Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
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
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
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
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
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
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.
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
votes bonds for tho re-
" votes bonds
cot. ,n of it electrto lignti plant.
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.
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.
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
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
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.
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
Xst weak a
was clerking la
a ator at a
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
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.
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.
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
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
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
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
"Go ahead," said th prosecutor.
The expert proceeded. The official sten
ographer squirmed and moat of the Juror
"I can't help It," explained Dr. Wagner,
a If tn apology for the longest. nam he
"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
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
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
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
EDITOR. THREATENED, SHOOTS
A. H. SnlfT of Mlaeqrl Valley Desger.
roaaly Won nan Mort
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
RICHARDS ISJJUT OF OFFICE
Jsdgs Bailing1 of Waahlnartoa Com
missioner of General Land
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
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
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
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
IOWA DELEGATION AGREES
Tare Oat of Font Tederal Flnmi Ar
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
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
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: 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
(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
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
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
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 .
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,
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
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
(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
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
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)
Powered by Open ONI