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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 12, 1907)
- r.v a The Omaha Daily Bee 3- VOL. XXXVI -NO. 205 OMAIIA, TUESDAY MOKNIXO. FEBRUARY 12, 1907-TWELVE PAGES. SINGLE COPY THREE CENTS. 1 v 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 Court Room. Bl'LLETIN. 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 morning. 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 sustained objections. 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 opinion. ' 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 Til WXATHSm. FORECAST FOR NEBRASKA Fair Tuesday and Wednesday. FORECAST FOK IOWA Snow Tues day, Wednesday partly cloudy. i emperature at Omaha yesterday Hour. Dear. Hour. Deg. 1 p. m 43 6 a, m 6 a. ra T a, m a. m a. m ... 55 ..84 2 p. m t p. m , 4 p. m , i p. m 6 p. m ..... . 7 p. m 5 p. m 9 p. m 45 46 47 48 4 45 43 40 14 SS ti ti 8 10 a. m 11 a, m U m 41 X.EQIBI.ATrVB. Tnomas' bulk sales law passes the Nebraska senate by a vote of 22 to . rag 1 Congressman Martin has wired I'lerre a denial of charges made against him and demands name of his accusers. Pag 1 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. rag- 1 WASHTJrOTO. Congressman Klnkald holds out and carries his point regarding Judicial bill. Term of court to be held at Chadron. rag 1 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. rag a 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 HSBBASKA. 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 DOMZBTia 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. Pag X X.OCAI. 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 rag la 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 vaal Colony. 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 Irregularities. 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 esne, Utah, ! 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 County Land. (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 tial victory. 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.) ' 1 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 Valuable Property. 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 Dolgevllle, Cat. 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 against Venezuela. 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 ceremony. 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 streets. 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 Morning. IMPERIAL. Cal.. Feb. 1L The last water coming through the break In the Colorado river was shut off thl morning after a Ion ! p, 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. ritb 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 line. 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 churches. 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 President. 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 replied: "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 to follow. 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 by Guggenheim. 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 Gt'ggcnhelm. 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 His Holiness. BANK ROBBERS SENTENCED Bandits Who Looted Safe at Sawyer, N. Dt Glvea Foarteea to Twenty Year. 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, i NTENDED TO SIMPLIFY THE MEASURE Railroad Commission Bill Introdcoed In Both Homes. DODGE WANTS THE CAPITOL CLEANED UP Insist the Preseat Condition of th Building; I a Dlsarrar to the tnte aad Should Be Remedied. (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 Ayes Aahton, Hark, Hyrnea (Platta), Clark, Dnaann, Hanns, Hnlhmok, MrKHaon, O'Connell, Putrlck. Phillip. Randall, Saunders, Rlblny. Thonian, Thnmpaon, Wlltaa K-Mlart, Wllwr (Ptotr.), Wliaon IV nihaon. Glover, Qooriiirh. Nays Alrtrtch, Bum (t.ntr.). Absent Epperson, Gould, King. Luc, Root, Bai-kaU-4. Latla, Thome, Wloox-S. 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 may result In the old building being I cleared of bats and cobwebs and dirt and ' i i 1 I 3 V
