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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 12, 1907)
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The Omaha Daily Bee
VOL. XXXVI -NO. 205
OMAIIA, TUESDAY MOKNIXO. FEBRUARY 12, 1907-TWELVE PAGES.
SINGLE COPY THREE CENTS.
HIND IS DEFECTIVE
Alienist Testifies to Kental Condition of
Harry X. Thaw,
DID NOT BELIEVE HIS ACT WRONG
Answer Mad to Lone Hjpothetioal Qo.es
tion OoTtrlnc Mrs. Thaw'sBtorT.
DEFENDANTS WIFE AGAIN ON STAND
Hots Sao Wrote light Whits fu Killed
Placed in Evidence.
THAWS WILL IS PARTIALLY IDENTIFIED
Farther Attempt Will Be . Mad o
Place DmhmI la Evidence
Wn Barred frwm the
NEW YORK. Feb. 11 Answering a hypo
thetical question covering every detail of
the testimony up to thl time In the Thaw
trial, Including Mrs. Evelyn Nesblt ThaWs
narration of her life history, Dr. Charles
O. Wagner, superintendent of the state
hospital for the Insane at Blnghamton, N.
Y., declared on the witness stand today
that In his opinion Harry K. Thaw did not
know that his act was wrong- when he shot
and killed Stanford Whits.
Dr. Wagner stepped aside for later cross-
examination by District Attorney Jerome,
and aa court adjourned for the day It was
announced that the defense would offer
testimony from other alienists tomorrow
Dr. Wagner' opinion of a hypothetical
Question, the man under consideration be
ing the author of the letters which have
been Introduced as emanating from Harry
Thaw during his estrangement with Evelyn
Nesblt after their return from Europe In
lu3. followed a day of legal sparring be
tween Delphin M. Delmas for the defense
and Mr. Jerome for the prosecution.
Mr. Jerome effectually blocked the com
pletion for the time being of the direct
testimony of Mrs. Evelyn Thaw by Insist
ing that before she should go further, com
j.etent testimony as to Thaw's unsoundness
of mind should be given. Mr. Delmas tried
to carry forward the young wife's story,
but the district attorney was on his feet
with an objection to every question.
Teatlmoay Regarding Will.
Mrs. Thaw had been recalled as the third
witness of the day. One of her predeces
aors was J. D. Lyon, vice president of the
Union National bank, of Pittsburg, who
Stated that he had received Harry Thaw's
will from the latter' own hands some Urns
prior to April 1. 19o, and. had held It in
a safe deposit box until late In November
last when he directed hi secretary to tor-
ward it to John B. Gleayton of Thaw'
counsel. Mr. Gleason then swore that hs
had received the will oy mail December 11,
ISOt, and that absolutely no changes had
been made In the Instrument while In his
possession. Mr. Jerome admitted the pro
gress of the will from Mr. Lyon to Mr.
Uleaaon without the necessity of calling
the former's secretary. Mr. Delmas did
not offer' the will In evidence, however, ow
ing to the fact that It has not In Its en
tirety been proved as having been legally
executed bjr Thaw.
When young Mrs. Thaw wa called to
the stand she was dressed precisely as
when she occupied the witness chair last
week. Aa she was taking her seat Mr.
Delmas turned to the district attorney and
. renewed his demand of Wednesday that
the note which was passed by Mrs. Thaw
.to her husband at the Cafe Martin the
right of the tragedy be produced. Mr. Jer
ome, at the former demand had remained
silent. Today he at once said he would
send for the slip of paper. It was brought
from hi office. Identified) by Mrs. Thaw,
and read by Mr. Delmas, as follows:
' "The B was here a minute ago, but
went out again."
The contents of the note caused a sur
prise only as to the exact wording. It had
generally been supposed that the note read:
'The B Is here." v
Mr. Thaw testified today that "The
B " meant "The blackguard." a Thaw
always referred to Stanford White.
The other essential point Mrs. Thaw wa
allowed to bring out was the statement
that the defendant never carried a pistol In
New York. She was asked many other
quentlons, embodying various stories she
(had discussed with Thaw, Including the al
leged fate of a girl known to them aa "The
rio Girl," at the hands of Stanford White,
but Mr. Jerome blocked every question with
After compelling the defense to begin ex
pert testimony as to Thaw's Insanity by his
objection, Mr. Jerome next proceeded to
block the testimony of Dr. Wagner aa to
the result of his six visit to the defend
ant In the Tombs, and his teets as to the
latter' mental condition. Dr. Wagner
wa not allowed to go Into the conversa
tions he had had with the defendant, nor
the conclusion he had reached. He wa
confined to what he actually observed and
he declared his observations were so closely
Interlaced with his questioning of the de
fendant that he did not krow whether he
could separate them.., ,
v Long- Hypothetical Question.
A long argument over the point resulted
In Mr. Delmas withdrawing any further
questions as to the tests, contenting him
self with asking Dr. Wagner to give his
Opinion of the hypothetical question cover
ing the evidence In the case. The question
was almost record-breaking In length
a comprehensive resume of the entire
case, Including Mrs. Thaw's personal nar
rative. In It Mr. Delmas accused Stanford
White of having "drugged" Miss Nesblt
and of having atempted to renew "com -
municatlon or relation" with her ubse-
quent to her marriage. Mr. Jerome ob-
Jected to- these feature and It was
amended to embrace th evidence of record first lieutenant and regimental adjutant of did not contain material enough upon
as to the disputed point It wa on th th econd Oregon Infantry In isss and : which to make a report and they aug
a mended question that Dr. Wagner gave J afterwards captain In the Thirty-fifth j gested that more definite Information be
It a hi opinion that Harry Thaw did not j United States volunteer Infantry. He waa ' obtained. Following thl suggestion. Con
know, because of defective reason, that his ' appointed se corgi lieutenant of the Fourth ' greesman Pollard today wrote Speaker
act in killing Whit wa wrong. When the regiment regulars In lslol and wa first Nettieton of the house of representative
doctor I taken In hand by Mr. Jerome he : lleuteuant in the Tw?nty-nlnth In 19ue. His ' as follows:
will hav to gtv detailed reason for hi regiment Is now stationed at Fort Duch- j Your memorial Is received, praying for
' Dr. Evan of the New Jersey Stat hos
pital for th Insane will be th first wltnes
for the defense tomorrow.
A new rule by Justice Fitzgerald, barring
from th court room all women not en-
gaged In active newspaper worx, went into
had direct order this time and obeyed
lCaUnu4 ea ikxsund Pag-)
effect today. Many of those who. bedecked other Belgian official. In consequence of ' none to correct in aDuse the matter will water to the Salton sea, I rapidly going
In gay costume, had Occupied front seafa representations on th part of the people VhatSeded'ta'more inspectors' I m th Va"ey' " ' "tc,ed tha
heretofore, wer on hand early thl morn. : hat the government waa continuing to . think there will be no trouble in womlng a I Balton ea will now fall steadily and will
Ing. hut to no avail. The court officer I aupport th Belgians, against whose con- reasonable Increase In their number. fully duappear through evaporation In
SUMMARY OF TOE DEE
Taridar, February 12, 10UT.
1907 FEBRUARY 1907
SUM MOM TVt WIO TWO r (AT
3 4 5 6 7 8 0
10 II 12 13 14 15 l v
17 18 10 20 21 22 V
24 25 26 27
FORECAST FOR NEBRASKA Fair
Tuesday and Wednesday.
FORECAST FOK IOWA Snow Tues
day, Wednesday partly cloudy.
i emperature at Omaha yesterday
1 p. m 43
6 a, m
6 a. ra
T a, m
2 p. m
t p. m ,
4 p. m ,
i p. m
6 p. m ..... .
7 p. m
5 p. m
9 p. m
10 a. m
11 a, m
U m 41
Tnomas' bulk sales law passes
Nebraska senate by a vote of 22 to .
Congressman Martin has wired I'lerre
a denial of charges made against him
and demands name of his accusers.
Joint committee at Lincoln hears argu
ment on bills for annexation of Omaha
and South Omaha, with Indications of
favorable report on the measure, rag 1
Subcommittee of Nebraska legislature
gets down to work on the primary bill,
but measure Is not completed at first
sitting. Fag 1
Iowa legislative committee favorably
reports bill fixing a minimum average
speed for live stock trains. rag
Railroad commission bill Introduced In
both houses of the Nebraska legislature.
Congressman Klnkald holds out and
carries his point regarding Judicial bill.
Term of court to be held at Chadron.
Inspector McLaughlin has treaty with
Sioux for cession of lands in Tripp county.
South Dukotu, but decline to make Hi
terms public at present. rag 1
Senate committee on agriculture gives
public hearing on Burkett grazing lease
amendment. Cattle men favor the propp
sltlon and the sheep men oppose it.
Senate passes the army bill amendments
permitting officers to accept free trans
portatlon, and Increasing pay of ofhceis
and men 1 stricken out. rag 3
Pleasanton la four feet under water,
as the result of an Ice gorge In the Loup
river. A big bridge near Loup City has
been swept away. rag
President would deny transmission
through- malls to papers containing full
account of Thaw case; New York federal
district attorney will present matter to
the federal grand Jury. , rag B
Old frigate Saratoga, now Pennsylvania
school ship, come - Into harbor badly
damaged by Itorm. rag 1
Dr. Wagner, an expert on Insanity, tes
tifies that Harry K. Thaw did not, know
he was doing wrong when he shot Stan
ford White. rag 1
Omaha, St. Joseph and Kansas City
shippers file charges with the Interstate
Commerce commission, alleging conspir
acy of railroads to raise rates between
Missouri river and Atlantic coast.
Interstate Commerce Commlslsoner E.
E. Clark holds brief session in Omaha
to hear complaint regarding switching
charges between ' Council- Bluffs and
Omaha. The Omaha Grain exchange has
ten days In which to file written briefs
and the Union Pacific the same time In
which to answer. rag
' In a signed note Dr. Georges L. Miller
refuses to continue aa member of the
Board of Fire and Police Commissioners
by appointment of Governor Sheldon
Councilman MeOovern charge market
gardener have formed a combination to
control prices. rag 4
Byron Reed collection at city library
contains letters, ' autographs and other
souvenirs of Abraham Lincoln. rage 4
BOERS WIN FIRST ELECTION
Dutch Party Haa Working; Majority
la New Parliament In Trans
JOHANNESBURG, Transvaal. Feb. 11.
The firat elections to Parliament under the
new Transvaal constitution will be held
February M, with every prospect of the
Boers obtaining a useful working majority
In the House of Representatives. The nom
Inatlons fof lxty-nlne seats occurred Feb
ruary and today ten Hetvolk (Dutch
party) candidates were declared, unopposed,
These Include ex-Fresldent Schalk-Berger
and General Dclarey and Erasmus. The
campaign has been a straight fight between
the progressives (British party) and th
Hetvolk. The latter secured the support
of British mine workers who are opposed
to Chinese labor, while the progressives
were largely under the leadership of the
n In owners. Sir Richard Solomon, former
lieutonant governor, of the Transvaal, has
Joined the Hetvolk and probably will be
the first premier.
COURT-MARTIAL FOR CROWLEY
First Lieutenant la Twenty-Ninth
Infantry Chanted with financial
SALT LAKE CTTV. Utah, Feb. 11. The
court marital oi rim ueutenioi ius-ene
j p. Crowley, company M. Twenty-ninth in-
fantry, on thecharge of financial Irregu-
luritle. ha been ordered and will be held
at Fort Douglas. Lieutenant Crowley was
! Persia Ulwiuri Urlalann.
I TEREHAN. Feb. 11. Th Persian gov-
eminent ha dispensed with the services of
! Minister of Custom, and Post. M. N.ue.
r"t. mmn, an-
du-t In th administration of their offices
serious complaint- Wiw been n5, fo
otoe tim past
RINKAID CARRIES MS POINT
Secures Term of Federal Court for Chadron
in Hew Jadioial Bill.
.K-r HAS TR-ATY WITH INDIANS
He Nor Commissioner Unpp
Jlng to GIto Oat Terms of
Agreement Regarding; Tripp
(From a Staff Correspondent.)
WASHINGTON, Feb. ll.-(8peclal Tele- I
gram.) The Judicial division bill will be re
ported to the full committee of Judiciary
of the house on Wednesday and a favor
able report will be made Immediately there
after. Judge Moses P. Klnkald of the Sixth
Nebraska district, not being enamored of the
manner In which the Judicial division bill
was drawn and Introduced by Judge Norrls,
started a crusade against It and by reason
of his work with members of the Judiciary
committee today wrote Into the bill a new
place In which to hold federal court In the
Sixth district, thereby winning a substan
When everything seemed to be up In the
air after the final conference of the dele
gation, wherein Judge Klnkald Insisted that
at some place other than North Platte In
the Sixth district court should be held and
wa outvoted. Judge Klnkald took up the
whole subject of a new Judge for Nebraska
with the Judiciary committee. He so Im
pressed the committee with his arguments
and Incidentally worried the delegation that
It wa finally agreed to leave the whole
subject to Senator Millard and Burkett as
subcommittee to endeavor to present the
claims of the Sixth district to the subcom
mittee of the Judiciary committee of the
house. They performed that work today
with the result that Chadron was selected
ns the official place In North Platte dis
trict to hold a term of court.
Judge Klnkald Insisted that In view of
the extent of territory and the number of
desirable towns In which court shoulJ be
held. If an additional Judge was to be g en
to Nebraska that Alliance and Chadron
should be considered. He wanted both, hut
the subcommittee could not see any reason
why both towns should be Included In the
new division bill and accordingly cast (heir
vote for Chadron, and for which Judge
Klnkald has been contending.
Other Changes Mr.de Necessary.
With Chadron named as one of the places
for holding court In the North Platte ter
ritory, some changes had to be made over
the bill Introduced by Judge Norrls so
far as the counties attached to the sev
eral districts are concerned. A a result
of the realignment Cherry county Is taken
out of the Norfolk district and put In the
Chadron district. North Platte loses no
counties except on the north. Box Butte,
Sheridan, Dawes and Sioux being Included
In the Chadron district. As the bill now
stands and which wo reintroduced this
evening by Judge Norrls, place for holding
court In the north half of the state, using
the Platte river as a divisional line, are
Omaha, Norfolk, Grand Island, . North
Platte and Chadron. In the south, Lincoln,
Hastings and McCook. , '
From the beginning Judged Klnkald In
sisted that the proportion of population
preponderated for Chadron, and going over
the statistic he showed the committee
that If the bill wa Intended to bring relief
to the district court of Nebraska and at
the samo time work out a better condition
for those who were compelled to resort to
court, that Alliance, Valenyne and Chadron
were towns to take Into consideration.
It wa early demonstrated that. Valentin
could not be considered and It resolved It
self Into a question of choice of two place
Alliance and Chadron, and Chadron won.
Congressman Kennedy, who waa but on
of th delegation who believed a division
of the state at this time was unnecessary,
realising that he would have to make th
best terms possible. Insisted upon counties
naturally contiguous to Omaha, with the
result the Omaha district I left In fairly
good shape, so that when the bill passes,
a now seems certain, with the conces
sions made, that it will be provided with
a section of territory that Is wholly nat
ural to the metropolis of Nebraska.
MeLaaa-hlla Brlna Treaty.
Edward B. Kelly, agent at the Rosebud
Indian agency, South Dakota, and Major
James McLaughlin, special Indian In
spector, arrived In Washington Sunday
night, and today had a conference with
Commissioner Leu pp. Neither Commis
sioner Leupp nor Major McLaughlin were
prepared today to fake public precisely
what the latter had accomplished with the
Tripp county 81oux. A treaty. It 1 under
stood, ha been agreed upon between these
Indians and the government which will be
satisfactory to both parties.
Several bills . have been Introduced by
senator and representative from South
Dakota to open this agricultural land In
Tripp county to settlement. Practically all
are modeled upon the bill which wa en
acted throwing open the Rosebud lands In
Gregory county three years ago and the
method of payment by settlers is to be
about the same. The matter of price per
acre ha been the point over which there
ha been some haggling, and now It is said
the Tripp county Sioux are willing to ac
cept a maximum price of 36 per acre.
legislature Not Speclae Eiosih.
Member of the Nebraska delegation have
received resolutions adopted by the house
of representatives of the state aa follows:
First. Instructing senators and request
ing representatives in congress to work and
vote against the ship subsidy bill.
Second, requesting changes In the Inspec
tion law of Its administration to provide
for inspection In farmers' or shippers'
yard with permission to shin within thirtv
duys thereafter, thus obviating delay under j
the present system and conaeouent nnnnini
These resolutions were Introduced today
by several member of the delegation. i
Congressman Pollard, appreciating the In
spection resolution contained very definite '
matter on a subject of vital Interest to
. - ... rui..Aa. p.w nom
h secretary of agriculture and Dr. Mai-, "P v " an"nu
vln. chl,t the bureau of animal industry. ' tleraDer'
! hl morning regarding the memorial of Dl 111 nil mir-i
' 'h legislature and was Informed that ItlCCLQRADO BACK IN CHANNEL
more adequate Inspection of cattle and
sheep in Nebraska. I took I his matter up
this morning with the secretary of agrlcui-
lure. non. james wuson. ana with Dr
Malvln. chief of the bureau of animal Ini
, dustry. They advised me that if they are i
, Jg thenT'to'flnd" o"ut exacUy" whe?e the1
trouble lie. ana wnat is necessary to be
J' y.our ""ratle body will give me fur.
ther Information, something a. a basis for
(Continued oa Second Pago.) '
STEVE ADAMS IS ON TRIAL
Learal Battle for Life of Miner
Charged with Mnrder Begin
at Wallace, Idaho.
WALLACE. Idaho. Feb. 11 The great
legal battle for the life of Steve Adams
began here today. On one side are the
forces of the state, seeking Adams' con
viction, the first step toward convicting
the leaders of the Western Federation f
Miner, who are charged with the assassi
nation of former Oovernor Stsunenberg
of Idaho; on the other Is the powerful
federation, declaring the charges are fali;
and an attempt by the mine owner to
break up the union.
The crime charged against Steve Ad
ams Is the murder of Fred Tyler, a set
tler who disappeared from his timber
claim on Marble creek about August 10,
1904, and whose body was found later.
Tyler's murder remained a mystery
until the death of Oovernor Steunenberg.
Harry Orchard's graphic confession not
only Implicated Steve Adams and other
federation men In the governor's murder,
but declared that Adams and Jack Simp-
kins also killed Tyler because he had
taken up the timber claim. Simpklns has
never been found.
Adams was arrested at Haines, Ore ,
February 20, 1906, and taken to BoIsp,
where It Is alleged he confessed the Tyler
murder. This confession he now denies.
and It Is believed he will claim It was
wrung from him by force and is false.
Later he waa spirited away from Boise
to Wallace, Sheriff Sutherland leaving the
railway and Journeying by wagon to avoid
the. service of legal paper to get his
prisoner from him.
The preliminary fight over the selection
of a Jury Is expected to continue for ten
days or two weeks. About a hundred
Jurors were summoned.
Warner H. Hanlon Is In charge of the
case for the state, assisted by Attorney
Hawley of Boise and J. E. Gyde and 8. P.
Knight of Wallace. Senator-elect W. E.
Borah may also take a hand.
Fpr the defense will appear F. F. Rich
ardson of Denver, Fred Miller of Spokane,
A. A. Crane of Harrison and John
Wourms of Wallace. Clarence Darrow of
Chicago Is expected to arrive tomorrow.
CORRUPTION JN VENEZUELA
Orinoco Corporatloa Accuses Official
of Attempting; to Deprive It of
CARACAS, Feb. . Via Wlllemstad. Cu
racao, Feb. 11. The boldest attack on al
leged Venezuelan government corruption
ever recorded ha been made by Adolph
Dolge, former American consular agent
here, resident director of the Orinoco cor
poration and secretary of the United States
commission on Venezuelan claim. Mr. Dolge
has field with the goveriynent a long ex
posure of certain prominent officers' at
tempts to rob the corporation of It Im
mensely valuable rights in the Orinoco
dnlta. Printed copies of the document are
dstrlbuted widely, because the censored lo
cal newspapers cannot publish the charges.
In order to avoid causing any embarrass
men at Washington, Mr. Dolge has pre
eerted his resignation a consular agent
to Thoma P. Moffatt, the American con
sul at La Gualra. In the document Mr.
Dolge reiterates a long list of wrongs for
which prominent politician are blamed.
The latest aggression complained of Is
that the authorities consented to the trans
fer to a New York syndicate known as the
Otlnoco Lumber company of part of the
property which, he assert according to the
decisions of both the Venexuelan supreme
court and the international arbitration con
ference, belongs to the Orinoco corporation.
Mr. Dolge Is th son of Alfred Dolge of
WASHINGTON, Feb. 11. The officials
here, though not advised of the resigna
tion of Mr. Dolge, were not surprised to
near that It had followed hi attack on
the Venexuelan government. His status
is different from that of a consul, In that
his official connection with the government
Is really established only in the absence of
the consul general. It is fully expected
that Mr. Dolge will be expelled from Ven
ezuela, as wa M. Jauret for a similar
attack. He ha filed a claim for pre
sentation through the State department
Ameer Now a Masoa.
LONDON, Feb ll.-The Ameer of
Afghanistan, ' according to a dispatch to
the Standard from Calcutta, ha been
Initiated aa a Free Mason. General Lord
Kitchener, in command of the troop In
India, waa among those present at the
Robber Get Russian Gold.
MOSCOW, Feb. 11. A messenger belong
ing to the government spirit department
here, while on his way to a bank this
morning, waa held up by ten armed men
and robbed of I2&.500. Th highwaymen In
their flight dropped a bag containing 32,500,
but got away with the balance.
Flarhttaa- la Persia.
. LONDON, Feb. 11. It wa announced in
a special dispatch from Terehan this after
noon that anti-government bands had
seized the ammunition stores at Tabriz and
that faction fighting wa proceeding. In th
Consul Roosevelt III.
BRUSSELS, Feb. 11. The American con
sul general here, O. W. Roosevelt, who
ha been under treatment for intestinal
trouble ha suffered a relapse and hi con
dition la now critical.
Kxploalon at Woolwich Arsenal.
LONDON, Feb. 11. A terrlflo explosion
, n,luv vrarM the chemical research A.
' ....... . ,. Ka WnAlivL.h - r.....al T. I ..
believed no lives were lost.
Spain Promote Topete.
MADRID. Feb. 11. Vic Admiral Topete
it Is stated, will be named admiral of the
. . . 4. , . . . . .
Break la Big Levee Near Imperial,
California, Closed Moaday
IMPERIAL. Cal.. Feb. 1L The last water
coming through the break In the Colorado
river was shut off thl morning after a
g and hard struggle by the Southern
Pacific Railroad company. 'The levees have
1 been put in good condition several mile
below that break and are being extended
rapldly Wlth the ald f hundr' "
i ",lu " nv-r, carrying
about ten year. Th floods hav caused
little actual damage to lb suJUvated land
of th valley
ANNEXATION BILL HEARING
Indication! of Favorable Beport,
Amendment ai to Time.
PRIMARY BILL COMMITTEE HILDS SESSION
Term of Dodge aad Other BUI Gone
Thro ash with Informally, hot No
Acreemeat Reached oa Nam
ber of Points.
(From a Staff Correspondent.)
LINCOLN. Neb., Feb. 11. (Special Tele
gram.) After a Joint debate on the Thoma
bill to consolidate Omaha and South
Omaha, held In Representative hall, It ap
pear practically certain that the senate
committee on Judiciary will report favor
ably on the bill with an amendment to
allow the present officials of both cities to
serve out their terms. This would delay
consolidation for over a year, but It Is un
derstood the amendment has practically
been agreed upon and Senator Thoma to
night said he would not oppose It. The
Thomas bill does not provide for the sub
mission of the question to a vote of the
people of either city.
The meeting tonight was held by the
house committee on cities and towns and
the senate Judiciary committee. John P.
Breen, author of the Thoma bill, and
Mayor Dahlman championed consolidation.
and A. H. Murdock, H. B. Fleharty and
Rev. Robert L. Wheeler of South Omaha
vigorously opposed It. The opponents of
the bill spent considerable time "knocking"
on Omaha. Mr. Fleharty said the people
of South Omaha favored ultimate consoli
dation, but not until all of the suburbs
could be merged Into one consolidated city
apd county government.
While Mayor Dahlman favored annexa
tion, he gigged back on hi former offer
to give up his office any time and said he"
thought a bill which would cut short his
term of office would be unfair. Besides the
speakers, City Attorney Burnham, City En
gineer Rosewater, W. H. Herdman and sev
eral of the eouncllmen from Omaha, and
Mayor Hoctor and a number of the South
Omaha officials attended the meeting.
Hearlnar oa Game Bills.
An open meeting of the fish ' and game
committee of the senate was held tonight
and stereoptlcon views were used to con
vince the committee that spring shooting
of ducks and geese should be prohibited.
Prof. R. H. Weleott of the State university
was the principal speaker. A number of
the senator from the northwest are trying
to close the season during the spring
months. The committee is considering
amendments to the bill passed by the house
to permit quail shooting from November 1
to November 18, and to close the duck sea
son April 1 Instead of April 15. A large
number of sportsmen attended the meeting.
Considering: Primary Bills.
The direct primary subcommittee met to
night and discussed section by section the
Dodge bill, the principal change made be
ing the elimination of the petition for nom
inations. Other minor changes were made
with the view to simplifying and shortening
the bill, though the filing fee wa left as
it wa In the original bill. The question
of th rotation ballot went over with little
discussion, as both Patrick and Dodge fa
vor It and It Is thought Brown and Aldrtoh
are against It. Thl probably will be left
to the Joint committee.' The committee did
not finish Its work.
"The merits or demerits of a direct pri
mary law are not up for discussion at this
time," said former Senator A. B. Cady,
who came In from St Paul tonight, "The
party Is pledged to such a law In It plat
form and the individual member are
pledged to enact such a law, so It should be
done. Of course, there are seemingly some
objections to a state primary, but there
are many objections to a convention, which
experience ha shown us. A direct primary
will bring the government closer to the
people and It will also bring the people
closer to the government, and this Is what
the country needs. It place responsibility
upon the citizens."
Inssmuch a he fathered the railway
commission amendment to the constitution.
Senator Cady Is naturally Interested in the
commission bill. "I read the bill." he said,
"and thought it good work. I hope the
legislature will pas a bill which will give
the commission absolute power to change
and fix rates, along the line of the na
tional law. he commissioner should have
power to classify the railroads, so if a
rate 1 not compensatory on one rpad, it
cannot be declared void on all the roads.
I did not notice whether such a provision
appears In the bill, but It should. For in
stance, the commission may make a rate
which would be compensatory to the three
big railroads, but which may not be com
pensatory to some of the smaller lines. By
classifying the roads the rates could be
applied where they would be Just both to
the road and the people."
Senator Cady believe the t-cent passen
ger rate can be knocked out In the courts,
a there Is a strong likelihood that It will
not be compensatory to some of the smaller
Mr. Cady cam to Lincoln to look after
the passage of a pure food bill In con
formity with the national pure food law.
He will remain until tomorrow. The sena
tor Is much Improved In health and appear
stronger than he did two year ago, not
withstanding hi bad summer.
LAYMEN INSPECT MISSIONS
Commission Representing Contrib
utors to Visit Foreign Station
of All Denominations.
NEW YORK, Feb. 11. At a dinner given
tonight at th Waldorf-Astoria hotel under
the auspices of the Laymen' Missionary
movement, former Mayor Low di closed
the purpose ot that organisation. In view,
he said, of the vast amount of money con
tributed every year In the United States
for foreign missions th utility of what ha
often been challenged, laymen representing I
the leading Protestant denomination have
determined to make a thorough and crit
ical Investigation. The motive, he says. I
to strengthen the missionary cause and to
develop co-operation between th different
A commission of buslnea men, who have
been for year contributor to the foreign
missionary cause, is being appointed. It
will leave at an early date to make per
sonal Inspection of th various missionary
establishment throughout the world.
Among the subjects to be investigated are:
The number of converts, th number of
genuine transformation of character, In
stance of persecution and of devotion and
sacrifice, salaries of workers native and
foreign and contributions of natives. It
1 also proposed to Investigate whether th
money and accounts are handled It a
business way, whether the native popula
tion Is being effectively reached, to exr-m-Ine
the present missionary equipment and
to report on any additional necessities In
J th way of workers or equipment.
JAP ISSUE IS DISCUSSED
Callfornlan Treseat Wrlttea state
ment of Their View to
WASHINGTON, Feb. 11. As a result of
an hour's conference at the White House
this afternoon at which President Roose
velt. Secretary Root. Mayor 8chmlt of
Ban Francisco and the members of the
school board of that city participated.
Mayor Schmlti late tonight made a state
ment summarising the situation.
When asked whether the proposition sub
mitted by the San Francisco delegation
called for the exclusion of Japanese coolie
labor from this country, Mayor Schmlts
"We are not making a treaty and have
not discussed with the president the ques
tion of excluding the Japanese from this
country by treaty. Saturday we heard the
president's view and today we presented
our side of the questions. It now remains
for us to modify our views In order to
reach an agreement with the president, or
for Mr. Roosevelt to modify his view to
reach an agreement with us. Today' con
ference adjourned subject to the call of
the president and I do not believe that w
will be called to the. White House again
until Thursday or Friday."
It can be authoritatively stated that the
president has appealed to Mayor Schmlti
and his associates to bring the anti-Japanese
agitation to an end and by rescinding
the order for oriental schools. Under the
California law the question of separate
school Is left to the discretion of th
school authorities, and before the" earth
quake the Japanese were admitted to the
white schools. Mayor Schmlti declare
that the only reason for establishing the
separate schools was because the Japanese
were crowding the white children out In
certain districts. When asked as to the
general tone of telegrams received from
San Francisco, Mayor Schmlts said:
"The people of California do not give a
rap nbout the school question, but are op
posed to the admission of Japanese coolie
Into this country."
OMAHA SHIPPERS PROTEST
Charge that Railroad Conspired to
Raise Rate from Missouri River
to Atlantic Coast.
WASHINGTON, Feb. ll.-The petition
to the Interstate Commerce commission
containing the complaint of a large number
of shippers of Kansas City, St. Joseph and
Omaha against the Chicago, Rock Island
& Pacific and four other railroads In
the matter of throilo-h rat a- frnm tha At-
lantlc coast, was received at the commis- j
sion today. It Is alleged that the rates
are unjust and unreasonable and that they
are the result of an unlawful combination
between the Chicago. Rock Island & Pacific,
the Chicago, Burlington & Qulncy and the
Chicago & Northwestern roads In the,
spring of 1908 to maintain certain through
rates, and that these roods threatened
the other defendants, the Chicago, Mil
waukee A St. Paul and the Chicago Great
Western, and refused to treat them aa
friendly connections or to route good
over their lines and In all ways that they
could atrovo to injure and destroy their
business;, that the result was that th
Chicago Great Western and Chicago, Mil
waukee & St. Paul entered into the agree
ment to maintain the rate complained of.
WYOMING COAL LAND FRAUDS
New 'York Witnesses Tell of Making;
Entries and Assigning Rights
to Mining Companies.
NEW YORK, Feb. 1L The federal grand
Jury continued today it Investigation into
alleged coal land frauds In Wyoming. E.
B. Tinnen, a representative of the Secre
tary of the Interior, who. It Is said, has se
cured the major portion of the evidence
now being presented, assisted Assistant
United States Attorney O'Brien.
A score or more of witnesses told their
stories and explained how they came to
make entries In the coal lands of the Big
Horn basin of Wyoming, and later assigned
their right to the Owl Creek Mining com
pany and the Northwestern Conl company
who now hold title to 9,500 acres.
It was reported about the federal build
ing that numerous Indictments' for both
perjury and subornation of perjury are likely
A large percentage of the original claim
ants to the coal lands In question are reel
dents of suburban New York.
SMELTER CONCERN ELECTS
Board of Director Increase Member
ship aad Fill Vacancy Caused
NEW YORK, Feb. ll.-The board of di
rector of the American Smelters Securities
company Increased It membership by two
and elected the following new directors and
member of the executive committees:
Arthur L. Walker, Joseph Clendenln, John
K. MacGowan and William H. Pierce.
John N. Steele, general counsel of the
company, was elected a director.
The director of the American Smelting I
and Refining company today increased It
executive committee by two, electing Ar- mls.loner who wa Interviewed also ob
thur L. Walker, Joseph Clendenln and iected to It, Inasmuch a th attorney aon-
John MacGowan, one of these to fill the
vacancy caused by th resignation of Simon
CATHOLIC CITIZENS PROTEST
Five Thousand Resldeats of Buffalo
lead Message Regarding
France to Pope.
BUFFALO, N. Y.. Feb. ll.-Prlor to the
adjournment of th meeting of Catholic
citizens last night to protest against the
action of the French government toward
their church he following cablegram a as
I ordered sent to the pope:
Flv thousand Catholic men In Buffalo, at
meeting neia on tne evening of
?"'",H .nrn nr-e.t "o.: . iT "
violation by the French government of the
most sacred rights of the church and ex.
press their admiration for the brave con.
duct of the bishops and of the people of
France. They offer their warmeat thanks
to the sovereign for the firm stand taken
and profess their obedience to and love for
BANK ROBBERS SENTENCED
Bandits Who Looted Safe at Sawyer,
N. Dt Glvea Foarteea to
MI NOT, N. D.. Feb. 11. Sentence ranging
from fourteen to twenty year wa passed
by Judge Gob against the Sawyer bank
robbers this morning. The bandit will be ; microbes of twenty-flv years' standing,
taken to the state' prison tomorrow. They , and In th wall being decorated with hla
were charged with looting the Bawyer Slate j torlcal paintings, windows put In th dome
book ut about tOuS, . 4id other linprovsiucnu which will pruUt
BULK SALES PASSES
Thomas Ifeainre Carried In Senate by a
Vote of 22 to 6.
LIVELY DEBATE PRECEDES ROLL CALL
Clarke Amende Terminal Taxation Bill to
Eliminate Car Lines,
NTENDED TO SIMPLIFY THE MEASURE
Railroad Commission Bill Introdcoed In
DODGE WANTS THE CAPITOL CLEANED UP
Insist the Preseat Condition of th
Building; I a Dlsarrar to the
tnte aad Should Be
(From a Buff Correspondent.)
LINCOLN, Feb. ll.-(Speclal.)-The bulk
sales law passed the senate this afternoon,
after a scrap more lively than the" one that
assailed It In the committee of th whole.
When the bill came up on third reading
Thomas, who Introduced it, asked that It
be laid over one day, and McKesson Imme
diately moved to recommit It to the com
mittee of the whole for specific amend
ment. He wanted to cut out the provision
requiring the terms of any proposed sal
of a stock of goods shall be made known
to the debtor of the seller.
The debate was long and exciting. Al
ii rich charged there was a deal on between
the retailers and the wholesalers whereby
the retailers were to help pas th bulk
sales law and the wholesalers In return
were to assist In passing a bill cutting
down exemptions of debtors. Thl wa de
nied, and Thomas took the floor In a long
argument In defense of the measure. Ash
ton of Hall declared the only man who
asked him to oppose the bill wa a man
who made a business of buying up stock
of goods at 25 cent on the dollar. Sackett
declared the bill was unfair. In that It
Interfered with the private business affair
of the retailer. Patrick favored the bill on
the ground the giving to the wholesaler th
terms of a proposed sale would Insure a
bona fide sole.
After the debate had waged for over half
an hour Thomas withdrew hi requrgt that
the bill go over and McKesson' motion to
recommit wa lost by a vote of II to 15.
The hen ?,Ht " M".
passed, with the following vote
Amending; Terminal Tax BUI.
Clarke of Douglas county- will amend hie
railroad terminal taxation bill before urg
ing It passage In th house, and when
he makes the change n ha in mind, ha
believe there can be no objection to the
measure except, of course, r)y the railroad,
which will have to pay more taxes lo every
city and town and village In th state than
they do now, and he believes there will be
no question that the bill will stand the test
of the courts. He propose to 'cut out of
the bill reference to all car companies and
leave It provision to apply only to rail
road. Thl will avoid the reference to car
companies, which, it 1 believed, may pre
vent the bill from accomplishing that for
which it Is Intended. He ha figured a a
matter of fact that the revenue derived
from the city tax on car companies would
be so small It would hardly pay to Jeopar
dize his bill with that section In It la
order to get more revenue out of th Pull
man company, however. It may be a bill
will be Introduced to amend the present law
so the Pullman -company' right to do busi
ness in the state, can be taxed, a it pliy
ical property is now asseased and taxed.
Railroad Commlsslea BUI riled.
The railroad coiumla.luner bill waa 1 intro
duced In th house and senate this after
noon and upon being read tomorrow a sec
ond time will b placed on general 01,
without th formality of being referred to
the railroad committee. This la a measure
which defines the power and the duties of
the state railway commission. Wbll the
committee ha voted on all of these rail- -road
measures to stand aa a unit and push,
them through without amendment, it Is
not Improbable strenuous effort will b
made to change thl bill In several partic
ulars. A large part of th members want
to make the present railroad freight rat
the maximum rate, leaving th commission
power to reduce these rate on any on
commodity without permitting the railroad
to Increase the rat on some other com
modity. Another change which 1 thought
desirable to which public attention ha not
been called la In that section giving au
thority to the commission to employ attor
neys In addition to requiring th assisting
of the state legal department. Borne mem
bers believe this power should not be given
' to the commission, and on of the com-
eral Is el-rcted to look after the legal bus
iness of the state and atat officer, and
board, this commisaloner thought the at
torney general could attend to th legal
business of the commission and should
other legal talent be desired or necessary,
the attorney general should have th power
to employ the same.
It 1 evident this legislature will not pass
a reapportionment bill. Th resolution
which was Introduced Friday to hav a
committe appointed to get up a reappor
tionment bill, wa tabled this afternoon by
a vote of M to 23 In the house.
Both the house and senate got down to
business at 2 o'clock after having been ad
journed since Friday, and the first an
nouncement In the house was the poat-
' ponement of the discussion on th m-
Ployer'. liability bill until February It
I Th'" wa" don" because of the illness of
McMullen of Gage, who stands sponser for
the bill recommended by th Order of
Railway Conductor. Evidence had already
been secured to show that th Burlington
railroad Intended to have on hand thl af
ternoon numerous employe to protest
gainst this measure In th name of their
fellow employes, though really In th In
terests of their employer.
Move to Clean I'p Capita. I
Dodge of Douglaa, filled with righteous
Indignation at what he termed the "dis
graceful" condition of the slat house. In
stituted proceedings this afternoon which
In the old building being
I cleared of bats and cobwebs and dirt and
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