Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 02, 1907, NEWS SECTION, Image 1

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    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