Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 26, 1907, Image 1
The Omaha Daily Bee vol xxxvi. no. OMAHA, TUESDAY MOKXIXd, FHUIU'AKY 'Jii, 1107-TWELVE PACES. SINGLE COPY TIIKEE CENTS. r. IT. nrr:ii:i Einninod at Lfluth Eefaid.i.tr. l urch of Read. CU STIONS ABOUT INFLATION CF STOCK En'on fur Nearly Fiftr Bullions in Kw Fecuritiei Not Iiplained. SYNDICATE SELLS BONDS TO ITSELF AT 65 Vitrcii Ucable to Tell Tree at Which They Are SMd. U'STION t, JURISDCTION IS RAISED lr. Harrlmnn Decline In Trll nf Imonnt nf Stork Held h Indi vidual netlnn Will lie tpnraled l Cnart. NEW York, Feb. 25.-E. H. Harrlman. Iieid of the Union Purine system, spent 4ud.iv In a rcclt.il of portion of the Inti mate history of the nnnnrl.il operations of himself and his associates before the Ititi-min'p Commerce commission, which In behalf of the I'liltnl Htales government Is Invent Ik ititig consolidations and com blt'.itlons of curriers, relntlotis between car rl r and ci minunlty of Interest therein. ii,.tr rates, facilities and practices. Spe- l il ."outiM'l for the gox eniment maile par ' iMitr attack on the reorganization and I'ii.imi liur of the Chicago & Alton railroad l v the ll.irrliimn syndicate and this action, with a ch iUetige by cotitu-el for the ril- rci l the tight of the Interstate Com merce conimlitsl, m to Inquire Into the pri vate transaction of an Individual, consti tuted the two chief events of the day's pi oc ceding. Mr HiitThruin declined to tell what pro portion of the preferred stock of the Alton noli to the I'nlon Pacific belonged to him Itiillvl.lu.-illy, and the way wvi paved for :iklrg the question Into the federal courts. T'm point raised Involve a material limitation on the Inquisitorial power of the commission ;nd I of serious Importance to the whole question of Interstate cor poration investigation. Mock. I Inflated. There was an effort to show that there had heefi an mormon Inflation of stock securities and liabilities of the Alton; that the Harrlman syndicate had taken unfair profit by declaring a dividend of .10 per cent from the proceed of the first sale of bonds, amounting to J)0.rt),onn; that the syndicate had sold Itself the bond at an up reasonably lciv figure only to resell , thetu at enormous profit; that the Harrl man syndicate had In the Alton capltal- I . Tf . ; l"d the loss of former stockholders In the road and the money which had been spent by the old management for )tter luenls over a period of ten years and al-i-.m dv churned to operating exposes; that the tiook of the company had been doc tored nnd that for an Increase of stock and liabilities from about 4O.W.0n0 to f1ir,,ann,!Yin there was nothing to show ex cept an expenditure of 2,noo.000 In Im provement on the property. Mr. Harrlman' testimony wag- a denial of nil the charges, and he made an ex tended defense of the transactions, which he contended were fully Justified by the condition and circumstance nf the time und had been conducted entirely In the open. Harrlman' explanation lasted for five hour and was unmarked by acrimony. The Wness declined to be led Into an attemrt to explnln the detail of the Alton oh rations and constantly referred his ques tioner to the records of th Alton company. Virthrrn leucine TMil. Mr. Harrlman' testimony began with the Irsuance of Jlon.nio.oM of convertible bonds bv the Viilon Iactlc for the pupose pri marily of paying for the Southern Pacific In V.n'l, and then led through the purchase In connection with the Oregon Bhort Line of the Nortl.prn Pacific stock Mr. Harrl man Identified a statement showing that alnee July 1 the ':don Pac'lflc and Oregon Short Une have purchased stocks at a cost of m.(.nu. and Mr. Kellog, the gov ernment's attorney, sought to show that, figured by prices In the market today, there had been a loss of 111,000.000 on the Investment. Mr. Harrlman aald that this was possibly true, and when further questioned asked permission to explain. The wltnesa said that If Northern pacific and Great North ern maintain their present prices the profits In the Northern Pacific Investment would amount to aout M,000.000. The witness was taken over the total Investments and sale made by the Vnlon Pactfio and Oicgon Bhort Une and In the end denied that they had been made for speculative DurDoae. The wltnesa then related the story of the purchase of 46.O0.0M of the stock of the littltlmore A Ohio, payment tor wnicn would, he said, be completed In March and (September next. He had discussed the purchase w'lth the late pressldent of the 1'ennavlvanla railroad. Mr. Cassatt. but nothing had been said a to price and no conditions were attached to the purcnase. Objection frnm Harrlmaa. Inouirr about the Vnlon Paclfio pur- chae of stjck In the Alton led the way to the founnttlon of counw 1 for Mr. Harrlman to a question aa to the amount oi sioca the witness had held In the Alton. The wlfe-ss explained the sale of the stock and t.-ttnd thnt he had served on the com mittee which had fixed the price at 4. Ha then was askod If he had owned any ,-f the stock when it was deposited. Mr. Mllburn objected, saying his clients were ready to lend any poslhle assistance to the Inquiry and they rejoiced that It gave them opportunity to clear away many scandalous and unjut reports. H denied . . . however, that the question naa any waring .,n the ouestion of Interstate commerce, It- ald the vomirass.on had great powers but ther- wa. a limn and he thought It was to the interest of .he commission prop- .r to define It. power Chairman Knapp said the suggestion of Mr. Unburn a emed to draw a n:atlncuon . . .... ,n.an,ui of lh rumiinnv iwn wa in. ...... -. and the action of Its officials, and asked If this could lie called the transaction of an Individual. There wa an extended discussion of the quetftton and U waa stated that the com mission would confer and announce Its de riiioi later. At the afternoon session the question waa rviiewed In another form and the commla- j nn decided that lt had a light to malt the Inquiry. Objection was noted In the record, and the witness formally declined Is) make answer. Alio U-al Taken lv. Tne exainir-iiiNji w nmrv Aiiun transaction ttwn begau avnd consumed most ef the aitvrrvH-n. Mr HArrlnian first told . . . C the fort ailou of the syihfccate which ae said cunutlned rimajf person and which vu fceoud JrVej vu wwui '4l SUMMARY OE THE BEE Tueda, Krliraarr ilH, ItHJ" 1007 FEBRUARY 1907 TMU ri T J 23 THE WE. B. KnliKi'AST FOR . KHIt ASK A Fair Tuesday, decidedly colder In tin- afternoon or by night, wlth'hlgh north winds. . Wed nesday t';il r ami cold. loltKi'AST Folt IOWA Fulr Tuesday mi.! warmer In cast portion; ruin or snow unci nun h colder Tuesday niKht or Wed nesday. Temperature .it Omaha yesterday Hour Dig Hour De?. ...47 5 a. in 6 h. to 7 a. m H a. in 9 u. m M a. in 11 a. in 13 m :tn 1 p. m 31 2 p. in X! 3 p. m 33 4 p. in ;i 5 p. in Hit ti p. in .....43 7 p. til . ... 45 H p. m 9 p. tn LEGISLATIVE. Decision of tax case und consequent mmiui.n t" states ratn may inuuee no I enlargement of appropriations. Pas' 1 I Maximum rate bill covering a number of leading commodities likely to be in- troduced In the legislature. Fags 1 South Dakota bill raising ngo of con- j petit falls In house for lack of const I tu- : tional majority. Fag a 1 i NEBRASKA. ' Kvangellsts Knslow and Hill close sue- ! cessful series of meetings at Hubbell. Pare 3 Senators Clark and Snunders, represent ing the ways and means committee, visit Industrial mhool und State Normal at Kearney. Patfa 3 Hearing of so-called Lumber trust case resumed nt Lincoln before Heferee l'ont. but no Important testimony develops Paga 1 I DOMESTIC. ' Senator Dalley 1b exonerated by Texa senate before committee can prepare re port. Poffe 1 K. H. Harrlman testifies before Inter btate Commerce Commission as to deals In rullrond stocks. Pat 1 Dr. Lyman Abbott declares "trusts" are not evil, but some methods are wrong. Paara 11 Dallas and Gregory, both new South Da kota towns, are already battling for su premacy tn handling the crowds at next year's Tripp county land rush. Faga 3 Further heavy losses around Vermilion, .Q It Mt. ..,.,. ft. .,1 aia n.uull r th.i cvten- .' " one iiwub. w K"IB' in biiii ioia i. Page l Mrs. Harry K. Thaw spends another iTay on witness stand and succeeds In explain ing statements damaging: to defense. Abo Hummel will be placed on the stand today to Identify affidavit Mrs. Thaw denies signing. Poffa 8 Federal subtrcanury at Chicago robbed of $173, nOO one week ago today: Officials have a clew and oxpect to clear up the matter today. F&g-a a WABHINOTOIT. TTntted States supreme court decide railroad tax cases In favor fit the state, thua releasing large sum to county treas urers. Paga 1 Senator Burkett Is making a diligent fight for the nomination of T. C. MungT of Lincoln as additional federal Judge In Nebraska, and makes sumo headway. age 1 Senate passes agricultural, pension and postofflce appropriation bills. Page 3 TIouho agrees to take a final -vote on tUH MOM TV! WtO T g? 3 4 5 G 10 II 12 13 17 18 19 20 2 t 25 26 2" I ' the Llttauer substitute for the senate ship j erly been considered in any committee. The subsidy bill Friday afternoon. Pag 3 j bill which was considered by the merchant BPOBT. marine committee differed radically from American Base Ball league gives out , lhls- nrd might huve tended to Incrcaso schedule for the season and National j our merchant marine. If anything this will league announces list of umpires. 1 tPnd - decrease our shipping facilities. p, 4 I Tell mo what good It will do to ether vea Davld O. Williams will manage Sioux i B(, wnlch th,B country seeks to run be Clty base ball team. Fag-a 4 , ween thl an(1 otn8r eountrle to have a . few ahlpa receive a large subsidy from . , , . ,rT . ,hi government. What Is the result of the, Plans for civic tribute to memory of suhBl(ly bptweon thsJ coun Eur0peT Count Crelghton are annpunced Pay. M How murh nM lt Increase cur nierch;nt Majority of members of board of marme between ths an otner countrl(8? county commissioners desire passage of Avhat merchanl ve,.,. now pIy betWeen bill to provide for feeding prisoners by our rrrtl, ,,.. contract. Fag 12 Contest or comrnomlso expected In matter of will of Count Crelghton. Pag T Captain George P. Wlndhelm retires from flre department with a pension. 19 Incomplete Inventory of estate of Her. man Kountze Is filed. Page 7 Members of Commercial club Bhow In- terest In action (t former executive com- mltteea. Paga 7 A. F. Holmota, agent of the Omaha road at Florence, held pending Investigation Into death of baby born to himself and wife. . Faga 4 Burlington official, returning from north west, aays storms caused no loss of stock In Big Horn country; also that headway is maae on uncn projects. rag 3 . , p A II pv IC CYflWCDATCn DMIUtl Id uAUIlCflHICU Texaa Senate Refuses to Hear Re-port of Committee by Close Vote. AUSTIN, Tex.. Feb. 25. By a vote of 15 to' U. the Texas aenate today discharged the Investigating commission which has been In session several week. looklng Into charges against United States Senator Joseph W. Bailey, At 11 o'clock the anti-Bailey following offered a resolution instructing the commit ted not to bring In a report at tills time, I full o a iiilirmnmiUM o Bt T,,.l - i - " ' " v " . . ii'......- IK..-,,., r.il . . .. . ' - - ' ' ""u ,u I ml" " 1 " ' " ' Adherent, of en.tor Bailey promptly of- I fered 'T ? ,nvCBtl1" j comr.ilttee be discharged at once without I niaLlr.tf rcwirt and that Senator Ra dv I - ' " ! - - ocxxiu debate the aubtesolution wa. passed by a vote of 15 to 11. Mr. Bailey, friends con- tended that every member of the legisla ture, as well as the public, waa fully ac quainted with all the detail, of the evl- dence by reason of Its publication by the dally press, and senate members could not vote on the question now In an Intelligent manner. Th' ..sue of discharging the com mittee will erne up In the Louse this after- neioii or tomorrow. Somlnatloas by Prealdeat. WASHINGTON, Feb. IS. The preslJent aunt ttiA umu H a rll,a,.ln ... .v '..uw.i.g, i,Viutu,i. imu. i Collector of rwrani, Iia Angeles Cor- : ni'",1 V'l I'5nd!,?n,nrt rvm,. v heglMer of the l and Office at Cheyenne, . Wyo.-William K. Chaplan. ! Receiver of Public Moneys at Cheyenne, , Wyo. W. C. Ivming. . i-4"n i'i i- xr Annuruj-iu aj. tA. kiti-. UeOiauuu h. Tllla BIRRETT BUSY FOR HUNGER Senator Fiehti Hard for Appointment of Hu Politioal V'anacer. TUSSLE FOR NLW JJDGLSHIP IS ON milled lu Federal Court Practice uil Has Hail o Jmllelal Kiperlence. (From a Staff Correspondent.) WASHINGTON, Feb. 25. I Special Tcle KrHin. i -Today Senator Burkolt began a personal campaign for T. C. Mungc-r for additional Judge in Nebraska. Mr. Kurkctt threw ulT tlie usual reserve that Is supposed to clothe members of the upper house In a mantle of dignity and i began log rolling for his' man. He saw ! all the nieinbera of the delegation who ' eooM I,., ..., ...,.1 II., ..,,..1.. O N s JiiiuinrtiU I re He llae Xot Hern Ad n i- it uini unutuviiiiij nintir rviuiv 4S headway. The fact Is, however. Mr. 4'. . Hurkctt Is considerably wrought up over the protests that are owning from leud 44 ing members of the bar of Nebraska who 42 will practice quite as much In the south l I ern district as In the northern district. anil he realizes It Is not unanimous by any means for his former political manager. You know Manger Is more of a poll tlcian than he Is a lawyer," said a member of the delegation today, "and he really ought not to be made a Judge for life, If the Judiciary Is to be put up to the man who docs the best political work, then the Judiciary w ill be of no more value to the public than the lowest politician, anl ,or "e I ftm In favor of selecting the best lawyer and the best man for a Judicial position.' Two Principal Objection. A letter which amounts to a dignified protest against the selection of Mr. Mun ger has been sent to the Department of Justice by representatives of the Ne braska State liar association. Among some of the things charged against Mr. Munger Is that he has never been ad- mltted to the United 8tates circuit court ar"' that he has had no training on the bench. Mnny of the well-known lawyers or .NctirasKa whose names have been men tioned In connection with this office have had no Judicial experience, but all have been admitted to practice In all the fed eral courts. W. F. Gurley, John L. Webster, Ralph W. Breckenrldge, F. A. Brogan, T. J. Mn honey anl W. D. Mellugh are out In the open against the appointment of Mr. Mun ger, and Mr. Mahoney, president of the State Bar association, has asked the dele gation to defer action until the body which he represents can bo given a hearing. Renntor Burkett realizes that delays aro dangerous and he la Insistent upon imme diate action so that the nomination may come to the senate and confirmation be made before adjournment of congress next Monday. Tonight It is understood that a call has been Issued for the delegation tc meet In conference at Senator Millard's committee room Wednesday at 10 o'clock, when, if possible, Senator Burkett will endeavor to procure Munger's endorsement to the presi dent. Mr. Pollard Is In receipt of petitions from the Otoe and Ows county bar associations urging the election of Paul Jessen for the position, and these petitions, It In under stood, have been sent to Attorney General Bonaparte. Illnshaw nn Ship Subsidy. Congressman Hlnshaw was drawn unex pectedly Into the debate on the rule making the ahlp subsidy bill a continuing order to- 'day. In the course of his short spot ch Ira isald: "I am opposed to bringing In here ' at this session a bill of this imnortiince, I which. In its present form, has never nron- that subsidy? Not a single vessel. It la purely a bonus, a gift, and has not In fif teen years Increased our commerce by one single vessel. The old system 'of dlscrim nating tonnage dues worked admirably i then, and would do so now. This is no more a republican measure than would be a i tax on tonnage. Our party has declared only j for an adequate measure for rebuilding our merchant marine, and this is not such a I measure." Victor Dnlltver'a Henth. The unexpected death of Victor Dolllver j brother of Senator Dolllver. will of necea- slty call a halt In the conference of the Iowa delegation bent upon parceling out the patronage. For several weeks past the delegation has met twice a week with the ' Aeun of the delegation, Senator Allison, In tent upon arriving ut certain conclusions, but talk has been uppermost and the dele- lBl,on ,s no nrer a settlement of the I natronaee Question than It mram o l,. ... meeting, unless changes may come from the death pf one of the well known orators of the west and one of the best campaign ers In the country, Victor Dolllver. In the southern division the contest cen- ; ters between the Second and Sixth district on Marshal. Major Lacey of the Sixth la backl CTark Ottumwa for the place, whlle IMw-son la supporting E. O. McAr- ",ur of Davenport. Should the delegation fall to make a recommendation until March U "T1(1 Bm " lf Lac.v' ca ndldate had less show of selection than Dawson's can dldate, for the reason that Lacey retires ' ""' "11 ma. from congress on that date. Lacey was defeated and Dawson was elected. The . politics of the situation would seem, there- 1 fore, to be favorable to the seh ct Ion of ; McArthur. In the northern district the ' fljsht Qver attorney. ' Representative Cousins 1, backing M. 5 : Tol)ln of Vlnt0n while Judge Connor's can- ; amate la IJ. c. Chose of Webster City. It 1 1 understood the two aenatora are kindly - deposed to the candidacy of Mr. Tobln L.h, .i .. ,1 whose selection la predicted Burke Will Speak Representative Burke of South Dakota I wl" address the auxiliary of the National Indian association Friday evening. Harlan Case Affirmed. The supreme court today affirmed with costs the case of James Coffey, plalntlfT In error, against the county of Hurlan, Nebraska, being a suit of ejectment. In which Coffey sought to recover from Har lan county certain real estate claimed by . . i fh countv under sherlfT ri4 Th clslon of the United States circuit court for Nebraska was favorable to 'the county. The case originated In an effort on Cof fey's part to defeat the validity of a sale by the sheriff to reimburse the" county (Continued on Second Page.) BRYCE AT THE WHITE HOUSE w Ambassador from Great llrllaln I'lirmall) Presented to I'ren Idrnt Itnoanrlt. WASHINGTON, Feb iS.-Janir Bryce, ambassador from Kngland, was formally presented to President Koosevelt tixlny by Secrtnry Hoot. Ambassador Bryce tmulo a short address regarding his appointment m which he said King Kdward wanted the present cor dial relations between Knuhuul and the United States strengthened, Paid Mr. Bryce: No one can be more sensible than I am of the responsibility which such a commis sion Imposes, and however unequal to so great a tusk I may feel mjself to be, il shall be my constant effort to discharge It In the spirit which his majesty has Indi cated to tut and In which my three last predecessors, all distinguished men and true friends to the I nlted States, sought to I fulfill their duties. I It has been my good fortune to have been frequently In this country as a private ! traveler and Ht idenl of It Institutions, to j have been received In It with unfailing I kindness, and to have learned, not only to admire the untiring energy and the Intel- I lit tual ardor of Its Inhabitants, but also to appreclute their devotion to the cause of moral and social progress and their I passionate desire to make the lives of the people worthy of the material blessings which Providence had bestowed upon them with so bountiful a hand. 1 may perhaps be permitted to add that. In expressing my sincere resiiect for you personally. 1 am expressing the sentiments of my sovereign and of bis subjects gen erally. The president responded as follows: The excellent relations which have so long existed between the governments of the United States und of Great Britain offer a consplcnous assurance that In the fulllllmeuti of ttie important missions witli which you are charged you will find agree able the task of contributing to the main tenance nnd strcngt h"nlng of those rela tions. The responsibility which rests upon you In tins regard rests no less upon the officer of this government with whom you will have Intercourse. The nlms oi the Anglo-Saxon race, wher ever established throughout the world, are akin, and In the f iii-tlierance of the great principle of representative government and of that community of material Interests whereby the most complete stability, indi vidual development and national prosperity may be achieved. In coming among us. you but transfer your life work to new fields of practical opportunities like those for which you have labored earnestly and honorably through a useful lifetime, and I trust the continuance of your efforts In the mission to which you lire called will be as congenial to you as they are acceptable to us. For yourself, I beg to convey to your honored sovereign my cordial wishes for his personal welfare and for the prosperity of his country and people. AGE OF CONSENT BILL PAILS Adverse Heporl I Turned Dunn, but Supporter Are I nable to Secure Constitutional Majority. PIERRE. S. D Feb. 25. (Special Tele gram.) With the lieutenant governor ab sent when the senate met today, Dudley was selected us presiding officer, nnd a call of the senate was Immediately ordered. The sergeant-at-artrs rounded up one poor lone democrat, McCullen. nnd when he was hauled In ond gave his explanation an exoneration was denied by a tie vote. Hills pnSRed were Introducing the Galves ton plan of city government and providing for appeals from boards of equalization. A number of new bills were Introduced through committees, nono being of special Importance. ' ' Goodner secured t Introduction and final action of the senate on a resolution assent ing tn certain endowments for the state agricultural experiment stations, on which Immediate action was demanded to secure the funds through congress. After a tilt In tho house between Fitch and Browne an adverse report on raising the age of consent to IS years nf age was turned down and the bill placed on the calendar for action, but failed In passage for lack of a constitutional majority. Krlbs secured a demand for a report of the apportionment committee on apportion ment bills tomorrow. The principal bills passed by the house were to give county Judges committing powers as magistrates, and giving county courts Jurisdiction In criminal cases In all counties with l.0i or more population. Tho Joint Judiciary committees are at work on a bill to create two more supreme .court districts, with two new Judges, and will probably introduce their bill tomorrow ' The appropriation committees are nt work attempting to secure a Joint general bill to be presented In both houses and expect to get them In by Thursday. GAS FIRE AT SANDUSKY Thirty (ilrla Kaeape from Building; and I-acli. of Water Delay Firemen. SANDUSKY, O., Feb. 2C. Accumulated gas In the basement of the Blttner build ing, a three-story brick structure on Mar ket street. In the heart ofthe city, ex ploded with terrific force today. The ! building und the big stock of furniture of the Blttner retail store Is nn entire loss, i Thirty girls employed In Bellsteln's laun I dry, next door, were thrown Into a panic. ' Several of them fainted and had to be i carried out. No lives have been lost, ao far as known. j The flames, which the firemen are un able to combat on account tf low water pressure, are sweeping to other buildings, and the whole city square opposite tho i federal building seems doomed. FLOOD LOSSES ARE HEAVY Mammoth Ice Gorge at Vermilion Shovra So SIkus of Breaking; After Two Days of Thaw. ' VERMILION, 8. D., Feb. 25. (Special ' Telegram.) Two days' thawing makes lit tle showing on niammouth Ice 'gorges In the Missouri river. It will take two weeks' steady thaw. This apparently Is the only thing to give relief. Farmer of Norway township west of here have three feet of water over their land. Iirs Mortenson re ports a loss of sixty hogs today. Charley Depoe loses the same rumber. Thousands of cattle and hogs still remain on the bot tom farms. Much winter wheat Is ruined. The water Is spreading around James Far , go's home, South Gayvllle, fifteen miles west of here. 4 hnnee tor Hhodee Scholarship. MITCHELL, B. D.. Feb. IS. (Speclal.) i President Nicholson of Dakota Wesleyan . university today ncelved the Information ! that the three young men who took the ex amination for the Cecil Rhodes scholar slrip, all passed the examination. Aft r the examination was held It. Nicholson 1 sent the papers to Oxford, Kngland, to be i read and the young men stood well up In their markings in every instance. The young men w ho took the examination were Grge W. Norvell of Mitchell, Mathew ! Brown of Yankton and Kenneth Virgil 1 Brown of Sliaix Falls. It now devolves upon Dr. Nicholson to make a selection of one of three successful candidates for ap- liAtliiUuvul iw lbs ",'fc"Wr') TAX DECISION GRATIFYING Senator Frown Cooeratulatfd on Hia Viotor in the Case. OPENS DOOR FOR RAID ON TREASURY .. , . . a . niiir urarinK in i ,n in n-r f Denier' I ne, lint olhlna of a Stnrtllnaj Nature llrunnht Out. (From n Staff Correspondent ) LINCOLN, Feb. l. (Special Telegram.) News from Washington thnt United States Senator Norris Brown had won the suit against the Union Pacific nnd Burlington railroad, which enjoined tho collection of their taxes for the years 14. l'.nii and W,. received at the state house this afternoon was the liest new so far received by mem bers of the legislature, nnd every one who has been to the state house during the day expressed his pleasure at the out come of the suit nnd sent his congratula tions to Senator Brown, who Incidentally received many congratulatory' telegram, the first to arrive being from Victor Rose water of Omaha. The taxes enjoined amounted In all to l,iKV7,a pr,, but the first case settled, that of Jurisdiction, taxe amounting to $.T..i;7S .51 were ordered paid to the verr;l taxing districts of the state, leaving due at present from the two rail road !'M,r.5.44. There Is to be added to this sum Interest at lrt per cent per year. Just how much of the taxes will be paid Into the slate treasury cannot, or ha not yet, born accurately figured, but It Is roughly estimated the amount will be In the neighborhood of KOo.nno, together with Interest at in per cent, while the remainder of the amount will go M the various countle and school districts. Amount Due from Road. The following figure show the taxes en Joined by the two roads during the three years: BURLINGTON. $Ll.SO0.w n.4ii 4S t 447,2'..01 UNION PACIFIC 11 S 9D.12I' 42 l''" 133.M7.52 2-J!).!17.hl Total VJ06, both roads, about.. t fi77.21.fi5 3Xi,lam.(U Total $i,nfi7,ii;i.;!5 "I am, of course, gratified at the decision. though not surprised," said Senator Brown, who us attorney gen, ral of Nebraska, fought these cases through to their fin ish. "It means u great vlctorv for the state and will give for stnte purposes In taxes some JJurt.oon and for nil purposes about ll.ooo.mm. I have no extended state ment to make at this time; I think I made my statement at the right time." "I am more than pleased at this good news." said Governor Sheldon, with more show of emotion than he generally dis plays. "It Is a distinct triumph for the state and Norris Brown and the men who Btood so vallently for right and Justice." "It will have a powerful Influence upon the legislature," remarked Attorney Gen eral Thompson, who has been a legislator himself and Is able to speak of those things that Influence men In this position. Mr. Thompson was one of the lender. In framlng the new revenue law tinder which ail tins raise in taxes has come about. "It will bring forcibly to the attention of the legislators the situation In this stnte and enable them to see more clearly than ever their precise duty In dealing with matters that involve the Interests of the railrouds and the people. Some people don't believe In Jumping nn a fellow when he Is down. I don't, ordinarily, but this Is a time when we should cast that belief to the wind and beat the railrouds while we have them on tho run." Chance Ho Raid Treasury. One member of the legislature sees where lt Is not to the best Interest of the state that the decision came down Just at this time, Inasmuch as lt might result In the, members of the legislature onenlnir nn Ihn state strong box to those who want to get at the money, regardless of the Just ness of their claims, and the result might be the appropriations will not be scaled down as otherwise they might have been when, lt was not known whether the state was to get this money. The amount com ing Into the state treasury, however, Is not of sufficient proportions, one member sali, to Justify large appropriations and the appropriations will be made as though the ease had not been decided. An effort will be made to have the legis lature enact a maximum freight rate on Certain commodities regardless of the power lt gives to the commission. It has been proposed to make a rate on coal, lumber and grain, at least giving tho com mission power to reduce this rate, but not, to Increase It. There Is little doubt such bills or bill will be Introduced during the coming week and the measure will have the support of Cone of Saunders ut least. Mr. Cone has collected some mighty Interesting statistics showing the rate charged In Nebraska and then on east, the Nebraska rate fqr fifty to sixty miles being as high as the eastern rate for 500 miles. He is of the opinion the Nebraska rate should be cut to correspond to the eastern rate. He believes the proper way for this to be brought about Is for the legislature to pass a maximum freight rate law and then to give to the commis sion power to reduce it, but he U not In favor of leaving everything to the commis sion. The salary bill prepared by the finance ways and means committee appropriates a total of IWl.lNO for salaries for the blen nlum, against fl.13l.3r4) appropriated two years ngo. The decrease, however, is due to the fact that separate bills have been Introduced covering university expendi tures and this bill carries no university appropriation. i I, limber Case Resumed. The taking of testimony In the Injunc- tlon BUlt against fhe Nebraska Lumber Dealers' association was resumed before Referee Post In the supreme court rooms this afternoon and numerous witnesses summoned by the state were examined, though nothing of a startling nature was disclosed. The witnesses examined were: O. O. Snyder of O'Neill. 11. R. Helges of Spring view, A. F. Sturm of Nehuwka, S. 8. Pennell of Grafton and Peter Mclntyro of Juniata. Each of the witnesses swore , the association did not divide territory or j fix prices and, while some letters written ! by some of the witnesses to the secretary of the association were introduced, an ex , planatlon was offered for each. The tak- Ing of testimony will continue tomorrow. I Fifth l.egUlulor Stricken. ! JEFFERSON CITY, Mo., Feb. 25 -Representative Klrkpatrlck of Cedar county was I stricken with a mild case of smallHix i this morning and w is removed to the I emergency hospital. This makes tin- fifth i man connected with the house to contract I the disease. Wreck Reported In Georgia. ATLANTA, Ga.. Feb. 25. It Is reported here that a passenger train on the (ieorgla Southern & Florida railroad has been over turned south of liiudilla and Is in flames. Unudlila la about forty iitlU south of Macvu. FIERCE FIRE AT PITTSBURG Three I'emon Injnrrd and Flame llr.-ak Out After Apparently HeltiK Snppreawed. PITTSHVUG, Feb. 21.-A disastrous fin broke out In the Derby Desk Comivuiy building on Liberty street at '.' :!n o'clock today. Th- building wa a scven-tory brick structure on the north side of Liberty street, between F.lghlh and Nlnlh streets. Bnd rltrlit In the heart of the down town business section. An alarm was turned In quickly and within two minutes after tho arrival of the firemen It wa seen that fire Would cause heavy damage. Flame were shooting from the windows of every floor and It was evident the building was doomed. An alnnn, calling out the fire companies of the Second and Third dis tricts, was promptly sent In, ami within fifteen minutes a general alarm was sounded, calling out all the fire companies In the down town section. The flames quickly spread to the six story building. Nob. Mo and M7, and then to the Gtier-ltusch building. No. S13, filled with wholesale notions and toys. The three structures are now In flames and the fire nt 11 o'clock .was not under control. At 10:15 o'clock the water tower of the fire department collapsed, fell across the street, wrecking the windows of the Academy of Music and tearing down the el ctrlc wires, but no one was hi.rt During the tire one woman and two men were Injured, but not seriously. The loss will be heavy, but at this time cannot be estimated. Th" fire was under rout rol at 11 :30 o'clock. The loss will be sev ral hundred thousand dollars. At 11:55 a. m. the roof of the Seventh Avenue hotel, across tho street from the Are, Ignited and began blazing fiercely. Confusion prevailed In the hotel and ar rangements were made for gelling out all me guest and their property. The roof of the Acaib-my of Music, adjoining, was also smoking. The firemen seem to have tho flames at the Seventh Avenue hotel well In hand and the loss from w"Mr will be hnvy. The guests were all gotten out enfely. BAD LUCK FOR PRESIDENT Trnln la Delayed by Storm then Held by Wreck enr llnltl- PHILADELPHIA. Feb. 25.-The trnln to whii'h President Roosevelt's; car Is attached, arrived here at 8:20 a. m. today from New England, more than two hourB late. After a change of locomotive the train left at 8. H o'clock. The president's trip from Massachusetts was uneventful. The train was ddayed by heavy snow. BALTIMORE. Feb. 125 President Roose velt passed through Baltimore on his return to Washington at 12:r3 p. m.. Owing to an nccldent to n accommodation train In the Pennsylvania tunnel, which bb eked the tracks, the Federal express, to which Is attached the president's car, was shifted to the tracks cf the ' Baltimore g, Ohio at Bayvlew, Just east of here and the train proceeded over the naltlmoro & Ohio from this point. At Anacosta Junction near Waphlngton the train will return to the Pennsylvania tracks. WASHINGTON, Feb. 2fi. - President Roosevelt arrived at 2:16 on his trip from Massachusetts. MANY RAILS FfjR MANCHURIA JapanpHf Government Will Pay Prem Inuis for Large Order from United States. NEW YORK, Feb. 25.-A cablegram re ceived here n Saturday from the Japanese government called for the Immediate ship ment of the largest tonnage nf steel rails ever made to the fur east, n id for which a premium will be paid. Fifty thousand tons of i teel rails have been ordered from the United States Steel corporation. Tho rails will be rolled In tho Carnegie mills and will weigh sixty pounds to the yard. So anxious are the Japanese to get tho material lis soon ns possible that IliS.oO rer ton at the mills will be paid. Tho ruling quotation for domestic rails Is f"8, free on board Pittsburg. The rails will be used for laying the first sections of the extensive network of rail ways to be built In Manchuria by the Southern Manchuria Railway company. In addition to the rails all the large eon tracts for locomotives, cars, bridges, etc., will be placed in this country, negotiations now being on. STEAMER EMPIRE IS INVOLVED Mrarmrni Wants Vessel Carrying; Munition of Wnr Over hauled. WASHINGTON. Feb. 25,-Advlce re ceived by the State department today thrcugh Minister Corea of Nicaragua nre to the effect that the small sti anu r Em pire, which In the past has figured con spicuously In filibustering expeditlors, Is be ing utillaul for the transportation cf muni, tlons of war from Salvador to Honduras. Minister Corea will require this govern ment to have the steimer Newport, which l sillied from San Francisco Saturday for I Panama with 6KI cases of munitions of I war for Salvador, intercepted by the cruiser j Chicago, now at Acajutla. believing that .these supplies nie ultimately Intended for 1 Honduras. It is asserted here Hint by pre arrangement the Kmpl e will meet the New i port at sea and have the 600 cases of war material transferred. DEATH RECORD. John W. IVofford, KANSAS CITY, Feb. 25. John W. Wof ford, Judge of the criminal court, noted for his quaint philosophy, died today, aged 09 years. Ho held that a wife has a right j to "go through her husband's pockets," ! saying that when a mon married he con ferred this prerogative upon his wife, lie served with distinction In the confederate ! army in a Georglu regiment. I Malcolm Mrliirrnnn. CHICAGO. Feb. 25. -Malcolm Mcpherson, ; a well known English newspaper writer, 'died at the county hospital here today nf ' pneumonia. In 1K77 McPhcrsoti traveled through India with the present king of England. In ls2 hu came to America. Since that time he has been engaged as a special writer In most of the lurgn cities ' of the United Slates. j Mary K. Damlug, j Mrs. Mary K. D.unlng. aged 70, died Rat- urday evening at the county hospital from ; tuberculosis. She had no relatives living in i Omaha or this vicinity. The funeral will be held nt 2:30 p. m. Tuesday from the un dei taking rooms of Grant Leslie, 819 North Sixteenth street. Interment will be ut Mount Hope cemetery. Colonel John U. KoIdk. I CHICAGO, Feb. 28. Colonel John K. I Ewlng. president of the Financier, a New York publication, died at Mercy r,.-pitu here of pneumonia. Mr. Ewlng was well known am. tuj lutlueiiUiU men throughout I the country. STATE WINS TAX CASE Nrbraska Gets Drciiion from fnprema (Joint in Lone-Fenilitic Litigation. OVER THREE MILLION DOLLARS ARE OUE This Amount with Interest Must Te Paid in County Treasuries. RAILROAD ATTORNEYS NOW ADMIT DEFEAT Furlinirton and Union faoifio ire at tit End of lhir Fore. NOTHING TO DO BUT PAY OVER THE CASH Douelas County Will Got Over Serenty Three Thousand Pollars. SENATOR BROWN IS NOT SURFRISED Man Who Fnnalit Case Through as Attorney fienernl, with Ilia Snc cenr, Kxpcctrd o Other llutco inc. SUMMARY OF STATISTICS. Total taxes dne state. . $3,019,147.7 l,9Ii5,9Va.4 1,031.175. 2d V3.0430.7S eei.790.ea 444,710.78 344.391.70 140.371.34 981,585.44 From Burlington From Union Paclfio Due Iouglas county (with Interest! Total, 1904, Burlington Tendered by company Total, 1904, U. F Tendered by company Total amount In dispute.. .. The total Is arrived at by multiplying the figures for l!o4 by :t. as the levies for ach jear varied Immaterially. The Inter est Is to be computed on these amounts. (From a Staff Correspondent.) WASHINGTON, Feb. 25. (Special Tele gram.) The supreme court today decided the Nebraska tax case, so-called, coming up from the circuit court for the district of NebniKku, in favor of the statu und ugalnst the railroads, parties to the suit. Justice llolnns wrote Hie opinion. Justices McK'nna and Peckhiuu dissenting. In the opinion of the court it was decided that the Hoard of Taxation. Equalization and Assessment had the light to tax all propel ty of the railroads in the state and tax It ut its value us an organic por tion of the larger whole. "Evidently the board believed," ald Jus tice Holmes, "that the figures furnished by the roads were too favorable und In tended to keep the taxes as low as they could be kept Evidently, also, the mem bers, or some of them, used their own Judgment and their own knowledge of which they could give no very good account on cross-exainlnution, but which they had the right to use, if honest, however Inar ticulate the premises. It would seem from the testimony, as might have been expected, that the valuations fixed were compromises and were believed by some members to be too low, as they seemed to one to be too high. It Ih argued to us on expert testimony that they are too low. Tho re sult of the evidence manifests the frult lesKiicss of Inquiries which, as we have said, should not have been gone Into at all." Right to Kxerclnc Judgment. Upon the question of "arbitrariness," which was suggested in the brief of the defendant company, the Chicago, Burling ton & tjuincy. tuch as distribution of to tal value set upon the Burlington system among the different roads making lt up, the associate Justice decides the action does not appear to have been arbitrary I except In the sen.e in which many honest I und sensible Judgments) are so. "They ex press nn Intuition of experience which out runs analysis and sums up many unnamed and tangled impressions; Impression 'which lie beneath consciousness without losing their worth. Within Its Jurisdiction, ex cept In caje of fraud or dearly shown I adoption of wrong principles, lt Is the ultlnute guardian of certain rights. The state has contlde-d those rights to its pro tection and has trusted to its honor and Its capacity as It confides the protection of other social relations to courts of law. We are of the opinion that whatever grounds for uneasiness may be perceived, nothing has leen proved; clearly and pal pably as lt should be proved on principle laid down in San Diego Land and Town company against the National City, In order to warrant thee appeals to ex traordinary Jurisdiction of the circuit court." Justice Holmes after reviewing the bill to declare void the assessments of taxes mn.de. by the Nebraska Board of Equaliza tion and Assessment for the year i:4 and stating that the bills allege the board, coerced by political clamor and Its fears, arbitrarily determined In advance to add Il!.noo.m0 to tho assessment of railroad i property from previous year, doe not find ' sufficient reason for the railroad's allega , tlons. He says: "The dominant purpose I of the bills is to charge political duress, j so to speak, and a consequent scheme of fraud Illustrated by specific wrongs al leged and In that way to make out that ; the taxes were void. As the cases come : from the circuit court other questions be sides that under consideration are open, and therefore lt Is proper to state that the foundation for the bills has failed. The suggestion of political duress Is adhered to In one of the briefs filed, but It Is disposed of by the finding of the trial Judge, which there is no reason to dls- turb." ! The costs are put upon the railroads, Assessment and Tenders. I In the Burlington case the amount of tax levied under the new law for the year l!.i ! on all Its property in the state was fcxil, ! 7W.S2, In all counties w here the assessment u.ij 31, In all counties where the assessment exceeded f-'.O'iU. Tho Burlington, however, tendered for the bulk amount of taxes for that year but tt44.710.7S, which that cam. puny claimed was a fair assessment under the law of 1! 3 Similar assessments and tenders were made for the years i;J6 and yjofi. The total levy for the three yeara on I this busls, counting them rqual from year ; to year, would be tl.!S,u?2.46, and the total 'tender made by the Burlington. II. 334.13V' 31. The total levy made against the Unl .n Pacific for 1!'4 under the new law was f34 1,381. 78. und the tender made by the Un luu Pacific under the old law of lil wus f.'4S.271.34, or !'.;. Uo less thuu the levy. For the three years the under the new law n, counting each 111- suiiim. would be fl.dy, 075.!". while ihe tender made- by tho Union Pacific I but 1744. M4 02. In 1V"4 the Biirltnglon paid Douglas county under protest IVtillb;. with Interest of t&2.6. In 1J6 It uiid ti.'. li. with I,, , (crest of f33 !io. In l.'; It aJd IJ.M0. lulsi ut fl417w.tiS; which, la luw at As)