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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 6, 1907)
The Omaha Daily Bee VOL. XXXVI-NO. 224. OMAHA, WEDNESDAY MORNING, MARCH 6, 1907-TEN PAGES. SINGLE COPY THREE CENTS. FIFTY YEARS A CITY Omaha City Cornell Fittingly Obumi Its temi-CrntenniaL ONE MEMBER OF, FIRST BODY PRESENT if uierk woo neooraea w rrooaeainca aim Amoni tha Guesta. MINUTES OF THE OLD SESSION ARE READ Ir. Geortrs L 'Killer, Iiaao Hawaii and . Other Dearer Addrenea. COMPARISONS OF PAST AND PRESENT ilir Baslness-of the Coaaell la Suspended aa Old and Toitf t Ideal Join la General Jabllcc. Th first fitly year of Omaha' reg ular city government wu fittingly marked last evening In th council chamber, 1 Where, exercises commemorative of the oc caslon wers given. Tha on striking fea ture of tha celebration was the prer' oe of Captain Charle H. Downs, tr aurvlvlng member of Omaha'a-' . council, and James W. Van first city recorder. These two vk VV men occupied teats on the platform Mayor Dahlman and President Johi. of the oouncll. Last evening was t. first time Captain Downs had been dowi. town for three years. A carriage was sent for him last evening and he was brought to the city hall In the company of his daughter, Anns. Captain Downs was 88 years of age February 14 and claims to be the first white man to sleep In Omaha, He was on the program for a talk and he did his best and made a few remarks which were thoroughly ap preciated. In view of the circumstances. The council chamber was neatly dec orated with flags and bunting for tha cccaalon. The attendance was largely of the old timers who caught the Inspiration of the hour. Mingling with the old guard were present day city officials and visitors from Council Bluffs and South Omaha. The program extended to along aTter , the eleventh hour. Inasmuch as last evening was the reg ular evening for th council meeting the members took an adjournment to this evening, when the weekly council meeting will be held. Proceedings of First Coanell Meeting. Mayor Dahlman presided and opened the program with a hort talk. In which he aid the meeting had been gotten up to honor th memory of those who founded the city government, and those who kept City. Clerk Butler, who read from the original book an account of the proceed ings of tha first council meeting held in a building on Farnan street, between Eleventh and Twelfth, on tha afternoon of Thursday, March I. 1SB. Captain Downe J." followed, with hi brief remarks.'" "",'.".''.' V, Jama W. Van Nostrand. th first city clerk, or "recorder," gave evidence of a remarkable memory for a man In his TTth year of life. He gave brief biographical ketches of the men forming the first city government and. although he arose from a sick bed to attend last evening' meeting, stood up splendidly under the task at hand. In the early days Mr. Van Naatrand was clerk or secretary on nearly every oc casion of any public nature. . He was at tended by his wife last evening. Mayor Dahlman offered a tender tribute In referring to Dr. George L. Miller, who was next in order on the program. "HI title la a clear the sunlight and hi life of more than fifty years in Omaha Is one to be proud of. He Is honored by very man, woman and child In Omaha," th mayor said. In formally introducing Dr. Miller. Mr. Miller became effected while recalling the early day events and those who wrought' with hand and brain (or the advancement of Omaha. Flfty-twa Tears ta Omaha. ' "I have been deeply touched by th Mayor' kind words," th doctor fold. In lus remarks which followed he said "There is honor for all th old-timer. ' am here tonight to thank the Almighty for having spared me these fifty-two years In Omaha to witness the wonderful growth of our town. We are making history by honoring the memory of the pioneer to night. To show bow Omaha's growth siar paased even th most sanguine hopes of the men who first came here. I might re let an Incident which happened when Mr Foppleton and I were sitting on a cotton wood log In the by-gone dsys. Mr. Pop pi (Hon ventured to predict that I would live to see Omaha have a population of at leant 3,000. Then and there we agreed to stay here, he to practice law and I medi cine, although at the time there were only Indian to practice on. In thoae days a man with $30,000 was rated as a Croesus Dr. Miller during his Interesting talk related numerous early day incidents and book Captain Downs and Mr. Van Nos trand by the hand in a way that brought a solemn hush over th gathering. Boa af First Mayor Talks. ' Frederick B. Low, son of th first mayor of Omaha, Jesse Lowe, made a brief ac knowledgement to a request that he speak Judge George W. Doana, sol survivor of tb council of ists. recalled opposition made by the Omaha Hera'd when he was in the council. I. 8. Hascall, with a rather en thustaatlc disregard for time limit, spoke on a range of subject as long as th Missouri river. He said ther was no place Ilk Omaha. He advocated th establish tnent of woolen and paper mills and Cement factories, as well as the damming of the Pig Papplo. He thought the city council hould have complete charge of all city affairs, thus doing away with boards. He humorously referred to on of th first ty ordinances, that of prohibiting hogs l&jiiniiur at large, by saying that today such Jkn ordinance would not be necessary, as the city has a mayor who can go out and rope the best truant hog that ever emitted suueaL When he saw Unci Joe Red man warming up for the next number. Judge Hasoall took his cue and relinquished th floor after speaking nearly an hour and apologising for not having said any thing, t Unci Jo Redman suggested that the nam of Bliteenth street be changed to soma dignified name. W. T. Canada, Sher look Holme for th Union Pacific, said be cam to Omaha forty-one year ago to th day from Kentucky. W. I. Kierated offered aom food for thought on th need of cltlaana supporting their city officials and of the things officials have to contend with In the discharge of their duties. Councilman Jeff W. Bedford responded ' lCoaiinu on ttecood Pagf' SUMMARY OF THE BEE Wttntidar, Mareh , 10OT. 1907 MARCH 1907 us woa rut wt o ta bat T 3? 7 12 3 4 5 0 7 .8 9 10 II 12 13 14 15 10 17 18 10 20 21 22 23 y3, 25 20 27 28 29 30 Til VIATB1B. FORECAST FOR . NEBRASKA Fair Wednesday. Thursday ruin. FORECAST FOR IOWA Fair Wednes. day. Thursday Increasing cloudiness and warmer; rain or mow tn west portion. Temperature at Omaha yesterday Hour. Deg. Hour. Dear. 1 p. m 87 1 p. m S 3 p. m 41 4 p. m 42 6 p. m 40 p. m 8t 7 p. m 87 8 p. m 85 t p. ra 83 6 a. m. 6 a. m. 7 a. m. II a. m. 9 a. m. 10 a. m. U a. m. 11 m.... .... to .... 83 .... 23 .... 81 .... 33 .... 84 .... 85 .... 36 SVZQXSLA.TXVB. Nebraska senate place house anti-pass bill on general file without formality or referring it to a committee. Fag Nebraska house in committee of the whole recommends th railway commis sion bill for passage. Fuslonlsts show their hand as friends of railroads In all measures but the 2 cent fare MIL Page 1 Claims committee of the Nebraska leg Mure asked to pay attorney for de ng libel suit against Mr. L. W: - in. Lee Herdlnan also comes up 000 bill for clerk hire, while he supreme court. Pag 1 . HXBKASXA. votes bonds for tho re- v . " votes bonds cot. ,n of it electrto lignti plant. v Fag Hosmer H. Hervdee, former county Judge of Saline county, I on trial at Wllbcr charged with embezzlement of $3,385 be longing to estate of a deceased hermit. Fag S DOMESTIC. Soldier will guard court at Jackson Ky., during trial of Judge Hargls. Pag X Sensational tilt between District At torney Jerome and Judge Fitzgerald over law point in Thaw case. Court rules that only questions at issue is mental con dition of Thaw the night he killed White. Pag 1 Liquidation In stock market causes general loss In values ranging from two to eighteen points. Pag 3 Editor Smith of Missouri Valley, threatened by Worth Brundlge, who took offense at newspaper's reference to his brother-in-law, ' shoots and dangerously wounds Bdundlge. . Pag 1 WASKXsTOTOsT. Iowa delegation agree to recommend Temple of Osceola. for district attorney southern Iowa, Clark. of Ottamwa and Ed Knott of Waverly for marshals. No agree ment yet on attorney Cor northern dls trict. Paff 1 W. R. Richard Is succeeded by Judge Ballinger of Washington as commissioner of the general land office. H Pag 1 . ... spoavr. - -v..-.- .- President .CNWUt Of Western' league reiterate statement Topeka has been awarded to that league by agreement reached at Buffalo. . Owing to a difference over salary. George Stone, the champion batsman of the American league, has not signed his contract for this year and did not re port when the train started for the train ing trip. . Pag Edward Gardner, amateur billiard champion, defeat Charles P. Conklin 300 to 288. Pag Farmer Bum win two out of three falls from Jim Parr, the English cham pion. Parr ha more speed and greater strength, but the daughty Farmer has the greater endurance. . - Pag S X.OOAX. Street car employe to vote Thursday on question of strike. Pag W. J. Connell declares In "coal trust" suit that the dealers association waa organized for the benefit of consumers; Jury is drawn and case proceeds. Pag 5 Keystone stock farm near Benson has been sold to syndicate and will be divided into acre lots for sale. ' Pag 8 Board of trustees of Methodist hospital association meet and hear reports. Fag S Isaac S. Hascall, former councilman and pioneer, 1 to wed a New York woman. Page 10 Session of city council devoted to cele bration of fiftieth anniversary of meeting of the first council. Speeches made by one of member and clerk of that body and number of aged residents. Pag 1 Burlington and Union Pacific and other railroads ar preparing to comply with the I-cent fare law whan It becomes ef fective Thursday, but thy reserve the light to contest It tn th courts should it be deemed advisable later. 'a 10 rurajrcLix. ajtd oonmoiu. Omaha live stock market, Pag T Omaha grain market. Pag T Omaha general market. ' Pag T New York slocks and bonds. Pag T Arc You Worth More Money? Xst weak a was clerking la eartaia aaaa a ator at a mall alary. Xe answered th ad v or Use meat printed below, which appeared la Th Be aud se cure th position. lno that time h ha not mad less than tea dollar a day. SALESMAN WANTED To travel in surrounding tatea; knowledge of our buauuu not necessary; position per manent, with good income; reference required. ddrw N 70, lice office. () I112x Lot of oypoztaatW lik thl appeaa on Tha Be want ad pag every day. Ini year sye opa aa4 yon will aooa and a laeratlv po sition to yea lis tag. Other na th "aitaatioa 'Wanted" olaaaiaoatUa to get la tones, with am ploy. U'l a good wiy, too. 17 HI JEROME AND JUDGE CLASH Sensational Soana Precipitated in tha Trial of Harry Thaw. ATTORNEY PRACTICALLY DEFIES COURT Asked ta Cite Aathorltle Saport Statement of the Law mm Flatly Refae ta Do Bo, Saylag They Ar Too Elemental. NEW YORK, March 6. Interest aroused In today's session of the trial of Harry K. Thaw by the arrnouncomeut that Mrs. William Thaw, mother of the defendant, would take the witness stand, waa quickly dulled by the continued cros examination of Dr. Charlea O. Wagner, one of the alienists for the defense, by District At torney Jerome. Dr. Wagner wa on the stand all day and when adjournment was announced the district attorney seemed to have much ground yet to cover with the expert. Mrs. Thaw wa present In the witness room today waiting to be called, but she may not be reached until late tomorrow or Thursday morning. While decidedly dull in th matter of testimony, today's session was made notable by a clash between Dis trict Attorney Jerome and Justice Fltsger ald, at the climax of which the prosecut ing officer refused point blank to cite to the court ' tho authorities upon which he was predicating an argument. Mr. Jerome waa requested by the presiding Judge to submit to him whatever authorities he had upon the subject. 1 have uch a high respect for the court of thl Jurisdiction," retorted Mr. Jerome, "that I will not submit authorities on a question of law which is o elemental In character and upon which the authorities are so abundant that I must presume the learned court knows of them." . Rating for Defensa. With flushed face and sharp rap of his gavel. Justice Fltagerald said if the dis trict attorney did not submit the authori ties the court would assume that he did not know of any. Mr. Jerome did not sub mit the authorities and Justlc Fitzgerald rul In favor of theydefens on the point at Issue, which was the question as to whether the state on cross examination should bo -allowed to go further with an expert witnesa than counsel for the de fense wa allowed to go upon direct ex amination. District Attorney Jerome was as defiant In his tone as he wa in the words he ut tered. Justice Fitzgerald rapped several times with his gavel, twisted about lm patiently In his chair and It waa plainly with much effort that he retained hi Judi cial composure. Th Incident began with an objection In terposed by 'Mr. Del mas to a question asked Dr. Wagner by Mr. Jerome. The district attorney wanted the witness to repeat cer tain conversations he had had with Thaw in the Tombs. ' Mr. Delmas protested that he had not been allowed to go Into these conversations en direct examination. - He wa proceeding at some length to state the position of the defense when Mr. Je rome interrupted with the remark that the argument dlL not call "for a stump speech." ' ... . . ' - lit. DeJmas..prptested agalhst this "offen Ive language" by th district attorney. Justice Fitzgerald Interposed In the discus sion and- Mr. Delmas was soon lost to view because of the turn affair took. During hi argument the district attorney placed himself on record by saying that the legal assumption before the court today Is that Harry K. Thaw is Insane. Justice Fitzgerald declared th present Jury only has to do with th question of Thaw's sanity or Insanity on th night that he shot and killed Stanford White. Examination Is Technical. Much of the day was given over to tech nical questions concerning the mental and phystcal examinations to which Thaw was subjected in the Tombs by Dr. Wagner and Evans. During some of the long ex planations offered by the alienist,' Mr. Je rome walked restlessly to and fro and onoe sat down near the newspaper men ! and entered into conversation with them. In answering some of the questions Dr. Wagner said he wa compelled to use long names. "Go ahead," said th prosecutor. The expert proceeded. The official sten ographer squirmed and moat of the Juror laughed heartily. "I can't help It," explained Dr. Wagner, a If tn apology for the longest. nam he uttered. "I know you can't," said Mr, Jerome. "You go right ahead whenever you feel Ilk it" . EXPEDITION TOjTHE CONGO Party of Americans and Belarlaa Will Iaaneet Part of Dark Continent. NEW YORK, March 6. A party of eight or nine, headed by A. Cheater Beatty of the Guggenheim Exploration company and S. P. Verner, general manager of the American Congo company, 'is sailing this morning on th Kaiser Wtlhelm der Grosse for Cherbourg, whence it will cross th continent on Its way to Africa for an eighteen months' stay In the Congo Free State, in the Interest of the American syn dicate which a few month ago obtained vast concessions In that district from th king of Belgium. Mr. Beatty is a mining expert and Mr. Verner goes as the expert of th Congo Free State, where he ha .spent twelve year. ' Th party, which, upon It arrival In Europe, will be Increased by the addition of several Belgian who are acquainted with the region, will be th largest expedi tion ever dispatched to the Congo. Head quarter will be established at Leopold vllle, on Stanley pool, where a caravan will b organized and -exploring trip into the territory covering the syndicate's min ing and rubber concessions will be planned. POSTAL CARDS REGULATED Postmaster General Place Ban aa Boas Form af Missives la Malta. ' WASHINGTON. March l-An order ha been issued by the postmaster general pro viding new regulations governing th size, form and weight of private post card en tering th malls. Such post cards must b mad of an unfolded piece of cardboard, not axoandtng 1 8-lx5 8-1 inches, ror less than 2Vs4 inches. They must, in form, quality and weight of paper, be substantially like th gov ernment post cards. They may be of any color, not Interfering with a legible ad dress and postmark. Vary thin sheets of paoer may be attached to them on condi tion that they completely adhere to tb card. Card bearing particle of glass, metal, mica, sand, tinsel or other similar substance will not b accepted for mailing. lxcept when enclosed la envelope. BRIEF BY CLOVER CLEVELAND Araraateat A4Jat Preaesed State Law RegalAHae Iavestsaeats at Llfaf Coaipaalea. NEW YORK, March 8. Announcement waa mode today that Orover Cleveland has submitted a brief to th Association of Life Insurance presidents, of which he is th head, in reference to certain threat--m?d legislation which would fore them to Invest their funds In the various states In proportion to th volume of business trans acted In those state. The brief says: It seems quite appare-nt that If the best legislative results are to be reached by safe- rruardln !I the Interests in any way re ated to life Insurance and by subtwrvlng the peoples' Interests in the premises by the pasetign of whoteoome laws, those who make our tnwn should.be free from all vlndlctlvo feelmg and misleading prejudices, and duly guarded against dangerous dis regard or sare ana consorvative Dune rules. In many of the states contemplating such legislation there is a normal, healthy demand for all or nearly all the securities contemplated In pending bills, which are so absolutely safe and unquestioned as io excuse life Insurance companies In accept ing them aa securities ror their trust runas. And yet they are forced to purchase In such a market and must under severe pains and penalties invest in such securities as remain after Inventors on the ground nsve made choice or to pay for by their legally created necessities. It matters not how many states pass similar statute (as a number threaten to do) nor how much the resources of &e companies may be actually Impaired n this agares-ate oper ation, nor does It I matter whether these forced Investment are good or bad, whether they are In the custody of the companies or of 4Tleera of the several states as In some esses proposed. In all contingencies', pollcias and premiums must De paid as they accrue, ivone or us nave. In our biblical reading, discovered an In cident which smacked more of unfairness and oppression tha the exaction by the strong that those at their mercy should make wicks without straw. Mr. Cleveland questions that thla legisla tion la framed in the interest of the policy holders. "It cannot be made to appear." he says, "that It would in any way increase the security of their )o1lcles, while on the other hand It is plain that In case of such Impairment of securities as would reach the point of financial Inability on th part of the companies, their policyholder of all tho men In the world would be the moat pitiable and helpless victim of the dis aster. How policy holders can be benefitted or mode more secure by merely forcing money into their state by way of Invest ments, no sinuosity of explanation can make apparent." EDITOR. THREATENED, SHOOTS A. H. SnlfT of Mlaeqrl Valley Desger. roaaly Won nan Mort Ernadiare.' MISSOURI VALLEY. Ia.. March l.-(Spe-dal Telegram.) A shooting affair which may have fatal result was the indirect outcome of an affray which occurred at a dance here Saturday night. In that affray a man named Fout figured, and A. .H. Sniff of the Harrison County New com mented on the affair in suob. a manner a to raise the Ire of Mort. Brundlge, a brother-in-law of Foutz, Brundlge an nounced he would do things to Sniff and called at the offloe for thai purpose. Sniff, however, waa not In and rnade an effort to keep out of the way, p( the angry man. Thar met on thai stree Ut In the Hay, however, and Brundlge "immediately as sumed a threatening manner. ' Sniff started away and went to hi office with Brundlge following. At the foot of the stairs leading to the office Sniff turned, drew a revolver and warned Brundlge not to follow further. Brundlge failed to heed the warning and Sniff fired, th bullet striking Brundlge In the right aide of the neck, passing clear through the neck and inflicting a wound which may prove fatal. Sniff went to Logan, the county seat, and gave himself up to the sheriff. The shooting took place at 5:30 this even ing. The bullet entered the front part of the heck and waa taken out of the loose akin at the back of the neck. The wounded man wa taken to a physician' office and given medical treatment, and sent to hi home, where he la resting easily. People were just leaving their place of business for home when the shot startled them and soon a large crowd gathered, but there was no sign of trouble, and before the true state of affair wa learned Sniff had gone. RICHARDS ISJJUT OF OFFICE Jsdgs Bailing1 of Waahlnartoa Com missioner of General Land Office. WASHINGTON, March 5. Judge Richard A. Ballinger of Washington today suc ceeded William A. Richards of Wyoming aa commissioner of the general land office. After being sworn In, Commissioner Bal linger held an lnformal conference with the bureau and division chief a J. H. Bal linger of Seattle, a. cousin of th commis sioner, will act aa hi private secretary. Judge Ballinger enters upon his duties a commissioner colncldentally with the en trance of James R. Garfield aa secretary of the interior. Secretary Garfield and Judge Ballinger were classmates at college and Judge Ballinger was Secretary Garfield's personal choice a commissioner of the land office. Befor retiring Mr. Richard received the following letter from the president: Mv Dear Commissioner Rlcharda: I hereby accept your resignation. Two years ago you told roe that you could not stay longer than this date. I told you then how I regretted to have you go. Let me reiterate my assurances of my personal re gard for you and of appreciation for your long and faithful services. For eight years you have given your best ability to the disinterested service of the government. I thank you for It on behalf of the govern ment and I extend to you my heartiest good wishes for your future. Sincerely yours. THEODORE R008EVELT. Mr. Kicnaras will return to Wyoming. PACKING COMPANIES SUED Stat af Kentaeky Seeks to Recover rM00 'Aliened to Be Dut for Taxes. FRANKFORT. Ky., March 5.-8tate Au ditor's Agent Hawn, In the name of th commonwealth, today entered suit seek ing to recover sum aggregating 136,000 from Nelson Morris dt Co., William Horner & Co.. Cudahy Packing Company and the Omaha Packing company. The petition clalin money Is due the state under a law requiring payment by packing companies of 60 cent on each $100 of th gross receipts from Kentucky. Th claim cover a period front 1902 to 1906. GERMANS TO TAKE COAL LAND Plan ta Bel Property Rear Bagdad aa Indemnity far Harder af Missionary. TEHERAN, March (.-Failing to get sat l fa ci ion for the recent murder of a Ger man missionary, it is reported that Ger many Intends to occupy certain coal lanla en the frontier, near Bagdad, which ah ba long desired for tha purpose of th Bagdad railroad, IOWA DELEGATION AGREES Tare Oat of Font Tederal Flnmi Ar Flaall Apportiontd. RESULT OF SIX-HOUR CONFERENCE Tempi af Osceola to Be District Attorney of Soathera Iowa, Mnr halahlp for Clark af Ottamwa and Kaott of Waverly. (From a Staff Correspondent.) WASHINGTON, March 6. (Special Tele gram.) Today the Iowa delegation was in caucus In Senator Allison' room from 12 o'clock till 8 endeavoring to agree upon whom they would recommend for positions of United States district attorney and marshal for the northern and southern district of their state. An agreement was reached In every case except that of United States district attorney for northern Iowa, and on this more than 100 ballots were taken without coming to an agreement. It wa agreed, however, by the Iowans to recommend the appointment of Temple of Osceola to be district attorney for southern Iowa, Clark of Ottumwa for United State marshal and Ed Knott of Waverly to be United States marshal for the northern district. Seward Cosaty Bank Oases. H. F. HAlleck of Lincoln and H. D. Jones and J. J. Thomas of Beward, Neb., are In Washington, being interested In cases which wilt come up for argument before . the supreme' court tomorrow, which have been brought to this court by Charles E. ate - on appeal from a decision of the supreme court of Nebraska. The defendants In the four cases are Jones National I-.ink, Utlra bank. Bank of Staplehurat and Thomas Bailey. These four tults were instituted In the district- court of Seward county February 26, 1806. by Jones National bank,' the Bank of Staplehurst, the Utlca bank and Thomas Bailey, separately, against Chaiio W. Mosher, Richard C. Outcalt, Homan J. Walsh, Charles E. Yates, Ellis P. Homer, Ambrose P. S. Stuart, Rollo O. Phillips and David E. Thompson, except that Mr. Thompson was made defendant only in the cases of the Jones National bank and the Bank of Staplehurst. Defendant Stuart having failed to answer, Judgments were rendered against him, which were affirmed by the state supremo court . in Stuart against Bank of Staplehurst. Defendant Phillips died before the trial In the state court, but action aa against him waa not revived. Defendants Hamor and Walsh aluo died while the cases were pending in the tat court and the actions were revived in the names of Louisa Himer, administra trix and George W., and Warren W. Walsh, administrators, inspectlvaly. Trial wa had during May and June and '.n July fl. 1802, judgments wi rnlerd In favcr of Defendant Walsh and vgalnrt Defendants Mosher, Outcalt, Thompson, Y.tte nnd Hamer, administratrix. AH those ugnlntt whom Judgments were entered prosecuted error proceeding to the aupier.i comt of the state, where' the judgments wero af firmed; but only Thompson, Yates' and Hamer, administratrix;, have prosecuted er ror proceeding ta J he supreme court of th United States. Plan's for Beautifying; Pnrtc. a Senutor Burkett today called upon Super vising Architect of . the Treasury . Taylor and submitted plans for beautifying the park which surrounds the . government building at Lincoln. It seems an ornate fountain located in the park has been out of commission for some lime and the Lin coln people want that put In order so that It will perform the function for which it was erected. Senator Burkett, after he had made his plea for the repair of the fountain, suggested that he wanted twenty electric light posts erected, with an incan descent light at the top of each, to illu minate the park about the building. Fremont Library Reeegalisd, Senator. Burkett announced today that he ha been advised the Fremont public llbary has been designated as a government de pository to receive all government publica tions which may in future be Issued by th government printing office. Brown Gets a Room. The sergeant-at-arma of the senate today, upon application of Senator Burkett, as signed to Senator Norria Brown the room in the terrace formerly occupied by Senator Hopkins of Illinois. Senator Brown' room will be in charge of E. H. DJureen of Omaha, who ha been one of Senator Mil lard' stenographers and who now enter th employ of Senator Brown. . ' Bryan to Talk on Lincoln. - William Jennings Bryan ha notified the Veteran legion of thl city of hi ac ceptance of an invitation to address them April 14,' the forty-fourth anniversary of the assassination of Abraham Lincoln. Mr. Bryan will confine 'himself ntlrely, so it 1 said, to an address to the old soldier purely upon the life and character of Abra ham Lincoln. Hnynes la Hew York oa Visit. J. B. Haynes of Omaha, who has been Benator Millard's confidential ' secretary, left Washington thl morning for New York to spend several week with hi brother prior to returning to Nebroska. George Butlln, also of Omaha who came to Washington with Senator Thurston and has been associated wl(h Senator Millard as clerk and stenographer, left Washington tonight for Omaha W. C. Cook of Planklnton, chairman of the republican at ate committee of South Dakota, I In Washington. B. A. Sullivan, also of Planklnton, is In Washington. Representatives Hall and Parker of South Dakota, successors to Martin and Burke, who have been In Washington about a week getting acquainted with their future colleague of the Sixteenth congress, leave for their homes tomorrow. P. M. Fulton of Burke, B. D., is in Wash ington, en route to New York. Congressman Walter I. Smith of Council Bluffs leave for bom tomorrow. Postmaster Appointed. Postmaster appointed: Nebraska, Sex terp, Cheyenn county, Florence Nelson, vice A. Anderson, resigned. Iowa. New Liberty, Scott county, Iaaao W. Warner, vlce C. F. Scheppele, resigned. South Da- KOlftf Bath, Brown county, Duncan O. Stewart, vie F. M. Organ, resigned. Hew Bank for Taermopolts. The application of G. E. Abbott, L. A. Cosgriff, B- C. Parks. C W. Cook and J. E. Hlggln to organise th Thermopolla Na tional bank of Thermopolla Wyo., with 325,0uu capital wa approved by th comp troller of th currency. Pop Did Hat Interfere. PARIS, March I. The Madrid corre spondent of the Eclair, in a dispatch pub lished tody quotes Garcia Alix, who waa minister oy finance in the Villa verd cab inet, a drying that the Vatican authori ties made efforts to prevent King Alfonso from vlaltlng France, a semi-official y laud la Pnrla March t. CLAIMS COMMITTEE IS BUSY sirs. L W. Fomerlae Wants tha State to Pay Her Attorney for Services. (From a 8taff Oorreapondent.) LINCOLN. Neb.. March 8. (Special Tele gramsThe hands of time were turned back a year tonight when Mrs. L. W. Pomerlne Appeared before the claims com mittee of the house to ask tor favorable consideration of her claim for 3900 to pay her attorney for defending her in a libel suit broiiRht by Superintendent Helner and Mrs. Helner of Tabltha Home. The suit was the result of an Investigation of the home of a self appointed committee of iood Lincoln women and preachers, and peoplo who went to tho home and then. It la al leged by tho Helners, began and kept up a continual knock on the Institution, mak ing it very difficult for him to secure finan cial assistance for the malntalnance of the Institution. In fact, Mrs. Pomerlne and her committee worked themselves Into a high state of indignation over the alleged conditions of the homo and according to the Heiners, went so far as to overstep the libel lava. Mrs.' Pomerlne claims she was a member of the State Board of Char ities and Correction and Investigated aa a member of such legal board. Among her co-defendants are the State Journal com pany. Miss Cora Oarber, and numerous others. The home, however, survived the attack and it is reported on pretty good authority that Governor Mickey called Mrs. Pomenne and John Davis down for the Interest they displayed In that investigation and talked of expelling them from the board. The committee likely will rejoct the claim, notwithstanding Mrs. "Pomerlne made a most touching speech for over an hour. The committee refused again to grant Lee Herdman the $fl.0no claimed by him as money paid to help in the office of the clerk of the supreme court, though Mr. Herdman again appeared before the com mittee. Under oath the former clerk said during the two years In question he had re ceived in fees between 33,500 and $4,000. A. O. Smith was here after $700 alleged to be due for auditing the books in the of fice of the adjutant general. Smith claim he brought about the restitution by Colby of $2,000 and though his claim ha been re jected numerous time, any he will come again If it I knocked out thl lime. BOOK COMPANYMAKES ESCAPE State Uniformity of Text Book De feated In Sooth Dakota Senate. PIERRE. 8. D.,' March (Special Tele gram.) The constitutional bill haa passed the senate after a long debate In which Dowdell attempted to Inject his state uni formity of text books Into the bill. In which he chased the American Book com pany all over the state In his attempts to catch and annihilate It, but only got near enough to give it a 'run. Before the final vote Goodner, Dudley, Cooper and Dillon got Into the fight 'and the Dowdell amend ment was voted down, the bill passing; prac tically aa It left the house. The bill to apportion the balance of the endowment lauds of the state t the sup port of state experiment farms waa opposed by iDHlon, who nd to divide it among the instltutlona . already endowed, a he haa wanted it out of the way of any In stitution Which might seek It in the future. Dowdell Byrne and Jenkins supported tha bill, which passed, after -defeating Dillon's amendment with only three votes in its favor. , The senate passed the house wolf bounty bill and the one raising the age of consent to 18 years, and tangled again on the bill to prevent sales of stocks of goods In fraud to creditors. This is a bill which comes up at every session, and for the first time went through one branch, the .house passing it. Goodner and Lincoln supported it and Dudley, Laxson, Dowdell, Jenkins and Dil lon opposed It, charging that it was one of the moat vicious measures which has been proposed, entirely in the line of claas legislation, and on motion of Hepperlee It was Indefinitely postponed. The house at the morning aesslon decided against five supreme court judges on ac count of the district lines proposed, but Glass gave notice of reconsideration ' and amendments likely will b offered tomorrow to cover the objections, Browne and Carley being the chief objectors to the bill. The afternoon session of the house waa devoted to grinding out appropriation bills, getting through with most of the special appropriations asked for. The general bill went over until tomorrow, when It will be considered with the senate general file. HAWLEY REPLIES TO DARROW Idaho Proseeator Denies Charge That Case Is Not Beinn Conducted r In Good Faith. WALLACE. Idaho, .March 8. "Counael for the state are better friends to Steve Adams than are the attorneya fcr the de fense. The latter are In the case simply for the purpose of getting evidence in favor of Moyer, Haywood and Pettlbone, a,nd they do not give a jackstraw for Steve Adam or what happen to him." With these words. State' Attorney J. H. Hawley .today started a sharp attack on the defenae In tan case of the state against Steve Adam for th murder of Fred Tyler. "Th state does not wish to see an lnno-. cent man hanged,", continued Mr. Hawley, )but the defense does not care. We be lieve Adams Is guilty of the murder. We are trying this case upon Its merits and not for the purpose of convicting the offi cers of the Western Federation of Miners of another crime." "The defense talks nonsense," said Mr. Hawley, "when it states the prosecution I not being carried on in good faith. Gov ernor Gooding' visit to 8teve Adam at the penitentiary was made in good faith and not for the purpose of injuring th prisoner' chances. There was nothing about the confession that wa illegal, and no pressure was brought to bear upon him to maka blm give that confession." GARFIELD N0W IN CABINET Farmer Commisaloaev of Corporations Takes OfBca aa Secretary of . tha Interior. WASHINGTON. March B.-Jamea R. Gar field took the oath of office as secretary of th Interior today. The oath wa adminis tered In th office of th secretary by Warren Choate, chief clerk of the bureau of corporations, over wbleb Mr. Garfield ha presided up to the present time. Re tiring Secretary Hitchcock wa present, as was also Secretary Metcalf of the Navy department; Labor Commissioner Nelll, Mr. Plnchot, chkf of th forestry bureau; Mr. Leupp, commissioner of Indian affairs, and others. Former Secretary Hitchcock expressed appreciation of th manner In which the press of tha country had upheld hla band during th many UUig ordU of hi administration. COMMISSION BILL UP Eonsa inCmmittM of tha Wholo Eeoom menda It for Faaae ( SEVERAL AMENDMENTS ARC ADOPTED Membara Fracticallj Uoanimoia ia Thaif lotion. ONE PROVIDES FOR GIVING HEARINGS Tan Cava' Votioa to Ba Oiren Carriers to Present Their Oate. FUSIONISTS SHOW HAND IN LEGISLATION. Now Two-Cent Fare Bl)l ta taase. They Are- Willing to Help Pall Railroad Chestnuts Oat of Fire. (Frwn a Staff Correspondent.) LINCOLN, March 5. Speclal.) Th rail way commission bill was recommended for passage by the -committee of -the whole In the house thl morning. Several amend ments were made to the original bill aa drafted by the Joint committee, one or two of which were of Importance, while tha others wore merely corrective amendmenta The house was practically unanimous on every amendment carried a It was on th amendments lost. One amendment by Far ley of Hamilton, which was adopted, pro vided district court in the county wher th action arinea shall have jurisdiction. In tho original bill It waa provided any dis trict court should have Jurisdiction. Thos who favored the amendment said it would prevent the railroad from choosing a friendly court when they dealred to liti gate a rate made by th commission. Tha principal amendment adopted wa by Ned Brown of Lancaster, relating to the mode of procedure of the commission and pro viding for tho review by th court. Tha amendment is as followa: The said Railway commission shall fix aa soon as practicable thereafter a schedula and classification of rates and charges ex cept Joint rates hereinafter provided for, for the transportation of freight, paasenger and cars over the various lines of railroad In this state and to that end the said com mlaKlon shall give the rnllrond company or common carriers to be affected thereby, ten days notice of the time and place whon and where the rates will be fixed; and any such railroad company or common carrier shall be entitled to be heard at such tlma and place to the end that Justio may be done; and .shall have power to enforce the attendance of witnesses to be served as In civil cases. Said schedule of rates and charges so fixed and prescribed shall go Into effect not leas than thirty days nor more than sixty days, within the discretion of the commission, after tho same have been completed and copies thereof mailed to tho railway companies and common carrier af fected thereby and any or all rates there in contained shall be nnd remain in fore and effect from and after said tlm unlen ' modified, annulled or otherwise revised, I.V.A In fttinl. . In n.i4 Kv tk. uM nit. ' way commission, upon a hearing with re spect thereto before sold commission or until such rat or rates are finally ad judged unreasonable and unjust In a court Of competent Jurisdiction. A copy or copies of said chedule or any oart thereof, when duly authenticated, shall b received In evidence In all court In this state without further proof as prima fncle evidence that the rates therein con tained are thos fixed by said Railway commissions and that said rates are, prima facie, just and reasonable. . Another amendment by Cone wa adopted making the anti-pas section correspond to th anti-pas bill recently passed by th house. Fnslonlsts Show Their Hand. The Wilson resolution providing that th State Board of Assessment shall asses railroad property as a unit and make the distribution according to mileage and not according to main and branch lines was adopted in the house after a long-drawn-out debate, which developed that th dem ocrat, now that the 2-cent far bill Is passed, ore going to oppose the taxation of railway terminals locally and that Wilson of Cuttei Is mighty thick with them and so I McMullen of Gage. The attitude of the democrats wa shown by Con, their floor lender, who, in a mild harangue, ac cused Clarke of wanting to sidetrack tha resolution until he got the terminal taxa tion bill out of the woods. The bast for this statement from the gentleman frog Saunders wa a motion by Clarke that t resolution be referred to the attorney g eral to see whether It was legal or for the board to so make th distribute. Clarke made his motion after Georg t, Bennett, secretary to the board, who ww. brought before the house to explain whr the board made Its arbitrary distribution, had said It was the board' interpretation of the statutes. Mr. Bennett also explained that he personally favored such a distribu tion aa waa provided for in th Wilson res olution, "but the board put it own in terpretation on the statutes." he said. "Then there 1 a difference of opinion, Isn't there?" asked Mr. Clarke. "To be sure there la," answered th ana ret, ry to the board. "A few years ago ' two members of the board Insisted oa making the distribution according to mile age, but the majority preferred to mak It according to main and branch lines." "Mr. Speaker," said Clarke, "I am not opposed to thl resolution, but I am op posed to the house directing the state board, to do an illegal' act. We cannot tell what legal complication might ensue. If th resolution is not legal, then th attorney general will have to defend our action, be- cause there is no doubt the board will follow the direction of tha house in thl . matter. .1 mov, therefore, that the reso lution be referred to the attorney general (or an opinion a to It legality." Vala ta Ba Distributed. It was then Con got th floor and yelled that the house member were just ' a capable as the ottorney general In de ciding the legality of the resolution. "Tha gentleman from Douglas merely want to get thl resolution out of the way until he can get his terminal taxation bill out of the woods," he concluded. "I have not mentioned terminal taxa tion during . thl discussion," answered Clarke, "and this resolution has nothing to do with that." Then McMullen got Into the gam and offered an amendment (which later waa adopted) merely directing the attention of the board to the law instead of directing them to distribute he valuation as Wilson Interpreted the law. He also opposed re ferring the matter to the legal departmant of state. Wilson shied at the Clarke motion and said: "I drew the resolution after con sulting com good legal talent," which he did not name. E. W. Brown of Lancaster said Wilson should apply to the courts If he waa aura about the law and compel the board to act In accordance. "He ha missed hi remedy." he- said. Th Clark motion wa lost and tb Wil son resolution was adopted. George D. Bennett waa Invited to th house on motion of Kubl, who wanted him to explain how til aUite board n4n shs)
