The Omaha' Daily Bee
VOL. XXXVI-M). 206.
OMAIIA, WEDNESDAY MORNING, FEBRUARY 13, 1907 TEN PAGES,
SINGLE COPY THREE CENTS.
f
LIVES LOST
111 ICY SEA
7ineBcr Eteamer tod Freight Eobooatr
Collide Off Elooklslsnd.
ABOUT ONE HUNDRED AND FlFNY DEAD
"Vessel Curried 300 Persons, Only Kinetetn
of 'Whom Are Aooouted For.
NEARLY ALL VICTIMS FROZEN TO DEATH
Fuaenran Vltk little Olotkinc Exposed
to Okie far fiavBral Honn.
FORTY-EIGHT BODIES HAVE BEEN FOUND
Eteamef BIski la Tfo Kin
nnrhid rw. t.
Life
EACH CREW PUCES BLAME ON
AmUnt HppM Akatt 11 P. '
Monday evad VtMfli Has Baca la
eight of Buk Other far
Some Tim.
BLOCK ISLAND. R. I., Feb. IX About
ISO persona went to their death 1b Block
Island Bound last night as a result of a
collision between the three-masted schooner
Harry Knowlton and the Joy Line steamer
Larchmont, bound from Providence to
New Tor. It Is estimated that Including
. the crew there were nearly 100 persona on
board the steamer when she sailed from
Providence. Of these only nineteen appear
to have survived the disaster, ten mem
bers of the crew' and nine passengers.
Awakened from their slumbers In their
state rooms, the unfortunate passengers
wars at the mercy of the fa tea Many, It
Is believed, went down with the ship.
Others, temporarily thankful that they had
escaped drowning, prayed that they might
be relieved of the terrible pain caused by
their fro sen bodies, and one Identified pas
enter plunged a knife Into his throat and
ended his sufferings.
Bis Bodies Idealised.
The few who survived were In a pitiful
condition. In almost every case their
arms and legs hung helplessly as they
were lifted out of the boats In which they
reached shore. During the day forty-eight
bodies came ashore, either In boats or
thrown up by the sea. Only six of the
forty-eight bodies were Identified.
The bodies Identified were:
JAMBS B. HARRISON, steward. Brook'
Ijra.
JASPER HEST. first assistant engineer,
Albany..
JACOB 2ANDRU8, first watchman.
' Patersorw '
GBOROH 8MTTH. waiter; Providence.
HARRY ECKLES, Block Island.
" nHwtgittiyn,rg fce-meds trr 'ttrei
United States steamboat Inspectors ef the
disaster.
Owing to the condition e the suitIois
M W Impossible to get from them alt estl
MM ef the loss of life. From oerenty-flve
to ISO persons went to thetr death', and at
a late hour tonight It was believed that
the letter figure 1 nearer correct.
Captains Blame Each Other.
The cause of the accident haa not been
satisfactorily explained. It occurred just
off Watch hill, about 11 o'clock last night.
when the three-masted schooner Harry
Knowlton. bound from South Amboy to
Hbston with a cargo of coat crashed Into
the steamer's port Bids amidships. Captain
George McVey of the Larchmont declares
that the Knowlton suddenly swerved from
Its course, lifted dp Into the wind and
crashed Into his vessel. Captsln Haley
Of -the Knowlton asserts tha the steamer
did not give his vessel sufficient sea room.
The steamer, with a hugs hole torn In
Its side, was so seriously damaged that
no ettsmpt was cade to run for shore, and
It sank to the bottom In lees than half an
hour. The Knowlton after It had backed
away from the wreck began to fill rapidly.
but the crew manned the pumps and kept
It afloat until It reached a point off Quon
oohontabg, where they put out la the life
boat and rowed ashore. There were no fa-
talltieo on the achooner. '
Salltaa? Vessel Chaaaea Coarse.
The Larchmont left its dock In Provi
dence last night with a heavy cargo of
freight and a passenger list estimated at
from ISO to 300. A strong northwest wind
Was blowing as the steamer plowed Its
Way down through the eastern paasage of
Kerragansstt bay, but the full effect of the
gale which was blowing out In the sound
was hot felt until the Larchmont rounded
Point Judith. Captain George McVey was
preparing to retire after, a turn, around
his ship when he waa startled by several
blasts of the steamer's whistle. He rushed
Into the pilot house, where the pilot and
quartermaster pointed out a three-masted
schoone resiling eastward before a strong
wind. - ,
The schooner, which proved to be the
Harry Knowlton, coal laden from South
Amboy for Boston, has been bowling along
on her course, when sbe seemed suddenly
to luff and head straight for the steamer.
Again several blasts were sounded on the
steamer's whistle, the pilot and the quarter
master at the same moment whirling their
wheel hard a-port In a mad endeavor to
avert a collision.
Impaet le Terrlfle.
. But as the Larchmont was slowly veer
Ing around, the schooner came on with a
speed that almost seemed to equal the gal
that had been pushing her towards Boaton.
Before another warning could be sounded
the schooner crashed Into the port aide of
the Larchmont and tha Impact of the big
a-eeecl was so terrlfio that the big clumsy
Vow of tha sailing craft forced Its way more
Chan hall through the breadth of the Larch
Snont. When the force of the Impact had
Veen spent the schooner temporarily re-
jnalned fast In the steamer's side, holding
In check for a moment the Inrushlng water.
The pounding seas soon separated the ves
sels, and the water rushed Into the hole In
. tlw'steamer with tremendous force. As the
water struck the boiler room great clouds
cf.SiiiS are? end the passengers were
fires voder the Impression that a fire bad
' broken out on board. Captain McVey could
nut oomoianloate with his subordinate of
ficers below deck, the signal apparatus be
ing wrecked.-
The paseeneera, meanwhile rushed to the
deck. Few of them had waited to clothe
themselves. The Intense cold made them
wrutt to obtain their othlng. but they
found It Impossible to return below and do
so. Their rooms were flooded soon after
they had bean deserted and the steamer.
flonding around m the high seas that
(Continued en Second Page.)
SUMMARY OF THE BEE
Wednesday, Febraary 13, 1SOT.
1007 FEBRUARY 190?
Sua mxm nil, wis res rat sat
r ? t 5 12
3 4 5 6 7 8 9
10 II 12 13 14 15 10
17 18 19 20 21 22 23
24 25 26 27 28
TatS WI1T1U.
FORECAST FOR NEBA8KA A
IOWA Fair Wednesday and Thursday.
Hour. Ieg. Hour. eg.
t a. m 33 1 p. m 47
a. m 11 I p. m SO
7 a. m 32 1 p. m 61
la. m 33 4 d. m M
a. m 35 'Id. m 61
14 a. m Sw Bp. m 49
11 a. m 42 . T p. m 4S
11 m 46 8 p. m 4
p. m 4
UOISXtATXVB.
The subcommittee of the Nebraska leg
islature which was to draft a atate-wlde
primary law, haa blocked out the main
provisions of the bill and will coon have
It ready to report. Page X
Borne of the senators who voted against
'he county option bill at Lincoln last
-ek profess to be ready to rote for It If
';. erly amended. Irege 1
'e for Greater Omaha are reported
, io the senate without an amend-
it, but with with recommendation for
passage. riff 1
Nebraska house makes the antl-paas
and 1-cent fare bills a special order for
Thursday. rags S
Nebraska senate puts In most rf day on
special Lincoln day exercises. Page
Campaign contributors and reciprocal
demurrage bills. South Dakota administra
tion measOres. go to the governor. The
houee also passes several important sen
ate bills. Fere 1
Lower house of the Iowa legislature
passes bill fixing passenger fares witn-
out a dissenting vote. Under the terms
of the bill roads roads are divided into
three classes and the fares are 1 cents,
t cents and t cents, respectively
rage
Representatives of. Nebraska railroads
appear before legislative committee and
argue that the proposed 2 -cent fare would
not be a comDensatory rate. 'age 1
JTEBRASXA.
Railroad agents work up sentiment
against 2 -cent fare law by argument that
It will end all low excursions. Page S
WIsd of human hair taken from the
Platte at Fremont causes a careful search
for body. Theory Is held Mrs. Emily
Greenllef. who disappeared. may have
drowned herself. Page
Sensations are promised In the suit of
Etten Hart at Fremont against Maccabees
for Insurance pn life of her father, who
was killed In Wyoming. Page
Young Men's Republican club of Lin
coln holds Its annual banquet, which Is
attended by the governor. Senator-elect
Brown, most of "members of legislature
and a large delegation" from Omaha.
rare
Four people drowned af Columbus while
attempting' (A. esoajKvfroro. flood 'f-koup
river,, which had surrounded , their borne..
Much damage at other places. Page S
Captain Mapes, formerly In, charge ef
a. company of the Twenty-fifth of Browns
ville fame, has been . ordered to return
from the Philippines and rejoin that regi
ment at' once. Page 3
Fomnoir.
King Edward opens , British Parliament
and takes occasion to thank United
States . for prompt and kindly action at
Kingston. Hint is dropped that some
thing may be done to curb the power of
the House of Lords." - Page T
An infernal machine was found In a
stove In the residence of Count Wltte,
which for some reason failed to explode.
It was charged with nltro-glycerlne.
.... Page 1
WAxunoroToir.
Congressman Klnkaid defines his posi
tion pn court bill. Never opposed holding
term at North Platte, but simply de
manded an additional place in the Sixth
district. Fags I
Congressman Ksnnedy writes Nebraska
legislature defining his position on ship
subsidy and pointing ont possibly legis
lators may not understand the situation.
Page 1
The senate committee on agriculture
has decided to let the Burkett amendment
regarding graslng lands remain In tha
bill. . r " PMTs 1
Doxzrrxo.
Hundred and fifty persons drowned or
frosen to death as result of sinking of
steamer' Tarchmont by schooner Harry
Knowlton, near Block Island . Page 1
District Attorney. Jerome accuses. Thaw
defense of attempt to deceive the Jury
and sensational scene ensues. Court al
lows remarks to stand and Mr. Delmas
notes an exception. Another expert says
prisoner was Insane. Pege 1
Former Governor Frank W. Hlggins is
dead at his home at Olean, N. T.
page t
XVOOAX.
Mileage books for 1,000 miles will be
old In Nebraska at 1 cents a mile here
after. Toung Women's Christian association
serves notice on tenants that it must
hare possession of ground at Seventeenth
street and St. Mary avenue. Page
John D. Crelghton said to have been se
lected to continue benefaction of Count
John A. Crelghton. Page
Dr. F. J. Swoboda accuses insanity
board of acting so slowly that Insane
ward at -county hospital is filled. Dr. Til
den says the board doss all It can.
Page
Omaha retail grocers threaten to eatab
llah co-operative wholesale houae If Job
bers do not refuse to sell to consumers,
Including their employes. . .Page 10
SPOBT.
Wassem, though much the lighter man
proves ta be agile and secures two out
of three falls from Simmer, the Iowa
giant. Pe
coinrcrL bittp ajtd xowa.
Jeremiah eKUy. a pioneer and prominent
resident of Btoux City, dies In carrlags as
result of heart disease, induced by ex
citement of nephew's wedding. Page
PCsTAJfOIAX il-D OOKUbOUX.
Omaha live stock market. . Page T
FRANK W. WIGGINS IS DEAD
Forme Governor of Xow York? Ex
pire After mm niaoss sf
Several Days.
OLEAN. N. T.. Fsb. 12. Former Gov
ernor Frank W. Hlgsins died at 1:40 p.
m. He remained unconscious to ths last,
death coming in Its most peaceful . form
and froe from palo.
JEROME AND' DEL MAS CLASH
Thaw's Coiiaol it Aocuied of Trying, to
Deceits the Jot.
CHARCt RESENTED AND EXCEPTION NOTED
Incident Reveals Faet That State Has
tateaaeat frosa Mrs, Helmaa
Expert Bays the Prisoner
Was Insane.
NEW TORK, Feb. 11-Dlstrlct Attorney
Jerome and Delphln M. Delmas came to
gether late todsy In the first serious elaah
between counsel In the Hsrrr Thaw trlaL
The California attorney, who Is directing
the defense, took exceptions to certain
statements of the prosecuting officer and
hsd Inserted In the record of the case a
protest against "the misconduct of the
learned district attorney."
Mr. Jerome hotly accused Mr. Delmaa of
trying to Instill Into the minds of the Jury
the implied suggestion that the operation
performed on Evelyn Nesbit Jn 1903 before
Thaw took her to Europe was of a criminal
nature, when "as a matter of fact," he
said, 'It waa for appendicular
Mr. Delmas called the attention of Justice
Pltsgerald to this, saying that the district
attorney was stating facts net In evidence
and that a very serious exception must be
taken to his remarks.
"Bend the Jury out of the room If you
want o," exclaimed Mr. Jerome, "but I
am going to get thle thing straight. I am
not going to have these fslse Impreesiona
fostered before this Jury."
Cans of the Row,
Dr. Brttton T. Evans, superintendent of
the state hospital for the Insane at Morris
Plains, N. J., was testifying at the time
of the disagreement. He had declared he.
was of the opinion that Harry Thaw was
Insane at the time of the tragedy.
He had been called upon to answer a long
hypothetical question In which reference
had been made to a "serious If not capital
operation" on Mine Nesbit when the storm
broke.
Mr. Jerome seemed thoroughly wrought
tip. Mr. Delmas did not for an Instant lose
his calm demeanor, but he gave emphasis
and force to his words, new to his hearers.
Mr. Jerome said he. would withdraw objec
tion to the term "capital operation." If Mr.
Delmas would. give him the word of counsel
that they did not know the nature of the
operation. Mr. Delmas gave his word that
he did not know of its nature, "But you
may consult with counsel," suggested Mr.
Jerome.
"I do not care to do1 thaf," replied Mr.
Delmas. ."It Is hot essential."
"Ah!" cried the district attorney m' a
loud voice, "then you do want to make this
Insinuation T" ,
"The district attorney strangely forgets
his character and position when he charges
me with an attempt to deceive." reiterated
Mr. Delmas with more feeling In his voice
than at any time luring the trial. "He
most, upon deliberation, see the Injustice
of his Implied discourtesy."
"I see Injustice plainly." . reiterated Mr.
Jerome, "but not In my remarks.''
Delmas JTotoa Fsoeatlow.
r Justice Fitzgerald did 'not rule' ont any
of the district attorney's remarks before
the. Jury," and Mr. . I&hpas - took care to
have every exception he made "seriously
noted." , . '
Mr. Jerome won his point, and the words,
serious If not capital." , as defining the
operation, were withdrawn by Mr. Del
mas. During the tilt Mr. Delmas asked the
district attorney how he learned of the
character of the operation on Miss Nesbit
without a violation of confidence. Mr.
Jerome said he had been' told of It by
Miss Nesblt's mother, Mrs. Hoi man, of
Pittsburg. It thus became known tor the
first time that the district attorney Is In
possession of a -long statement by Mxa
Holman.
ays Prisoner Was Insane.
Dr. Evans was on the stand nearly all
day, occupying two hours of ths afternoon
session perusing the letters written by
Harry Thaw.
Dr. Evans was by far the most satis
factory expert witness to the defense so
far ' produced. He detailed to the Jury
his observations and examinations of
Harry Thaw during, eight visits to the
prisoner In the Tombs and hs declared
It to be his opinion that Thaw was "suf
fering from a brain storm, or explosive or
fulminating condition of mental unsound
ness" at the time he shot and killed Stan
ford White.
Dr. Evans gave many and elaborate rea
sons for - his opinion, and during his ex
amlnetlon Mr. Delmas deftly brought out
the fact whereas Thaw was suffering from
"storm and stress" when the alienist first
visited him In August last his condition
had shown steady and gradual Improve
ment until October ft. when Thaw was
"more composed and deliberate."
Dr. Evans declared that the mental ex
plosion which Induced Thaw to kill Stan'
ford White had left its traces on the .de
fendant when be first visited him. He
said Thaw exhibited symptoms of paranoia
and. adolescent Insanity. The first was In
dicated by his exaltation, his "exaggerated
ego," the Idea of his supreme importance.
The adolescent Insanity waa due to heredity
and Is characteristic to the development
period of life from 10 to 40 years. His
mind. Dr. Evans said, had slipped its
moorings and was like a ship without a
rudder. Ordeals of stress had added their
work to the psychopathic taint which earns
from heredity.
Meatal Coalition Improves.
Dr. Evans said that after his first three
visits to Thaw following ths tragedy he
was convinced that ths man was of un
sound mind.1 Am the result of bis last
visits he found that while still suffering
from a somewhat exaggerated opinion of
self-importance, he was much improved.
The Improvement was progressiva , This
testimony was brought out in line with
the contention of the derense that while
Thaw was insane Just prior to and at the
time and Immediately subsequent to ths
homicide, hs has Improved to a sound condi
tion ef mentality on the removal of the
cause of stress. Dr. Evans may be cross
sxamlned tomorrow, although District At
torney Jerome, had not indicated his course.
It may be that Mr. Delmas may recall
Mrs. Thaw. The defense has other alien
ists, however, who may be cailed to testify.
MAYOR AMD CHIEF ARRESTED
Rampas la Coaaell Chamber Is Fol
lowed hy Charga of Aasaalt.
PIERRE, fr D.. Feb, IT (Special Tele
gram.) The council row ta this city re
sulted today in the arrest of Mayor Al
bright and Chief of Polios Otdneld'on a
charge of assault, sworn out by Alderman
Billinghurst, over a rumpus in the council
room last night
Low Fares tor Mlasoorl.
JEFFERSON CITY. Bio.. Fob. 11 The
senate today, unanimously passed a bill ap
proving the V-cecit rate bill. The bill Is
aimuM identical with one asstsl by ths
house. ,
BURKETT AMENDMENT STANDS
Wttheat rosapletlnsr H earl eg, fag
cotton of ilekrsnks Seaator la
Aseytet try Committee.
I
WASHINGTON, Feb. 11 Without contin
uing its hearing bn the Burkett amend
ment to the agricultural appropriation bill
providing for the teasing of publlo lands
for grasing the senate committee today
agreed to adopt the amendment. Several
amendments to the Burkett proposition
were adopted, however, designed to pro
tect the Interests ef the homesteaders. The
policy outlined, which Is favored by the
president, was agreed upon by a bare
majority of the committee. It Is not un
likely that a point of order mar be made
against it In the senate and it Is conceded
to be general legislation.
The amendment provides that the secre
tary of agriculture, who is to have control
of and manage lands, shall organise graslng
districts. The Department or Agriculture la
to organise control of and fix the fees to
be charged for graslng.
Following Is the text of the graslng
amendment agreed npon by the committee:
Hereafter, for the purpose of restoring,
protecting and Increasing the graslng value
of the public doaisin and promoting the
agricultural use thereof, the secretary of
agriculture may organise graslng districts
and regulate and control grasing upon the
unappropriated, unreserved lands of the
United States, under such rules and regu
lations as he may prescribe, and charge
and collect reasonable fees for graslng
thereof, the reoo pts to b deposited In the
treasury of the United Itetes to the credit
of the special fund obtained from charges
tor timber, graslng and other resources oi
the national forests and provided for by
section five of the act of February 1,
which is hereby appropriated and made
available In addition to its present uses and
under the restrictions piov.ded by law fur
the regulation, restoration, protection and
Increase of graslng upon the public lands
and for. the employment of necessary ss
slstants for inch purposes In the city of
Washington and elsewhere, ana it snail do
unlawful after January 1, IS, to grass any
live stock upon any organized grazing dis
trict otherwise than as the said rules and
regulations shall prescribe.
Provided. Thst all leases or permits to
grase issued under this provision shall be
subject to the right of homestead or other
settlement, location, entry.. Da tent, or any
other disposal of public lands, under the
putiiks land law and any Appropriation so
made 'Shall operate as a cancellation of
aaid lease or permit as to the land so ap
propriated; provided further, that bona fide
homestead settlers or - residents shall be
permitted to grase free of charge their
stock used for necessary domestic pur
poses on the public lands affected hereby.
Provided. That preference shall be given
to bona ndo- homesteaders and settlers In
the aliottment of an oquitable proportion
of ranges adjacent to their homea not
later than the beginning of the nevt annual
grasing period, and provided further, that
all of the receipts from the graslng fees
herein authorised in excess of the cost of
administration, protection and Improvement
of the public range, end necewtary working
cspital for the ensuing it seal year shall
be paid to the states and territories in
which said fees originate at the dose of
each fiscal year, to be used for schools,
roads, irrigation or other publlo purposes
an the respective legislatures may pre
scribe, the distribution of such residue to
be proportional to such receipts from gras
ing fees from the respective states and
territories during the preceding fiscal year,
but nothing herein snail be construed to
prevent the payment of 10 per cent of re
ceipts from national forests to the states
and territories as now provided by law.
PROCEEDINGS . OF
the noriB
Naval Appropriation. ,0111 Is Coasld
ered la Committee of tho Whole.
WASHINGTON., F. 12. After Jhe pas
sage ef a number o bills under unanimous
consent the - house -today resolved Itself
Into committee Tf the whole to consider
the naval appropriation Wk A number of
recommendations of the naval . appropria
tions committee were eliminated on point
of order. - ;
The army appropriation bill, the. fortifica
tions appropriation bill And the -omnibus
lighthouse appropriation bill were sent to
'conference.
The house adjourned at 5:10 p. m. -Representative
Slayden of Texas during
the consideration of the naval appropria
tion bill in the house today addressed that
body on the subject of the recent war talk
with Japan and the United States and
laughed the rumors of war out of the
chamber.
A point of order was made and sustained - ZKtolnZ
fTT P,HHnf ! .ddtUlTaaaT- -a' b,,L Today Mr. Kennedy wrote a let
priatlon bill giving ; an add Ptto to ter to Mr ayda Barn.rdi ch,ef clerk of
inose uuiurra wild ki.wj i.u vaw.v
regular or volunteer forces during the civil
war prior to April 9, 1865, and were retired
prior to June 30, 1880, on account of .wounds,
disability Incident to the service or age,
or after forty years of service.
Mr. Kltchln of North Carolina offered an
amendment providing that no part of the
appropriation In the bill shall be expended
for coal In the Philippine Islands or the
transportation of coal to the Islands, ex
cept to the lowest bidder In either case
Mr. Foss of Illinois, chairman of the naval
affairs committee, stated that he was in
favor of the amendment, as it only applied
to the present bill and did not enact any
permanent law. Messrs. Loudenslager of 1
New
Jersey. Butler of Pennsylvania, .Waldo
J Z. tt i 1 ..,
ew York, Humphrey of ashlngton,
- T
T i AZZZ " V kV,V" , " J
Hull of Iowa and Grosvenor of Ohio took
nun vi ,
prunouucea .i.nu. .
on me grouna inai n on unw u
lean shipping Interests.
Mr. Foss remarked that the matter waa
taken too seriously nd that In view of
the fact that ths navy could not purchase
coal snough carried in American bottoms
it was thought wise to try the experiment.
Ths amendment was defeated, M to 61.
PROCEEDINGS OF THE IBKaTK
Debate on Bill Allowlag Government
Appeal la Criminal Cases.
WASHINGTON, Feb. It The senate oo-
cupied the day In argument on the bill
granting the government the right to take
an appeal on points of law in criminal
cases. The opposition came mainly from i fight over this postofllco. W. H. Parker,
Benatore Rayner and Whyte of Maryland 1 Martin's successor, filed a protest against
and Heyburn of Idaho, While elaborate ' the reappointment of Bonham, as did Gov
defenses of the proposition were mads by ernor Crawford. It is also stated that Ben
Senators Patterson, Knox. Nelson and ator Gamble took a personal hand In the
Bpooner, no action was taken on tha mean- matter, but the president cut the knot to
urs. Senator Nelson gave notice tnat he
will move Its consideration tomorrow, sen
ator Lodge Indicated that he should press
the Philippine agricultural bank bill to
morrow. The District of Columbia appropriation
bill, carrying 110,724.612. an increase of $687.
Mf7 over ths amount ,as passed by the house,
was reported to the senate and notice has
been given that the bill will be put on Its
passage tomorrow.
RUSSIANS
AFTER .WITTE
Two' Internal Machines Are
Sot . In
His Home, Bat None
Explodes.
ST. PETERSBURG, Feb. 12. Count Witts
todiy confirmed ths report that an infernal ,
machine containing nitroglycerine was
found in an unllgbted atove of his house j
last night. A servant noticed a string
dangling from the door or the etove, In
vestigated and discovered the box.
- A second Infernal machine, timed to ex
plode at o'clock this evening, was found
la the Wttte resldenos during the day.
Both were of poor construction.
The attompt on the life of Count Witts Is
attributed to the reactionary league of ven
geance. , J.'l
K1NKAID DEHNES POSITION
Borer at Ait Time Opposed Holding Ted
rl Court at Horth Flatto,
INSISTED ON ANOTHER PLACE FOR SIXTH
Coagresamaa Kennedy Wrltee the
Nebraska Legislators Detalag
His Position on tho Shla
absldy Bill.
(From a Staff Correspondent.)
WASHINGTON, Feb. ' 12. (Special Tele
gram.) Judge Klnkaid feels that The Bee
inadvertently put him In rather a peculiar
position when your correspondent stated in
one of his dispatches that the member
from the Sixth, district was against North
Platte. In this connection It may be here
stated that the news which percolated from
the several conferences on the Judicial divi
sion bill was to the effect that Judge Kln
kaid. while for North Platte, argued
against Its selection if It was to be the
only place for the meeting of court In the
Sixth district. North Platte waa coupled
by Judge Klnkaid always with some other
town, like Alliance, Chadron, Crawford or
Vslentlne.
Mr. Klnkaid, admitting the fairness with
which The Bee has presented his side of
the story, has, however, prepared the fol-
lowing statement regarding the whole Judi
cial matter:
At a meeting held by the Nebraska dele
gation preparatory to drafting a bill to
be Introduced In the house In lieu of the
Burkett bill which had come over from
the senate, I named as places for holding
court In the Sixth district North Platte,
Alliance and O'Neill, and waa appointed
at tb. time, together with Norrls, as a
committee to draft the bill, which was
done, naming the three places mentioned
for the Sixth district, snd for the rest of
the state Omaha, Lincoln, Hastings. Nor
folk, Grand Island and McCook, making in
in all nine divisions.
BIU Is Chanced.
Subsequently, on the suggestion of the
subcommittee or some of its members, but
without my knowledge, a new bill - was
drawn providing for but seven divisions,
and of ths places named In the former bill
ONelll and Alliance, both in the Sixth
district, were dropped, the other placea
named being- left Intact. At the hearing
i.u wild no .ym uiniiiiii VI in, juwivtai j :
committee I maintained that one division I
had with the subcommittee of the Judiciary
was Inadequate In the Sixth district, , st .
least one more in addition to the North
Platte division being needed, pointing out
that the people in Sheridan, Dawes and
Sioux counties would have to change cars
three times to go to North Platte and
could 'go with less Inconvenience to Omaha.
The subcommittee Insisted that seven
places in the state were enough and that
one waa adequate for the Sixth district,
but offered me the privilege' of substituting
In lieu of North Platte some point farther
west for the place for holding court which
would overcome the Inconvenience to the
counties named on the Northwestern rail
road, and other members of the Nebraska
delegation were agreeable to such solution.
This privilege has been accorded me st all
times by the subcommittee and members
of the Nebraska delegation, but I have
oonstantly refused to yield North Platte
for any other place, maintaining that if
only one place for holding court in the
Sixth district could be secured to lot that
place bs North Platte, and work for an
other division In the future, which any
compromise now would prevent. I fur
ther proposed that If the state were to be
reduced to seven places for holding court
that the Fifth district., for which three
places for holding of court were allowed,
namely. Hastinas. Grand Island nnd Mc
Cook. should .give up one of Its dlvmloaa.
"? propose that the Mccook division be
,IWOU i 1J IUB IK! LU C-UkllO UIVIBIOn MQ
that the people In that proposed division
couia re sen jsortn fiatte with less Inoon.
venlence than would 'be suffered by the
people of Sheridan, Dawes and Sioux coun
ties In reaching North Platte, But this
would not be granted. Thereafter I con
tended that regardless of what places the
rest of the state should have that the
northwest corner should be socorded an
other division besides the North Platte
division, which would make Alliance or
Chadron the piece of holding court, owing
to what counties should comprise the divi
sion. Kennedy Writes Legislator.
Representative Kennedy feels like many
of the Other members of the Nebraska dele
gation that the stats legislature in Instruct-
1 Ing members how to vote on several Im
portant measures now pendlnf before con-
the house of representatives, in which he
says:
"I hare your favor of February 6 enclos
ing resolution adopted by the Nebraska
house of representatives. Instructing the
Nebraska senators and requesting the rep
resentatives In congress to work and vote
for the defeat of the so-called ship subsidy
bill. It Is Impossible for me to say whether
the resolution was Intended to apply to the
bill as passed by the senate or to the sub
stitute of the house. They are not at all
alike. It Is doubtful whether members vot
ing for the resolution were familiar with
the provisions of either measure. I there
fore take pleasure in sending you, under
A M., hA n-A Kill m wJt V.
r " " ,' "l'-"
i house report thereon. Tou will notice that
... ...
tha nous mmmlltM nn nwrrhint m.Hn.
' h house committee on merchant marine
....
I and fisheries struck out all of the senate
; ill
except the enacting clause, and sub
stituted a bill entirely different
"Speaking for myself, I wish to say that
I Intend to vote for the house substitute.
I was elected to support the president and
administration and It seems to me that
my duty lies along that line."
Patreaage Fight la Dakota.
The fight over South Dakota patronage
waxea hot and the nearness of the adjourn
ment of congress gives only the promise
now held out for a cessation of the row
bet ween tha delegation. Today Repreaynta-
tlve Martin won out. the , president sending
1 1 the name of W. H. Bonham to succeed
; himself aa postmaster in Mr. Bon ham's
town. Dead wood. There, has been a bitter
y by renominating Bonham.
laereaslaar Indian Allotments.
Representative Burke today Introduced a
bill to provide for additional allotments
of land to certain Indiana of the Cheyenne
River Indian agency. Rosebud Indian
agency. Pine Ridge Indian agency. Standing
Ruck Ind'an agency and Crow Creek In
dian sgenry. It appears that a umber of
Indiana of thess agencies when the great
Sioux reservation wss divided did not re- : building. 105-107 South Third street, in the noon voted to make a favoxable report Of)
ceive in allotments the amounts to which ' er of the financial district. Ths build-, the Thomas bill, providing for the oonsol
they wers Justly entitled, and ths bill In- ' ,ns was occupied by the Phoenix Pants. ; Idation of Omaha and South Omaha and
trt-doced today seeks to rectify the Injustice ' Overall and Shirt company and Dumee ; Its companion measure providing for a
these Ind'ans have suffered.
Bill Promotes Many.
If the provision adopted by ths senate
to the army appropriation bill that officers
who served creditably in tho regular or
volunteer forces In the field during ths civil
war prior to April I, IMS, and who now
hold the rank of brigadier general on the
active list of ths army, having previously
hsld that rank for three years or more,
shall, when retired from active service.
have' the rank snd nar of make- sener.1
becomes law. as seems very llkalr it will
promote too following well known and dis
tinguished' officers: Brigadier General Mo-
(Continusd on Seventh Page.)
ROADS KICK ON TWO-CENT FARE
Representatives Insist the Rate Is
Ket Compeaeatory on Nebraska
Uaeo.
(From a Staff Correspondent.)
LINCOLN. Feb. 12. (Special Telegram.)
The railroads hsd their Innings before the
house committee on railroads tonight on
ths proposed 2-cent pssscnger rate bill, and
of the four corporations represented, each
argued thst the rate weurd not be com
pensatory and each said not only would
such a rats be detrimental to the revenues
of the roads, but harmful to the state In
general, while P. 8. Kustls, passenger traf
fic manager of the Burlington, frankly told
tho committee the first step his road would
take should the bill become a law would
be a legal move to test the law In the
courts.
Those who addressed the committee be
sides Mr. Eustis were Gerrit Fort, assistant
general paasenger agent of the Union Pa
cific; W. B. Knlskem, passenger traffio
manager of the Northwestern, and Frank
Nay, general auditor of the (Rock Island.
Each' speaker said the passenger traffio
on his road did not pay.. This was true,
each said, especially on the business dope'
In the state, while the largest revenues
derived from passenger traffic came from
the Interstate business, which, of course,
would be greatly reduced should the bill
be passed. Such a law would reduce the
number of excursions at reduced rates
during the year, each said. Each was posi
tive passenger rates were fixed according
to the density of population and figures
were quoted to show this was the reason
the rates In the east could be lower than
In Nebraska.
Gerrit Fort made it clear to the com
mittee the rrte Is fixed by the short line,
and to make the rate 2 cents would be
to shut out the long lines In competition
or compel the passengers to pay more
fare than they are now paying' on the long
lines. At this time he said rates In Ne
braska on tho Union Pacific were In many
Instances below I cents. The rate per
mile to Lincoln from Omaha via the Union
Paclflo now, he said. Is 1.71 cents, and these
ninety-five miles enter into the rates fixed
for south of Lincoln. With the 1-cent rate
In effect the ninety-five miles would yield
. . ,
"ut 114 cents per mile. From Lincoln to
Columhus, 114 miles, the rate would barely
clear 1 cent per mile. The business to
points north of Columbus now, he said,
is handled for this distance at a little over
1 cents a mile. From Central City to
St. Paul the distance Is forty-one miles
and the rate, he said. Is .01 M cents per
mile. If he meets the short line rate, he
said, on the basts of 2 cents per mile the
rate would be 64 cents and the earnings
.01 22 cents a mile. Mr. Fort, as did others,
contended traved would not be materially
Increased by a reduction In fares, because
there was no pleasure resorts for Ne
braskans to visit In the sata and most
of the travel was on business, whlls It
probably would result In cutting out spe
cial rates to special functions, such as the
state fair. Branch lines, he said, may run
Just often enough to meet the actual neces
sity of travel, where now they dun lallyl.
All the other speakers talked along the
same line and each produced figures to
Show ths basis of his objection.
'During .a ruanins .debate at the close
k of the talk la which Cona "of Saunders
asked some questions, Mr. Epstls admitted
the Burlington road had a value for taxa
tion purposes and that It was lower than
the value for commercial purposes or for
fixing rates. He Justified his statement by
saying everyone else did the same thing
In returning property to the sssessora.
WARM SESSION IN BAILEY CASE
Texas Senator Bays Statement by Mr.
Cocke Is a Downrla-ht M
llelona Lit.
AUSTIN. Tex., Feb. 12. Declaring "all
this prattle 1s a lie," and urging that the
committee interpose and stop these insults
offered. United States Senator Joseph W.
Bailey brought to a climax this afternoon
an exciting session of the legislative com
mittee Investigating charges against Bailey
filed by Representative Cooke.
- This was in reply to Representative
Cooke's request that additional witnesses
be summoned by which he hoped to prove
that Senator Belley had borrowed 17,000 of
J. D. Suggs of Iron county.
When It was suggested that the commit
tee leave at once for St. Louis, where ad
ditional testimony Is to be taken. Senator
Bailey protested that he should not be
compelled to go over the country as the
principal In an Investigation o fthls nature,
Representative Cocke said he was anxious
to have J. D. Suggs testify. t
Mr. Cocke says be expects to prove that
Suggs has destroyed a note for 17,000 given
to him. or his dead brother, by Senator
Bailey.
Senator Bailey Indignantly replied:
"Mr. Chairman, that Is a 11a It Is In
famy to allow any man to stand here and
make a statement that Is a downright mal
icious He and a He made out of whole
cloth."
-Mr. Cocke served notice on Senator Bailey
and his attorneys to produce the "Flato"
let lee which had been previously referred
to by Senator Bailey as an attempt to Wilson, in Interviews published today, de
blackmall him. c,ure theT would support a bill amended to
Senator Bailey stated that he had made i conform to these lines. From the vote
an unsuccessful search for the letter which
he had last In his possession when address
ing the house of the Texas legislature re-
t..,t left It on the desk with
, other papers which disappeared,
; Representative Cocke stated that he de
, BTtA o have the subcommittee on Its way
to St. Louis, visit Ardmore, I. T., to take
the deposition of Dodd Lacy, and Oklahoma
Clt yto secure the deposition of Mrs. J. W.
Phillips.
FATAL FIRE JN A FACTORY
Ons Mas Loses Hls Life When Flames
Destroy Balldlag la Phila
delphia. PHILADELPHIA, Feb. 12. A. fire In
which one man lost his life and several
other persona had narrow escapes from
death seriously damaged ths five-story
gone st uo., conun cuniiuimun orvaers.
The flames started in ths upper portion
of the building occupied by the Phoenix
company and cut off the escape by means
Of the stairway of the employee working
on the top floor, forcing them to use the
Are escapes, which were covered with Ice
and snow. With one exception all of the
two score employes, among whom wsre a
dosen girls, safely reached an adjoining
building. Ths ons who failed was Louis
1 Pesksveskey. aged M years, who In ths
! excitement either Jumped or fell from the
fire escape. He waa Instantly killed. Bev-
oral of the employes in escaping wsre in-
Jured, but not seriously. The damage Is
esmated at fTVMA
PRIMARY LAW READY
General Frorigiona of Bill Blocked Cut
Tlrevrh f tibotmmittee.
COUNTY OPTION BILL MAY BE REVIVED
Bom Seuater frofeu to Bs Bead to
Vote for MMura,
i
GREATER ONAHA MEASURE REPORTED
Bills Reported Btok by Committee with
So Amendments Prtuosed.
CLARKE'S CHILD LABOR BILL IN SENATE
Supporters of the Proposed Law
Appear Before Committee aaa
Argee for Passage of
Hoase B1IL
LINCOLN. Feb. U-(SpeclsJ.)-The state
wide primary law pledged to the people by
the republican, democratic and populist
state convention will be Introduced In the
legislature the first of next" week. The bill
has been blocked out by the subcommittee
and may be sent to the Joint committee
witnin a few days, and Is sure to reach the
house and senate by Tuesday or Wednesday
If not before. The bill as prepared In the
rough provides that the seneral election
officers shall be the officers of the primary,
the same machinery being used at both
elections. It haa been decided that Instead
of electing the precinct and county commit
tees that task will fall to the lot of the
nominees. It having been agreed that under
the latter plan people will be selected for
those Important ptaoes who will have soma
Interest In the election and who will net
leave all of the work to the chairman and
secretary. Both Dodge of Douglas and
Brown of Lancaster, where the committee
Is selected by a vote, agreed that the re
sults had not been entirely satisfactory and
both were willing to accept any change
which might tend to better conditions.
The state committee. In all probability.
will be elected, though some members of
the committee favor allowing the candi
dates to even select this committee, but the
question has practically been settled In
favor of election.
MalrlasT of tho Platform.
The rough draft of the bill provides the
platform shall be drawn by the nominees
for the legislature of each party, candi
dates for United States senator and for
state offices. Thess are to meet In conven
tion at Lincoln and regularly adopt the
platform the same as a convention would
do. It was desired by some members of
the committee to Include the county chair
men In this convention, but It has been
agreed this would not bring the platform
any closer to the people and It was not be
lieved these men would care to spend their
money coming to such a convention, es
pecially as the legislative candidates are
to be present and ft Is presumed they can
Interpret publlo sentiment.
The matter of the form of the ballot
probably will go to the Joint committee for .
settlement. The,, subcommittee has taken ,
sections from the Dodgs and MfMolleu. WUe ,
and from a bill prepared by E. P. Brown of
Lancaster, which has not been Introduced.
Mr. Dodge Is preparing a bill, now" for a
constitutional amendment to do away with
the annual election and to provide ex
clusively for biennial elections. A bill pro
viding for biennial elections was passed
two years ago. but was declared uncon
stitutional by the supreme court. . Should
this emendment be carried It la expected
to answer any argument which may be
ralaed aa to the eosts of the primary.
Railway Commission Bill.
The senate this morning displayed a dis
position to push the railway commission
bill through as rapidly as possible when It
voted to take the bill from the standing
committee nn railroads, to which It had
been referred, and place It directly on gen
eral file. This will advance It more rapidly
than the regular course, aa ordinarily It
would have to be considered by the rail
road committee. The action was taken on
motion of Chairman Wllsey of the rail
road committee, who eaid hie committee
had already considered the tHI at the ses
sions of the Joint committee and waa willing
It should go to the general file without fur
ther delay In the committee room. The
bill will be printed at once and may be
reached on general file the latter part of
this week or the first of next.
Reviving Coasty Option.
A movement to revive the county option
bill, which was killed In the senate last
Friday, has come to light and la being
aided and abetted by some of the senators
who voted against the measure last Fri
day. The plan Is to have the house amend
the measure providing for election once
every four or five years Instead of .every
two years and providing that the county
election shall govern the entire , oounty
until the next election. As the bill was
drawn It allowed cities and villages to
vote no license even after the county had
gone wet. Senators McKesson, Burns and
Fridhy it would require two more senators
to give the amended bill a majority and It
Is possible these could be found.
Just what position the rrlende of the
original bill would take In case of an at
tempt to pass the amended bill has not
been announced. By some of thoee who
discussed It It is considered that It would
be a weakening of the present law In some
counties, at least.
In answer to this attention has been called
to the statement made by both sides when
the bill was before ths committee that If
the county option bill passed four-fifths of
the counties in the state would go dry.
A large number of tha senators will make
strenuous objections to the revamping of
the bill after It has once been disposed of
and any attempt to bring It up again will
precipitate as hard a fight as tha original
i bill met with when It wae killed.
Greater Omaha, Bill.
I The senate Judiciary committee this after.
ipvcw it-inuu una 1. a iim duis were
. both recommended without amendment, but
' It Is considered probable an amendment te
permit the officers of the two ettles to serve
. out their terms will be offered when ths
j bill comes before the senate.
essay Base Ball.
Local option as to Sunday base ball was
killed In ths senate Judiciary committee
( this afternoon and In Its place a provision
was offered In ths form of an amandmsnt
prohibiting ths "disturbing of the peace"
by plsying bass ball on Sunday. A
j amended by the committee the bill does
. not prohibit Sunday ball, but leaves te the
jury the question whether or not In eacs)
specific case the peace ef an persaei aos)
4
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