The Omaha Daily Bee
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VOL. XXXVI-NO. 223.
OMAHA, TUESDAY MORNING, MABCII 5, 1907-TWELVE PAGES.
SINGLE COPY THREE CENTS.
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END OF , CONGRESS
Annul Session Endi at Noon with the
TJiual Formtlitiei.
THANKS TO VICE PRESIDENT AND SPEAKER
V'solntion Presented in Eaoh Heme by
Leader of Minority.
SuSsiDY
SHIP
BILL IS KILLED
DemooTaU Centinne Filibuster an'
Xeaiure ii Withdrawn.
IAFOLLETTE . BILL FINALLY PASSED
Senate Agfrri to the Ciwfff""
Iteport and President Signs
Bill Shortly Before
Neon.
WASHINGTON, March 4.-Wlth a new
record for large appropriations and far
reaching legislation, the Fifty-ninth con
gress wu brought to a close shortly after
roon today. The last few hours were tame
. by comparison with what had been ex
pected. , Long- before noon Senator Gal
llnger's' fight for the passage of the ship
subsidy bill had been abandoned and the
filibuster against It conducted by Senator
' earmark being no longer necessary, he
, surrendered the floor, much to the disap
pointment of the galleries. Extreme fa
tigue, due to continued night sessions In
the house during the last week, had a
. dampening effect upon many congressmen,
and the usual excessive- "last day en
thusiasm" -was confined to less than half
the membership. .,
. President Rdooevelt. with his cabinet.
- Wlilte House staff arsl a number of guests,
Occupied the president's room In the sen
ate wing. Seated at a big table In the
center of the room he signed bills as they
' were enrolled and presented to him. On
account of the dispatch with which busi
ness has been conducted during the past
week there were only forty bills to be
signed today.
The president was at the capltol for more
than an hour. He devoted most of the
time In veiling with his cabinet, both the
retiring nnd Incoming members beng pres
ent, and presenting them to personal
friends of the senate and house. Retiring
senators were received, and without ex
ception the president expressed regret that
these lawmakers were to leave the service
, of the country. Especially warm was his
reception to Senator 'Spooner, who yester
day announced his voluntary retirement.
Prediction by President.
When the members of the committee
which waited upon him with the Informa
tion that congress was ready to adjourn
had. delivered their message, the president
: thanked them for the laws that had been
' enacted, but, he added with a smile, that
he. still had several bills that would be
heard from In the future.
Vice President Fairbanks and Speaker
(Cannon received tho thanks of the minority
")tr the Impartial manner' In which they
'Vd presided over, the deliberations of the
two houses, and both made speeches ex
pressing gratitude at the words of appre
ciation. A feature of the house session
was the presentation of a club silver serv
Ve of 300 plecoa to General Oroavenor by
his colleagues of the Fifty-ninth congress.
In addition to the songs and stories that
usually mark the close of a session the
entire house rose, waved flags and sang
"My Country "Tis of Thee" as the gavel
fell at 12:15 p. m. -
In the senate the last of the proceedings
was the speech by Vice President Fair
banks prior to adjournment at 12:13 p. m.
Light Attendance.
Both houses of congress met today at 9:30
for the last sitting of the session and of the
. Fifty-ninth congress. The attendance was
slim, both in the senate and house, and
those present showed signs of fatigue, due
to the almost continual meetings since last
Saturday morning. The house proceeded
as if the entire session was still before it,
but the senate, finding Itself without - a
quorum and with all J he absolutely neces
sary routine business disposed of, took a
recess a few minutes after assembling, and
it was at once made evident that there
Would be no further serious effort to secure
action on the ship subsidy bill or upon any
disputed measure. Senator Carmack was
. in his seat when the session began, and his
desk was piled high with a formidable
array of documents. Just as It had been
all day yesterday, showing his preparedness
to continue the fight against the considera
tion of the ship subsidy bill. He openly
declared his purpose of speaking until 13
o'clock, If necessary, but the motion for a
recess evidently was welcome news to him.
When the house was called to order there
was already . assembled In the galleries an
audience which would have been an In
spiration to oratory on almost any other
occasion. '
The crowds oontlnusd to arrive until
there was soon an overflowing from the
galleries into the corridors, and the session
bad not progressed far when the passage
ways became thronged.
There was a general nlr of relief over the
fact that all the appropriation bills had
received the finishing touches last night,
an exceptional accomplishment. The only
important measure, aside from the ship
subsidy bill, which was "In the air," as It
Were, was the La Follette railroad em
ployes' bllL
President at Capitol.
The president left the White House at
10:50 for the capltol, arriving there about
It o'clock. Before leaving the . executive
offices the Aldrich currency bill was signed
and the first measure signed after his ar
rival rat tbe capltol was the authorising of
an Immigration station at Charleston. 8. C.
The president was preceded to the capltol
by several numbers of his cabinet, and
soon after bis arrival other members came
In. Among the president's guests In the
Tiom set aside for htm in the senate wing
ft addition te the cabinet were James R.
Garfield, who will succeed Secretary of the
Interior Hitchcock, and George L. von
Meyer, who succeeds George 11. Corlelyou
as postmaster general, and several assist
ant secretaries of departments. The presi
dent was assisted In his work of perusing
pills by Secretary Leeb and other tum
bers of the White House staff.
Thirty Ulls In all were signed by the
Vrosldant at th capUol. Deluy In engross
lilt the bill limiting the hours of railway
em.loyee prevented the president front
completing Me task before noes, and it was
exactly ihrte minutes after 11 when he
alUachcd bis signature to that uieaaure.
11. K. Fuller, woo has been representing
the various railway brotherhoods at the
capital during the eonetdereiioa of this
measure, was in the room at the lime it
was signed. The president shook hands
with Mr. Fuller, remarking, "You know
gCuntlnued oo Fourth Page.)
SUMMARY OF TUE BEE
Taridar, March ft, 1WT.
1007 MARCH 1907
cue mom tv( wte fMu m t
t '5 T i 2
3 4 5 6 7 9
10 II 12 13 K 10
17 18 10 20 y 23
25 26 r v 9 30
'FORECA'' .' iEBRABKA AND
IOWA Ra. ."ueeday. Wednesday
probably ran
Temperature v "Omaha Yesterday:
Hour. eg. Hour. Deir.
t a, m '42 1 p. m 37
6 a. m 32 3 p. m 37
7 a. m 33 I p. m 37
I a. m 33 4 p. m 37
a. m... 84 6 p. m 3
10 a. m 35 p. m i
11 a. m 38 7 p. in si
II m 37 8 p. m W
p. m 36
LZOIILATTTl.
Bill to raise salaries of county attornevs
In Nebraska provokes hot fight in the
senate, but Is favorably reported from
committee of the whole. Fage 1
Burlington Informs Governor Sheldon
It will put the 2-cent fare bill into effect
Thursday. House votes down provision
to move orthopedic hospital to Omaha.
Senate appropriately observes fortieth
anniversary of admission of Nebraska as
a state. . 1
South Dakota bill providing for gov
ernment of cities on the Galveston plan
goes to governor for signature. Page 1
WABKIWOTOW.
Representative Tawney and Senator Alli
son declare end of fiscal year should see
surplus of $20,000,000 In United Mates
treasury. Page a
President gives $100 to Russian famine
relief fund and asks others to contribute.
Page 11
President creates thirty-two forest re
serves by proclamation before agricultural
bill becomes a law. Page 1
United States suprVme court upholds
the Nebraska flag law In case brought to
prevent Its use In advertising Walter
Molse ft Co.'a beer. Pags 1
Picture of the late Edward Rosewaler
hung In press gallery of the house at
Washington. Page 1
Congressman Pollard sends treasurer cf
the United States check for amount of
salary so long in question. Page 1
Senator l Allison and Representative
Tawney analyse appropriations made by
congress. Total Is over $900,000,000. and
next year's surplus Is estimated at
$20,000,000. Page 1
Fifty-ninth congress adjourned at noon
after passing the bill regulating hours of
trainmen and telegraph operators. The
ship subsidy bill was killed. Page 1
JTZBBASXA.
Three Incendiary fires In one night at
North Platte arouse citizens and effort
being' made to detect culprit. Page 3
One negro laborer shoots and kills an
other at an irrigation camp in Sioux
county. Murderer makes his escape.
Page a
XKMCXSTXO. .. .
River is low at Vermilion and explosives
may not be strong enough to break gorge.
Page 1
. Mr. Jerome finishes cross-examination
of Dr. Evans and Dr. Wagner takes the
stand. Defense In Thaw (trial will prob.
ably rest this week. Page 11
Utes at Fort Meade show excitement
upon appearance of Captain Hall from the
Uinta reservation in Utah, whom they
hate. Chief Red Cap holds powwow with
Captain Hall, who does not visit camp.
Pag-e 1
romxzow.
Former Minister Pelletin of France
denies that he is a collectivism but will
co-operate with James. Page 1
Z.OOAX.
Contracts are let tpr several new build
ings, including some for city. Page T
Omaha & Council Bluffs Street Railway
company refuses to sign contract with
union and meeting of men will be held
Thursday to consider the matter. Page 4
J. A. Sunderland, on trial before Judge
Troup In second of alleged "Coal trust"
eases. page 4
C. C. Bassett is awarded custody of eld
est son and Mrs. Bassett gets two others
by decree of Judge Redlck, Page 4
Colonel, Cody Is In Omaha on way to
prepare for opening of show In New York.
Page 18
Olga Nethereole talks of the west and
her Interest in legislation in Interests of
health. Page T
Captain R. R. Stogsdall and Lieutenant
A. L, Clark of Thirtieth Infantry at Fort
Crook plead guilty to charges of Inso
briety and are under arrest pending action
on case by Judge advocate of the army
at Washington. Page 3
PELLATAN STATES POSITION
Socialist and Rot Collectlvlst He Must
Continue to Co-Opernte
with Janrca.
LYONS. France, March 4. Ex-Mlnlster
of Marine Pellatan, In a speech to his
constituents yesterday, defined his position
as being a socialist, but not a collectlvlst,
saying that he regarded with horror the
Idea of the suppression of private property,
which would be against the interest of hu
manity. Nevertheless, he Insisted It was necessary
to co-operate with the followers of M
Jaures In order to curb capitalism and ac
complish social reforms.
Crew of Helene Reports.
DOVER. England, March 4--Elght mem
bers of the crew of the German steamer
Helene, trading between North sea ports
and Spain, .which was sunk after a colli
sion yesterday with the German steamer
Marsala, from Hamburg to the Mediter
ranean, succeeded In reaching shore In one
of their own boats. After the collision the
Helene was run ashore near Dover, but It
got off and afterward foundered, with the
loss. It was reported, of the eight men of
Its crew whose safety has been announced.
Prison Inspector Killed.
UFA. Russia. March 4. Prison Inspector
Kolbe was shot snd killed this morning by
three revolutionists in front of the door
of his residence. One of the assassins
waa raptured. eH aid that the Inspector
bad been sentenced to death by the social
revolutionists on account of his cruelty to
political prisoners.
tCaeontlon In Kew York.
OSSINING. N. T- March . Frank Fur
long, who killed hla aunt, Mrs. Margaret
KeWcr. In New York City, in 1904. waa put
to death In the electric chair In Sing Sing
prison tody. Furloug' was XI years of age,
a year older than Urorse Granger, who waa
killed la the chair ou Monday laoL
ANALYSIS OF APPROPRIATIONS
CoBvraia Provides for Expenditure of Sin
Hundred and nineteen Millions,
SURPLUS OF ABOUT TWENTY MILLIONS
Statements by Seautor Allison and
Representative Tawney Views of
the Minority In tho
Hons,
WASHINGTON, March 4. Statements
were made to the senate and house today
by Senator Allison and " Representative
Tawnrfy, chairmen, resjiectlvely, of the ap
propriations committee, and by Representa
tive Livingston, ranking minority member
of the house committee, regarding the ap
propriations of the ?KB.-n. -
The total appropriations aggregate $919.
48,67.63, of which I756.662.674.Z7 Is for the
annual expenditures for the fiscal year end
ing June 30, 1908. The balance of the grand
total Is to be used as follows: Twelve mil
lion four hundred and thirty-nine thousand
six hundred and eighty-five dollars and
thlrty-slx cents for emergencies and defi
ciencies on account of the fiscal year 19)7
and prior years; $1,000,000 for miscellaneous
objects, such as private claims and the
like authorised In special acts, and $149,996.32
for permanent annual appropriations to
meet the Interest charge on the public
debt, the requirements of the sinking fund,
expenses of collecting the revenue from
customs, redemption of national bank notes
and other purposes., 4
Surplus -of Twenty Millions,
The revenues of the government for HKS
are estimated at $860,000,000, which, it was
stated, would leave a surplus of $20,000,000,
and not a deficit, as had been predicted In
some quarters.
During the Fifty-ninth congress as a
whole it was stated that $198,000,000 had
been appropriated In excess of the total
for the Fifty-eighth congress.
Analyzing the Increased appropriations
for the year 1908 over the current fiscal
year, the total of which la given as $40,000,
000, the Increases are distributed In part
as follows:
Army $ 6.700.000
Fortification 1.800.UW
Legislative, executive. Judicial 2.4K.Oi0
Postal service 20.000.OW
Pensions 6,000.000
It was stated that while the liver and
harbor bill carried approximately $83,000,000.
the expenditure under It would be but
$27,000,000 during 1908.
The appropriation for the Panama canal
was increased over that during the Fifty
eighth congress by $69,500,000. During the
same time the postal expenses Increased
$GO.OUU,000.
Views of the Minority.
Representative Livingston, presenting the
views of the minority on the subject,
agrees as to the total, which, he says. Is
an "Increase of $40,639,494.47 over the ap
propriations made for the current fiscal
year and $57,266,192.67 over the appropria
tions for the fiscal year 1S99 made at the
first regular session of the Fifty-fifth con
gress, which covered substantially the en
tire expenses of the military and naval
establishments on account of the war with
Spain. , it
'J3normotJs''as 'are these appropriations
for tho next fiscal year, "there should' be
added to them the further sums of $-5,000,000,
on account of contracts authorised In the
naval bill for additional warships and for
which no sums whatever are yet appropri
ated, and the turn of $49,329,349 for contracts
authorised In the river and harbor appro
priation blil. In addition to the appropria
tions made in that act.
"These sums added to the session's total
apparent appropriations make the tremen
dous sum of $994,778,028.63 carried . either
in direct appropriations or authorised at
this session of congress, establishing a new
record for federal appropriations approach
ing' the prodigious sum of $1,000,000,000 for
a single session of congress.
"The highest estimates placed on the
probable revenues of the government from
all sources during the coming fiscal year
indicate that they will be at least $100,
000,000 below the appropriations and au
thorizations for expenditure chargeable to
the session of congress Just closing. The
Increase for the army over last year la
$6,718,117.67. Increase for the navy over last
year, $21,807,000, with the authorization for
two new ships. Increases for fortifications,
$1,844,000. Increase for pensions, $5,631,000.
If this military spirit and extravagance
is to continue the ways and means commit
tee had better get busy and provide a large
Increase In the revenues."
HOLDUP NEAR PITTSBURG, KAN.
Passengers on Missouri Pacl&e Train
Robbed nnd One Mnn Who
Resisted Was Killed.
PITTSBURG, Kan., March 4. The Mis
souri Pacific passenger train which left
here at 7:20 this evening, was held up by
two men in disguise, and Lou Jeff, a col
ored miner, employed at camp 31 of the
Central Coal and Coke company, was killed
because he protested, and W. L. Westlake
of Toledo, O.. who, with his wife and two
children, had been visiting relatives la
Kansas, was shot through the hand by a
stray shot that had been fired at the negro.
There were few passengers on the train
and the robbers secured only a little over
$100 In cash and a few watches and re
volvers. The men were disguised only with false
mustaches and goatees. One was a tall
man weighing between 180 and 190 and the
other weighed about 160 pounds. Both were
dark complexloned and wore dark slouch
hats and dark clotheo. They boarded the
train here at the station and began work
ing the train as It passed the Kansas City
Southern shops. They commenced at the
smoking car, and one walked ahead' with
a big 44-callber revolver In each hand and
quietly asked the passengers to "shell out"
to the man behind, who was closely follow
ing. They were, not far behind the train
auditor, and followed hint into the women's
coach. When they came to Jeff in the
women's coach he at once grasped the idea
that It was a holdup and after the auditor
bad passed him he pulled his revolver and
took a shot at the foremost robber, who
shot twice at him. The first shot went
wild and struck Westlake, but the second
struck the negro in the head and killed
him Instantly. They then quietly made
the auditor bland and deliver, and hur
riedly left the train as It entered the yards
at Cornell. Westlake, the wounded passen
ger, was taken to Liberal, where hla hand
was dressed by the local surgeon of ( the
company. As soon as communication could
be had with Agent Donohsy of this place
a switch eegine with a poese of offioere
were sent to Cornell, which Is only four
miles from here.
The country surrounding Pittsburg Is
thickly settled, snd Js dotted with scores
of villages and mining camps. It Is re
ported that the news that a miner was
killed by the bandits has spread rapidly
and that the miners ars aroused and will
make art attempt to capture and lynch the
men.
? '
STARS AND STRIPES SACRED
Vnlted States Supreme Court Estab
lishes Riant of Nebraska to
Protect Flag.
WASHINGTON, March 4-Thnt the
states may pass laws prohibiting the use
of the United States flag for advertising
purposes was declared by the supreme
court of the United States today In de
ciding the case of Nicholas V. Halter and
Henry V. Hnyward, appealed from the su
preme court of Nebraska.
Halter and Hayward are liquor dealers
In Omara, and were prosecuted under a
law of the state on the charge of selling
beer In bottles decorated with the national
colors. Thpy were fined $Ti0 each and upon
appeal to the state supreme court the ver
dict was sustained. They pleaded uncon
stitutionality of the law. Jnstlce Harlan
delivered the opinion of the court, affirmlnit
the decision of the Nebraska courts. In
the course: of his opinion Justice Harlan
upheld the riKht of the state to protect the
flag, the emblem of the nation's power
against indignities. He said that the use
of the flag as an advertisement on beer
bottle cheapens and degrades It. and the
court was unwilling to hold that legisla
tion prohibiting such a use of the natural
colors Is an abridgement of personal rights
hs contemplated by the constitution. Jus
tice Peckman dissented.
"No one."' said Justice Harlan In con
clusion, "can be said to have tha right se
cured by the constitution to use the coun
try's flag merely for purposes of merchan
dise. If every one was entitled to use It
for such purposes, then perhaps the state
could not discriminate among those who
so used It. It was for the state of Ne
braska to say how far It would go by way
of legislation for the protection of the
flag against Improper use, taking care in
such negotiation not to make undue dis
crimination against a part of its people.
It chose not to forbid the use of the flag
for the exceptional purposes above speci
fied In the statute prescribing the funda
mental condition that Its use for any other
purposes should be disconnected from any
advertisement.
"All are alike forbidden to use the flag
as an advertisement. It Is easy to be seen
how a representation of the flag may
be wholly 'disconnected from any adver
tisement' and the use upon a newspaper,
periodical, book, etc., In such way as not
to arouse a feeling of Indignation' nor of
fend the sentiment and feelings of those
who love' It. In any event the classifica
tion made by the state cannot be regarded
as unreasonable or arbitrary or as bring
ing tho statute under condemnation as
denying the equal protection of the laws.
"It would be going very far to say that
the statute In question had clearly no
reasonable connection with the common
good and was not promotive of the peace,
order and happiness of the people. Be
fore this court can hold the statute void
it must say that, and in addition, adjudge
that It violates rights secured by the legis
lation of the United States. We cannot
so say and cannot so adjudge.
' "Without further discussion we hold the
provision against the use of representa
tions of (he flag for advertising artloles of
merchandise not repugnant to the consti
tution of the United States."
TWe ' is the" "oxsc against Walter ' MoVse
tc Co. of Omaha which has been dangling
In the courtsfor several years. It hss at
tracted especial attention among Grand
Army circles.
ARGUMENT IN ADAMS CASE
Attorney Snya Drfcndnnt Is Only
Pnwn In Game Between Oper
ntors and Miners.
WALLACE, Ida.. March 4 "Steve Adams
Is only a pawn In the great game that la
being played. The prosecutors In this case
do not believe Adams Is guilty. They never
did believe It."
So declared Attorney E. F. Richardson
today In his plea to the Jury to acquit
Steve Adams of the crime of killing Fred
Tyler. He based his plea on the theory
that the state is only making use of Adams
for the purpose of convicting others-that
this trial Is but a minor Issue In the great
fight between the Mine Owners' association
and the Western Federation of Miners.
A feature of Judge Richardson's address
this morning waa his severe denunciation
of detectives In general, and the Plnkerton
agency, as represented by McPartland, In
particular. ,
"The Plnkerton detective agency," he de
clared, "Is not an organization that is
known to the law. It Is a private Interest,
working for private ends, or perhaps obey
ing the behest of someone holding private
position, who employs It."
Judge Richardson denounced the methods
used by McPartland in obtaining the con
fession by working on Adams' feelings and
affection for his wife and baby.
Clarence Darrow next spoke for the de
fense. He said:
The state of Idaho never prosecuted a
man as they sre prosecuting this poor, un
important laborer. They have gone to the
capltol and employed the greatest lawyer
there Is in Idaho, and months of the time
of the greatest detectives of the west have
been given to bring him to the gallows.
They are simply gambling with the life of
Steve Adams; not that his life will be
taken, they do not value that more thun
they value that of a fly.
Mr. Darrow argued that the real, purpose
of the prosecution was to prepare the way
for the real struggle, when Moyer, Hay
wood and Pettlbone would be put on trial
In an effort to destroy them and the West
ern Federation of Miners. He said that
It was unfair on the part of the state to
make Adams the scapegoat for a crime
for which probably every settler In the dis
trict was to blame. No notice had been
taken of the death of either Tyler or Boule
until a great many had been killed In south
ern Idaho when the remains of Tyler had
been dug up with the object of Implicating
the Western Federation of Miners.
Mr. Darrow took up the confession point
by point and endeavored to trace tbe hand
of Detective McPartland all through the
answers and corrections and sought to show
bow it was given under fear of death on
one hand and hope of quiet farm life on the
other. He said the Western Federation
of Miners had been referred to all through
the confession with the sole purpose. of
implicating them, and dwelt sarcastically
on Adams' entertainment of Gooding, Haw
ley, Borah, Whitney, McPartland and Thlel
while keeping house In the Boise peniten
tiary. He referred at length to McPurt
land's and Thiel's connection with labor
unions, how they had been admitted Into
and had betrayed those bodies, saying thut
It was impossible that a man who could
lie under these circumstances could tell
the whole truth from the witness stand.
Blasting; Powder Injures Woasnn.
KANSAS CI XT. March 1 Twenty cakes
Of blasting powder sxploded today at a
grading camp at Twenty-fourth and Or.
villa streets. In ths outskirts of Kansas
City, on the Kansas City Outer Belt Line
railway, with such force that it broke win
dow panes within a radius of twenty-five
miles. Hut one person, a woman, waa In
Jurd. She mas not fatally hurt. The dam.
age at the scene of the explosion was
slight.
HONOR FOUNDER OF THE BEE
Piotmt of Lata Edward Roaowater Hone in
Pren Gallery of Hanie.
nssnnVannaBB
LINED UP WITH DISTINGUISHED COMPANY
Cona-reasman Pollard Sends to Treas
urer of the Vnlted States Check
Dispute.
(From a Staff Correspondent.)
WASHINGTON, March 4. (Special Tele
gram.) In the house press gallery was
hung today a striking likeness of Edward
Rosewater, founder of The Omaha Wee.
The picture has been placed among a note
worthy group of editors and publishers of
great newspapers. Next to the picture of
Mr. Rosewater Is that of Joseph Pulitzer
of the New York World. Next to Mr.
Pulitzer's picture hangs that of W. W.
Armstrong of the Cleveland Plain Dealer,
and near by Is that of General Felix Angus
of the Baltimore American, and on the Inst
of the line Is that of Samuel H. Kauffman
of the Washington Evening Star. On the
lino above the picture of Mr. Rosewater are
those of Henry W. Grady and Clark Howell
of the Atlanta Constitution.
It Is Interesting to note that In connection
with the hanging of Mr. Rosewater's
picture on the closing day of the Fifty
ninth congress, the body which went out
today enacted legislation for which Mr.
Rosewater stood and with voice and pen
urged upon them to enact, enlarging the
powers of the Interstate Commerce com
mission and fixing rates of railroads en
gaged in Interstate business.
The picture was generally commented
upon, especially by men In the press gal
lery who knew Mr. Rosewater, as being a
speaking likeness of a man who had stood
for ptinicples and men during his busy
newspaper career.
Pollard Puts It Buck.
Mr. Pollard this morning mailed a check
to the treasurer of the United States for
the amount of salary as member of con
gress which had been In dispute and made
much of during the last congressional cam
paign In Nebraska. Feeling that Inasmuch
as there-, was still some doubt as to his
right to the money which was paid him
by the sergeant-at-arms covering the period
from the time of the retirement of Senator
Burkett and Pollard's election, he felt that
he did not care to retain It, and after a
conference with Mr. Treat, treasurer of
the United States, wherein he asked
whether the treasurer could receive the
amount of the salary In dispute, and being
answered In the affirmative he decided upon
the course taken today.
Gamble Evens Up,
Senator Gamble somewhat evened up mat
ters Insomuch as It relates to Senator Kitt
r edge's objection to James Elliott, Gam
ble's personal friend, nominated to suc
ceed himself as United States district at
torney, when today, he defeated the con
firmation of the following postmasters In
South Dakota: Deadwood, Archibald Shaw;
Mitchell, H. L. Brae; Chamberlain, Thomas
A. Stevens: Millbank, W. , W. Downey;
Redfield, Thomas A. ' CnTisman; Plat.
George H. Henry, and Edgemont, Harry
Goddard.
Minor Matters at Capital.
The secretary of the treasurer has se
lected a site for the publlo building at
Columbus, Neb., located at the southwest
corner of Fourteenth and North streets,
price $6,000. owned by Hugh Hughes.
E. J. Helner of Aurora was ip Washing
ton today watching the closing hours of
congress.
Postmasters appointed: Iowa, Abingdon,
Jefferson county, Mary W. Best vice W.
W. Knox, removed; Tieonlc, Monona
county, Albert L. Baker vice E. E. Barber,
resigned. South Dakota. Wheeler, Charles
Mix county, Carroll P. Rouse vice E. j"i
Walz, resigned. Wyoming, Baggs, Carbon
county, Charles B. Boyce vice Robert
Turner, resigned.
TWO CHANGES IK THE CABlSET
Secretary Shnw Retiree nnd Is Suc-
eecded by Mr. Oortelyou.
WASHINGTON, March 4.-George Bruce
Cortelyou today relinquished the postmas
ter ' general's portfolio to George Von L.
Meyer, formerly United Btates ambassador
to Russia. After the oath had been ad
ministered to the new postmaster general,
Mr. Cortelyou Introduced him to the va
rious chiefs of departments.
Soon thereafter Mr. Cortelyou was sworn
In as secretary of the treasury, succeeding
Leslie M. Shaw, who goes to New York
to' become president of a trust company.
After the close of the Treasury depart
ment this afternoon, some twenty-five of
the high offirluls of the department called
on the retiring secretary, Mr. Shaw, and
presented to him a large mahogany case
containing two dozen handsome sliver
service table plates, on the back of which
were engraved these words:
Presented to the Hon. Leslie M. Shaw,
formerly secretary of the treasury, by
some associated with him In official work,
In pleasant memory of a friendship which
enriches the donors, March 4, 1907.
Mr. Yerkes, the commissioner of Internal
revenue, made the presentation speech. Mr.
Shaw In his response showed he waa deeply
moved by this evidence of the universal
regard In which l)e Is held and spoke feel
ingly of the close relationship that had ex
isted between him and all classes of work
ers In the Treasury department during his
terra.
James R. Garfield of Ohio, who relin
quished today the office of commissioner
of corporations, tomorrow, will succeed
Ethan Allen Hitchcock of Missouri as sec
retary of the Interior. Mr. Garfield and
the retiring secretary, Mr. Hitchcock, In
formally received the bureau of division
chiefs of the Interior department this
afternoon in the secretary's office, Mr.
Hitchcock to take leave of and Mr. Gar
field to tneet them.
Telearraphera' Hours Fixed.
WASHINGTON, March 4. The senate to
day agreed to the conference report on the
hill limiting the hours of railway employes
as agreed upon by the conferees last night.
The house also agreed to the conferees'
report and In both houses the adoption wsa
practically by unanimous vote. Tbe agree
ment limits the dally service of railway
telegraphers to nine hours, with a provision
that the requirement may be extended as to
any particular cases when a proper showing
Is made to the Interstate Commerce com
mission. Kew Conao Company Manager.
BRUSSELS, March 4. At a meeting of
the Congo company, March 15, the Congo
authorities will propose that R. Dorsey
Mohun, ex-oonsular agent at Boma, Congo
Independent State, be appointed African
manager of the company. It Is expected
that the representatives of tbe company
In the United States will agree to Mr.
Mobun'a appmsasisFl
"GALVESTON" BILL IS PASSED
Measure Provldlna: for Government of
Cities hy Commission Goes to
Governor Crawford.
PIERRE, p. D., March 4.-8peelal -r.
gram.) The house today passed the senate
bill providing fur the government of cities
on the Galveston plan and It now goes to
the governor for his signature.
An effort to amend the Interest rate bill
to cut from Its application sums of $50 nnd
under failed, and the house bill reducing
the contract rate to 10 per cent was pushed
through.
The senate bill to fix tenure of office for
appointees of the state charitable nnd penal
Institutions went down with but forty votes
In Its favor. The same bill had been killed
as a house bill several weeks ngo, and the
members evidently had not changed their
minds In regard to It.
Senate bill 26S, which wns brought for
ward Saturday s a substitute for the house
telephone bill 270, came up for action and
on motion of Stmonson went over until
Wednesday, to find . what disposition the
senate makes of 270.
The house passed a number of small ap
propriation bills and the one appropriating
$58,000 for the Spearflsh normal. '
The house, by action of committee report,
killed the senate bill to allow road ma
chinery to be purchased on petition Instead
of by vote of the people and passed bills
to protect quail for five years and musk
rats during the summer season.
The senate passed Its general appropria
tion bill after defeating an effort to Increase
the amount fixed for the Soldiers' home.
It killed the general game bill, cutting the
house farmers out of the privilege of going
after It, as they hoped to do.
The house, bill to make the office of su
preme court clerk a salaried position was
passe.d by the senate without a single op
posing vote.
ENGINEER FAILS TO ARRIVE
Vermilion People Fear thnt Ex
plosives Will Not Brcnk Ice
Gorge In River.
VERMILION, 8. D.. March 4. (Special
Telegram.) Engineer DeWltte, ordered by
the government to report fiere to Inspect
the Ice gorge with a view to breaking it,
failed to arrive today and there will be no
inspection before tomorrow. University en
gineer students offer their services to assist
In blowing out the gorge.
The Missouri channel has opened a space
under the gorge, but It Is small and with
out sufficient force to weaken the blockade.
The Missouri is the lowest today it has
been for "years. It Is not believed that
dynamite or blasting powder can relieve
the situation owing to the length and width
of the gorge.
HOMESTEADER BIBNGD TO DEATH
Wife Rolls Him In Snow, but Is Too
Ijite to Snvc His Life.
PTERRE, S. D., March 4."-iSpecla! Tele
gram.) Andrew Lien, a homesteader In the
southeast part of this county, was burned
to death last night In attempting to light
a fire with gasoline. Ho was burned to a
crisp and the house destroyed.
His wife managed to pull him out of the
building and rolled him Into a snow bank,
after which she mounted a horse and rode
to a neighbor for help, but Lien was dead
before she could secure help and return.
Mrs. Lien was badly burned In her at
tempts to assist her husband, but It Is not
thought her burns will result fatally.
HARRIMAN SEES COMMISSION
L'nlon Pnclllc Magnate Discusses
,- Question of Railway Equipment
nnd Traffic.
WASHINGTON. March 4.-E. H. Harrl
man spent some time In the offices of the
Interstate Commerce commission todnv.
The visit was Informal, and a variety of
topics were touched upon during Mr. Harti
nian's talk with the commissioners. There
was some talk about the repair' of the
break In the Colorado river, which Mr.
Haniman explained to the commission, re
ferring particularly to the prompt manner
In which the work had been done by the
Southern Pacific
Questions of equipments for railroads
furnished an Interesting topic. Mr. Harrl
man expressed a preference for the larger
steel car with a capacity of 100,000 pounds
In place of smaller cars and especially those
of wooden construction, which In his opin
ion must be relegated to the background.
Mr. Harriman also Inclined to the opinion
that there gradually would be an Increase
In the use of electricity In railway trans
portation and told the commissioners he
thought the adoption of a six-foot gauge
for the railroads would have been much
better -than the four feet eight and a half
Inert standard gauge.
' The commission has set for April 4 the
arguments on the testimony taken at the
Harriman hearing In New York last wetk.
UTES IN POWWOW WITH HALL
OIHcer from I tan Snld to Be t apop
nlnr with Indians Seeks to Induce
Theni to Return.
STURGIS, B. D.. March 4. (Special
Telegram.) More excitement Is reported
from the Ute Indian camp near Fort
Meade. Captain Hall baa arrived from
the I'nlta reservation In Utah for the
purpose of holding a pow-wow to Induce
the Utes here to return to Utah. When
the Utes heard that Hall was coming
they became greatly excited. Chief Appuh
Is said to have sent word to Hall to hold
the pow-wow at Fort Meade, and not to
come to the carop, fearing trouble if the
young bucks saw him. The pow-wow was
accordingly held at Fort Meade, only a
few ' chiefs attending. The outcome haw
not been made known. According to all
reports. Hall Is very unpopular with the
Utes.
VERDICT IN WRECK CASE
President nnd Directors of Xw York
Centrnl Held for Smoshap Re.
enltlnsf In Many Deaths.
NEW YORK, March 4. -The Jury tn the
coroner's Inquest into the New York Central
wreck In the Bronx on February 16, when
twenty-three persons were killed, brought
In a verdict tonight holding the operating
and construction departments of the road
responsible. The coroner endeavored to get
a recommendation as to Individuals, but
did not succeed. He then declared he would
hold tho entire board of directors and the
president of the New York Central and
parole them until 10 o'clock tomorrow morn
ing. Davis fuse Began.
CHICAGO. March 4. The trial of Will J.
Davis on the charge of manslaughter ou
account of the fatal results of the fire in
the Iroquois theater in Chicago, 19ul, brgun
in the circuit court today. Considerable
truuble waa experieuueU lu gtuuij Jarwra.
RIDE FOR TWO CENTS
Enrlincton Annouaeoi it Wiil Fnt tbe New
Law Into Effect Promptly.
RUMOR OTHERS ARE TO FOLLOW SUIT
GoTernor Sheldon in All Probability Will
Ein the Ifeame.
NECESSARY TO VALIDATE EMERGENCY
Eonse Votee Town Provision to Mote
Orthopedio Hospital to Omaha.
essasanmsBhaai
COMMISSION TO PROBE CAR SHORTAGE
Sultnble Memnrlnl Presented In the ,
Scnnte on Occasion of the
State's Fortieth Annl
ersnry, (From a Staff Correspondent.)
LINCOLN. March 4. (Special.) The
Burlington railroad will accept the -cent
rate bill and put the $-eent rate Into ef
fect without attempting to contest the bill
which Is about to become a law. Quacken
bush of Nemaha county announced ths
fsct In the house this nfternoon bv saying
Secretary Allen had told him a message
had been received to that effect. The Lin
coln agent of the Burlington announced
he had received the message from General
Passenger Agent Wakeley.
Governor Sheldon this evening received
official notice from the Burlington Rail
road company that It will accept the 2-cent
fare, law without resistance and revise Its
passenger rates accordingly In Nebraska
to tske effect Thursday morning next. It
was stated during the day thnt the North
western snd Missouri Pacific companies
will not resist the new law, but agents of
those roads would not confirm the report.
Governor Mny Slarn Bill.
The 2-cent passenger rate bill likely will
be signed by Governor Sheldon before the
five days are up, when It would become
a law without this action. The governor
Is constrained to take this action because
a question has been raised as to the le
gality of the measure without his approval.
The bill carries the emergency clause to
take effect Immediately after Its passage
"and approval." Some attorneys hold un
less the governor approves the measure the
emergency clause may be stricken off. If
there exists the least doubt about this
the governor will sign the bill. When the
emergency clause was attached to the
menture it was stated by seme that If It
passed In thnt shape the governor would
sign It. Rather than disappoint these men,
though It does not accord with his own
opinion In the matter, and rather ths n "
place the legality of the measure at stake,
the governor may decide to change from
his announced position to allow the bill '
to become a law without any action oa
hla part.
If a Hospital for Omnhn.
" The orthopedic hospital, which was es
tablished two years ago at Lincoln as an
experiment, will not be removed to Omaha
this year. The house went on record this
morning as being emphatically opposed to
such a move and Lancaster county can
thank McMullen of Gage, Graft and E. W.
Brown principally for keeping the Insti
tution here. Clarke and Dodge and the
rest of the Douglas delegation were for
the removal naturally, but they could not
compete with the slanderous statements
made by the Lincoln papers regarding the
proposed removal and they were not able
to remove the seed of prejudice sowed by
these fake sheets, against the big city.
McMullen made a speech in favor of let
ting the hospital remain In Lincoln,, in
which he asked Dodge If It were true tho
Omaha doctors wanted the hospital so the ;
students could operate upon the unfortu
nate children who became Inmates. This
Is the charge the Lincoln papers have been
making from day to day. Dodge answered
that such was not the case and Clarke
supplemented the answer by saying If tha
students of the Omaha medical college:
could witness the operations the whole state
would be benefited thereby. The bill was
reported for Indefinite postponement by
the committee and Clarke asked that It
be sent back to the committee for amend
ment. Graff In his talk took Dodge to task
and accused him of not being In his seat
and not appearing at the proper time be- i
fore the committee for a discussion of (ho
bill. The house by an overwhelming vote
Indefinitely postponed the bill.
Amending: Revenue- Law.
All of the bills relating to the election
of precinct assessors were placed on gen
eral file. These bills promise to stir up -a
general fight with most of the fuslonlste .
fighting for them and some republicans will
Join with the pops. Dodge tried to get tho -bills
Indefinitely postponed this morning,
but waa unsuccessful. One member be
lieves the very life of the new revenue law
Is in the election of the county assessor ,
and the appointment of the precinct asses
sors. Under the old revenue law the pre
cinct assessors were elected and according
to the old members who Investigated the,
old system was never satisfactory.
H. R. 876. by Klllen, providing a man
cannot assign his salary for more than
twenty days In advance of earning the
same, was Indefinitely postponed by the
Judiciary committee and later resurrected
on motion of Klllen. who was assisted ably
by Walsh of Douglas. The bill Is almel
at the chattel loan agents. E. P. Brown
of Lancaster was for killing it because
he said it would work a hardship. In that
it would prevent a man from borrowing
money on hla salary no matter how muck '
he needed It. Walsh told the house of the
way the loan sharks hung around the city
hall and court house In Omaha and mud
their proffers to the clerks and appointees,
who soon were in the power of the money
changers.
Invcstlrntlon of Car Shortagre.
The railway commission, though It has no
stamps or salary, has been Instructed to
get busy and look up the question of a
shortage of cars and remedy the evil at
once. The house did it this afternoon
through, the adoption of a resolution by
Richardson of Frontier county, as follows:
! Whereas, There Is a crying demand and
I an imper ative need for more cars to move
- the grain of this state; therefore be It
Resolved, That the State Railroad com
! mission be requested to Investigate the
. shortage of cars that haa existed In this
I state for months, and that said commis
sion is empowered to take any evidence
, It may require and may send for persons
' and papers and do anything It dt-ems best
te aseettaln why cars cannot be furnished
; to meet the wants of the people of the
slate.
The house will go to work hereafter At
$ o'clock In the morning and at 1:30 In the
afternoon. This gives an hour more time
in the morning and thirty minutes more in
the afternoon. It came about when Hart
of York moved to hold night meetings Mon
day, Tuesday and Thursday nights. Dedge
moved that the day sessions tx-gln ajl
and Clarke put in an amendment tyf iLa
