In the above.
Petition for Evnns.
Senator Millard today received a peti
tion signed by 'all officeholders In North
Platte In behalf of John E. Evsns, who
was over a month ago recommended by
Senators Millard and Burkett for the office
of register of the United States land office
at North Platte, Neb. Senator Millard
presented the petition to the secretary of
the interior and urged him that the case
be taken up at once with the president and
a nomination sent o the senate.
Plnea for Omaha Boy.
Upon tha recommendation of Senator
Millard. Sergeant-at-arms Ransdell today
appointed Stanton Kalk of this city, for
merly of Omaha, a page In tha United
Slates senate. Stanton Kalk is a grand
son of ths lata General Stanton, retired
paymaster general of the army, his mother
being Mrs. Flora Stanton Kalk, now hold
ing a clerical position In tha PoetofSoe de
partment here. Stanton Kalk Is 12 years
of age and is a son of an army officer who
lost his Ufa In the Philippines.
Money for Fish Hntchertas.
Tha houss committee on merchant marina
and fisheries today mads a favorable re
port on the omnibus bill to establish flab
batching and fish culture stations la soms
twenty-five states ot the country. Thesa
stations are to be established at suitable
points, to be selected in tha discretion of
the secretary of commerce and labor, In
cluding purchase ot site, construction of
buildings and equipment. The bill carries
an appropriation, to be Immediately avail
able to make surveys for locations of sites
of these fish hatcheries, and it all are
located tha expense to the government will
be close upon $700,0u0. South Dakota mem
bers secured the Insertion of an item for
$2,000 for their state, with a tacit under
standing that a fish hatchery ststlon will
be located at Dell Rapids, Minnehaha
county. Wyoming is also to have a fish
culturs station costing $2S,0uO.
Minor Mntters at Capital.
Tha senate today passed a bill to reim
burse tha Nye A Schneider Co. of Fre
mont for an unpaid lot of coal furnished
tha government for use at the postofflce
at Hastliigs. Tba relief bill has now passed
both houses and goes to the president for
Complete rural delivery service has bean
ordered established la Calhoun county.
Iowa, to be effective April 1. Tba total
number of route In the county la twenty
five, of which tha following are new:
Manaon, route 4; Tatter, route 1. Other
routes In tha county are as follows: Jo)
rout- ,. Knterlmi ,. jk. c,
j rouU, j , an(, f. u, ,
; and 4;
Manaon, routes 1, t and t; Pomeroy,
touiaa j ,nd
t; Somers, route 1; Rockwell
Continued on Savond Puxe.J,
SKIRMISH ON ANTI-PASS BILL
Flllbnsterlna; Ftnnlly Lands Mensnre
Among tha I'nanlshed
PIERRB, 8. D., Jan. 81. (Special Tele
gram.) The first skirmish on the anti
pass bill In tha house csme up late this
evening after a motion to adjourn had
ben voted down snd the advocates of
striking out the emergency clause gained
a partial victory. Glass opened for the
bill In a hot speech, scoring the railroads
for usirg the pass to secure legislation
and Foster moved that the measure be
referred to to the committee of the whole
for consideration. Tha speaker ruled this
should require suspension of tha rules with
a two-thirds vote, which failed, although
the motion had a majority. An adjourn
ment was then secured on roll call by a
vote of 48 to 32. This carries the bill Into
unfinished business and requires suspen
sion of the rules to get It out.
The house made law by passing the sen
ate bill, placing the burden ot proof on
anyone who attacks the validity of an or
der of the railroad commission.
The 2-cent rata and county option bills,
which were on tha bouse calendar as
special orders, were neither called, both
sides playing for time.
The house passed tha house bill limiting
the hours ot labor fer railroad employes
and several minor measures and killed
the marshal bill and one appropriating
money for tha senatorial Investigating com
mittee. The senate passed the t-cent rate
bill without debate by a vote of 80 to 11.
after the Interchangeable mileage part had
been stricken out The bill appropriating
money for the senate Investigating com
mittee passed, but with reference to the
wrong resolution, one which was never
adopted. Another long Hat of bills was
presented in both houses, the only one of
special Import being the antl-treatlng bill,
Introduced by Carpenter In the senate.
THOROUGHBREDS BRING BIG PRICES
Average of Elathty-Sevea Dollars for
MITCH EL.I 8. D., Jan. l.-(8pcl Tele
gram.) Eighty-eight head of thorough
bred cattle, comprising Shorthorns, Aberdeen-Angus
and Polled Durhams, were sold
this afternoon under the auspices of the
Squth Dakota Improved Live Stock asso
ciation, and the amphitheater was filled to
Its utmost capacity by the stockmen of
the state. In the Shorthorn class a bull
owned by C. C. Sippel of Faulkton topped
the entire sale at $280 and was bought by
W. J. Carey ot Ellis, S. D. In the Polled
1 Angus class two bulls brought $100 each
and both were purchased by T. H. Stratton
of Odebolt, la. In the Hereford class a,bull
owned by tha South Dakota Agricultural
college sold for $130 to O. W. Mable of
Parker. The entire amount of the sales
was $7,714, making an average of $87 per
Colonel Corey Jones, one of the auction
eers, made the statement at the close of
the sale that South Dakota held the record
In the United States for a sale where the
largest number of registered cattle were
sold at an afternoon sale. Tha prices were
much higher than a year ago and It was
a matter of Important comment among tha
stookmen that tha quality of the cattle
was far superior. , s
Addtesses were delivered this evening by
Dr. Ramsey of Washington, D. C, on "Gov
ernment Meat Inspection." and by A. T.
Chamberlain on "The Relation of the
Farmers' Institute to the Farmers." A
large number of farmers attended the
meeting this evening and It was a sort of
school of Information resulting from tha
discussions. The association will adjourn
tomorrow morning with tha election of
SOLDIERS ARE ACQUITTED
Lieutenant and Prlvnte Who Killed
Alleced Thief Exonerated
by a Jury.
PITTSBURG, Jan. L. Lieutenant Ralph
W. Drury and Private John Dowd of the
Ninth United States Infantry, who have
been on trial this week charged with kill
ing William H. Crowley, a citizen of Law
rencevllle, September 10. 1903, were ac
quitted today, the Jury bringing in a ver
dict of not guilty. The Jury had been out
Drury and Dowd were at once released.
Crowley was shot while trying to escape
from the arsenal grounds, where. It was
alleged, ha waa stealing copper from the
roofs of the government buildings. The
verdict does not decide tha question of
what is tha duty of a soldier under similar
circumstances. This is tha question the
government desired to have decided, but
Judge O'Connor made it plain that the
order a soldier had received or army regu
lations had nothing to do with the present
case. Ha charged tha Jury that It was the
duty of a cltlsen of Pennsylvania to arrest
a man caught In tha act of committing a
felony, even If ha had to break down doors
or inflict injury on tha felon to accom
ROYALTY IS 10 VISIT PARIS
King aad tin eon of England Will
Go to tha French
LONDON, Jan. $1.-Ktng Edward and
Queen Alexandra are going to spend a week
In Paris before the opening of Parliament
They start February 1, returning probably
February t. The king will be the guest of
Sir Francis L. Bertie at tha British em
bassy, while the queen will stay with tba
Earl and Countess de Grey, who have a
residence In the French capltol.
There has been no previous hint of tha
trip, which is described officially as purely
personal and private. It Is, however, re
called that the previous visits ot King
Edward to Paris hsva been followed by
the strengthening of the Anglo-French un
derstanding, and the general Impression is
that the Interviews which will doubtless
occur between tha king and President Fai
lures and the foreign and other French
ministers during his stay at the s French
capital will assist In tha extension of the
understanding, which some observers be
lieve will ultimately result in an Anglo
French military convention.
W. G. COPLEY IS EXONERATED
Coroner's Jnry Finds Iowa Wo ana
Killed Self aad Child la
WASHINGTON, Jan. tl.-After only a
few minutes of deliberation today a cor
oner's Jury In tha case of William G.
Copely. who waa held by the police in
connection with the death of bis wife and
infant child from pistol shot wounds Tues
day night, rendered a verdict exoner
ating him from blame.
Thia leaves tha official version of ths
affair to be that Mrs. Copely allied both
bar child and herself,
FOR RAILROAD COMMISSION
Bill it Beady to B Reported to the Joint
MEASURE COMPREHENSIVE IN ITS SCOPE
Gives Authority to tha Haw Body aad
Deflnes Its Duties, Outlining
What Is to Ba Expected
(From a Staff CbrreanondenO j
LINCOLN. Jan. 81. (8peclal.)-Wlth the
exception of one section the bill giving
authority to the State Railway commission
and defining the duties of the commission
has been completed and will be reported j
to the Joint committee some time tomor
row. The section yet to be drafted will
provide that railroad agents must report
to the commission the contents of cars
loaded, and the contents of cars coming
Into the stste must also be reported to the
commission. This messure, which Is con
sidered the most Important of any of the
railroad measures, was prepared by Sen
ator Epperson of Clay, Senator Aldrlch of
Butler and Representatives Harrison of
Otoe and Walsh ot Douglas. The bill Is
as follows: ,
A bill for an act creating and defining
the powers, duties and qualifications of
the State Railway Commission and the
secretary thereof and fixing their compen
sation; defining railway companies and
common carriers, regulating the same and
providing the method of fixing, establish
ing and publishing rates and charges for
the transportation of freights and cars. In
cluding Joint through rates and Joint trafflo
arrangements, over and upon the various
lines of said railway companies and com
mon carriers; the method of making, es
tablishing and enforcing the general or
ders of said commission; defining unjust
discriminations; to provide penalties for
the violation of the provisions of this act
and to repeal all acts or parts of acts In
conflict herewith, and to declare that an
Eligibility aad Salary.
Be It enacted by the legislature of the
state of Nebraska:
Section 1. Eligibility, salaries of com
missioners, clerks, etc. The members of
the State Railway commission shall
be resident cltlxens of this state, and
qualified voters under the constitution
Ave years. No person shall be eligible to
the office of State Railway Commissioner
who Is directly or Indirectly Interested In
any railway company In this state or out
of It' or who Is In any way or manner
pecuniarily Interested In any corporation,
or any other common carrier subject to the
provisions of this act, and If such com
missioner, or any af them, become so in
terested, after his election or appointment,
his office shall become vacant; and If any
railway commissioner shall become so
Interested otherwise than voluntarily he
shall within a reasonable time divest him
self of such Interest falling to do this,
his office shall become vacant
No railway commissioner shall hold any
office under the government of the United
States or of this state, or of any other
state government; and ehall not while such
commissioner engage In any occupation or
business inconsistent with his duties as
The governor shall fill all vacancies In
the omco of railway commissioner by ap
pointment and the persons so appointed
shall fill said oflce until the next general
election after his said appointment
Before entering upon the duties of his
office each of said commissioners shall take
and subscribe to the oath or omoe pre
scribed In the constitution, and shall In
addition thereto swesr that he Is not. di
rectly or Indirectly, Interested In any rail
road, nor In the bonds, stocks, mortgages,
securities, contracts or earnings of any
railway company or common carrier, and
that he will, to the best of his ability,
faithfully and Justly execute and enforce
the duties devolving upon him as such
railway commissioner, which oath shall ba
filed with the secretary of state.
Each of said commissioners shall receive
an annual salary ot $3,000, payable In the
same manner that the salaries of other
state officers are paid.
In addition thereto the commissioners,
secretary and clerks and other employes of
said commission shall be entitled to re
ceive from the state their actual necessary
traveling expenses, which shall Include the
cost only of transportation while traveling
on the business of the commission, to be
paid out on the order of the governor upon
an Itemised statement thereof, sworn to
by the party who incurred tha expense and
approved by the commission.
Powers and Duties.
Section 1 Organization, powers and du-
Immediately after the members of said
commission have taken the oath of of
fice herein prescribed they shall meet at
Lincoln, Neb., and organise by electing
one of their member chairman and appoint
a secretary, at a salary of not mora than
twenty-five hundred dollars ($1,600) per an
num, who shall take tha same oath as tha
commissioners, and any person Ineligible to
tha office ot commissioner shall ba ineligible
to tha office ot secretary of said com
mission. Said commission may also appoint
not mora than two clerks, at a salary of
not mora than twelve hundred dollars
($1,200) each per annum, and such other
persons as experts as may ba necessary to
perform any duty that may ba required of
them by this act The secretary shall
keep full and correct minutes of all trans
actions and proceedings of said commis
sion and' perform such .duties as may be
required by tha commission. Tha commis
sion shall have power to make all needful
rules and regulations for tha government
of their proceedings. They shall bs known
collectively as the "Nebraska State Rail
way commission" and shall have a seal,
similar to the seal of this state, with tha
words "Railway Commission of Nebraska"
engraved thereon. They shall be furnished
with an office In the capltol at Lincoln,
Neb., and with necessary furniture, sta
iinnltes and all necessary ex
penses, to ba paid for on tha order of tha
Said railway commission may hold ses
sions at any place In this state whan
deemed necessary to facilitate tha dis
charge of their duties, and may conduct
the hearings and other proceedings pro
vided for herein, or under any other law
of this state, at such place or places In
tha state as may In the Judgment of said
commission ba tha most convenient and
practicable for determining the particular
matter before said commission.
Said commission shall have tha general
supervision of all railroads In the stats, eg.
press companies, car companies, sleeping
car companies, freight and freight line
companies snd any other common carrier
engaged In tha transportation of freight or
passengers by railroad, street railways In
metropolitan cities alone excepted.
Said commission shall Investigate any and
(Continued ea Third Page.)
SCIENTISTS WIN THE FIGHT
Wilson Bill Acknowledged o Be Drnd
nnd Others Slnted for Same
(From a Staff Correspondent.)
LINCOLN. Neb., Jan. . (Special Tele,
gram.) What Is believed to be the end
of tha Christian Science fight In the legis
lature came late this afternoon when tha
cnate committee on miscellaneous sub
jects voted to recommend the Indefinite
postponement of Benator Wilcox's bill,
tver which the fight arose. The action was
taken without opposition, and as Dr. Wil
son, who made the hard fight on the bill
two years ago, Is chairman of that com
mittee, the action Is taken ss Indicative
that the attempt to get such legislation
through will be given up.
Since the meeting before the committee
Wednesday night it has been conceded by
the physicians themselves that the bills
coutd not be pushed through as they stood.
There has been some talk of lessening
the requirements Imposed on Science heal
ers, but the doctors declare this cannot be
done without destroying the whole purpose
of the bill, so It Is unlikely that anything
of the kind will be tried. Dr. Wilson still
has a bill In the senate which Is general
in its scope and requires all persons who
practice the art of healing tor hire to be
licensed by the board, and as this would
probably be taken to Include Christian
Science healers It may provoke a fight In
case there is an attempt to pass it. It Is
generally conceded by both sides ' now,
however, that no effective legislation as
desired by the State Board of Health or
the State Medical association can be
Harry Fisher of Omaha and Jacob Yung
blut of Lincoln, representing the State Re
tall Grocers' association, appeared before
the senate committee tonight In favor of
the Burns' pure food bill, which has been
endorsed by the state association. Several
representatlces of manufacturing Interests
and packing houses are also- here. They
are said to favor Senator Wilson's bill cov
ering the same subject, which puts tha en
forcement of the law In the hands of the
State Board ot Health. ,
FRENCH CABINET IN DANGER
Clemencean Government May Fall as
Result of ConSlct with the
PARIS, Jan. SI. -The existence of the cab
inet is believed to be in danger aa a re
sult of the clash In the Chamber of Depu
ties last night between Premier Clemenceau
and Minister of Education Brland. While
the Incident was superficially smoothed
over. It is learned that It was the result of
a radical divergence of views regarding tha
proposition of the French bishops.
M. Brland, like his chief, regards tha
proposition as being unscceptable In Its
present form but the former believes that
the door of conciliation should not be closed.
M. Clemenceau, however, will brook no op
position, and at the cabinet meeting held
today apparently carried his point, M.
Brland and Finance Minister CallLaux being
authorized to determine to whom the gifts
and legacies In possessor of the church
shall ultimately go. In default of the forma
tion of cultural associations under tha laws
to take over the church property.
Nevertheless, M. Brland. nticceeded In hav
ing the tssuanoa of tha circular to the pre
fects postponed until after tha next meet
ing of tha cabinet
Announcement at any moment of the re
tirement of M. Rrland from the cabinet
would not cause surprise and If ha goes the
whole ministry will almcett Inevitably fol
low. An authorized statement Issued by Cardi
nal Richard today denies that the bishops'
proposition was an ultimatum, declaring it
was offered In all sincerity.
TWENTY-FIVE BODIES FOUND
Remains of Part of Victims
Stnart Mine Disaster
CHARLESTON. W. Va., Jan. Sl.-The
bodies of nine of the victims of Tuesday's
explosion were brought to the surface to
day. Seven were identified as follows:
The bodies were brought up by Edward
Pickney, inspector of the mine, and John
I. Absolam, district mine Inspector, who
were the first to go down. Their trip was
one of great peril.
Tha men remained In the shaft for three
hours and found It a veritable charnel
house. Mutilated bodies covered tha bot
tom of the shaft so thickly that the two
rescuers found it impossible to move about
without stepping on them. They counted
twenty-six bodies, but after sending up
nine were so exhausted that tba others
were allowed to remain until the cage Is
put In working order.
Sixteen mora bodies were recovered from
the mine lata tonight Tha entries will be
penetrated tomorrow In an effort to recover
all the remaining bodies. It Is now re
garded certain none In the mine at tha
time of tha explosion escaped.
"THEATRICAL TRUST" INDICTED
Conspiracy la Restraint of Trada
Charged by New York
l Grand Jnry.
NEW YORK. Jan. a. The grand Jury
today returned an Indictment against the
j so-calied theatrical truiit charging con-
sptracy and restraint of trade.
Tha indictment is against Nixon at Zim
merman, Klaw and Erlanger, Charles Froh
' man and Al Hay man. who are alleged to
' constitute the trust. It was handed up to
I Judge' Foster In the court of general s-s-
slons today. Alfred Lauterbach, of ooun
I sel for the defendants, was In court and
I at once communicated with several of his
1 clients. Instructing them to appear In court
lo iv ueui.
Messrs. F rah man and Hayman are now
Abraham Erlanger and Marc Klaw ap
peared In court and were admitted to bail
in 11.000 each.
Pleading to the Indictments waa put over
Samuel F. Nixon and J. Fred Zimmer
man are said to ba in Philadelphia.
COUNT CREIGHTON IMPROVES
Favorable Conditions Follow a Day
ot Decided Improve
ment. That Count Crelghton waa soma better
was the opinion of Dr. Riley last night,
following a day of Improvement during
which the patient had a little mora than
an hour of natural sleep. It was neces
sary to again resort to artificial means to
induce aleep in the evening, and Mr. Crelgh
ton was still asleep early thia morning and
STATE EXPENSE BILL
Lecislatori of Opinion For Capita Cost Too
High in Boma Imtanoea,
INDUSTRIAL HOME LEADS THE LIST
f icht Against the Abolition of tha EtaU
Board of Charities and Correction.
HEARING TONIGHT ON PRIMARY BILL
Litelj Debate in Eenate Committee on
KDICATI0NS0F A HARD ROAD FOR IT
HeKeasoa Introdueea New Paro Food
BUI Embodying- Faatarea of
Several -of Ita Prcda.
(From a Staff Correspondent.)
LINCOLN, Jan. ll.-(8peclal.)-The esti
mate of the cost of the current expenses of
the various state Institutions for tha com
in blcnnium, prepared by the atate auditor,
considered with the report of Secretary
Flper of the State Board of Charities and
Correction of the number of Inmates of
each institution, shows the per capita cost
of maintaining some of the Institutions to
be consd. rablo. Some of tha members who
were shown the figures are of the opinion
In one or two Instance at least Nebraska
would save money by abolishing tha In
stitution and paying the cost of the keep
ing or education of the unfortunates In
private Institutions. For nstance It. costs
an even $000 a year to pay the current ex
penses of the Institute for the Blind at
Nebraska City for every pupil of ths
school, or H.ono a pupil for the blennlum.
It coats the stste $728 for the blennlum for
every Inmate of the Nebraska Industrial
home at MUford and $645.15 for each inmate
of tha Home for the Friendless at Lin
coln. This applies only to the payment of
current expenses, salaries, etc., and doea
not Include the money appropriated every
two years for permanent Improvements.
Th total amount of money asked for to pay
the running expenses of the various atata
Institutions, is approximately $1,000,000. The
per capita cost of the running expenses of
each Institution for the bennlum la as fol
lows: Soldiers' Home at Mllford $ 8S0S4
Soldiers' Home at Grand Island Sna.23
Asylum at Lincoln , K7.14
Asylum at Norfolk 627.30
Asylum at Hastings 420.18
Feeble Minded Inmtltute IS.'.OS
Girls' Industrial School 671 58
noys- industrial School 63S 31
Home for the Friendless 646 15
Deaf and Dumb Institute 437 04
Institute for the Blind l,fOno
Industrial Home at Mllford 72S.0O
At the Institute for the Blind at Ne
braska City there waa an attendance of
forty-nine November $0 last and It has bean
estimated the cost of the current expenses!'!
for the coming blennlum will ba $49,000 of'
Just $500 a year for each dudII. . 1
Amount of Cash Asked.
The amount of money asked for by each
Institution above named to pay current
expenses, together with tha number of in
mates or members In each at tha and of
the last blennlum Is shown In tha following
, . ,. ... expenses, hers.
Soldiers' and Sailors' Home,
Milford $ 81,521
Soldiers' and Sailors' Home,
Grand Island 168.230
State penitentiary 117,8X0
Hospital for Insane, Lincoln.. 201,200
Hospital for Insane, Norfolk.. 137,400
Asylum for Incurable Insane,
Institute for Feeble Minded
Girls' Industrial School 86,010
Boys' Industrial School 116,200
Home for the Friendless 40,000
Institute for Deaf and Dumb,
Institute for Blind 4.0tK
Nebraska Industrial Home .. 48,800
Nearly all of these Institutions
asked for appropriation for permanent Im
provements which, ot course. If appro
priated, will greatly Increase tha per capita
cost during the next blennlum.
Best of Douglas county wants every In
stitution reporting an estimate of tha cost
of current expense' to file with tha com
mittee a detailed list of tha number of
employes to ba paid out of tha appro
priation and what amount of salary la paid
to assistants, first assistants and to la
borers, "I want to know what tha eta.'
stands for In these estimates," said Mr,
Best. "I spoke to Mr. Stewart about this
at Omaha when we were discussing tha
appropriation he asked for to maintain tha
Institute for the Deaf and Dumb there.
I think the legislature should know all
about the number of employes needed, not
tha names necessarily, but tha number, and
then when we come to considering tha ap
propriation bills wa can act Intelligently."
Abolltloa of One Board.
Just at this tlma there la pending In tha
senate a bill to abolish tha State Board of
Charities and Correction and ss a reason
for Its existence Secretary Piper points
to tha large amount of money expended
each year for tha current expenses of
looking after tha state' a unfortunates and
he believes such a board should not only'
exist but this legislature should give It
mora authority and mora money with which
to enforce its authority, to tha end that
the unfortunates get tha treatment tha
atate wants them to get
Capital visitors were taken back to tha
old days this afternoon by ths appearance
In the Llndell lobby of R. B. Schnelier
of Fremont, Mr. Schneider came down
with Benator Reynolds and Attorney Sid
ner to talk to the house Judiciary commit
tee, which had under consideration H. R.
137, relating to drainage ditches, and so
well did he and they argue that the com
mittee agreed to recommend tp the house
that It bs engrossed for third reading
without going through the committee of
the whole. Tha bill provldaa fpr tha In
corporation of drainage districts. Ten or
more men may organise a drainage dis
trict under this act, and tha district shall
have power to Issue bonds to run twinty
years At not mors than par cent Inter
est. They have the power tp levy a tax
on the land within tha district for the
payment of the ditch and for maintaining
It, but should there ba any land In tha
district which the owner can show to tha
district court does not need dranlng, this
land shall be exempt from tha tax so
levied. The district under the bill shall
have tha right of eminent domain. Sen
ator Holbrook of Dodge county haa tha
same measure before the senate, and ha,
too, appeared before the house committee.
Tha liver in Dodge county, the Fremont
ers said, was playing havoc with land and
tha early pasage of tha bill meant con
siderable to land owners who have thslr
lands or large sectipns of It under water.
Burlington Lobbyist Lee Spratlen, whi,
It was said, during the last lagiaiatura
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