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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 22, 1907)
THE OMAHA. DAILY BEE: FRIDAY. FEBRUARY 22, 1007.
rrrilor'nr representative of any such rsll-
fad corporation to make any discrimina
tion In the rates charged or received fnr
carrying passengers, or to lue or give
,nny free ticket, irm pass, or furnlah trans
portation to any person or persons whoin-
,v.er except to the persona or cIhhvi
hereinafter designated. . . - . . -
Class 1 Except to the bona fid officers
and employe of aurh rallmada nhow time
'la principally occupied In tha service of ssld
railroad corporation, and their Immediate
families or rhulflren under 7 yeart of age.
Class t Except, to surgeon and lawyer
'Who are actually employed by aald railroad
corporation annually at a aalary of not leaa
than U.aiO each per year.
' Class S Except to person who may be
(Ivan free tranaporlation because of per
manent Injury, received by auch peraon In
a railroad accident or dlaaater, or lcaue
of a permanent Injury received while en
gaged In tha srvl of the railroad or cor
poration an giving the tame or to the
wldowa and depenflent famlllea of employee
Allied In the .service of surh railroad' Cor
poration. Class 4 Except. tnthe neceaeary ctre
takera of Uve atock. poultry .-'vegetable or.
fruit. Including tnane-portatlafiMw and from
The point of anlpmenl. v
Class Eaoepv (a Sleeping car, express
or baggage cor employea or linemen"of;1
telegraph companies, railway mall aervlce
amplOyea, baggage agenta or persona In
jured in arwks or accidents or physicians
and nursea attending auch persona.
Section J Hereafter It shall be the duty
of aald railroad corporation and each of
them to cause to be filed, not later than
the 10th day of each month, with the Ne
braska Brate Hallway commission a
monthly statement giving the name and ad
dresses of all persona to whom free tlrketa,
free passes or free transportation hve been,
riven or furnished by aald railroad corpora
tion, specifying the kinds of employment
In which auch persons are engaged and the
Wage or salariea paid them by said cor
porations, and designating under which of
ithe exceptions of section 1 of thla act such
free tickets, free passes or free transporta
tion have been given or furnished said per
son. The provisions 6( thla section sUa.ll
not apply to classes 4 and i of section 1 of
' Section J-The provisions of this act shall
Dot be construed to prohibit any rall
toad corporation from carrying passen-
frers free wKh the object of providing relief
n eases of general epidemic, pestilence or
valamltoua visitation.. ... ...
. Section 4 Any iperaon, firm or corporation
owning or operating any line or lines of
railroad wttht-j this state,' or any officer,
agent- or employe or representative thereof,
or any person or persons violating any of
ths provisions of this act shall be deemed
guilty of a tvlsdemeanor and for each of
f ens on cAi'. lrtlon thereof shall pay a fine
of no), le-A than 100 and not more than
11.000, arA the giving of each auch free
ticket, frej pass or free transportation In
violation hereof shall be deemed a sepa
Mri(M Legislation In senate.
A ryCillrnlnary skirmish, took place in the
nfa this morning over the advanced
IntArance legislation recommended by the
C'ycnmlttee of fifteen which met In tho east
Vet summer And decided on laws to be
reoommended to the various state legisla
tures. A, dosen bills covering the proposed
change hav been Introduced into the
Senate by Aldiich of Butler at the request
of the state Insurance department.. Bom?
fi the bllla "have already been placed on
general 'file. ' Joe Burns, chairman of the
insurance committee, this morning , moved
that 8. F. No. S03 and J07 be recommitted
to the committee for amendment. No. 0(1
requires an annul! distribution to policy
holilert cf dividends and 207 provides a pen
alty for making misstatements anil misrep
resentation regarding the terms of politics
" W' the benefits to be had under them,
""tMembors of ;the committee who declared
fnemserve in favor of stringent leglsia
RH regtlatlng life Insurance companies op
posed -the motion to ' recommit, declaring
ft" was a scheme' to smother the bills.
Racket l nhd Aldrlch made the prlnclpul
Speeches in favor of the bills and against
the -motion. The debate was on the general
subject of such leglslstlcn. Bums declared
the bills would operate against the small
Western companies, and were a scheme
f . (tje, big. eastern companlea to kill their
'western competitors. Rackett replied ,. that
(thy would not hurt western companies
;,. unless, (heir practices .were, hostile to the. slon amendment was carried to the senate
f lnteta of their policyholders and Aldrlch by Senator Wlltse, who announced It dur
'HrHh8,,iJbJeet 'h M" to require Ing a lull, Jn business. It was received with
' an vnusl accounting of the money held by I loud applause., , , , ,, 4-.t:
lji i companies Instead of allowing them to
h4d It twenty ''years without - accounting
Tha Burns motion was. finally amended
o require- the' committee to report on the
.Jtt'brVlday. but even with this change
it .was voted down by a vote of to 16.
The vote is taksn to" Indicate the senate
If 'strongly In favor of some such legislation
.as the committee of fifteen advocated.
The loss of his motion ' worked' on tha
ffniper- of Senator Burns and when the vote
was announced he turned around to Sen
ator Saekett and shook his fist at him: -''
"( want to assure you," h said, "that
tu fill occupy five days considering these
Dills 'when they come up. The eastern
ornpenfes have paid attorneys here lobby
ing for these hills and they seem to have
representatives in this senate."
Private Schools to Bo Taxed.
'The 'senate this morning Indicated it was
not rn- favor of exempting private schools
front taxation. When the Judiciary com
Itilttee reported In favor of indefinitely
postponing hi bill for this purpose Senator
Rsndair'msde a fight to have It placed on
general file for consideration. He lost
oat' In the attempt,' and a motion to ln-
dVfinfteiy postpone the bill carried. Senator
Thomas ' has a bill on the same subject
which provides that schools conducted for
'(trlimto Iralh Shall be taxed Ilk other "prop-
. trty. '
LleensW't-s. for rorsratloaa
fcenata nl ft"' Introduced -this . morning
by ' the"lu-:;lry cmmlttee of the senate
el . ' .
Half block - from 16th street half block from court .
".house-wcenter of office district center of retail district,
"1614 Harney street in the new Conservative building.
tjOPPpSITE BOYD'S THEATRE AND BENNETT'S)
Finest office in the city
v - v
I 80 Ft.
About 1,800 6quare feet on the ground floor, in this new building,
as shown in diagram above. . Partitions to suit tenant. Long lease,
! '.r -".This office is new, (never been occupied) light
: and air)', finished in oak; janitor service and. .
c heat furnished; large vault; anitary toilet rooms.
ACT QUICKLY IP YOU WANT THIS-IT'S DESIRABLE,
THE RENT IS REASONABLE AND IT WONT LAST LONG,
KERR ABSTRACT CO.
1614 Harney Street. . . . x ... 'Phone Dougla 6487.
'provides for an annual license fee. bpon
domestic snd foreign corporations doing
business In the state, graduated according
to the amount of the capital stock and run
ning from $5 to loq per year. It Is estl
msted that the license fee will produce
"approximately $200.0PO in revenue for -the
state every year. The scale, according to
capitalisation. Is ss follows:
Corporations . having -a capital stock ejf
flO.Oii) or lees, pi; between llO.Ooft snd $.",
$10; over fJS.noo and not exceeding MM
j; over "0rt1 and not exceeding 11m.n.
'W; over H'OOf) and not exceellng l-,,,..
$:; over. $'JTo.ai and not exceeding, f).00a.
Ml; over liMO.ono and hot exceeding tl.ouO.rtrt,
1)00;. r.vr ll.OMO.ont) snd not exceeding t2,m,
oon, $160; over $.!.0)0,noo, $200.
Tho bill provides this license fee shall be
due and payable on .ths first dsy of June
each year t theTsecretary of state. If not
14 on or before 4 o'clock P. m. September
I. next after. It shall became delinquent and
there shall be added thereto the sum of $10.
The, bill provides that the secretary of stste
shall pn or before September is report to
the governor, a tst of Ml delinquent cor
porations, and the governor shall forthwith
Issue a proclametlon declaring the char
ters of such delinquent domestic corpora
tions forfeited and the right of delinquent
foreign corporations to do business In this
stato to be forfeited unless payment of the
license fee together with the penalty be
made to the secretary of state on or before
the hour of 4 o'clock p. m- November $0
next following. At that hour the charters
of all delinquent domeatlo corporations
which have failed to pay the license fee
and the penalty and the right of all de
linquent foreign corporations to do business
In the state vwhlch have failed to pay the
license and penalty shall be forfeited. '.
All educational, religious, scientific and
charitable corporations and all corpora
tlons not organised for peounlsry profit
are exempt from the provisions of the act.
Penalties provided for evasion are a fin
of from $1C0 to $l,0u0 or Imprisonment In
county' jail from fifty to BOO days,, or botn
fine and Imprisonment. ;
Killed. One BUI. f
The senats today killed Senator Sibley's
bill relating to the assessment of mercan
tile and grain companies and foreign cor
porations. The bill required the companies
to produce bocks and papers and other evi
dence showing their gross earnings,. Indebt
edness and other Items on the ledgers to
assist In making .a valuation of their prop
erty for assessment. Several amendments
affecting tho mode of procedure we.e of
fered, but after a discumlon the bill was
Gibson's Measure to Be Recast.
Gibson's bill to prohibit brewers from
owning an Interest in saloons and to limit
ths number of saloons according to pop
ulation was before the senate for fifteen
minutes this afternoon and after discussion
was recommended to the judiciary com
mittee with Instructions to redraft It to
get rid of features that might render It
unconstitutional. The contest was on the
question of whether to send It to the judic
iary committee or Gibson's committee on
municipal affairs which reported It origin
ally. McKesson offered a motlen to require
the committee to report It bacjt to the sen
ate rn five days, but It was killed by a
vote of 18 o W. The vote Was a tlebut
Gibson, who was In the chair, decided It
In favor of the negative.
V ttatlwar Commission Hill.
fhe senate made S. F. 901, the Joint com
mittee railway commission bill, a special
order for next Thursday afternoon' at !
o'clock. The bill was reached on general
file thin afternoon, but was not taken up,
the proposal to make t a Special order
for, next week " being unanimously
agreed to, ' ' , .
The news of the decision of the suprerne
court holding ' valid ' the railway comnils-
ROl'TIKB PROCEEDINGS OF EATK
Senator Holbrooft'a Son Made Clerk
of Engrossing Room. . ,
(Froma Staff Correspondent,)
LINCOLN, Feb. 21-(Speclal.)-At the
morning session of the senate the commit
tee 4&n employes reported by recommending
the appointment of B. F. Holbrook, son
of Senator Holbrook, ps clerk of the . en
rolling and engrossing committee. The ac
tion of the committee, was In accordance
with the Instructions of the sennt yester
day directing It to provide competent help
for Senator Holbrook's committee. Senator
Holbrook complained the help that had
been furnished him was Incompetent, and
he was unable to turn out engrossed bills
as rapidly as he should. The committee
allowed him to name hla clerk, and. he
appointed his son. The appointment was
confirmed by the senate.
Tho following bills were reported from
standing committees' ,
8. F. 196 By Epperson. Permitting hall
Insurance companies to file bonds as surety
with state auditor. On general file.
8. F. Ill By Wilcox. Defining "Itinerant
physician,", and providing they muse- have
a license from the State Board of Health
and pay a fee of $250.
H. R. 18 By Jennlson. An "anti-lobby"
bill. Prohibiting paid lobbyists from at.
tempting to influence members of the legis
lature' on mattera pertaining to legislation
except In a public manner.- On genera) file.
H. R. 77 By Hart. Defining the crime
of "burglary with explosives," and provid
ing as penalty from twenty years to life
Imprisonment. On general file. -.
It.- R. 104 By K. W. Brown. Providing
a penitentiary sentence of from one to five
office for rent
-f ' ' ' ' -a
rears for having possession or custody ef
burglar tools, on general file.
8. K. 24o Hy ItandHll. Kxemptlns; from
taxation normal schools having authority
from the state to grunt teachers cer
tificates. Incletlnltflv poMponed.
H. F. 1fi7-Hv Kliis. . Providing for an
appeal by taxpayers from the actum of the
lotinty Hoard of Rnualisntlon in masing
the annual levy. On general file.
8. F. VA Bv Buniier. Regulating the
doing of business in the s;me and the use
of the courts by foreign corporations, in
8. F. 2M By Clarke. Providing theaters
and auditoriums shall hsve main fl'nr not
more than five feet above the ground level.
8. F. iVt Ily Thorne. by request. Provid
ing for a reduction of exemptions from
$N to $3"0. On general file.
B. F. 313 By King. A Joint resolution ,
mcmorlnllxing congress to provide for a
constitutional convention to submit an
amendment to the constitution to permit
the election of senators by direct vote -of
the people:,on general file.
8. F. 1 Ily King. Requiring foreign
corporation to have agent within the
state upon whom service of process may be
had; on general file.
Lieutenant Governor Hopewell appointed ,
as a conference committee to meet with .a
like committee from the house to consider
the senate amendment to H. R. 116, which
the house refused to concur -In, Senators
Backet., Wlltse and Patrick.
Burns of Lancaster moved S. F. 200 and
8. F. 204, relating to insurance corporations,
be recommitted to the Insurance committee
for amendment, and after a spirited debate
the motion was lost.
The senate passed the following bills:
S. F. a2 By Thomas. Providing a man
who fails to support his family shall not
be exempt from execution.
8. F. 212 By Wlltse. Providing Jail sen
tences at hard labor for assault, threaten
ing to provoke an assault or drunkenness.
At the afternoon session these bills were
placed on general tile:
It. K. 23-By Culdlce. Limiting the liabil
ity of villages for damages due to defective
streets or sidewalks.
8. F. 282 bv Thorne. Requiring assessors
to gather statistics relating to agriculture.
The senate then went into committee of
the whole, with Gibson In the chair, and
acted on the following bills:
S. F. 143 By Sibley. Taxing mercantile,
groin and foreign corporations on the basis
of the volume of business transacted; In
B. F. 201 By Sibley. Amending the law
relating to weights and measures; for
8. F. 235 By Ashton. Requiring In will
specific statement of Intent to disinherit a
ciilld or the heir of a child; Indefinite. y post
poned. 8. F. 26 By Saunders. Providing Con
firmation of sale shall not be set aside on
grounds of gross Injustice; for passage.
S. K. 238 By Saunders. Giving tax lien
priority over other incumbrances and Hens;
S. F. 1D4 By Patrick. So-called ticket
scalper bill. Requires railroad companies
to recognise tickets In the hands of any
bona fide bearer. Final action not taken.
8. F. 193 By Iatta. Prohibiting the tun
ning of passenger coache ahead of
freight, express or baggage cars In making
ud train. For passuae.
8. F. "ft By Gibson. Prohibiting brewers!
from having Interest In saloons and limit
Ing nunil.Br of saloons according to popula-
tlon. Recommitted to judiciary committee
for amendment to make the' bill constitu
On motion of McKesson of Lancaster,
Lieutenant Governor Hopewell appointed
Senator Patrick to read Webster's "Eulogy
on . Washnlgton" as a part of the Joint
observance of Waahlncton's birthday to
be held at 9 o'clock Friday.
The following bills were Introduced In the
8. F. 949-By Byrnes of Platte. Making
It optional for counties 'Under township or
ganization to have a separate supervisor
for each township and providing how to
discontinue such township supervisors and
re-establish district supervisors in such
S. F. S50 By Byrnes of Platu , Provid
ing that in counties under township organ
isation township treasurers shall be town
collectors and shall call at least once on
each person for collection of taxes.
. 8.. F- $51 By Byrnes of Plattej Provid
ing for collection of taxes by township
treasurers In counties under township 6r
ganixatlonNtnd requiring county clerks" to
issue duplicate tsx lints to such treas
8. F. 362 By Byrnes of Platte. Require
township treasurers to receipt for taxes
paid anil to antes same upon, their reenrds.
8. F. 863 By Byrnes of Platto. , Providing
for 'the 'election' of ilepuly county assessors
hi. each township' and ward,- to servt for
one year. . .
8. F. 364 By Sibley of IJncoln. Providing
for sale cf educational lands to school dis
tricts, church or cemetery associations.
Allowing sale, of .school lands which may
8. F. 86&-By Sibley of Lincoln: Making
maximum express charges 75 per cent of
those in force January 1, 1907, and provid
ing that nothing in the act shall be con
strued to reduce the chnrges of packages
of four pounds or less and providing that
no charge shall be less than 26 cents.
9. F. 356 By Thomas of Douglas. Mak
ing it unlawful to operate traction engines
cr steam engines for power In rperatina
thrchlng muchlnes without having same
equipped with appliances to prevent the
escape of fire therefrom.
S. F. 357-By Judlciarv committee. Im
posing an annual license tax upon domestic
"nd foreign corporatlcna doing busineys In
this state, ran King from 15 to Hub. araded
according to capital stock.
8. F. Sid By Judiciary committee. In
crearlrig fees for tiling articles of Incor-
? oration, making minimum filing fee $10
or corporations of 510.000 capital or less.
Preaent law makea filing fee $10 for any
company having capital stock up to $100,(00.
For ompHny with cnpltal stock of from
$l(i.00t to $X.000 new fee, $31; $25,000 to $100.
WiO. $50; If over $1f0.or) nddltionnl fee for
each $1,000 In excess. BO cunts; and Increas
ing, certain. other fees.
ROITIXE PROCEEDINGS OP HOI SB
Knmber of Bills Acted on In t'osn
mlttee of the Whole.
(From a Staff Correspondent.)
LINCOLN. Feb. a.-(8peclal.)-In the
committee of the whole the following action!
was taken on bills:' ' ' '
&. 3-By R6ot of Cass. 'Give 'gov
ernor authority to sbmniarlly remove ap
ki. R- 229 By Nuyea of -Cs.ua. Providing
state build bridges serosa streams over
IMX) feet wide; indefinitely postponed.
;B. F. 97 By Thomas. Providing a oor
onor'a phyaicjan in Omaha; to puss.
H. R. Utt-By Baker of York. I'rovldlng
for the aale of cemetery association prop
erty : to rasa
H. R. llil Mcfullen of Oage. Providing
for humano shipment of chickens; to pass.
H. R. 186 By Ixdge of Douglas. Judg
ment for restitution 'of premises may be
enforced at discretion of a court; for pas
The following bills were introduced: ' 1
H. ft. 412 By Tucker of Douglns. Pro
viding for the salary a of the ofneere of
a city of the second class to be fixed by
ordinance. . .
H. R. 41-By Dodge of Douglas. To es
tablish' 1n Omaha av hnepitul for crippled,
ruptured and deformed children and thuae
suffering from diseases from which they
ar likely to become deformed.
H.'H. 4H-By Thlessen of Jefferson y
request). Kelatlng to telegraph operators
and train dispatchers in the stats of Ne
braska, and providing an eight-hour -day
for such labor.
H.R. 416-By special committee. J. E.
Hart, A. J.-Jennlson and . E. B. Quackrti
hush. Providing for a board of pardon ad
visors, denning their duties, providing for
trwlr compensation and to provide fur a
H. R. 41tt-By Culdloe of Rallne fbY re
quest). RelHiIng to the disqualification of
Ju-lqes and Justices.'
U. R. 411 By Oilman of Lancsster
Making It unlawful to shoot
live birds from traps.
II. R. 41S By Noyea of Casi. County
clerka to receive and file and audit ac
counts against a cnuntv.
II. R. 41 By K. W. Brown of Ijin
rastar. Amending existing juvenile court
II. II. 420 By Quackenbush of Ne
maha (by request). No person shall
be appointed guardian fr mure than ere
person In any one year.
H. R. 421 By Quackenbush of Ne
maha (by request). No person shall
be apTMilnten numinisxrator t act on
more than one estate In one year.
H R. 421 By K. W. Brown of Lan
caster. Permits use of affidavits aa evi
dence io certain cases In Jxstt'-e courts.
II. R. 42S-By Raper of Pawnee (by
request). Joint resolution prupoalng an
amendment to the constitution of tha
state to prohibit the manufacture salt
and keeping for sale of Intoxicating liquor
aa a beverage.
H. H. 424 By Baker of -York. Repeal
ing statute fixing tl.OOt salary for deputy
H. R. 45 By Hart of York. Governor,
treasurer, secretary of stats t,j be the
Stato board of assessatrnt. ;-.
IL H. 4St By apeciuj commutes: J.
F. Hart, E. B. Quackenbush, A. J. Jen
nlson. To- amend section 1$ at article
I of the constitution, to crente and per
petuate a state board of pardoni, to de
fine their 'lntles and provide for their
compensation. . '
H. R. 427 By Clarke of Douglas (by
request). Msles over 14 years old amen
able to laws as to crlminu aasauit;
present taw 1$ years.
Jim Kelhy's "Ledge ( Isrrsn" a
Deserted nasi Darkened Place.
(From a Staff Correspondent.)
LINCOLN, Feb. 21 (Special.)-What cer
tainly must be the last straw was heaped
upon the bowed back of Burlington Lob
byist Jim Kelby last night when a member
of the legislature dubbed his darkened
headquarters at the Lincoln as the "Lodge
of Borrow," Falling to find members who
are willing to associate with him or hi
kind in public, places, such as the hotel
lobbies, Kelby has been sending out plead
ing Invitations for those who will talk to
him to come to his room. Few are ac
cepting the Invitations, and those who have
been there bring hack the story that the
old-time arrogant user of legislators and
manipulator of political conventions, and
all 'round boss, I about all In. Ills tone
of command which used to strike terror
to the legislator who wanted to break the
railroad strings, has changed to a whins
not unlike that of the proverbial whipped
cur. "These certainly be changed times
for Mr. Jim," remarked a legislator.
Tucker's bill to prevent a continuance of
the ''feeding graft at the Douglas county
Jail has certainly struck a popular cord
out in the senate. Today Mr. Tucker re
reived 'not less than a dosen applications
for copies of his bill by persons living. In
tha less populated counties who have had
the same proposition to go against that
Douglas' county has experienced for so
many years. It is probable the outside
legislators will want to amend . the law
to apply to all the counties. .
Soine of the legislators are still talking
about that speech of a Burlington lobbyist
In which he said, "We have made mis
takes In . the past; we have stoned, but
forget It; we are flesh apd blood; let us
work together In the future and wipe out
the past." The legislators cannot forget
wlwn they talk of that plea that the Bur
lington and t'nlon Pacific owe enough
money In taxes, the collection of whloh
were enjoined, to put a number of counties
on a cash basis snd open up a few schools
In the sparBely settled districts.
' If the facts already in the hands of the
house committee on claims are verified
upon farther Investigation, Captain Fisher
of Chadron probably will discover that
he' has gone to the legislature once too
often with his claim for $11,600, said to be
the appraised value of land escheated to
the state. The facts about this claim was
set out thoroughly In The Bee and other
papers two'years ago, and at that time)
the attorney general became interested fh
the claim and began an Investigation, hut
nothing ever came of the matter. As told
In The Bee, the claim grew In four years
from $1,600 to $11,600. The land In ques
tion1' consisted of one section located In
Sioux 'county and owned by the heirs of
Herman Goedde, deceased. These heirs
lived 'In Germany,' and three ' appraisers
ere selcted to value the property, as un
der the law such property must be bought
by the state, as it cannot descend to a
foreigner. It was set out In the article
that Captain Fisher was to receive as his
fee for looking after the matter, for the
heirs all over $1,000 received for the prop
erty. It' wAs appraised, so the records
show, for $1,600. In 1901 a, claim Was put
before the' legislature for $8,000. It was
rejected,.' but bobbed up serenely in I
Increased to $11,500, and again it was about
to: be turned - dowtr, 'when It was very
quietly withdrawn ' from the committee.
Kow It . Is up again. , This legislature in
tends, to settle this claim once for all.
Armstrong of Nemaha and Snyder of Har
lan left today for the northwestern part
of the state to bring before the claims
committee the three original appraisers
who valued the, property. The men have
that authority delegated to them by the
house. They already Jiave affidavits from
two of the appraisers saying the land was
valued at $1,500.
HERMANN CASE DELAYED
Counsel for Defense Raises
. Which May C lear Congres
- on Trial.
Washington, Feb. a.-in the trial of
Representative Blnger Hermann of Oregon
today on a charge of the destruction of
thirty-five letter press copy books when
he was commissioner of the general land
office, counsel for the defense made a new
plea to , dismiss the case. Counsel offered
to' prove that there was a fatal variance
between the lndlotment against the de
fendant and the facts as they existed when
the true bill was . returned. -
Counsel for the government objeoted and
the Jury was excused during the discus
sion of the point Involved. The defendant's
counsel then outlined their contention that
the indictment did not particularise when
It might have done so; that the destroyed
books .were kept in the commissioner's
private office; that the books contained let
ters signed by. tha defendant and that they
were marked "personal," as distinguished
from other books and record of the de
partment. , That variance between the Indictment
and the evidence, according to the defense,
should operate as an acquittal for Mr.
.The government's counsel took a different
view, maintaining the Indictments In its
description -of this thirty-five letter pre
copy books was. sufficient to inform ths
defendant of the charge he would be re
quired to meet. Justice Stafford deferred
a decision In the matter and the Jury was
excused until next Monday.
SCHOOL LAW NOT ADEQUATE
California. Most Alter Statute
Oriental Are to Go to White
SAN FRANCISCO, Feb. .Jl.-Ctty and
County Attorney Burke, In dlsousslng the
Japanese school case today as altered by
new agreements, aald: "If tha Japanese
children over IS years of age are to be
kept out of our public schools statute 1662
of the civil code will have to be repealed
by the legislature. The statute makea pro-
i vision that all children between the ages
of and 21 shall be allowed to enter our
public schools, except for certain reasons.
In case the J panes are allowed to enter
our general schools a new statute will have
to be framed, if the school board Wishes
to keep those over 16 years of age out of
"The statute also provides that in ease
an oriental school is provided the children
Of the peoples specified shall attend no
other. Hence the oriental school must be
abolished, to allow the Japanese to enter
our schools. But if the oriental school Is
not abolished than children so specified
must attend that school and no other. The
statute specifies children of Mongolian de
scent, and we shall Insist until proved
otherwise Ip court that the Japanese are
not of Mongolian descent."
To Prevent tbo Grin.
Laxative Bromo Quinine remove the
cause: To get the genuine call for full nam
and look for signature of E. W. Grove. 26c
GRAZING LEASE TO CO OUT
Stnate Will f trike I roTiiion from Acric"!
tnrl Appropriation. Bill.
MORE MONEY FOR Ao.m .UlTURAl COLLEGE
Senator Warren gaia He Has Ke Ille
gally Kenoeal Lands Senator Bnr
kett to Waahlngton's Far,
WASHINGTON. Feb. 21. It was conceded
today by senators In charge of the agri
cultural appropriation bill In ths senats
that the graslng lease provision will bo
eliminated from the bill on a point of order.
The rradlng of the agricultural bill was
completed after meet of the day had been
spent In debate on the forestry system and
the graslng land provision and the measure
will again be considered tomorrow for final
An amendment was agreed to at ths sug
gestion of Senator Nelson Which will add
$5.U0O each year to the appropriation for
agrleultural colleges until the total amount
for each state for these colleges shall be
$50,000 annually. Instead of $30,000 as at
Senator Patterson h(rs given notice of an
amendment to sr grate forest reserve lands
according to their adaptability as forest
lands, mining lands and agricultural lands.
Senator Patterson today opposed ths gras
lng lease proposition.
Senator Warren, saying he was aware
the provision would go out en a point of
order, nevertheless he advocated it. Mr.
Warren resented the charge that certain
senators had fenced in tho public domain.
Personally he said he did not have an acre
of Illegally fenced lands. '
The farewell address of George Wash
ington will be read In the senate tomorow
by Senator Burkett of Nebraska.
Democrats Force Rending; of Snndry
Civil BUI and Otherwise Kill Time.
WASHINGTON, Feb. a. Smarting under
what they considered unfair treatment, the
democrats resorted to a systematic! series
of objections against provisions In the
sundry civil bill today In the house. They
compelled the republicans' to maintain 100
members, a quorum of the committee of
Both the rivers and harbors bill and the
naval appropriation bill were sent to con
ference. When Mr. Tawney, chairman of the ap
propriation committee, moved that the
house resolve Itself Into the committee of
the whole for the consideration of the
sundry civil appropriation bill and that
general debate be limited to an hour, the
motion was antagonized by Mr. Sulier of
New York, because it excluded a proposed
speech of Mr. Clark of Florl3a on the man
agement' of St, Elisabeth government in
sane asylum. Tho motion prevailed, how
ever, and the house resolved Itself lno
committee of the- whole.
The opposition under the lead of Mr.
Bulser demanded the first reading of the
bill and then for the first time at this sea
Blcn, the house listened for nearly three
hours to the first rradlng of the measure.
Mr., Tawney explained the bill. Mr. Taylor
of Alabama followed and the reading of
the bill was begun under the five minute
rule. Both Messrs. Clark and Sulzer made
points ot order against sections and gen
erally were overruled. Several times on
demand a quorum was counted at tonight's
session, many of the members- appearing
in evening dress. At 10:48 p. m. the com
mittee rose, having completed ninety-six
pages of the bill, and 'immediately there
f tor the house adjourned.
Woman shoots art dealer
Wife of Chicago Millionaire Kills Mast
Who Attempted to Extort V
- Money from Her. v
CHICAGO, Feb. 21. Webster H. Guerin,
alia Louis Fisher, proprietor of the Harri
son Art company, was today shot and
killed in his office in the Omaha building
at LaSalle and Van Buren streets hy Mrs.
Flora McDonald, wife of Mirhael C. Mc
Donald, a millionaire, who was for many
years tha democratic political "boss" of
The motive for the killing is not exactly
known. Mrs. McDonald became hysterical
Immediately after the shooting and was
unable to make a connected statement.
From what she has said, however, it is
believed that for some time Gucrln had
obtained money from her by the threat
of making disclosures to her husband.
Mrs. McDonald went to Guerin's office
shortly before noon. A quarrel followed
and then came the shooting. Mrs. Mc
Donald was arrested, but refused to give
her name. Bhe later was Identified at the
Harrison police station by her uncle, B. M,
Bhaffner. an attorney.
The woman's husband, who came immedi
ately to her cell, declared extortion was
the only possible motive for the shooting.
McDonald declared Guerin had followed
Mrs. McDonald to California several years
ago and had attempted to force her to give
Mrs. McDonald has gone hopelessly In
sane, according to pnysicmna aiienuing
CHURCH CONTRACTS DIFFICULT
i at Issn Between Vw
and Vatican Mar Cast
PARIS, Feb. tl. The ecclesiastical and
state authorities are still at odds over two
points relating to tha contracts for church
leases, namely, the clause Holding tne
parish priest, a leasees, responsible for
ths keeping the churches In repair and tha
clause prohibiting members of dissolved
religious orders from becoming parties to
The church authorities maintain that It is
Impossible for the priests to personally as
ume liability for keeping the churches in
repair. - This clause, however, 1 con
sidered to be adjustable, but upon the other
point the prelates who are close to Cardinal
Richard are leas optimistic,- claiming tnat
the former monks are now secular priests
and that it would be Insulting to exclude
them from acting a pariah priests.. The
negotiations on the latter point are apt to
be slow, as Cardinal Richard must consult
with his colleagues in the episcopate and
secure the approval of the Vatican at every
step. The clerical newspapers claim tkat
the continuation of tha negotiations is a
distinct victory for the church.
Livery Barn at Pierre.
PIERRE. 8. D.. Feb. O (Special Tele
gram.) An overheated stove In the office
bf A. 8. Guthrie's livery barn is the prob
able cause of a fire ending in total loss
of the structure early this evening. The
loss will amount to about V.M, there being
but small inaurance. ..The. horsts and rigs
were all removed and adjoining property
is not Injured. -This is the third blase
within the past few 'month on the prop
erty, but no incendiary origin, is ssslgned
for the final destruction ef the building.
Jollet laduatrlaf flnfe Honse.
JOI4ET. I1U Feb. - The magnificent
steel ' works club bouse, representing aa
Is It Over? What? Your 19c Sale
Our snlcndld telephone service
these queries today from hundreds
ble to attend that remarkable saleon aoeownt of the extremely nasty
weather. While this sale was largely patronized and a grand miceesa.
so ."many" regrets fairly compels
19c Some of the Grind
50c fancy Silks for
0c Plain and Colored China fall
for '. 190
50c White China Silk ll)
50c Plain Panamas, In navy, green
and red 100
40c Black and White Checks and
60c Fancy Mixed Suiting ..lOs
65c plain Gray Panama. ... 1J0
Good size Union Linen Napkins,
worth 60c per dosen, 6 ior.lOt
Cream Turkish towels, 4 tor.)t
Large size Devonshire Hi'ck Tow
els, 2 for 1UC
Large, knotted fringe DamasK
Towels, each lVC
Turkey Red Table Damask. .10
Large "Jumbo" size Turkish Tow
els, each lil
35c "Rub Dry" Towels, each.10,
Regular 6c Wash Cloths. 6. .100
Remnant good grade Toweling,
2 yds. long, each. ...,. 100
Dotted and Figured Swisses, worth
SOe per yard 100
Checked and Striped Mercerized
Madras, per yard 100
If It Comaa
Wesleyan Conservatory of Music
University Place (Lincoln), Nebraska.
VERNON KrENCER. Director,
SECOND ANNUAL FACULTY CONCERT
Ksssars Tsrnoa Bpsnosr, Pianist: Clarsno XoTlno, Basso; Bclamnnd roarstsl. Vio
linist, and Mr. Lillian Jobbs Halms, Knprano. assisted by Marl Slon Pianist.' i
FIRST M. E. CHURCH, FRIDAY, MARCH 1, AT 8:15 P.. MV
Uniform Price" 'of Seats, SOc. . K undent's Tickets, 23c
On sals at all muslo stores and mnslo departments on and after today. .
NOTE On the occasion of the last cVincert In 190, which was rompllmentsry,
a great difficulty was experienced in effecting a fair distribution of tickets and for
that reason several hundred people had to be turned away and as many were con
tented with standing room. The above charges fpr admission to this concert are
nominal and made to enable everyone Interested- to sain admission.
outlay of $75,000, was badly damaged by
fire early today. The club house was
erected by the Illinois Steel company
nearly twenty years ago and has been
maintained by the company. The club has
a large membership among mill employers.
The library, asembly rooms, dance hall
and athletic departments were all dam
aged. DECISION COMES IN A FEW DAYS
Commercial Clnb Will Get Answer to
Froteat on Premlam
"It was the entire country against tho
cereal trust," said Commissioner John M.
Guild of tho Commercial club on his return
Thursday from Chicago, where he appeared
before the weatern trunk line committee to
protejt against the recently announced low
rate on package goods with premluma.
"The commercial organisations of all the
Missouri river towns and St. Paul, Min
neapolis and 6t. Lxwis, the wholesalers of
the entire western country and all the irv
dependent cereal concern were lined up
one side. On the other side were the rep
resentatives of Quaker Oats snd tho
American Cereal company.
"Tho committee heard both sides end will
give a decision on our protest in a few
On December SI every line In the associ
ation had agreed not to put In effect tho
low rate on premium goods, but a few days
later the Milwaukee and the Rock Island
announced they had reconsidered their
action and would make the rate. The other
roads were compelled to follow.
Complaint of "Bla Stick."
GUTHRIE, Okla., Feb.' 21. Rltter denunci
ation of the republican member ot con-
f-ress and President Roosevelt were uttered
n the constitutional convention In the dis
cussion of the separate coach proposition.
Judge Paker declared that the aame federal
blue coated "big atirk" hung over the con
vention that hung over the conventions In
the south in the days of the reconstruction.
DIAMONDS Frenser, lth snd Dong.
Alabama Edacatloanl Knnd.
r(kTT n1 .t V n T Ala Vh ?1 Ki!l an.
pruprlatlng an aggregate of $1.87S,0 to edu
cational Institution of the tate were
passed by ths house yesterday. This is In
addition to 1300,000 a year ago already put
at the dlspoaal of the common achools.
u 1 l-' 1 11
We have Jut received Twenty Thouand
all long Havana Filler Cigar direct from
Mr.. Charles Beaton, who Is at present
In tha south, visited all the Urge factories
along the southern coaat In order to obtain
a good Havana Cigar. He succeeded in
landing the "Don Pelayo" an exceptionally
flue havana cigar which i turned out by
one of the largest manufacturers in the
tobacco district. Florida. This is a rtgular
10c straight cigar which to Introduce we
rlace on sale today for 6c atralght or I2.2S
or box of fifty. ,
BEATON DRUG CO.
15TH AND FAFJ'V
yli for yiu
wa simply Inadequate to answer
of Interested people, who were una
us to continue the sale Friday. '
Bargains You Cm Get 19c
Linen Finished Suitings, Zlc val
ues, per yard 100
A large assortment of Sea Island
Nainsooks, English Long Cloth,
India Llnons and Persian Lawns,
worth half more, per yard.l()
60c Allover Laces, cream and
white, per yard 19
39c Embroidery Edges, Insertions
and Dands, per yard 100
4H yards of 10c Val. Laces or In
sertions for 100
2 yards of plain Silk Taffeta Rib
30c Fancy Silk Ribbons, 4 to 6
Inches wide 190
36c All Linen Embroidered Satin
Stripe Handkerchiefs ..;.190
60o Washable Leer Veils, 1V4 yds. .
long, each . . . 100
2 yards of good 25c Net Veiling,
all colors --lOO
Z5c Stock Collars, good assort
36c Golf Gloves (ladles' and chil
25c String Shopping Bags . . 19
Ladles' 25c Belts, big line. 19'
THE BRANDS THAT ARE
risT.?"!': 80c- SI- $1.25
Killer's Fine Wines, 3Sc-50c-75c
1309 Farnam Gt. we deliver
0 O YD ' S bu?s ess"d Mgr.
TOHIOKT, BATTBDAT SAT. MAT
The Gans-Nelson fight Pictures
Prices 26a and 40c.
NEXT BUaTDAT, MONDAY, TVXS
SAT, WEDNESDAY, MAT. WED.
SEATS ON BAX.B FOB LAST SEA.
BON'S BIO SUCCESS, ENTIRE
N. Y. OAST and PRODUCTION.
This Afternoon Tonight
NEXT WEEK NELL, GWYNN.
TKe Orpheum Sfiow
Vaudeville's Greatest Attraction,
DIRECTION MABTZN BECK,
Special Waahiiifrton'a liirthday ,
TONIOBT, 8 118,
Elaborate Historical Story of
The BEFOBMATION, under aus
pices of Kountxe Memorial Luth- .
eran Church. 400 Omaha's best ' '
musical and dramatic talent In
cast 100. Thrilling SBAMATIO '
SCENES, including Luther's trial
at Worms lirllllant descriptive
story by Mrs. Delia E. Meyer-. ,
Monday and Tueaday evening,
rruiunry :o. ut t O'clock. -.
f V 'i.u. f,()c, 25c. 15c
chart at Box Offlc open at
...i " uni (iliuiua. frobruary
tl, 1907. '
B nasr vs 1 Ka.UL w&T.-i.T isa
MISS ROSE MELVILLE
la SIS HOPKINS
I Sun A Stringer la Town.
Skating Friday and Saturday of this week,
bote Afternoon aad Evening.
ax&tive jrooo yazuza
CuTM.Coldln Oi a Dy, Cr1a 3 Days
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