he Omaha Daily Bee VOL, XXXVI-NO. 201. OMAHA, THURSDAY MORNING, FEBRUARY 7, 1907-TEN PAGES. SINGLE COPY ' THREE CENTS. CDU T CflEIGUTOfJ IS DEAD !?! J. OreUstei Fine Ivij After ETBifTtibl 8trmI for Life. SINKS TUESDAY NICHT AND NEVER RALLIES InrriUVl frpeoted tt Any Tim Throttth eat the Fellowis Day. sacrei orricEs or church performed Eitnil of Tihti Ee Derontly Loved lead, but Ee ! Uiconiciou WHOLE CITY ANXIOUSLY WATTES HOURLY Ja ! af Uv Philanthropy Kadare Hie 4a Are" Better t LMi. Count John A. Creigntoa died lately home, M North Twentieth au 'A at 1:27 Thursday morning. At frequent Intervals throughout the da , rumor of the inevitable gained currency and telephone rang with resultant in qutries, so general and intenae la the arjxlety in Omaha. Aa sorely aa the end dreaded, the astonishment at lb aged patient's remarkable vitality waa general. Dre. A. XV. Riley and T. J. Dwyer were hurriedly called about 1 a, ra. Wednesday, when the count Buffered a severe and sud den sinking spell, accompanied with great difficulty In breathlrg. The physicians re mained with their patient until 6 a. ro.. and did not expect him to survive that long. The count's puis early Wednesday morn ing had suddenly risen to 150. but It de clined after treatment administered by the phyelclsns until it was only 13 at 10:30 , Wednesday morning. When the physicians were first summoned during the night it was thought the count could live but a few hours, as bis throat and lung were apparently filled with mucous, relief from which caused him the greatest effort and distress. He was not restless at any time, but gradually grew weaker. Last Koorlshmeet Given. The last nourishment given him waa about 4 o'clock Tuesday afternoon and the use of medicines has also been discontinued, as It Is believed the count Is past ail human aid and any nourishment or drugs would " have toe effect of causing additional dls- tresa. The last eacramenta of the Catholic church were administered several days ago and were repeated early Wednesday morn ing by Father Bronsgeeet. pastor -of Bt John' Catholic church. When the physi cians had expressed the opinion the count aould not survive rruwe. than a few hoars, .. et.beai. . FaJLtvtr Bropsgeest eras again sum moned lafer" Wednesday' morning and at tended the count shortly after 10 o'clock. With the sun ahinlng brightly In the . windows of tbs chamber where the count 14s lain user unto death for so long. "Father Bronsgeeet administered the prayers for the dying In the Latin ritual of the church. Kneeling around the bedside were Bister Hedwtg, mother wuperior of Bt. Jo seph's hospital; Bister Johanna and Sister ' Clothilda, nurses from the hospital, who have been la constant attendance on the count during his illness, and a sister of 1 "-uucnon. uuu ior more money tor me Poor CUre. Nephews and nieces of the j achoola, presenting his plea before the count also knelt in prayer, the responses j Heal Kstate exchange. Pag of which were answered by the brown-1 State hardware dealers protest against clad nuns, after being recited by Father parcels poet and favor the Bcudder ex Bronsgfcest. emptlon MIL ' Pag 5 Co at Kaawa Bathing. ' John " Hen' Kraus appeared in rwi the recital of the oravers of the federal court, paid fine and aerve sen- priest and nuns Count Crelghton lay on Us right elds in the bed breathing with law. brief spasmodic breaths and waa en tirely unconscious' of the oeremoniala In his behalf. He lay with his eyes closed, with aa expression of deepest calm and peso an his countenance, albeit be seemed to be Suffering allghtly from pain caused by hla Inability to breath easily. ' Father O'Connor, vice president of Crelghton university, and other clergy connected with the university called early Wednesday morning and remained to await the outcome. All nieces, nephews and muaina of the count arrived at the real- dene early Wednesday morning, with the I new YORK, exception of John A. McBhane. who Is , Jj JJ confined to his home with a sever attack kew york! of lagr.p. Mr. and Mrs, John M. i Tor. Dougherty have een living at th count's ttwidenc during his entire sickness Miss Mary A. Cotter, the housekeeper, wh aU tended th count's wife during her fatal Ickness eighteen years ago, and John A. eVihenrk. brother-in-law, hav been con stantly present. No relative from out cf th city war ' summousd or present Wednesday, aa nearly all the members of th family re aids In Omaha. NEW RULE FOB CORPORATIONS Farelaa Coaspaal Cassst Exert! th Rlaht ( Eaalaeat Dsaala la Meataaau HEXENA, Moot., f U . A decision of far-reaching importance was handed down yesterday by the sulrem court when It held that neither by th constitution not th laws of tb stat is a foreign corporation authorised to exercl th right of emi nent domala. Tli lialena Power Transmission com pany, organised under th law of New Jersey, brought suit to condemn lands be longing to A. N. Bpratt, which ar now sub merged by th waters backed up by the company's dam across th Missouri Tbs suit ass decided la favor of th company and Bpratt appealed, winning th oas yes terday. The court holds that th lands wer wanted for publlo use. bet th com pany had n right t condemn than. Th court says th decision la only ap p'. It-able to fira!a eoraoratliaos af th re spondent's character, th q uration not being oonsldered with referano to any! other class or character. Rut Blow la, bat Uu Bart. 8TWQ1& D Fab. .-Special Tel grant A kitchen rang bejoaging to Fred Meyer blew up today and is a total wrack. Th grid di blew through th catling, th window wer knocked out and pieces of troa ar left slicking aU over th room. Tb hot water taok oonnactlsB Is supposed to hav eassed th explaatoov Mrs. Merer had left the room Just before th ex pluduA. laiieted fa Bretktr'i Maraer. OAITCrSTTILBL Oa, Feh. Tbs grand Jury of Hall oaviity yeaterday Indicted )(n-r 8trl. klaxO. 14 year old. charging htm wrth th aiurata of btr brother, toa ftLrtoVJend. last Bataiaay algbt. SUMMARY OF TOE BEE Tkirafaf, Febraary T, 1MT. 1007 February too? tua stow t I wt ra wi bt ' T i 12 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 10 20 21 22 23 24 25 26 27 28 FORECAST FOR NEBRASKA Fair In east, rain or mow and colder In west por tion Thursday. FTidav fair. FORrXJST FOR IOWA Jr'atr and colder Thursday. Friday fair. Temperature at Omaha yesterday Hour. lg Hour. Deg. .... 34 6 a. m... a. m... 7 a. m... I a. m... a. m... 10 a. m... 11 a. m. .. It m 1 p. m... 1 p. m... t p. m... 4 p. 111... i p. m... 4 p. m... 7 p. m... t p. ra... 11 .... 14 p. m... XJBOIBUTTTB. Thomas bulk sale bill reported for pas sage by opmmtttea of the whole of the Nebraska senate. 'age Joint legislative committee at Lincoln reports the S-cent fare bill and the anti pass bill, the latter being much more stringent than when formulated by the "ubcommtttee. Pag X ous voted down appropriation for V , Ven-foot channel from Chicago to ' . Par t .United States senate favors bill giving riomesteader. right to leave homesteads In winter. rags 1 Iowa railroads withdraw obligations to bill limiting hours of employment on railroads to sixteen consecutive hours. rag . DOstEgTIO. Foreign corporations may not exerciae right of eminent domain In Montana. Pag 1 General Allen la anxious W begin test of balloons at Fort Omaha. raff Defense In Thaw caae takes new tack and Introduces evidence to show that Whits threatened to kill Thaw. Delphln M. Delmaa, the Ban Francisco attorney, takes charge of examinations for defense, I Pag . Three women perish from cold In wes tern South Dakota during last ' Friday's billiard. Range losses heavy. Page 1. Atchison grain dealers allege that' prac tice of railroads in granting free transfer and storage at Kansas City is driving them out of business. Fags B. WASXTjrOrTOzT. After hearing members of the Nebraska delegation the subcommittee of the house judiciary committee suggested to Rep resentative Norris some minor changes In his Judicial bill and promised a report by Friday. Pag X. Member Broatch of the Police Board coming to aee governor In effort to save his own job by laying all the trouble on Member Bpratlen. Pag . Independent telephone pay stations, will be established In' Omaha by early spring, according to statement by General Man ager Pollock at annual aseetlngr of Clatts mouth Telephone company. ' Pag 3. POKKIQST. LonVm FUgrlma give a banquet to Am baaaador Bryca, who Is soon to leave far the United State. , Page a. XVOCAX Count John A. Crelghton. 'Omaha pioneer and philanthropist, dies' at 1:17 Thursday morning after a long struggle for life. rag r. David Cole, president of the Board of tence for Illegally fencing land. Pag Ambassador D. E. Thompson pf Mexico, who is re-elected president of the Colum bia Fir Insurance company In Omaha, aaya Tehuantepeo railroad Is completed and has more business than it can handle. Pag 10 Young Women's Christian association teams are meeting success in their cam paign for building funds. Pag 6 Carl Reynolds convicted of robbery, the Jury not taking stock in his attempted alibi. Pm a. i xon i . wtu op OCTEAjr rrxAiuxxrm. - Arrive. Sail. iclltsa Prlaos....TmKiiita. Oavar 111 Kroonlaae. - Potaaaau , Loalaiaaa. Oallla. i eenstowk.'.'. Tropic, aaamia. Boston. .... Maoltoa.... HAMRI-RO... ...Pi-atona.... UVF.KPIXIL. ANTWERP... aUJamta. ...Lak aUcklsaa... PAVING BRICK MEN ELECT Brlek Maaafaetarcrs Assaclatlea Cwllea to Order at Ctesa af Aaxlliary keetlac BT. LOUIS. Fab. & Th-s annual conven tions of th American Ceramic society and tb National Paving Brick Manufacturers' association which havs been In session since Monday, concluded this forenoon. They ar auxiliaries of th American Brick Manu facturers' association which began Its twenty-first annual convention when the two auxiliary conventions concluded. Officers elected by the National Paving Brick Manufacturers' aasoclatlon are: President. W. B. Fnrington, Gales burg. IlL; vie president, J. W. Robb, Clinton. Ind.; treasurer. Charles M. Crook. Youngstown, O.; secretary, W. P. Black, Terr Haute. Ind. Tb annual report of tb arganlsation showed that a.Ouu.004 yard of paving brick had been laid throughout the country dur ing the past year. Tb convention of th National Brick atanuiacturarr association waa called to order by President J. R. Copeland cf Blr- mlngtiana. Ala. The convention will conclude Friday.' Al most 1-ftOS delegates are ia .ft.n.nn. President Copeland delivered his annual ad dress, after which the annual report of Treasurer John W. Sibley of Birmingham waa submitted and committees appointed. The election and installation of officer occupied th balsno of today's session. Tb following officer wer elected: President, WUliasa Conway, Philadelphia; rlc presidents. M. E. Gregory, Corning. N. Y Lemon Parker. St. Louis, and Wil liam P. Blair, Terr Hauta, Ind.; secretary. T. A. Randall, Indianapolis, ra-ei acted: treasurer. J. W. Sibley, Birmingham, a 'a re-leted. Secretary T. A. Randall was re-elected for the twentyflrat eooaecutiv term and waa presented with a Mt silver tea, sarvte In reoogoltiua of hla lostg sarvtoa. Mr. RikuaWU fc th foundor af th asocitJoa JUDICIAL BILL BI FRIDAY Subcommittee, After Hearisc Delerttkn, Fromite Early Report. TWO DISTRICT PLAN IS SQUELCHED Klnka! Held Oat far Mara Dlvle- laaa af ftorth Platte TerrltarT. at la Told Paar Mast lac Mlaer Ckaatn ImHtrii CFrom a Btaft Correspondent.) WASHINGTON. Feb. . (Special Tele gram.) While It has been known tor weeks that It waa utterly Impossible to create two federal Judicial districts In Nebraska, the futility of attempting to pass such a measure broke upon members cf th Nebraska delegatkn in it full force during a hearing which waa ac corded them today by the subcommittee of the Judiciary committee of the house. Every member of the Nebraska delega tion except Senator Millard was present at the hearing this afternoon before the members of th subcommittee composed of Messrs. Alexander of New York. Tir rell of Massachusetts and Smith of Ken tucky. Th subcommittee showed con siderable Interest In th proposition to give Nebraska an additional judge, with such Judicial divisions as would meet the requirements ft ths several members of the delegation. Every member of th Nebraska' delegation present addressed the committee and all favored the bill Introduced by Judge Norris giving Ne braska an additional judge, with the ex ception of Judge Kinkald. who Is not satisfied with th list of places designated for holding court In the Sixth district. Senator Burkelt wanted the stat di vided Into two Judicial districts, but said he was willing to accept an additional Judge with such number of divisions as the committee should see fit to allow. Judge Norris favored th division of th stat Into two Judicial districts, but said he wjuld be satisfied for th time being If an additional Judge could be al lowed. Haaely Oppose Divteloa. Representative Kenneoy opposed ths two-district plan. Insisting that division was not heeded and that the report of an Inspector on file at the Department pt Justice was antagonistic to the proposi tion. Hs contended that another judge and additional places for holding -court Would meet all the present requirements. He said there was no controversy as to fthe places for holding court in the South Platte, namely, Lincoln, Hastings and Mc Cook, but that there was a difference of opinion as to the divisions In the North Platte. He oprftended that th proposed division would take away too much terri tory naturally tributary to Omaha, and suggested that the North Platte territory should not be divided at all. but remain aa It la now. This Mr. McCarthy would not agree to, because he said it would be dtscriminatien against Norfolk. Judge Kinkald wanted more places tor holding court, at least three, tn the western part of th stat and dwelt at length on th extent ef territory which hi district cov ered. " ' . ' ' 'Atet-tiearing flrtf piwnbeT of theeiegaT toa and examining the map . of lu stats th ubcoramltte announced they would allowonly' four divisions of th North Piatt and three In the South Piatt. Rart aateerel r Frffeay. A few daya ago Judge Norris Introduced a new bill along lines at that Urns sug gested by th subcommittee, but after th hearing today and going closely Into ths matter with the view of satisfying slL In. terests the subcommittee directed him to make certain minor changes in the bill as then Introduced and reintroduce tt and they would probably report It next Friday. The action of the subcommittee today settled two federal Judicial district proposi tions for Nebraska. It makes possible the passage of a bill granting an additional Judge and creating new divisions where courts shall be held. Grand Juries, how ever, are to convene ' in but two places, Omaha and Lincoln. Buch bill will save the expense of another district attorney. United Stales marshal and additional clerks, leaving to be appointed by th president and to be confirmed by the sen ate only another federal district Judge for Nebraska and deputy - clerks Jo hav charge of th records at the places which shall finally be agreed upon where court is to b held. The talk among members of 'the Iowa delegation today was that they would bold their long anticipated conference for th purpose of deciding upon the federal pat ronage of th stat nest Saturday morning in Senator Allison's committee rooms While no call haa yet been Issued for a con ference. It la generally believed that with the senatorial matter settled In Iowa mem bers can now get together and distribute th loaves and flahea. It may, however, be Impossible for Senator Allison to meet with his colleague on account of hearings on the appropriation bills, in which event the conference will go over until some Urn next week. Tea Tears' Back Peasloa. Representative McCarthy la a sleuth when it comes to running down evidence to se cure one of his oonstltuejits a pension. His ability In this direction was never better exemplified than In the notice h received from th pension bureau today staling that Frederick Ellas of Columbus had been granted a pension of M per month, said pension to commence nearly ten years ago, which will give him in the neighborhood of fTM back pension. This caae has been rejected a number of times, but Mr. Mc Carthy, with bulldog persistency, followed witnesses aU over th country and kept pounding away with new testimony until finally a perfect caae was mad out and Ellas, who Is upward of 7 years of age, will com Into his awn, Barkart Leaalasr Plaa Opposed. Tb Burfcett proposition to turn over to th forester of the United State all th publlo lands for leasing and grazing pur pose, which may be added to th agri cultural appropriation Mil. will meet with vigorous opposition from members of tb hous oommitte on agrtoultur when the bill la returned t th hous. Tbay ar unanimously In favor of aU of Mr. Ptn cliof s propositions, bat they regard Senator Burkett'a project as being altogether too radical a departure from aoosptad methods f th grazing privilege on publlo It haa bean practically determined by th commltte on agrtoultur of tb hous to fight th Burkstt proposition to th end af th seastoo. If neosaaary, although th sentiment of th majority la that the graz ing lands unfit for agricultural purpo should b teased tn large tract a ana it I also understood th president favor this proposition. ' Ptater AasxtlalaeU Th following post mas tars war ap pointed today: Nebraska, A delta. Bioux ICnfitinnad aa Sanoad Paga. CLIVER SUBMITS HIS BID Rxaaalaatlaa af (lew Casapaay Will Be Mad Be A, re Cetatract I Awjf eU WASHINGTON, Feb. 1-By noon to morrow wniiam J. Oliver, jr., of Knoxvllie. Term., who was the lowest bidder under the proposal for dlcrclng th Panama canal and who has formed a company of contrac tor known a th Panama Construction company, will know wbea h may expect a final decision. Mr. Oliver called at th office of the Irthmlan Canal eommlrarion today and sub mitted his bid In accordance with th re quirements of the president. In the absence of Chairman Bhonts, th document were delivered to Richard R. Rogers, general counsel of th commission. A number of ptipers were submitted. In cluding not only the list of those whom Mr. Oliver propones to aftsrx-late with him tn the actual work of construction, but also th names of the stockholder and the amounts subscribed try each. Th orlslnal figur aub mltted by Mr. Oliver. 171 per cent of the stlmated cost of oonstructlon, was adhered, to In the papers filed today. Secretary Taft said this afternoon that he would tonight receive a report from Mr. Roger on the paper ttTed and that In the morning he would take the whole matter up with the president and make the an nouncement a stated. Secretary Taft said he did not wish to be understood that at noon tomorrow Mr. Oliver would get hi 4 final answer, but that he would know at 4. at time when he may expect It. ' 1 At the War dvpiertment tonight It was stated that th rlowst investigation would be made regarding stockholders, and tn fact, regarding everybody Interested In the company. . . After an Interview with Secretary Taft, Mr. Oliver said that he had gotten together a combination of the greatest contractor in the world. "While I am not Inclined to discuss the matter," he said. "Inasmuch aa It is now before the' secretary of war, yet I fee that I have disappointed some people who thought I could not make good." . Regarding the question of labor, be felt no uneaalnesa, he said. "W win be able to get all the men we want. The sanitary conditions on the Isthmus ar well nigh perfect and laborers will not hesitate to go there on that account. NO MILEAGE FOR ADVERTISING Cssferesee Committee of oth Da kota Learlslatnr Deride A aa i at at the Hoase Amendment. 1 PIERRH 8. D.. Feb. ..(Special Tele gram.) The conference committee on th anti-pas bill, by a vote of 4 to a, this evening decided to report In favor of strik ing out the bouse amendment allowing newspapers to contract with railroad for advertising payable In mileage hooks. The committee's report will likely be adopted. The house held a forenoon session today In an attempt to clear th calendar. A resolution fixing February JO as the last day for receiving ; new bills without tb consent of th houte was adopted. Among ths new fllls presented was one by Kribs fixing thfc legislative pnortlon nent. which will 1ve the house 101 mom bur a. a gain oftwilra. Th JS-cent rate jfil ' was oatted tm the calendar , and went over February . on motion of Carroll. This - will. In effect, place th senate bill on the calendar ahead of the house bill and will give the rate re ductionists two chances,' leaving the house bill open if they should meet defeat on th senate bUL The afternoon session of the house waa taken up in final action on house bills, the primary election bill being the principal one. Glass secured the reinsertion of the sections which wer stricken out In com mittee of th whole yesterday, which pro vides for fees for filing. Eastman opposed tha reinstatement and a general debate resulted In their going back, by a' vote of 67 to 24. The bill then passed, by 77 to X. those voting against It being Eastman, King and Peterson of Lawrence. The senate at an afternoon aesslon passed a number of minor bills and received several new bills, principal among them being one to plaee the powers of the attorney of the railway commission In the department' of attorney general and making th warehouse Inspec tor aa appointee of the governor, both of these position being at present In control of tb railroad commission. presiding officers of the two house, and ha. gone to th governor for hi aprroval, which means the last day of th lobby. CAN MAKERS LOSE IN WEST American Ota Compear Hardl Bit a Reaalt af Baa Fraaelse Eartkqaak. NEW YORK. Feb. . At tn meeting of th stockholders of the American Can com pany In Jersey City yesterday President Graham, In commenting on th loss of plants m San Francisoo, said that In addi tion to th fir losses, which had been charged off, the efforts of th company to take car of their Pacific coast customer by supplying their needs from th com pany's eastern factories had added largely to expenses, and this business showed a material Uss instead of a profit, for whloh. however, he said th company would eventually b compensated la th gain In prestige. The annual report ef tha company show earnings of K.&M.ifl for tha year ended December XI. which, because of th change in th company's fiscal year from March ta Deoember, msy be compared with only nin months tn th previous year. In that period th earning war 13.al4.Ul In IS there wa written off. on account of fir losses in San Francisoo aavd SL Paul. 124.411. which, wkh HA4.S3 charged oft for depre ciation, bring th act profits down to ri.llX.417. against t2.XU.417 ta th ale month nded December U. lftK. SECOND SNOWSUDE AT SALIDA ages Mssareh r4er Avalanche Mlaa Csea-ht Hav Samw Estssea SALIDA. Colo, Feb. I Another ra lanche of snow, much larger than that f Monday night, earn down at Monarch, ighteen mile wast of Sallda, at 4:3 this afternoon, Aeatroytng th building and board trig hous of th FQtpa mine. F. Y. . Ham, manager of th mine. U under th mass af snow and his re cu is doubtful. Had th elide occurred a few minuiea taur u wwua un csvueni every man tn th ml, a they would hav either been in th boarding house or an their wa y there. leader's nephew aa Trial. GLENWOOD. Miss-. Ffh. 4 -Th Jury whieb waa to try James IX Monrv, Jr., a aephew of Cnited Btates Senator Money ef kliavisstppl. on a charge of killing L. J. Henderson, will be completed today. Four mar juror ar needed, sacht havlnar -- - J tlina yeaterdAr, BKOATCII FICMS TO HANG ON mmaaswaa Quoted Laying All tha Tronbl ia Omaha to Epratlea, Whoa Term Expire Coon. CHAIRMAN COMING TO SEE GOVERNOR Will lag ta taertae His Farmer Frlead the Board If H Cam Thereby gava the Job far Himself. (From a Staff Correspondent.) LINCOLN, Feb. . (Special Telegram.) The cold wave from Omaha tonight brought down the Information that W. J. Broatch, member of th fir and police board, would be her tomorrow morning to plead hi cause with Governor Sheldon. From a re liable source it Is learned also that the late defeated candidate for the mayoralty nomination would put In a knock on his old-time associate and coworker on the police board. Burlington Lobbyist Lee Bpratlen. According to this report Mr. Broatch will tell Governor Sheldon that Bpratlen Is th principal cause of the great dissatisfaction over the Broach-Spratlen management of th polio and fir depart ment In Omaha and Broatch la quoted aa saying: "Bpratlen Is th causa of all the trouble. He haa don what tb Burlington railroad wanted him to do and that overbearing way of his has caused us to be severely criti cized." Then In his own behalf Mr. Broatch said tn substance: "I have been faithful to the people's Interests. I believe the activity of th Clvlo federation I due to the way Lee Bpratlen ha conducted him self as a hoard member." Mr. Broatch said he has heard the gov ernor Intended to bounc tha whole board and he la coming her to put In a knock on Bpratlen. whose term expire In April or thereabouts, and to square himself. Bpratlen' conduct as a member of tha board. Broatch Is quoted aa aaylng, occa sioned th Civic federation to send Elmer Thomas to Lincoln to see the governor and urge th prompt hearing of the charge filed against th board members. Mr. Broatch said he Is tired of the whole busi ness, but ha still wants to hold onto hla Job. John McDonald 1 her today and reports say that If Broatch can get Bpratlen ff the board and get tha governor to ease op on the charges against himself he will make John McDonald chief of police in due time. KANSAS CITY GRAI NHEARING Atchlsea Dealers Allege Discrimina tion la Favar of Big Ketgabor. KANSAS CITY. Feb. 1 Commissioner Clark of the Interstate Commerce commis sion resumed hi hearing her today. Th complaint of the city council of Atchison, Kan., alleging discrimination on tha part of th railroads In th shipments of grain and mill stuffs in favor of Coffeyville and other Kansas citlea was first taken up. It developed today that local grain tnca In certain Instances ' are given advantage by the railroad Which are- if third grain men In Atchison," Kaa. It waa disclosed that tha Chicago Great Western waa th pioneer In allowing local dealer free stor age and free handling of grain and that other roads war forced to adopt the same methods to get business. It waa also made clear that among th great number of ele vator her thr Is no uniform way of do ing business ard that elevator owned by railroad are used to bestow special favors on shippers using certain railroads. It was brought out that the Chicago Groat Western whan ft Inaugurated a pol icy of liberality to local grain men made no chargs for handling or transferring grain and that it even stored th grain ten days free of charge. Atchlaoa men are forced to pay for such service from the railroads and both of the Atchison dealer claim they will b driven out of business if tb alleged discrimination does not cease. E. O. - Moffsxt, president of the Moffatt Commission company of this city, testified that 75,000,000 bushels of grain pass through tha local market each year. Of this, he aid. 30 per cent 1 transferred through local elevators, IS per cent I consumed by mills and tb remainder Is shipped through . . a . . . 1 1 a . t ! hat 'OCJ.v.deaIrT lren tag by th system of free handling and free storage for ten daya It was shown that the Murray elevator, owned by the Burlington railroad, continue the practice of handling grain free. Since last October the Santa Fe haa charged for transferring grain at Argentine, Kaa.. but gav ten days free storag. It wa brought out at the hearing that when grain 1 shipped over roads owning elevators In Kan ' City there is no charge for handling. Commissi oner Clark said today: The most peculiar condition exist In thi whole elevator situation. They hav charge, no two of which are alike, Ther la such a muddle that condition and charge at on elevator can not b com pared with eonditlona and charge at an other elevator." HYDROPHOBIA IN TWO PLACES Brooklyn) Bay Dlea ail Bt. Paul De cide ta Ma ami All Dear. NTCW YORK, Feb. 4. Raymond Meyer, a school boy of Brooklyn, who was bitten January 27 by a mongrel dog, died of hydrophobia today at th Long Island hos pital. Thro other children who wer bit ten by th asm dog hav had their wounds cauterised and at under observation. BT. PAUL, Feb. ly Sevan peraons wer bitten by rabid dogs In St. Paul yesterday and last night the oommra council passed an ordinance directing th health' commis sioner and chief of pollc to order that ad dog be muzzled. If any dog ar found a th street without a muzzle after three days bene they will be shot by th polli. Th attacks of th dog. wer at different time and different localitlea, so that It is not kaown how many rabid dog there ar tn th city, but th rabiea ar believed to be apidemlo on account of th sever cold. CONGRESS' POWER LIMITED f Hens Jaglelavry Com mittee Say It Cevavaet Baa. press Child Labor. WASHINGTON, Feb. 4. Chairman Jan- kins of th hous oommitte on Judiciary ' a-uhmitted a report today la which it la j dated that th committee la of th opinion that "imiifTaes baa no Jurisdiction or au thority ever the subject of woman and child labor and haa aa authority to suppress any abuse of such labor or ameliorate conul Uorts surrounding th employment of sach laborer." Th oommltts hold that th regulation of we mil and child labor la within tha puUsa sewer f ta vmu ataies, ' WOMEN ARE FROZEN TO DEATH Three Perish la Big Bllssard la th Dakota Heavy Lasse aa Ra Reported. BTUROlS, S. D., Feb. . (Special TVle grsm.) Word wss received here today that Mrs. Jacob Wahl. residing ten miles from Stoneville. froxe to death during the big bllzsard a few days ago, She went to Stoneville after mail and was overtaken on her return by the storm and perished. The body was found next day. It will ar rive here tonight. From Bend com reports of a middle aged woman being frozen to death In her home. She burned up all the furniture for fuel. She lived alone and report aay she waa found dead In her bed by a neighbor who went to visit her. Mrs. Lagran of Top Bar Is also reported to have perished on the prairie during the recent blizzard. The body, it Is expected, will not be found until th snow melts. Several schools throughout Meade county suffered severely during Friday' storm. Some Children with the teacher were com pelled to stay In the school all night. Other were taken to farm house and re port from the cattle ranges are that many dead cattle are scattered around, also sheep. LINCOLN, Neb., Teh. .-CRttlemen from the sandhill country of ncrthweet Nebraska say that heavy losses have been sustained because of th long continued sever weather. Beginning a early as October It was necessary to feed hsy, th range be ing covered. A little later a heavy sleet storm covered the range grass, and with the snow that followed all kinds of stork have suffered severely frem cold and hun ger. Reports from the neighborhood of Billings, Mont., one of th center of the sheep industry, are to tha eltect that some sheep men hav lest 80 per cent of their drove. This means ruin for some flock- masters. WINONA. Minn.. Feb. .-Th cold snap which has prevailed since Frldsy remained unbroken today, street thermometer regis tering twenty-flv to thirty below aero. SUPERIOR, Wis., Feb. C Thirty below aero weather still obtains In Superior today, making a full week In which th rang has been from fifteen to forty below with out a break. FATAL FIREIN BOSTON Os Man Killed and Thirteen IaJared When Department Stare Is Destroy. BOSTON, Feb. . One man was killed snd at least thirteen other people were Injured In a fir that destroyed the block occupied by Hunt Bros', department store and seven tenement on Tremont street. In th Roxbury Crossing district, early today, causing a loss of upwards of XIOO.OOO. The dead man Is Jacob Gold, who was overcome by smoke and died before med ical assistance could reach him. Two' of th Injured wer taken to the city hospital In a critical condition. They arc Mrs. Kate Glass and her baby, only two daya .old. Ths fir department waa hampered in reaching th seen by th huge snow drifts that blocked th streets. Many thrilling rescues wer made by the police, firemen and member of the Bhawmut Athletic dub, which waa holding a meeting la the block ax tha tun tu flame wer dlarrr. red.-' ' " Th blsse st.trtell In the department store, which occupied the first floor of th brick and wooden block which run from Tremont I street back to .Columbus avenue. On the mont street side of the building th tenement were occupied by twenty fam ilies, totaling about 130 persons. Gold waa overooras while attempting to make his way down the stairway, hi body being found and carried out by a firtman. Party walls and th determined work of the firemen saved the adjoining structure, which wer used as tenements, but the oc cupants were driven out by the smoke and many suffered severely from the bitter cold. Four ladder men sustained minor hurts by being thrown from their ladders by a hot air explosion. LAND LAWS ARE DISCUSSED te Committee Favor UavM af Abeeae t Homesteader Dar lmg Wlater Month. WASHINGTON. Feb, 4. Ths senate committee on public lands today au thorized a favorable report on a bill per mitting th leave of absence to entry men under the homestead law during the months of December, January, February and March. The commltte reported an amendment providing that In th cotnmu- J tatlon of homestead proofs no credit for th period of actual absence under this act shall be allowed. Senator Newlands offered aa an amend ment a provision which would extend tb commutation on homestead from fourteen month to three year' actual residenoe, but It wa rejected. Tb provision, however, led to a general discussion of the commutation clause and it was stated that President Roosevelt favored the requirement for Increased real' dene. Senator Newlanda, in tb commltte oh publlo lands, today offered a resolution for appointment of a commltte of flv sena tors with th request that th senats ap point a alrailar commltte to confer with the president and the secretary of tha Ul terior for the purpose of finding means of breaking the deadlocks in th matter of issuing patents for land. H argued that tb controversies that have arisen have Injured th development of th west. It waa finally agreed to appoint a commute to consider th general subject of a re vision of the land law and leave to this committee the question of conferring with tb president and officials of tb Interior department. ANGRY MANSH00TS FOUR Hew Yevk Italian Object a laevtag sal Kill Twa Fellow Workmen. NEW YORK. Feb. I Enraged becaus he had been plagued by fellow workmen, Gabriel Ferrara, aa Italian, suddenly turned upon a scor of them who wer standing In tin near a New York Central pay car at tha Grand Central station today and shot four men. One of th man. trainman named Jonea, waa Instantly killed. Th wounded were: Anthony Cenotty, shot In th left shoulder: Rufus Ayren, shot through th kidneys, died en the wsy to th hoeplta. and Edward Tompkins, bullet not located. k Ferrara declare that some of th men Jostled him and finally forced him out of his place la tb line to th pay car. Hs went home, armed himself, returned and nnc more took a plac la th line. Again the Jostling began and th Italian waa forced from his place. This time be turned an hi tormentor and fired four afaota lata tb crowd, every bullet reaching a mark, and tour nn fall. MAKING PLEDGE GOOD Joint Committti Feportt Two-Cent ran ind Anti- i mi Bill. LATTER STRINGENT IN ITS CHARACTEI Full Committee Tichteii Up Work ef EnV Committee. i OMAHA CHARTER Ell C0M1N6 ALONG Warden Feemer Thinki the Penitentiary Will fie Self-Bmtaining. ASKS NO APPROPRIATION FOR BIENNIUV eater King Ha Several Proposed Ameadmeat ta tha Slat Coastl. tatlon. Which Will Ap pear Soon. (Fro , a Staff ,Corrpoeident.) LINCOLN, Feb. (.(Special.) The anti pa bill and th S-cent passenger rat bill were Introduced in the house thi after noon by the Joint commltte appointed to draft railroad measures. Notwithstanding tile latter measure was not mentioned la the republican mat convention platform, and many members seriously doubt th ability of the state to enforce It. the bill, like the anti-pass bill, will hav the unan imous support of the Joint railroad com mittee, which practically assures It pas sage. Th introduction cf th anti-past bill, which la more stringent than th measure drafted by the subcommittee, starts Pledge No. t well along the road, while the railroad commission bill, which Is supposed to be more Important thsn them all, probably will be Introduced tomorrow. Then the Joint committee and the pledge keeping member of th legislature expect to aee the measures receive every vote in both houses, as each member is pledged alike by his slate convention whether re publican, democrat or populist. While there waa no dispute over tha adoption of the subcommittee t-cent rat bill th anti-pas bill of tb subcommittee was rejected In lta entirety and the Joint committee adopted almost verbatim the bill prepared by Representative Knowle of Dodge county, who was a member of tha subcommittee. The bill submitted by th subcommittee waa almost a duplicate cf the King bill In the aenate. Too many people were exempt however In the mlnda of the commute and under the bill lrr troduced even old eoldlers and newsboy, ar barred from receiving passe Captain Palmer of Omaha mad a plea for th soldiers to be allowed to receive these cour tesies, but Walsh hit th Omaha post master as hard as the latter hit the com mittee bill so that ended the matter. Test of the Bill. The bill adopted by the committee and introduced la aa follow: - Section 1. It shall he unlawful for any railroad company or corporation owning or operating any line or lines of railroad in tb state of Nebraska, or any ofUeer or agent ft any uch company or corpora tion to directly or Indirectly issue, or give to sny person or persons any Ire tfcekot, free psss or free transportation in . nv, form, for the transportation of any bas senger or passengers over or on aay lln or lines of railroad or any part inereoi so owned or operated by it in the state of Nebraska, except to persons within th clauses hereinafter deslgnsted and lim ited; and it shall also be unlawful tor any person or peraons, not Included wltn'n urn classes nereinarier aeaignai a ana limited, to accept and use any sach free ticket, free pase or free transportation ta any form (ao Issued and given In viola tion of the provisions of this act) for travel on and over any line or lines ft railroad or any part thereof In the stale of Nebraska. Provided, however, that nothing con tained in thla act shall be construed to prohibit rr make unlawful the issuing or giving of any such free ticket, free psss or free transportation to any person cr persons within the class hereinafter des ignated and limited, or the acceptance and use of the same by persons within such classes, vis.: bona fide employes and their families, officers, surgeons who are an nually employed at a salary of not less than 1600 per year; attorneys who ar actually employed and receiving a salary of not less than 1600 per year; to neces sary caretakers ft live stock, poultry and fruit: to employe on sleeping cars, ex press and basrgage cars, and to linemen . of telegraph companies, to railway mall service employes, baggage agents and per sons injured In wrecks snd physician and nurses attending such persons. Provided, further, that the provisions of this act shall not be construed to prohibit the Interchange cf passee for the rfll-ers and bona fide employes and their families of other railroad comnanle nor to pro hibit any railroad corporation f rem carry g passengers free with the object of providing relief In case of general pl demic, pestilence or calamitous visitation. Any railroad corporation violating any of the provision of this act shall be guilty of a mlademeanor, and for each offense on conviction thereof shall pay a fins of not less than f 100 and not mora than fl.000. Omaha. Charter- Ameadmeat. . Ths Omaha charter amendments prepared by City Engineer Rosewater and Intro duced by Mike Lee were recommended for pasaag In th house by th committee on cities and towns thla afternoon and th committee will fight for the passage of tb bill without a change. Mlka Lee and Clarke got together after the talk last night and struck out the section providing for tha Isausnc of bonds to pay current ex penses and cut down th pollc levy to tUO.000 Instead of 1190.000. Tb other fund wer left as th bill originally provided, while the section placing tha employes under th direction of the city engineer should b under civil service, was amended ao that when it waa necessary to discharge employes because of lack of funds or be caus of the completion of work, th em ployes longest in th service ar ta be let out last. t Among th bills which passed th bona was tb bulk sales bill, which was Intro duced by Clarke, and at the. sunt tiro It was recommended for passage In th aenats, with King of Polk and Burns of Lancaster fighting It. Borne of th republican ar beginning to become afraid lest the republican legis lature turn itself Into a prohibition party, and their fear, were Increased this after noon when th hous placed on the general fil th two bill by Senator Root of Caa county providing that parcel oontamlng liquor should be properly labeled when sent out of a town and providing tha place of raoalpt of liquor shall be tb plao of sale. Thla la no Indication, however, what th house will do with the oounty option btUL Bills for Ameadmewta. King of Polk will shortly introduce In th senate a bill or two providing for con stitutional amendments, and b aspect to urge their adoption. Beaator King 1 In favor of a board of control to look after th suit Institutions and b believe If tb constitution wer amended providing for this board tb stats would sav thousands of dollars annually. II ha found tb stat officer have to neglect their offloe work to attend to th board work, or th ravers, and tha board of control ta neces sary. H will aiao introduce aa amend BLsat providing tor & auxrcne tijta. S