Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 2, 1907)
Fhe Omaha : Daily Bee IIEVS SECTIG!!. Psgss 1 to 8. m bear I be) For THE OMAHA DEC Best thB. West VOL. XXXVI-NO. 197. OMAIIA, SATURDAY MORNING, FEBRUARY 2, 19Q7-SIXTEEN PAGES. SINGLE COPY THREE CENTS. NORMS HAS SEW BILL Two Judges for EeVraka and SeTn J?laces for Holding Court. PROSPECT OF ITS PASSAGE IS GOOD Msasurs la Prepared in Aooordaooa with Wishes of Committee. MEETS REQUIREMENTS OF SITUATION Depntj Clerk to Bi Appointed for Each Court Town, GRAND JURIES AT OMAHA AND LINCOLN Flu to Divide Stat Inta Twa DIs trleto U Abandoned Belag Oppaeed ta Recommenda tion of Department. (From a BUS Correspondent) WASHINGTON. Feb. 1. (Special Tele gram.) A bill providing- for an additional Judge in Nebraska and or the division of the state Into division! wae Introduced In the house today by Congressman Norrto of the Fifth diatrlot, who eonaldera this new bill will have a good chance to get through the preaent oongresa Judge Nor rl said that while he waa personally In favor and preferred that the etate be di vided Into two districts, he had ccme to the conclusion, from talking with different members of the Judiciary committee, that there was no possibility of sacurina; a fa vorable report on a bill of that kind. The committee has called attention to the fact that In cases similar to Nebraska they have declined to make additional districts, but have provided for an additional judge In the district. . The Department of Justice Is opposed U the division of the state Into two districts, and has a report on file with the committee, together with the opinion of circuit and district Judges who hold court In Nebraska, that such a course would not be advisable and would onJy make useless expense. Both the committee and the De partment of Justice, however, are agreed there is too much work for one Judge and that another Judge should be appointed In the district. " Committee Favors Kw Measure. Members of the Judiciary committee feel favorably Inclined- toward Representative Norrls proposition to divide the state Into divisions and to require the trial of cases within the division where they arose. Mr. Norrta has Incorporated "la b111 Poe tically all of the provisions In that respect that were Included tn the bill Introduced by him at the request of the delegation. He said today that In his Judgment the bill he introduced today would be favorably reported by the committee with but slight changes. If any. He thinks It gives com plete relief and gives practically all the advantages that could be had If the state were divided Into two districts, with the exception of the appointment of additional officials. The members of the committee with, whom he consulted regarding the mat- tar have. j4dibey .would allow. the. od(njr of court In four plaoes In the territory north of the Platte and, at, three .plates In the territory south of the Platte.-' In his bill Mr. Norrla fixes the plaoes north of the Platte at Omaha, Norfolk, Grand Island and North Platte, and south of fh Platte at Lincoln, Hastings and McCook. -The bill provides for the appointment of a deputy clerk at each place designated for the hold log of court. It provides for the summon- Irg of grand Juries at Omaha and at Lin coin, the Omaha grand Jury to have Juris diction over crimes committed in the terri tory north of the Platte and the grand Jury at Lincoln to have Jurisdiction over crimes committed south of the Platte. The bill also Includes several amendments suggested to Mr, Norrla by Judge Munger, among others being a provision that, the Judge shall have power to call a grand Jury In any division If In his Judgment the bus! nets of the court demands it Omaha's Reqnrst Is Reinsert. Benntor MlU&rd today received from the Postoftl 'e department a letter In regard to railway mall clerks on the Missouri Val ley tt Chadron railway postofflce. The Omaha Commercial club In recent, years baa made several efforts to get the depart ment to order the postal clerks on that Une to report to the chief clerk at Omaha It was thought Otrmha would profit by the accession of pr "-.ps twenty-five families If the change cu.ikl be effected. The de partment, howevur, has always resisted Senator Millard's efforts and today at some length gives Its reasons why the ohange which Omaha desires would be lm practicable and not In the Interest of pub lic service. Most of these' clerks live at Missouri Valley and Blair, since It is neces sary for them to devote several hours to work in the mall cars at Missouri Valley prior to the departure of the cars. Kvaae aad Woodharat Xomlaattoas. The nominations of John El Evans and . W. H. Woodhurst for register and receiver of the North Platte land office, which were recommendsd by the senators a month ago, with the concurrence of Judge Kinkald, but later were held up pending an investi gation of certain vague charges against Mr. Woodhurst, have been sent to the Whltt House by the secretary of the in terior and will probably go to the senate tomorrow for confirmation. At the Instance of one of the senators, Mr. Woodhurst reached Washington yesterday and saw the secretary of the Interior this morning. He was able to thoroughly satisfy that of fie ml of the groundlessness of the charges brought against him. Flab Hataherlee for Nebraska. ' It wa learned today that the omnibus fish hatchery bill, which will be reported in a few days, will carry 120,000 for a hatchery In Nebraska, the site to be selected by the commissioner of fisheries. Last year Senator Burkett Introduced two fish hatch ery bills for Nellgh and Wilbur, but having ) understood It would be Impossible to paas the measures and that an omnibus bill would be agreed upon, he did nothing fur- loer reaHiBius mvin- xiom w udut ana' Nellgh will be considered when the omni bus bill passej. Congressman McCarthy, who baa a pride In his district, would like to tee the hatchery located at Crystal Lake, believing that location la an Ideal one for a government hatchery. ., New Deal la W ramie. Rentiers Warren and Clark and Repre sentative Mondell of Wyoming have agreed upon a new deal for federal office. In that state, taking the portion that eight years Is long enough for any man to hold oh. to the government's pocketbook. Of the six good federal positions In the state Ave W1U go ta new men. The only man who will succeed himself. If the recommenda tions made ta the president are carried outl as the no doubt will be, la William El (Continued oa Second. Paws.) summary of the dee Satarday, Fehraary 8, JftOT. 1007 FEBRUARY 1907 TNU al gat I 8 Txa win. FORECAST FTm NTT.. AK A Rnow Wlth north winds Baturday.N. Sunday, fair. FORRCAST FOR IOWA-Snow and de cidedly colder, with high northwest winds Saturday. Sumluy, fair and colder In east portion. Temperature at Omaha yesterday: Hour, Deg. Hour. I P- m i p. m t p. in.. 4 p. 1U t p. m... t p. m ,.D.e!2 .... 4 .... 87 .... 37 rr ft a. m. a. m... T a m... .... 1U .... a; l ea 5M .... 2i .... n .... 28 ... to s a. mi. t a, m.. 10 a m.. U a. m 11 m 7 p. m. ., 37 8 p. m. ... 17 p. m 9) WABxnroTOir. President writes a letter commending the conduct of Rear Admiral Davis at Kingston. Page 1 Senate passes bill raising maximum pay of mall carriers to 11,100 a year. Page g Congressman Nprrls Introduces a new bill providing for an additional federal Judge for Nebraska and designating Omaha, Norfolk, Orand Island, North Platte, Lincoln, Hastings and' McCook as places for holding court. x rage 1 LEGISLATIVE. Iowa legislature proposes to add two members to State Railway commission in hope of securing a reduction lu rates. . Pare IS Benate members of Joint primary bill committee fall to attend meeting and house members are much put out. Page 1 DOMESTIC. Rumor of ultimatum from Japan is denied by Secretary Root and at the Jap anese embassy. f Page 1 Senator Perkins, in an address before the National Geographical society, says United States and Japan are natural com petitors for supremacy of Pacific and that war between nations Is sure to come. ' Para 1 Ann Arbor railroad is fined 116,000 fpr six .violations of F.lkini' law. Page I Twelve members of Thaw Jury secured and court adjourns until Monday. Mr. Jerome will seek to have one or more members of panel excused, but It Is not pnpbable that defense will consent. Pag B Decline of sixty prominent railway shares to lowest average since 1901 causes no corresponding reaction In commercial or manufacturing lines. Page 8 Oleo dealers of St. Louis are arrested by United States authorities for illegally dividing packages of oleomargarine. , stsbsasxa. "W. D. Strattonv a carpenter, is killed lu a dispute with a ranchman, John Bower, Reaiu 4lJi.i,lTh. -cpumar'a- Jury u rstuena verdict of "accidental shooting." Page 3 , Carryall containing eleven members of legislature, returning from visit to Grand Island Soldiers Home, overturned and sev eral of the party slightly Injured. Page S Governor Sheldon announces he will be unable for several days to take up the charges against the Omaha Fire and Police Board. Page 3 JjOOAXm A drop In temperature from 10 or 40 above to aero is reported from points in Nebraska -and South Dakota, and at mid night a big wind and snowstorm prevails, and It is atlll gnpwlng colder. Pag 1 Inquest over the body of Samuel Thomas will begin Saturday morning and strict inquiry will be made as to the cause of the street car accident. Henry Deutch is crippled for life. Page 11 Great Western and Burlington refuse to abolish proportional grain rates through Omaha. Page 11 Postmaster Palmer demands better man service on the Northwestern between Omaha and South Dakota points. He has taken the matter up with the Commer cial club. Page 13 Louis Bamonson and the city both claim title to lot B, block 18, Orchard Hill, and others allege title. Pag 11 W. G. Blvens seeks federal aid to re cover 11,000 rash and note for J220 paid for Kansas land which does not exist. He alleged that a Council Bluffs real es tate agent Is implicated in the deal. Pare 13 William Reese of 4105 South Twelfth street Is at Clarkson hospital suffering from hydrophobia as result of being bit ten by a dog December II. Page 13 Report of ctty engineer showing woik of department and extent of public work is made public Pag 13 Two boy found running opium Joint on Capitol avenue pleaded guilty. One was sent to Jail and another fined. Page 11 OOTSJTCXXi BX.TJPPS AJTS IOWA Federal court rules against Hal man on every point Involved In his attempt to secure title to land on Cut-off. Page IS Des Mplnea woman, who conducts a baby farm, arrested on the charge of murder. Page IS BPOBT. Hastings Racing association will vott soon on proposal to abandon race meet because of conflict of dates with Chautau qua week. Page 3 Motor boat Dixie wf a mile In 1:10 at Palm Beach, making new world's record. Page 8 STAMP TAX ON FUTURE DEALS Prepesttlen Is Hltivsrl that Wonld Dlacearege Baring and Bell lag; Oarteaa. I JEFFERSON CITY. Mo., Feb L The ' nat, colnmlttM today reported favorably the bill introduced by Senator Dowell pro viding for a stamp tax on every transaction la stocks, grain, cotton and provisos for future delivery. The tax stipulated la 35 cents on eaoh deal. The revenue so derived Is to apply oa the fund for Improvement of roads. " - The senate committee on railroads today favorably reported the 1-ceiit pusirnger fare bill, to apply on all roads In Missouri over hfty milts In length, snd 1 cents on branches less than fifty nil lea It is prac tically the same as the house bill, which Is ready for passage. Senator Devllblas Introduced a bill in the senate today providing for the erection of a new capttol at Jefferson City, to coat fi.000,- ouk The bill provides for an appropriation of l&oo.uoo for commencement of the work M -. - SUM WON TV! wta ' T 3 4 5 6 10 II 12 13 17 18 10 20 24 25 20 27 PRESIDENT COMMENDS DAVIS Chief Eieoutire Praises Conduct of Bear Admiral at Kingston, DIFFICULT DUTY IS WELL PERFORMED f Naval Commander Received gtoa, bat It Is Mot Gives Iacldeat la Consid ered Closed, WASHINGTON, Feb. L In unequivocal terms President Roosevelt today approved Admiral Davis' entire action in connection with his visit to Kingston, Jamaica; and requested the secretary of the navy to ex press ta Admiral Davis his heartiest com mendation of all that he did. The long-expected report of Admiral Davis of the circumstances leading up to the withdrawal of the fleet from Kingston reached the Navy department today and wa at one laid before the president- In asmuch as the president already has an nounced that the diplomatic phase Is a closed incident, the report Itself will net be made public. However, Seoretary Met calfe gave out the letter of Admiral Evans, commander-in-chief of the Atlantic fleet, warmly commending Admiral Davis for his conduct of a situation "which was, to say the least, somewhat embarrassing." The correspondence la supplemented by a strong letter of commendation of Ad miral Dnvls by the president and by Sec retary Metcalf. The letter from Admiral Evans, dated January 23, says: Respectfully forwarded, approved, to the secretary of the navy, through the bureau of navigation, the report and its appendices made by officers who were on the spot and therefore best able to Judge, appear to set forth the whole situation very clearly. The commander-in-chief feels he cannot too highly commend Rear Admiral Davis for the very dignified and masterly manner In which he conducted a situation which was, to say the least, somewhat embar rassing, and he deems tt particularly for tunate that there was at hand an officer such as he to deal with the problems. The commander-in-chief heartily approves the commendatory remarks relating to the officers and men of the ships who accom panied Admiral Davis, but they did no more than Is expected of officers and men In the navy, anrl no more than would have been done by officers and men of the other ships of the fleet and. Indeed, the ships nnt were not chosen above those of others of the fleet for anv other reason than that they were me nearly ready for steaming when the news of t' e disaster waa received. Letter front President. The president wrot to Secretary Met calfe, a follow: I have read carefully the report of Ad miral Davis submitted by you, together with the report of Admiral Evans com mending the actions of Admiral Davis at Kingston. I return them herewith and desire thst you express to Admiral Davis my heartiest commendation of all that he did at Kingston. I approve his entire action. He upheld the best traditions of our navy lu thus rendering distinguished service to humanity. Secretary Metcalf, In his letter to Ad mlral Davis, says: The department has carefully r-nsldered your report and those of your euo,rdlnate officers on the aid rendered by your squad, ron to the distressed people of Kingston, Jamaica, after the disastrous earthquake ami i-rmflairratlon. The reports, with Ad miral Evans' endorsement approving your actions and praising your sole perform ance of duty- hi he faca of ao-omek-coiw fusion ana nttnouity,' nave Deen suomuiea to the Dresldent. ' ' - The president directs the department to express to you nia neartiesi commenaa- tlon or nit you aia bi ivingmon. in nis note to the denartment he states that you UDheld the best traditions of our navy In thus rendering distinguished service to humanity and approves your entire actions. The department desires to add also- Its approval and commendation of your able services and those of the officers and men under your command. Filipino Ilaak BIll Favored. ' After consideration of the Philippine agricultural bank bill for - several weeks, the house committee on Insular affairs de cided today to favorably report the meas ure. The democrats on the committee op posed the bill. It la provided that the Philippine government may insure to an Incorporated banking company an Income of 4 per centum per year on the average amount of Its capital actually Invested' In agricultural loans. The corporation Is au thorized to charge interest not exceeding 10 per centum per year on loans. As an alternative, the Philippine government la authorised to advance capital and start the bank in case private capital cannot be induced to do so. . Brief Honor for Malkey, Senator Mulkey of Washington, who was sworn in Wednesday last to serve until March 4, the shortest term on record, was presented today with another record for brevity. H was made chairman of the committee "on examination and disposition of documents" and allowed to hold the chairmanship Just fifteen minutes, when be was deposed. Mr. Hale presented ths reso lution making the appointment and the senate agreed to it without discussion. A quarter of an hour later Mr. Hale asked, to have the vote by which ths resolution was adopted reconsidered. This was dona Mr. Hale then withdrew ths resolution, also without explanation, and Mr. Mulkey was thereby divested of his chairmanship. On inquiry, It was developed that the chair manship had been promised to Benator elect Alden Smith, who may also be ap pointed to fill the unexpired term of the late Senator Alger. " Monthly Balance Sheet. The monthly comparative statement of government receipts and expenditures shows that for January the total receipts were 156,217,499 and the expenditures 147, 117,241, leaving a surplus for the month of 17.410.rS8 and a surplus for the seven month of this fiscal year -of HI. 461. 187. The receipt from custom amounted to CS.1IW.6R4. an In crease of 12.500,000. Internal revenues. CO,. OTS.RfS, Increase tflrtVOOO; miscellaneous, C -975,039, increase tl.SJS.OOO. The expenditure so far this fiscal year on account of the Panama canal approximate 111,000,00a Musicians Favor Klttredae's Bill. Victor Herbert the music composer. Is here working for the passage of Senator Klttredge' copyright bllL He seeks Jus tice for the composers, he says, from man ufacturers of talking machines. For more than fifteen years the beet compositions of American composers have been reproduced and sold In the form of phonograph records and other devices adapted to mechanical reproduction with out the payment of any royalty to the composers, and to the unjust enrichment of the manufacturers of these devices. Mr. Herbert Insists royalties should be forthcoming from this source a well a from publishers of musla. Manufacturer, he declares, have grown rich from these musical compositions, but that the com posers themselves have gained nothing. Steamboat Project Goes Slowly. No meeting of the stockholders of the Omaha & Missouri River Navigation com. pany will be held until about the middle of next week. One or two of the men who were circulating subscription lists have been out of town and have not cum- l'ieu ineir mis. ii is expocteo tne - tire amount or money wmen the c ro amount or money wmea the ' mot 01,h P!?1. lo to get before I Incorporation will be secured by Wodnea- say wr i uuriuay, , DUKE AND DUCHESS AGREE Royalty la Delighted that Marlber oagh Affair la to Be Kept Ont at Coart. LONDON. Feb. 1. An authoritative statement, embodying what the family de sires to say In the case of the duke and duchess of Marlborough, was given out tonight- It follows: The differences between the duke and the duchess of Marlborough have been set tled privately. The children will arrive at Sunderland house today and the duchess and her children will proceed to the continent early next week." This statement Is somewhat ambiguous. owing to the possible Interpretation that the duke and duchess have settled their differences and resumed the relations of husband and wife, but the family ex pressly desires to let It stand as It Is. In well-informed quarters the statement Is Interpreted a meaning that the duke and duchess have arranged privately a settle ment of terms under which each will have the care of the children for a portion of the year. In other words, the children will pass six months of the year with each parent. It Is understood the duchess will continue to make Sunderland house her London home, while the duke will have town headquarters at a West End hotel, as he has done since October last. King Edward has been made acquainted with the full terms of the aettlement i through tho duke himself, who had an i audience with the king at Buckingham 1 In event the courts upheld th Bnn Fran palace today. There Is great relief in i Cisco school officials, than the matter of royal and social circles that the Marl- discrimination against Japanese would re boroughs' affairs will not get into the j quire diplomatic treatment, wa n some oourts. ! quarters erroneously attributed to Secre- The duchess has not been very well j tory Roc-t. who was put In the position of lately, and as she thinks well of the cure I "fating that he had received an ultimatum at Montlore. France, she will, after a ' short sojourn in Paris, proceed to the Riviera with her sons. It Is sold the duchess will have an audience of Queen ! Alexandra while in Paris next "week. Bnd this la one of! the reasons given for her decision to go abroad now. EARTHQUAKE ON ISLANDS Solomon Groap Severely Shaken and Appenrance of the Land la Changed. BAN FRANCISCO, Feb. 1. The Solomon Islands In the South seas were visited by a fearful earthquake several months ago and so heavy was the force of the trembler that the" earth was opened and 'deep gorges created. The entire appearance of the islands was changed by the great upheaval, but as far as can be ascertained there, was no Ins of life. The news was brought here by Governor C. B. L. Moore, who arrived on the Oceanic steamer Sierra yesterday from Samoa. He j stated that a trading schooner came Into Apia from the Solomon group shortly be fore be left for this country with news of the trembler. The details brought by the trader were meager. It is deemed probable J that the earthquake that waa experienced in tho Solomon Islands was the one -recorded on the seismographs in various part of the world. According to the In strument at Apia, Samoa, It lasted for several minutes and was said to be the heaviest ahock. ever tecofded. It, was AgV ured that it . took, place somewhere In the South seas, but as cot report came from that civilised Island it was believed that it took place at sea. . OLEO DEALERS UNDER FIRE Internal Ravenna Collector at Bt. Lonla Enforcing: Old Law Regard- -ln Division of Packages. ST. LOUIS, Feb. 1. The selxure of large quantities of oleomargarine was begun by Internal revenue officers yesterday and continued today and more than 1,000 pounds of the product has been confiscated. Delivery wagons of dealers are being stopped In all parts of the city and when I packages of "oleo." whether marked or un- marked, are found, the dealer Is asked to ' produce orders showing that the customer i had dlstlncfly ordered oleo. If such orders ' are not shown the oleo Is seized. The selsures are being made under an old law I which makes illegal the removal of oleo I in small packages from the original tax paid packages. The internal revenue com missioner has ruled that only when the contents of a tax paid package have been bargained for and sold In advance can small packages be removed for delivery without a violation of the law. , VERDICT FOR IRON WORKER Ohio Man Given JTtodainent Against Former Employer Who Indaeed Another ta Discharge Him, COLUMBUS, O., Feb. t Because tt In fluenced the discharge of Robert Sum mers from the employ of the Meahan Boiler It Construction company of Youngs town, O., the Columbus Iron A Steel com pany was today held liable for 13,000 dam age to Summer by a Jury In common plea court. Bummers had been employed by the Columbus Iron A Steel company previous to hi employment by the Meahan com pany and was alleged to have been con cerned in a strike at the former's plant. When he was employed by the Meahan company he was sent to Columus to work on a building being erected for the Columbus Steel company when the latter Influenced the Meahan company to dis charge him. FIFTY BODIES YET IN MINE Twenty-Fear Taken from Shaft la West Virginia and Thirty la Bight. CHARLESTON. W. Vs., Feb. 1. Twenty- four bodies, all mangled beyond recogni h.n taken from the Stuart mine' at Oak Hill and tt I. expected that by this .... i. in k r.ihi. w ii-oiuu.. . of the other fifty bodies which are certain ! of being In the mine. About thirty bodies is the estimate of the number at the bottom of the shaft, and all of these are Doing removed toaay. xne ; officials believe the total dead In the mine! ... w . M . , . Will W uviwwu ,jni-ti a,,,. iB.it. President Acknowledges Prise. CHRIBTIANIA. Norway, Feb. l.-In a latter to Foreign Minister Loevland, who Is president of the Nobel commission. Prssl dent Roosevelt, who was awarded the peace prize December 10 last, writes that he will value xne a.p.oma ana meas. so .ung as ne lives, and after hi. death they will be a. highly prized by his children. The presi dent, in Informing Mr. Loevland of ths disposition of the money part of the prise, add that peace among the various classes of society in modern elvlllsstlon Is of Just a great Importance as between nations. ORIGIN OF RUMOR. OF WAR Allerred Eemark of Baron Bayathi it Attributed to Eeoretarr Bwt. ULTIMATUM STORY DENIED AT EMBASSY Government Has Ma Intention Increasing Naval Force on Either Bide of the PaelBe. f WASHINGTON, Feb. 1. Secretary Root positively refused to make any statement touching the Japanese situation in its rela tion to the conference which took place at the White House Wednesday evening be tween the president and some members of the cabinet and the California congressional delegation. He does, however, deny the au thenticity of any of the published Inter views attributed to him as to the Imminence of war. the stste of the treaty negotiations or any phase of this subject, which he re gards as one eminently unsulted for public dlrousrlon at this time. The Japanese ambassador declined to be seen this afternoon, but the members of the embassy staff declared he had not au thorized any newspaper statement, on thla subject. The fact appears to be that a statement In the press cahle dispatches ne- erlbed to Baron Ilayashl. the Japanese mln- later for foreign affairs, to the effect that "om Japanese minisier it . falra Mr. Root denies that he has received i . , A I 1 I- 8nT Bucn "nl"; m ,,""1 1 0"' ,0 "how h"t ihf JT rrark of Baron Hayashlt haa rver beon com- munlcated officially to thla government. It waa said at the Navy department today, as an evidence of the slight Importance attached to the naval officers In the pres ent discussion of the Japanese affair, that there was not the slightest Intention on the part of the department of strengthen ing the naval force on either side of the Pacific. t School Bonnd to Come Kaat. SAN FRANCISCO, Feb. 1. After a con ference at the home of Mayor Schmlts this morning, the members of the board of edu cation decided that the entire board, with Superintendent Roncavlerl and. Assistant City Attorney Williams, .will go to Wash ington to confer with the federal officials on the Japanese question. Mayor Schmlts will also be one of the party. The determination of the mayor to accompany the school directors came as a great surprise. In explanation of this, it was stated that a telegram had been re ceived by him from some one In Washing ton saying that his presence was urgently needed. A Schmlts Is under bonds to ap pear for trial. It will be necessary for him to obtain Judge Dunne's permission to leave the state.. President Walsh today received a message from Congressman Hayes read ing: ' , "... '." "Come at once!" ' This waa In answer to the board message Wat-lasfr-n!rht.','The party- will Iavo.her at 10 o'clock 'Sunday monlfrrif. ., SENATOR . PERKINS Olf JAPAN Callfornlan Says War with Yankees of the East la Snre to Come. WASHINGTON. U C, Feb. 1. In ad dress tonight before the National Geo graphical society, Senator Perglns of Cali fornia dwelt at length nupon the probabil ity of a conflict between the American and Japanese "two Irreconcilable races" as he pronunced them. Senator Pedklns said: Hawaii-has the Japanese on her hands as we in California will soon have; and as this people is more, aggressive, more tenacious, more cunning and more de termined than the Chinese, it will never do to permit a long delay before settling the question once for all. For the people of Japan have started out on a course of comnierclal development whlrh will soon bring the United States and Japan so close together that It will be difficult to settle the question at all. Japan Is still In the flush of Its great triumph over what was considered the strongest of European powers. It successfully Interposed a bar rler to Russian supremacy . In eastern Asia. ... The primary ambition of Japan Is to colonize the overflow population of the empire In adjacent countries under Its own sovereignty. This Is the true begin nlng of real nntlonal expansion: but In ad dition to this the Inherent Japanese traits of patriotlo Impulses will muke them a foreign element In any country to which they migrate. Real expatriation Is a con. dition practically Impossible to the Japan, ess mind. The extent to which the Japan, ese will occupy the territory of friendly powers will be a dlsplacament of the soveriegnty of the power extending to them a welcome and the presence of the sovereignty of th mikado of Japan. Japan, as the dominant oriental nation, naturally will form with the other oriental nations an alliance which will consolidate these nations Into effective co-operation. The science of war supervenes only upon 6 foundation of alt other sciences. No na on In all history has ever manifested a greater capacity for perfect unity of pur pose than the Japanese; no nation ha manifested a greater aptitude to seize upon and appropriate all that ths ages have dis covered in the other nations In art, science and in government. The Japanese race, wherever distributed, will remain a consolidated unit in support of the aspirations or tne Japanese race, and however distant their residence from the throne of the mikado, will always con atttute a unit In the strength of the em pire. Naturalization In any country to which they might migrate will not elimi nate this racial Instinct. Conflicts between nations are the result of antagonism which He at the very founda tion of their purposes, their aspirations, their growth and expansion. The presence of Russia as a prime factor In the com merce of the Pacific was Inimical to the aspirations of the Japanese empire In the same line. The occupation of Manchuria and the fortification of Port Arthur was the immediate excuse, but not the real cause of the war. The real case of the war waa the Inherent antagonism . of interest and purpose which could find no other solutton than the arbitrament of the sword. We have acquired territory In the Pacific ocean, we have laid the foundation for commercial primacy on that great ae. W have a position at the very doors of the ri.n( Kv the nmmeaalon of the Ph 1 1 1 rnl n-s snd a base of naval operations In the mid- , . v7, "I- v w . fm. Snder the Jurisdiction of "hi American ne which comprtsea K.OiO miles. The i ., ,1,. ,,ri..ii.nn. e a. countries under the Jurisdiction of our flag. lying behind this Una possess resources oH?VV the foundation for commercial supremacy nn tha Pacific ocean and at some noint In the future course or ruture oestmy the pathway of national progress on the part of Japan and tho United States will con- verse to a point of Inevitable conflict. It Is useles sto speculate what the oc casion or excuse for this conflict may te. The small cloud of war now hanging on the horizon of ths two nstlons appears to..r ".V" i" 1 ...JiST , lJ? rapan ' latlng to its educational Interests. The j ,omnltratlon of California's educational . a fret re have not been fortunate In meeting ' ""I;,' . ' ,s not th. Xourbln'Jr the amicable" rata! ttonn between the two nations. This funda mental cause Una at the very foundation of the national character of the nations i to ths controversy. ' The senator then modified hie prediction ICobttnveg en Fourth PageJ COLD WAVE, SNOW AND WIND Most Severe Storm at Winter Strikes Nebraska end Other North western States. Nebraska and South Dakota, end the northwest generally, are In the throes of whst promises to develop Into the most severe spell of winter weather so far ex perienced this season. The cold wave struck Omaha between 8 and o'clock Fri day evening, with a fall of seven degrees In an hour, and by 10 o'clock snow was falling ,and a severe' wind blowing" from the north. Reports received at ' midnight show the cold wave covers Nebraska and that In South Dakota there has been a drop of from thirty to forty degrees and that the drifting snow is causing a severe blockade of railroad traffic. In Nebraska the most rapid fall In temperature was reported from A Ins worth, In Brown county, where1 the mercury dropped from over 40 above to below zero between I In the afternoon and 7 In the evening. As far south' as McCook there was a fall of twenty-five degrees In two hour In the early evening. A blinding snowstorm Is reported from Billings, Sheri dan, Alliance and other points on the north ern line of the Burlington. ALLIANCE, Neb., Feb. 1. (Special Tele gram.) A drop of thirty degrees In less than three hours was the weather record here today. Tonight it Is snowing hard with a good wind blowing. The ther mometer stands 10 above and It Is growing colder. PIERRE. S. D., Feb. 1 (Special Tele gram.) A severe oold wave, accompanied by a high northwest wind and drifting snow, provalls here this evening. The drift ing Is tying up railroad travel, the train which left here this afternoon being block aded at Hlghmore. No attempt is being made to get trains in this direction from the east. The severity of the storm Is cer tain to cause suffering in the little' prairie shacks. In which many of the homesteaders live west of the Missouri. It is by far the worst storm of the winter. HURON. 8. D, Feb. 1. (Specl Tele gram.) A severe wind, and snowstorm sot In from the northwest this afternoon, de veloping Into one of the most severe that has 1ccn experienced In several years. All trains are late and none will be sent from here tonight. The wind la blowing forty five miles per hour. ABERDEEN, 8. D., Feb. 1. A sever blizzard swept down from the northwest tonight and the local forecast Is for a tem perature of 26 degrees below zero tomorrow morning. t DECISION, AGAINST FIREMEN Board of Arbitrators Decide that Sontbern Pacific Contrnet with Brotherhood Had Expired. HOUSTON, Tex., Feb. l.-The dispute between the Southern Pacific railroad and Its locomotive ftremerj, who went on strike on December 28 last, but subsequently re turned to work, was finally settled today by the decision of the board of arbitration. The question before the board was 40 de termine whether or not a letter written by Manager W. O. Van Vleck of the railroad to on, official of the fireman's union, consti tuted a contract with that organization. The letter acquiesced In the firemen's claim of control of the seniority of the switch en gineers, members of the brotherhood. The finding of the board Is to the effect that the letter did constitute a supplementary con tract covering the Texas line only, but, that It expired on the date. May 6, 1S06, when the firemen assert that their contract was abrogated by the road signing an ayree ment with the Brotherhood of Locomotive Engineers, granting to that organization the seniority clause formerly accorded to the firemen. The arbitrators further And that the fire men acted in good faith In asserting their claim that the contract did not expire un til January, 1907. RATE HEARING IN OKLAHOMA Millers Protest Against Flonr and Wheat Tariffs of Katy and 'Frisco Railways. OKLAHOMA CITY, Okl., Feb. 1. Charges of excessive rates against the Missouri, Kansas & Texas and the St. Louts A San Francisco railways .were taken up here to day by Commissioner Prouty of the Inter state Commerce commission. Before be ginning the session he read a telegram from the Texas millers protesting against a 20-cent rate on flour and wheat to Fort Worth and asking a date for a hearing. C. D. McNeff believed lowering the rate would raise the price of wheat. C. Balle, traffic manager for the Missouri, Kansas A Texas, could give no reason for a 30H-cent rate to Fort Worth, while on parallel Kansas, Arkansas & Texas lines a charge of t3b cents for the same distance la made, except on the ground of competi tion. Following C. Balle, H. V. Mudge. second vice president of the Rock Island and head of the traffio department, wa called. ENGINES COLLIDE IN BLIZZARD Rolling Stock Badly "Wrecked la Tarda at Sheridan and Fire man la InJnredU ! SHERIDAN. Wyo.. Feb. 1. (Special Tel egram.) Westbound freight train No.. 45 and a switch engine collided here . at 11 o'clock today. No. 46 was coming down the steep grade Into the yards and the witch engine waa pushing a string of care from the main line on to the siding when the freight struck them. A blizzard was raging end the engine men could not see each other until Just before they struck. No.' 4Ka engineer re versed the engine and applied the emer gency brakes. He and his fireman Jumped in time and escaped Injury. Fireman Hanson Anderson of the switch crew had a hip mashed and an arm broken. Two re frigerators of meat and aeveral other cars " "th nn" e damaged. 1 Engineer Clarkson and Conductor J. H. Burns were In eharga of the freight j t -..- ..- i.v FRUIT CARS FOR HARRIMAN . First Installment of Big Order for Refrigerators Reaches Los Angeles. t , LOS ANGELES, Cal., Feb. L Six hurv dred refrigerator .cars, the first of a total ordsred by the Pacific Fruit Ex- ' Pr" npany for use in handling South- ' ern California fruit shipments. In oppo itlon to the Armour company, arrived her. here i t(la The c" w contlnu the rat. of tSuO a month u tlnue to arrive at ntll the order is Ailed. The Pacific Fruit Express com pany Is known as an auxiliary of the Har timan railroads, but tt la claimed will! furnlwh competition with Armour, who has hitherto practicahy bad a monopoly of this business. PRIMARY BILL HALTS fenate Member of Committee Fail to Appear at tbe Vetting;. HCUSE MEN WILL MAKE ONE MORE TRY In Gate Senators Continue to Absent Them lelrei Will Disband. WILL THEN FORMULATE BILL ON OWN HOOK Christian f olenoe Bi 1 finally Laid t East in the Senate. anmannnnmB SKIRMISH ON COUNTY OPTION MEASURE After Some Debet It Goea Over oa Decision to Give . Pnbllo t Hearing to Interested Parties. (From a Staff Correspondent.) ' LINCOLN. Feb. 1. (Special.) The senate members of the Joint committee appointed to draft a primary law In accordance with the pledges In all the state convention plat forms, failed to show up at the meeting announced for this afternoon. The house members agreed to .meet again Monday night at 7 o'clock In the Judiciary committee room, and adjourned without doing any thing. Kvery house member of the Joint committee was present, and Senator Thomas and Patrick, member of the com mittee, were In the state house, but when sent for said they had been doing commit tee work all afternoon and were too tired to meet with the primary committee. The other senate members who were notified of the meeting and failed to show up were Wilson of Pawnee, Phillips of Holt, Hoi brook of Dodge, Luce of Harlan and Aid. rich of Butler. It was expected at the meeting this after noon that the Joint committee would de cide definitely whether It would work on g state-wide primary bill or follow the Mo. Mullen Idea, but as the senate membere failed to be present, the house members) discussed adopting a report to the house tp disband tho Joint committee and permit the house committee to work on the meas ure alone. While there was a strong sentl. ment to adopt such a motion, It waa thought best to give the senate member one more chance to make good and that chance will be given Monday night. Should the senate members again fall to take th interest the house members believe they should In this most Important measure, there IB little doubt the Joint primary com mittee will dissolve and the house com-. mlttee or the individual member will get , up a bill In accordance with the platform pledge.' ' The house committee la ready, at any j time to come to a show down whether to ; report ' back a state-wide primary or th McMullen idea, because if the majority of the committee agrees with McMullen It will mean a minority report and the mem bers of the legislature will have an op- "t portunlty . of voting squarely for the ., pledges they have made to the people or against keeping; those pledge. Right to' Abolish Home. Should the legislature desire to abolish the Home for the Friendless or close It up or remove It, It haa a legal right to do so, according to ths opinion of Attorney Gen eral Thompson. This, matter ha come up at numerou sessions of the legislature be cause It has been held the state acquired this property and it I as a horn for tog friendless specified In the deed. Mr. Thompson's opinion Is as follows, and it Is directed to Land Commissioner Eaton: Your favor of January 29, 1907, submits to this department the following question: "The legisluture of 18x1 established a home for the friendless. July 6. lKt2, Sallle N. Franklin and husband conveyed a cer tract of land 'unto the state of Nebraska for the use snd benefit of the Home for the Friendless in the state of tvbraska.' In 19uS the legislature establlshea a hos pital for crippled, ruptured, and deformed children and located the same In the Home for the Friendless. Can the legislature pro vide for the exclusive use of this property as a hospital for crippled, ruptured and de formed children, and establish a Home for the Friendless at some other place, and not forfeit any right to said real estate?" I observe from the deed that the ex Dressed consideration for the land pur- I chased by tbe state was 12,1(10. Ths deed I was executed In 182. It would seem that ( the expressed consideration represented the ; actual value of the land at that time, and i that no part thereof was in the nature of . I a donation to the state, or that the main- tenance of the home upon It was an in. ! ducement to the grantors. Possibly there are racts in connection witn tms matter not submitted by you and unknown to me that would modify the opinion here ex pressed. . While I have been unable to And any authority In this state on the question, a similar one was before the Illinois court. A block of land was purchased for 1V6U0 by a county and the following provision was inserted in the deed: "To be used by said party of the second pert for a court house, Jail, and sny other necessary county buildings.' The county authorities under- took to abandon the land for county pur poses and to sell tt. In the lower court they were enjoined. The superior court held that the deed conveyed the absolute title without any conditions or restrictions; that the power of alienation was not limited or confined in any way, and that there waa no covenant in the deed that tbe land should be devoted to a particular purposa., (Warren County against Patterson, U 111. 111.) The court used tbe following illustra tion of its position: "If A buys a lot of ground of B and It Is declared In the deed that fte purchased It as a site for a mill, or other operative establishment, the fee being conveyed to him, he has the undoubted right to dispose of it without carrying out his intention." Both from reason and the authority cited, based upon the facts at hand, I would say that the- stste became possessed of an absolute estate in fee simple to ths ' land described In the deed; that the words re ferred to are simply descriptive of the use of the land, and are not in the nature of restrictions or reservations, anJ thst tha state may legally use the land for such purposes as it may see fit, and that tt may establlah a Home for the Frlenlless else where whenever circumstances and the public good require it. Bulk Sales Bill Advanced. Clarke of Douglas put hi bulk sales bill through the committee of the whole in the house this morning and had It recommended for passage, and in doing so he not only had to overcome consider able opposition, but had to almost run over Cone of Saunders, the floor leader of the minority, who opposed the bill, using as a part of his argument his fa vorite expression. "Class legislation Clarke called attention to Cone's habitual habit of yelling class legislation when ever he could find no other excuse for opposing a measure. A tnalf, dozen or more members spoke for and s gainst the bill, and Klllen of Gage, who let the matter go until the last minute, wanted It let alone until some future time hin the committee could again discuss It. The motion for it to be recommend d for pas sage was carried almost unanimously. The bill provides that before a stock of merchandise Is sold In bulk, the creditors of the merchant must be notified of the sale or the trade 1 Invalid. It wae emended, providing notice could be filed with Use county Judge with a list f ohg I