: ; f . HP i I HE Omaha Daily Bee VOL. XXXVI-NO. 19G. OMAHA, FRIDAY MORNING, FEBRUARY 1, 1907-TWELVE PAGES. SINGLE COPY THREE CENTS. it V J .A CAR RUNAWAY FATAL One Dead and Fourteen Hut in Harney Line Wreck. SAMUEL THOMAS KILLER ON THE SPOT lenry Deutci, Eiit? Years Old, Maj Die from Injuries, t . BRAKES FAIL ON THE FROSTY TRACKS Motor Leares Bails at Corner of Sixth and Pierce. tJ CRASHES WITH GREAT SPEED INTO STORE Cruahee Life Oat of Mm an Sidewalk an Allawe Few of nineteen Passengers to Escape ' Unharmed. Killed: SAMUEL THOMAS, Second and William streets, teamster (or ths Baum Iron com pany. Injured: 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 bruised. 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 man's death. 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 excepting Deutch. 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 Til WIATin. 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 Hour. Deg. Hour. Deg. .... 19 .... 21 .... 22 .... 22 .... 23 .... 23 .... 24 .... 24 .... 24 5 a. m. 6 a. m. 7 a. m. i a. m. 9 a. m. 10 a. m. 11 a. m. 12 m...., .... 18 .... 19 19 .... IK ... 18 19 .... 19 ... 20 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. Fags S 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 X.XOISLATTTII. 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 XTEB&ABKA. Northwestern road files report of earn ings in Nebraska showing net earnings of two and a third miliums. Faga 3 DOMXSTXO. 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 X.OCAL. 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. NEW YORK. ..Cut! al Matna...La Lorran. C. V. TeUJea, ,..Ma)le Canada.. , . .Prrtortan Partilan. NEW YOKK... LIVERPOOL..., LIVERPOOL..... HALIFAX tl KKN8TOWN BOfTON ...Eiup. of Britain... Sazonta. , Baltic. Ivarnta ...Bohamlaa. BOSTON.... PORTLAND, NAPLES.,.. Pll'IIIC 0LA8OOW.. HAMBt'RO. A!xandfia.. MB. Hibernian... .... P.rula Olulla ....Oo cartas.... '.'.'.'llwba Barooloaa. LONDON.. SOUTHAMPTON . .AQurlka. . MOYER EVIDENCE DESTROYED Documents and Photographs la Snfe ( Mine Owners Bnrned by "Hell Fire." 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 Children. 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, Charles M Alger, of Hannibal, Mo., Is left $10,000 and Charles U. Alger celled. 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 aannnBan 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 vations: 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 of river." 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 his signature. 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 Bnolnesa. 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 Dar'a Snles. 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 head. 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 the officers. 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 all night. 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 plish It. ROYALTY IS 10 VISIT PARIS King aad tin eon of England Will Go to tha French Capital. 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 WashlaaVtoa. 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 Leeislatite Committee, MEASURE COMPREHENSIVE IN ITS SCOPE Gives Authority to tha Haw Body aad Deflnes Its Duties, Outlining What Is to Ba Expected of It. (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 emergency exists. 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 such commissioner. 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- tle- - 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 governor. 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 Route. (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 passed. 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 Church. 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 Recovered. of 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: W. MINNER. JOHN HAMILTON. FRANK LOVKRING. JOHN MORRIS. THOMAS CRATHER. WALTER BLAKE. HENRY ROSS. 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 In Europe. 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 one week. 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 reeling 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 Interurban Iftatnra, KDICATI0NS0F A HARD ROAD FOR IT HeKeasoa Introdueea New Paro Food BUI Embodying- Faatarea of Several -of Ita Prcda. esaora. (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 Penitentiary 849.0t 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 table: Inmates For or current mem- , . ,. ... 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, Hastings 401,780 Institute for Feeble Minded Youth 113.400 Girls' Industrial School 86,010 Boys' Industrial School 116,200 Home for the Friendless 40,000 Institute for Deaf and Dumb, Omaha 83,675 Institute for Blind 4.0tK Nebraska Industrial Home .. 48,800 Nearly all of these Institutions 181 507 338 648 2l S&6 403 S3 274 61 191 49 87 have 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