The Omaha' Daily Bee
VOL. XXXVI-NO. 226.
OMAIIA, FRIDAY MORNING, MARCH . 8, , 1907-TEN PAGES.
SINGLE COPY THREE CENTS.
VOTE SOT TO STRIKE
Union Street Car Men Decide to Remain at
Their Feiti
RESULT F THE BALLOT IS UNANIMOUS
Orer Two Hnndred Votes Cart at the
Wuhincton Hall lfet!n,
CENTRAL LABOR UNION TAKES A HAND
Committee Eeari Both Bidei and AiVuei
cainet ttrike Idea.
MINISTERS ALSO COUNSEL MODERATION
Vie rmUnt Brhan of the national
talon Refuses to Dlscnss th
Remit of tke Ballot of
tho Men.
Ther will bo no atreet car trike In
Omaha. That wa tha decision reached by
the member, of the street car union at a
meeting held In Washington hall laat night.
The iaeue waa fairly met and voted upon
by the 300 members of the local union and
tha tirnnnaltion to call a strike was de
feated by a unanimous vote.
After the meeting lost night Vloa P
dent Behner refused to make any stak
ment.
The union men asked a committee from
Central Labor union to hear the complalnta
of the men and decide whether they would
advlae them to strike.
Thla committee, composed of Louis V.
Guye, John Polian and Charles McDonald,
asked the street railway company to pre
sent Its side of the case that it might de
cide Intelligently after hearing both sides
of the case. A meeting waa held in Vice
President Wattles' office Thursday morning
whan the union men presented their esse
and Mr. Wattles reiterated tho position of
the street railway company.
After listening to both sides of the con
troversy, the committee prepared a state
ment, which was read this afternoon to
the union men at Washington hall, advis
ing them not to strike.
Report of Committee.
This Is the committee's full report:
OMAHA, March'7. 1907. To Amalgamated;
Association of Street Oar Employes, Local
SS8, wresting : inn unuersignoa oimnmi,
agreed upon Jointly by your organisation
and the officials of the street car company
to hear the parties to the controversy exit
ing between the union and the company, for
the purpose' of making such recommenda
tions a In our Judgment would beat con
serve the Interests of all concerned, do rind
as follows:
Flrsf-The first real and most Important
matter taken up, namely, the requirement
of a pledge on the part of new employee
of the company that they would not Join
the union, we find haa been revoked, as
asked for by your organisation.
Second Relative to the discharge of
n men, 1 we find that a hearing was
given when the Individual cases wire cited,
and the question satisfactorily adjusted to
all parties.
Third Cases complained of where men
.were dlschurged after two or tlireq rears'
service and on reinstatement weru obliged
irrant tho minimum scale of wnges. we
f nil to Wve brt-n aiutMl as asaed for by
Fourth In reference to the recognition
demanded by your organisation, we find
,. that tho company has conceded recognition.,
because of the fact that It has treat! with
your committee aa such, and met your In
ternational o Ulcers as such, and docs agree
to. In the future, hear your committees
upon such grievances as you may aeaire
. to present from time to time. ,
Fifth In the matter of a written con
tract demanded on the part of your -organisation,
we find that Inasmuch aa an
agreeuient was entered Into at the time
of the formation of your local union, to
the effect that the company would not
be required to sign such contract, and
therefore recommend that said contract be
withdrawn and that grlevsnces therein
contained be presented as such.
Therefore, In consideration of the above
findings, your committee, having thoroughly
considered the welfare of your organisa
tion, as such, and the bent Interests of the
Individual members thereof, together with
the aio.uu) and more citizens of the cities of
Omaha, South Omaha and Council Bluffs,
, the commercial Interests of those cities and
the welfare of the organised labor move
ment, believe that a strike on the part of
your organisation at the present time under
existing conditions would be both unwar
ranted and unwise, and would recommend
that a strike be not declared.
CHARLES MT DONALD.
LOUIS V. OUYE.
JOHN POLIAN.
Wattles Makes Explanations.
Vic President Wattles of the Omaha A
Council Bluffs Street Railway company said
after reading the report that ha ooncurred
in the general finding that no strike be
called, but he did not concur in the finding
of the committee that he had recognised
tin) union, had dealt with the union and
bad promised ta meet committees from the
union In the future. He said he had all
along refused to do thla and had not
changed his position. He said Mr. Behner
had called upon htm when he first cams to
Omaha and wss In his office again Thursday
morning, but that he waa there In the same
capacity as Mr. Wattles aa a witness before
.the Investigating committee from Central
Labor union. "
"I want It distinctly understood," said
Mr. Wattles to The Bee, "that I. nor the
company I represent, has changed front
on our relation to the union. We clearly
st forth In our published statement a
few days ago that we did not officially
recognise the union, and wo stand there
now, never having changed our position."
Vice President Behner of tha international
waa advised by Chief of Police Donahue
and Mayor Dahlman to come to the mayor's
office Wednesday and was there given to
understand that In case of a strike ho
would be held responsible.
Klalater Are Called la.
As showing the seal with which both
sides of the controversy have endeavored to
strengthen their cases, It may be stated
that the street car com pap y offlolala and
union men sought the Intervention of the
Ministerial union. Dr. Clyde Clay Clssell,
president of the union,' and as such dele
gat eaofflclo to Central Labor union;. Dr.
Newman Hall Burdlck, member of the
Typographical union and with Rev. B. F.
Fsllman, delegate to Central Labor union.
t;
lected Dy tno aiimsterial union, war se
lected- to represent the clergymen. Th
met Vice President Wattles of the street
car company. Secretary Mlchaiaen of the
carmen's local union. Vice President Beh-'
lier of the International and the executive
committee of the carmen. The three min
isterial delegates counseled deliberation
and temperance In word and deed. What
they did la embodied In thla statement,
authorised by them:
First We asked the union men what part
of their agreement the company had re
fused to recognise. They told us tha only
material part was 'Teoognlllon of the
union." The company had agreed to the
rest of the proportion submitted by the
union.
Second We assured the men of our sym
pathy with the wage earner and suggested
to the union nci. they must first have pub
lic sentiment with them before they could
successfully wage a strike. They conceded
this.
Third We suggested they did not have
publl sentiment on their side.
JTworth We offered to interned for tha
SUMMARY OF THE DEE
1 '
Friday, Martk S, 1DOT.
1007 MARCH 1907
va mom rv l wta fan rai sat
' T 12
3 4 5 6 7 8 9
10 II 12 13 14 15 10
17 18 19 20 21 22 23
Ht 25 26 27 28 29 30
Til WXATHEB.
FORECAST FOR NEBRASKA Fair Fri
day and warmer In eastern portion. Satur
day fair.
FORECAST FOR IOWA Fair Friday
and warmer In extreme weit portion. Sat
urday fair" na rmfr.
Tsmperature at Omaha yesterday
Hour.
Deg.
Hour.
Deg.
I a, m.
a. m.
7 a. m.
Sam.
a. m.
10 a. m
II a. m.
13 m....
9i
K
86
S3
12
SI
, S2
33
1 p. m
I p. m
S p. m
32
32
83
83
4 p. m.
6 p. m 82
6 p. m 83
7 p. m 82
8 p. m 31
I p. m 80
I,EOILATTv"J.
Sifting committee of the Nebraska
senate ordered to commence work Mon
day. House anti-pass bill made a special
order for Monday. laga
The house at Lincoln In committee -tif
the whole amends the Joint committee
j.'lt for state-wide direct primaries to
, viae ror open primary, at whicn Miy
'v ..'nay vote any ticket he chooses with
al, ',-larlng his party affiliation. Stage 1
late at Lincoln In committee of
th
mou
Ing i
pasage
amends the pure fool bill by
'-,e drastic regulations affect-
1' nedlnlnea and recommends
II. Pag 1
viiTia
V
E. H. Ha. ,n says better understand
ing between - government and railroad
corporations will promote interests of all
parties and that ha Is x willing to take
initiative in movement for co-operation.
Pag 1
Northwestern Iowa Lumber Dealers ad
vocate careful consideration of ontl-rall-road
legislation, though admitting busi
ness crippled by delayed shipments.
Pag a
Attorneys for Harry K. Thaw decide
to rest case upon the testimony al
ready In. .t Pwv
Mysterious buying of Reading rrulway
stock, alleged to be by parties Hooking
control of railroad, remains unsolved.
Harrtman Interests deny any connection
with It. Pag 1
United States circuit court decides
Standard oil men properly in court at
St. Louis. Pag 1
irXXaVAaXA.
Railroads comply with 2-cent rate law
by selling tickets on strict mileage basis
regardless of competing lines. Pag 3
Railroads pay taxes with deduction for
a portion of interest Hue as penalty for
delinquency. Page 3)
posssxaxr.
British steamer lost off Italian coast
and twenty bodies float ashore. - Pag 1
PORT.
President O'Neill says refusal of West
ern association, to, sapctlijil . sale": of Td-
peka la without effect, as deal haa' bee
completed and the money pUd. Pago
' Conklln defeats Mlal and Gardner -wins
from Roll In amateur billiard tourna
ment " Pag
- X.OCAX. .
Plumbers' union declares It Tvants no
sympathetic strike In Its behalf. Pag 6
J. P. Hamilton Is wanted by police on
charge of tearing th tongue from a horse
at Fpurteenth and Mason streets Wed
nesday evenng. The horse belonged to
the American Transfer company and had
balked. Hamilton volunteered his ser
vices to start It. ' Pag
Nebraska railroads Issue circular de
claring all special reduced rate "off" in
Nebraska. Pag 6
Progress in coal trust trial is slow, ss
attorney, for defendant, contest every
possible point.
Traveling Masonic trowel reaches
Omaha and Is welcomed by Capital lodge.
Pag S
Shrtner plan big meeting In Omaha
for April. Pag a
union with th company In the case of
any union man discharged because of his
membership In the union, or for other
cause which seemed unjust it they would
specify the cases.
Fifth Ws advised a secret ballot on the
question whether the union should strike
or not.
Sixth We warned them that defeat meant
personal loss to them and their families
and their union.
The executive committeemen and Vice
President Behner took kindly what the
ministers said and suggested and asked
them to act as a committee on arbitration
with the company. The ministers agreed,
but found the company, as Mr. Wattles
stated, already had accepted the terms to
confer with th Central Labor union com
mittee and officials.
ADAMS JURY IS DISCHARGED
It Reports Inability to Agree After
Tfatrty-Poar Honrs' Delib
eration. WALLACE, Idsho. March 7. Th Jury In
the trial of Steve Adams for the murder
of Fred Tyler, after being In deliberation
since 11 o'clock yesterday forenoon, tonight
at 710 o'clock announced through Foreman
George Filers that it was Impossible to
agree upon a verdict, and waa discharged
by Judge Woods.
Th Jury for many hour stood at 7 for
conviction and I for acquittal, and It waa
only on th last ballot that the Jurymen
stood evenly divided, for conviction and
for acquittal.
Judge Woods thanked the Jury for Its
patience and diligence in service, after
the foreman declared poatUvely that it waa
Impossible to reach a verdict, and declared
them discharged.
In the court room were all of the at
torneys for both sides, and only a few spec,
tators. All Interested vitally In the case
were present except Mr. Hawley for th
state. This means that the Steve Adams
case must b tried again.
NEAR DAVENPORT, IA.
BarllaaTtoa ana Mllwankee Paaseagor
Trains Collide on Crossing Pew
Mile North of City.
DAVENPORT. Iowa, March 7.-Chlcago,
Milwaukee o; flt. Paul passenger train No.
I collided at Bettandorf, five miles north
of here, tonight with Chicago, Burlington
Qulncy passenger train No. 47.
Engineer John MoOulre of Molina. 111.,
was killed and E. II. Buck, Rock Island,
I1L; William WUear, Dels van, Wla., and
Phillip Raymond, Savanna, , UL. injured.
HARR1HAN WANTS IMMONT
Elimination of Hostile Friction Will Ee
Profitable to ill.
HE IS WILLING TO TAKE THE FIRST STEP
Spirit of Co -operation, He Thinks,
Will Avert BvU Effort of Agita
tion Railroad Poller
Mistaken Oao.
NEW YORK. March am ready to
make th advanc In a scheme of co
operation between the government and the
railways my chief interest," said E. H.
Harrtman, president of the Union Pacific
railroad, on returning today from Wash
ington. Mr. Harrtman declined to talk about the
report that he had obtained. control of the
Reading railroad. Speaking of agitation
against wealth, he said:
"They we, all of us should have consid
ered the possible effect of this agitation
before it was begun or before conditions
that made Its growth possible were allowed
to continue. If we had all met on common
ground and co-operated for our .mutual
benefit nobody would fifi worrying over the
situation a It 1 today.
"We all made a mistake In this. I real
tee the mistake and I believe the adminis
tration at Washington Is beginning to
realise that it has been a little too radical
In Its attitude toward the railroads. Hence
forth I look to see Its opposition take on
more of the spirit of co-operation. I be
lieve the railways can expect to receive
more evenhanded Justice.
Masrnntes gee a Groat Light.
"W men at the head of the great cor
porations on our part are coming to a
better understanding of what the govern-
ment expects of us. W are beginning to
get the point of view of the administra
tion. We feel that we are now, all of us,
the public, the government arid the rail
ways, on a common ground where W can
deal with each other in th right spirit.
"I'm more than willing to give my sup
port to such a process of enlightenment.
I'm ready to make the advancement of
such a scheme of co-operation my chief.
Interest. Surely there could be few condi
tions imaginable t.t would be of wider
benefit than to eliminate hostile friction.
"Railroad managers have, I am willing to
admit, in the paat neglected to build up a
atrong harmonious relatlonsnip peiween
themselves, with the government and witn
the public " Thla matter had been left to
subordinate officers and the result has been
that such relations have been completely
neglected. Now we must take the matter
In our own hands In order to bring about
a better ubderstandlng and co-operation.
Railroad Poller a Mistaken One.
"Our policy In the past has been a mis
taken one, but It cannot be said that we
hav neglected our service to the public.
When one . considers what the railroads
hav done to develop this nation we can
not bliev they have been anything but
beneficial. Th marvelous dsvelopmnt of
the country has been du to a very large
degree to tha enterprise of Its railroads.
"Blnc th Urn wu4ook hold. ,of the sys
tem of railroads cf which I am the head
S3sO.00O.00O has been .expended In robuildlng
the roads. . Thla has all been done since
1900. A another Instance of what the rail
roads are doing to add to the general
prosperity of the nation I'll tell you that
the roads of which I am the head purchase
about 1.000,000 tons of steel rails yearly and
during that period we purchased about
4,000.000 tie.
"All this adds to the welfare of th na
tion and the development work which the
rail reads have done, as is in some cases
now shown, haa resulted in the building of
so large a traffic that they are unable to
handle It.
"Cpmblnatlon really benefit the public.
The public may think otherwise, but it will
learn the real truth in time. That time
will come sooner if combinations are legal-
1 "Tt ? con!TO,Tan1 f'!'
I- ... T .htnlr ItHIn H-
ni.im 1 1 1 1 1 1 1 0Vf It, u u . ........ -
limit of such control corporations ought to
be allowed to combine as they find it neces
sary or beneficial."
Mr. Hnrrlman said that tha railroads had
frequently been at fault In the past by
their failure to llv up to traffic agree
ment. In this way there had come a lack
of confidence among railroad men and the
publlo naturally grew to lose confidence in
their acts.
Capital iJirks Coagldenee.
Restrictive legislation, Mr. Harrtman
thought, must tend to reduce dividends un
less met In some other way. The fact la
plain, he said, that there Is a lack of con
fidence by capital. He cited the price paid
by the New York. New Haven Hartford
Railroad company for it recent loans in
France.
As to the money outlook, Mr. Harrtman
said tho present tension Is bound to react
on Industrial operations.
"I know in a general way of an all-round
movement to reduce supplies," he said.
"As for our own roads, we are making our
business more compact and trying to cm
duct traffic at less cost. We1 may have
to come to higher freight rates."
Mr. Harrtman then took up th Chicago
sV Alton reorganisation. He said that, con
sidering the conditions which existed at
thst time the road had not been overcapi
talised. "Do you expect to go to Washington to
see the president again soonT" he waa
asked.
"Tho president know where I am," he
returned, "If he wants to see me I am
ready to go."
' Hcpbars on Hnrrlman.
WASHINGTON. March 7.-8peclal Tele
gram.) Representative Hepburn, who as
chairman of the house committee on Inter
state and foreign commerce, prepared much
of th railroad rat bill that went through
congress, haa some view about E. H. Har
rtman, who has been saying columns of
tuff to Washington nemspaper men In
the last few days. Colonel Hepburn called
on President Roosevelt today and when
asked about Harrtman said:
"I believe Harrtman 1 a living Justifi
cation of all th railroad legislation w
have enacted and all we hav attempted to
enact, and that by his own admissions wa
should have passed much more drastic
laws than w did pass. If I understand th
testimony of Mr. Harrtman and his asso
ciates, it Is possible under our present
financial system for on man to Increase
th Indebtedness of railroad corporations by
8)0,000.000 without adding to it on cent's
worth of visible property. If It is . not
high time such a condition of affairs should
be ended, It seems to m no evil under th
sun should be corrected."
"Mr. Harrtman announced h was sight
seeing," remarked on of Colonel Hep
burn friends.
"Well, maybe he was," admitted Colonel
Hepburn, "but I think th public saw th
greatest sight thla trip."
MONEY FOR FORT -ROBINSON
Senator Rarkert "scores an Additional
Forty Thonoaad for Improve
ments at Post.
'
(From a Staff Correspondent.)
WASHINGTON, March 7. (Special Tele
gram.) Senator Burkett today called on
Secretary of War Taft In regard to re
advertising for bids to construct a number
of new buildings at Fort Robinson. Mr.
Burkett was successful In securing 840,000
additional to th allotment originally as
signed to Fort Robinson, bringing th total
amount up to 8300.000. The department has
twice advertised for 'bids for the work con
templated at Fort Robinson, but has been
unable to secure a bid within th limit of
cost set. , ,
Senator Burkett prevailed upon the secre
tary of war to allow an additional 840.000
for Fort Robinson Improvement and It is
the Intention of the quartermaster general's
department . to readvertlse, and with ths
Increased amount It Is confidently believed
a contractor will be found who will under
take the work.
Senator .Doillver and Allison have sub
mitted to the president th slat of federal
appointment agreed upon by th Iowa del
egation, which meet In conference to
settle these things.
The slate Is as follows: F F. Favllle,
Storm Lake, United States attorney for
the northern district. In place of H. G.
McMillan, who ha held the office eight
years; M. J. Tobln of Vinton, collector of
internal revenue for the northern district,
succeeding Archie Smith, who has been
collector for two years, but wa. not sat
isfactory to th delegation: Edward Knott
of Waverly, marshal for the northern dis
trict to succeed himself, having had only
one term In th office; M. L. Temple of Os
ceola, United States attorney for the south
ern district, succeeding Lewis Miles, who
has been In the o fries for eight years; Frang
B. Clark of Ottumwa, ' marshal for the
southern district, succeeding George Chris
tian, who ha held the office for eight
years The president will appoint the men
who have been recommended.
The fecretary of the treasury haa de
cided to purchase the site offered for the
new public building at Shenandoah, la.,
by -George Bogart and others the price
being 84.960. The site chosen is located on
a triangle of about half a block located at
Sheridan and Clarlnda avenues.
South Dakota postmasters appointed:
Lynn, Day county, Joachim Blvertsen, vice
C. E. Illegen, resigned; Trent, Moody
county, George Loucks, vice Asa Platts,
resigned. ' J '
HOUSE KILLS MANY BILLS
oath Dakota Legislature Gets Ready
for Early Adjournment
Sine Die.
PIERRE. S. D., March 7. Special Tele
gramsThe honse this afternoon was In
a killing mood and got away . with ,th
bills applying the Carey act in this state;
limiting the time of beginning foreclosure
of mortgage to fifteen years; providing
for specific annual levies for ths state edu
cational Institutions; allowing trolley lines
to use hlgWBs ror right-of-way, and
memorialising congress to require lumber
to be the meaaarement at whlA It Is
claimed to be sold. ' ' -
After three - efforts the senate receded
from Its. position on the' bin to make the
secretary of the State Board of Agriculture
ex-offlcio -state immigration commissioner,
and the bill was adopted by both houses.
Th last bill passed by the house for the
afternoon was to submit a constitutional
amendment to Increase the salary of the
attorney general to 81,800 a year. The
democratic caucus railway bin, after be
ing amended In the title to "a bill creat
ing campaign thunder for the democrats,"
was postponed until 1909, after an attempt
to expunge the record In regard to the
amendment in the title had been voted
down, the democrats all voting to allow it
to stand.
Tho senate killed th bill to appropriate
money for a telephone Inspector; the boiler
inspection bill; to require school districts
to furnish the bonds of their treasurers;
to appropriate money to pay for horses
killed on order of the state veterinarian
because of glanders; attaching unorganized
counties to organised Bounties for Judicial
purposes and' appropriating 85.000 for a
building at the Deaf and Dumb school. It
also passed the bills for a new building
at the Spearflsh Normal and for the pro
tection of quail for five years.
The senate is holding a night session,
at which they have no business to transact
and will meet at 9 o'clock tomorrow to
clear up the business In the forenoon. Th
house holds no night sessions.
QUARANTINE F0R CANNON
Speaker's Party Mar Not Be Allowed
to Land at Colon Boeaaao of
Yellow Fever.
NEW YORK. March 7. Speaker Cannon
and th other member of th congres
sional party who sailed a few day ago
on th Bluecher, may not be permitted to
visit Colon, according to information re
ceived her today. Tho party had planned
to stop at Colon on the homeward trip and
inspect the canal work. Today the newa
came that the Panama government has
established a quarantine against Vene
guelan ports because of a reported out
break of yellow fever at Laguayra. Th
Bluecher Is scheduled to call at Laguayra
and at Porto Cabello before it reaches th
lsthmua
Officials of th Hamburg-American line
aid today that every effort will be made
to arrange for the landing of the congres
sional party at Colon. It may b possible
to Induce the passengers on the Bluecher
to consent to a change In the schedule. If
this cannot b don the company may ap
peal to President Roosevelt to aak Panama
to make an exception in the quarantine
regulation In the case of the congres
sional party.
KIRKMAN CASE IS ARGUED
New Potat of Law Is Involved aad
Jndgo Will Write HI
Opinion.
TOPEKA. Kan., March 7. Th argj
menu on the application of former Cap
tain George W. Klrkman for a writ of
habeaa corpus were finished in the United
States district court this afternoon and
Judge Pollock took th case under ad v tee
niest. He will render a written opinion
tormrrow or Saturday - -
Jndge Pollock stated that as th can
Involved a point which ha never been
ruled upon, h would carefully consider
this point and would give a written optrv
Ion Instead of an oral one. Klrkman was
In court today, but did not mak an ad
dress in his own behalf aa had been ex
pected. Klrkman asks for his release from the
United States military prison at Fort
Leaven wort I
READING MYSTERY UNSOLVED
No rxplaoation of Alletred Enjio? to
Obtain Control of Railroad.
HARRIMAN DENIES CONNECTION WITH IT
Stork Opea Lower and Volnme of
Transactions Only A bent One
I Third as Great aa
Wedaesday.
NEW TORK, March 7. Th ' excitement
In financial cfrcles caused by the heavy
buying of Reading shares yesterday, said
to be for the control of the property, died
out today and the market resumed Its gen
erally weak tone. No explanation of the
Reading Incident was obtainable officially
today, but th denials of Harriman Inter,
eat that they were In any way connected
wer, generally accepted In Wall atreet
and speculators were more Inclined to the
opinion that the buying waa for H. C.
Frlck. It haa been reported for some time
that Mr. Frlck sold out a considerable
portion of his holdings around 150 and It
waa held to be natural that he should take
back hi stock at the low prices of the
last week. It waa noticed that 125 seemed
to be the pries limit at which the heavy
purchases were made yesterday, and this
fact wa used as an argument against the
reports that stock was being taken for
control. In the contest for Northern Pa
rtita the shares were bought practically
without regard to the price. Reading
opened today at 122, or 2H points lower
than last night; the highest was 124fc. the
lowest m and the last sale was made at
119. The sales were 231.900 Bhares. Yes
terday 736,600 chare changed hands.
Market Opens Nervona.
Sentiment In Wall street was rather nerv
ous at the opening of the stock market,
traders being anxious to know whether
there was to be a continuance of furious
buying of Reading, which caused such a
furor and such abrupt change from weak
ness to strength in the general list yes
terday. Without confirmation of rumors that pur
chases were made to obtain possession of
the property, speculators were inclined to
regard the situation less, favorable for a
broad upward movement of prices and, the
flrtt transactions recorded by the ticker
were almost without exception at lower
prices. There was a quick upward turn
to quotations soon afterward, but this was
oon followed by a sharp reaction and then
another rally. From 11 o'clock until well
Into the afternoon prices moved In an
uncertain manner, the reactions being fol
lowed by rallies, but with the general ten
dency toward lower prices. A feature of
the trading was a renewal of the attack
on what are known as Morgan shares, Erie
and Southern Railway being the principal
aufferers. Erie fell to below 30 and Bouth
ern Railway to below 21. There wa no
news to account for the loss In these
stocks. At one time the Harrtman proper
ties showed a very strong tone. Union Pa
cific getting above 108 and Southern Pa
cific rising to 87i. These figure were not
held, however,' and the whole list turned
lower again toward . the. end of the ses
sion. The closing tone of . the market was
very weak, wflh the .mtire 'active1' snares
ahowlng'the following declnes from ytr'-'f
day's last prices: Readng, 8s; Loulsvlll
ft Nashville, Union Pacific, 1; St, Paul,
IS: Great Northern preferred. 2; Chesa
peake A Ohio, 3U, and New York Cen
tral U.
There waa none of the excited trading of
yesterday during the day's sessions. Total
aales for the day were 1,40.700 shares,
against more than 2,000,000 yesterday.
. Maa-nate Noncommittal.
J. J. Hill was asked to express his
opinion concerning Reading matter.
"I know nothing about Reading and I
don't want to know anything about it,"
he said, i
B. H. Harrtman arrived at nls office
shortly before noon.
"Don't aak m anything about Reading,"
h said. "Don't place me In a position
where I have to talk about that.' I don't
want to say anything about It."
Mr. Frlck was met on his way to the
meeting of th J'nlon Pacific executive com
mittee. Asked about the alleged deal In
Reading he ssld:
"I know nothing about Reading except
that It Is a pretty good road."
RUEF STILL EVADES ARREST
Federal Conrt Denies Writ of Prohi
bition aad Attorney File BUI
with State Conrt.
SAN FRANCISCO, March 7. Mayor Eu
gene Schmlt. appeared before Superior
Judge Dunne today and pleaded not guilty
to four Indictments charging him with ex
tortion. By agreement of counsel next
Monday was designated a the time when
a date for his trial will be set.
Success waa with the prosecution at al
most every turn in today's developments
In th Ruef extortion case. The most
notable Instance was In the district court
of appeals, where Justices Cooper, Hall and
Kerrigan denied Ruef's application for a
writ of prohibition to restrain Judge Dunne tn Standard Oil company and over fifty
from hearing any of the proceedings against other nonresident corporation and in
Ruef In the superior court, pending the dlvlduals, co-defendants with the Watera
determlnatlon of the accused man's appeal ' Pierce Oil company, In the suit filed by the
to the supreme court of the United States government at the instance of President
for a permanent writ of error, the effect i Roosevelt.
of which, If granted, would be to summarily ' Over a month ago a motion was filed
postpone the entire prosecution. by the defendants to the effect that It
While the attorneys for Ruef, who Is 1 wa not ln Jurisdiction of ths St. Louis
still In hiding, supposedly ln or near San ! circuit court to compel nonresident wlt
Franclsco, were hopefully awaiting th d- nesse to come here and testify In the suit,
ctslon of the appeal court. Judge Dunne i Arguments were heard before Judges San-
proceeded with the two case of perjury born, Hook, Adam and Van Devanter and
and conspiracy against Ruef and Chief 1 the Point at Issue was taken undr ad
of Police Dlnan. He was obdurat to th ' vlsement. Judge BanUarn wrote the
endeavors of Attorney Short ridge to win j opln'on-
delay for Ruef. Motions to strike the rasa ' Judge Van Devanter. Hook and Adam
from the files and to set aside the Indict
ments were denied, and to escape the Im
minent necessity of pleading at one Ruef's
counsel entered a demurrer which had
been previously prepared to meet thl.
emergency should it arise. Arguments on
thl. were set for tomorrow morning.
FIVE FR0ZEN TO DEATH
Mr. Ole Overby and Fonr Children
Meet Death la North Dakota
Bllsaard.
CHIPPEWA PALLS, Wia.. March T.
Aocordinr to word received here today
from Ole Overby, hia wife and four chil
dfen were frozen to death at their horn
ln Ward county. North Dakota, during th
recent cold spell. Overby wrltea that he
had been away from home for several
week and that upon his return he found
his entire family dead. Their home waa
fifteen miles from the nearest neighbor.
Tha family ran out of fuel and the woman
had burned all the furniture and very
thing also avallaUl-
OLD OREGON LAND SCHEMES
Witness In Itermnnn Case Revives
Memories of Mitchell
Regime.
WASHINGTON. March 7. That V.lnger
Hermann, formerly commissioner of Iho
general land office, and the late Senator
Mitchell of Oregon, "would hnve to be
taken care of," out of the proflta of the
land speculators depending oh the crea
tion of the Blue mountain forest reserve
In eastern Oregon, was testified to today
In the trial of Mr. Hermann. (Jeorge
Sorenson, a lumber and land broker of
Portland, Ore., who recently vas con
victed of conspiracy in land frauds In that
state, 'wa the witness. He waa producod
by the government after Attorney Worth
lngton succeeded In excluding a certain
letter purporting to have been sent by
Mr. Hermann to S. P. Mays, an attorney
of Portland. After ruling out thla let
ter the court allowed the witness to de
tail a conversation he and Mays had
concerning the transaction.
The"""Woa was, Mr. Sorenson safd, to
buy up the state school land In western
Oregon and then have a forest leserv
created which would include them. These
lands could then be exchanged for lieu
lands scrip. Each citizen, he said, waa
entitled to take up 820 acre of these
lands. Sorenson's part of the deal was
to acquire the right of the citlsen. Some
of these rights, he said, were assigned to
him without cost. The majority of the
assignments, however, he bought, paying
all the way from a glass of beer to 81
for each assignment which allowed him
to acquire S20 acres of land. In this way,
he said, he obtained for hlmsolf about
12,000 acres and for Mays, Jones and
Smith, the other members of the combi
nation about 30,000 acres.
Mr. Mays told them that there were
many expenses attached to the prelim
inary work of getting the reserve created
and there were several people In Wash
ington who would have to be taken care
of. Mr. McKlnley was willing to give
up half of his lands. Some time after
this 8orenson said May made the same
demand on him. He demanded to know
who It was In Washington who would
have to be taken care of. Mays replied:
"Hermann -and Mitchell." Witness said
he expressed a willingness to give up
some of his land to meet thla "expense
account."
ACQUITTAL F0R STROTHERS
Jury Fluds Men Who Killed Drother-In-Law
Not Gollty of
Mnrder.
CULPEPPER, Va., March 7. James and
Philip Strother, who have been on 'trial
her for the last two weeks, charged with
th murder of their brother-in-law, WIJ
llam F. Bywaters, were today pronounced
not- guilty by tho Jury. The twelve men
who tried the case, spent an hour and
thirty-two minutes in reaching their ver
dict. The court convened at 9-SO o'clock
and eight mlnutea- later th case wa In
the hands of the Jury. Th-n began -the
most trying test of the ordeal for the de
fendants. The strain was most apparent
on the face- of Philip Strother, the' young-ir
defendant, while . James, apparently waa
confident of a favorable verdict. He sat
In silence, listening to the comments of
Ms counsel, and occasionally offered wrrds
of consolation to his wife, who rat at hi
side. As the minutes sped by the strain
became mora severe, many in ths court
room . taking the delay as an unfavorable
s'gn to the accused.
At 11:30 the Jurymen, preceded by the
sheriff, filed Into the room. Silence fell
while the verdict was awaited.
"Gentlemen of the Jury," asked the clerk,
"have you agreed upon your verdict?"
"We have," replied Foreman Prloe, hand
ing the verdict to the court officer.
"We find the defendants, James nnd
Philip Strother, not guilty," was the mes
sage read aloud by the dark. The An
nouncement wa th signal fur an outburst
of approval, which Judge Harrison aulckly
silenced. James Strother reached for the
hand of Mr. Moore, one of his counsel,
and Philip was quickly surrounded by
their friends. Mrs. James Btrother, over
come by emotion, fell forward into her
husband's arms, sobbing knd exclaiming
her thanks.
When tha effects of the critical moment
had passed Judge Harrison addressed tha
Jury, as follows:
"Gentlemen of the Jury, I thank you for
a verdict which I think will be approved by
the public. It is an established precedent
in the state of Vlrglna that no man tried
for defending the sanctity of his home
should be found guilty."
After further words of approval from the
bench the Jurymen left the court room.
STANDARD OIL, LOSES POINT
I'nlted States Jnda-es Decide that Con-
rem
Is Properly la St.
Loots Court.
ST. LOUIS, March 7. Decision
handed down in the United States circuit
court today sustaining the order of service
ln ha United States supreme court against
concurred in tne aecision. ine attorneys
for the oil companies and the oil magnates
set up three reason why those not rest
dents of the eastern Judicial district of
M'80"1" should not be compelled to come
hers and testify in the trial of the gov
ernment's case. They were:
' First That the court was without Juris
diction to make the order bringing them
here.
8cond That the order waa prematurely
and Irregularly made.
Third That the enda of Justice did not
require that the . nonresident defendants
ahould be brought into this suit.
The decision today overrules these mo
tion. BRITISH STEAMER IS LOST
Twenty-Mine Bodies Float
Wreek OS the Coast
of Italy.
from
CAST ELLA M-ARE DI STABIA, Italy.
March 7. The British steamer Malaga was
lost in sight of this port during a severe
storm. Twenty-nine bodies hav come
aajwr from th wreck
PRIMARY TO BE OPEN
rree-for-A.ll Voting, Determined on Ij tat
Home in Committee.
NO PARTY AFFILIATION TO BE ANNOUNCED
Effort ti Secure Separation ef Yoteri U
Oppose Snocessfnlly,
SENATE FAVORS EXTRA PAY f OR OFFICERS
Sentiment! Expressed that Constitutional
Limit Works a Hardship.
WARM SESSION ON THE PURE FOOD BILL
i
Effort to Knoek Oat Clanso Pertain
Ing to labels on Patent Medt
elnea la Defented by Deci
sive Vote.
f7rom a Staff- Correspondent.)
LINCOLN, March 7. (Special.) The Joint
committee primary election bill was th
special order In the house today, and whll
less than half of It was gone over two
very important amendments were decided
upon. One to go back to the petition filing
plan and to knock out the filing' fee, and
the other for the cpen primary. It will bo
taken up again ln the morning.
It was very evident from th first th
friends of the measure who feared the leg
islators would not keep their pledge, to
the people had made a tie-up with the
democrats, giving ln exchange for their
support the open primary that Is a pri
mary where any person will be allowed to
vote any party ticket without telling hi
party affiliation. All of tha Douglas dele
gation was for the closed primary with th
exception of Dodge, Clarke being in. th
chair and not being counted. The motion
by Quackenbush for the open primary waa
carried, the vote being 68 to 80. It was over
this section the big fight occurred. Quack
enbush moved to strike out of section 17
that portion which provided the voter
should say with which party hs affiliated
and he should then be given the ticket of
that party. The gentleman from Nemaha
made a talk for his motion, saying it would
give the Independent voter an opportunity
to be heard and would result In fairness to
all.
McMullen opposed the amendment. "If
the amendment prevails," he said, "you
will lose the most admirable feature of th
bill. Wherever there Is an open ballot on
party will help to nominate the weak man
on the opposite ticket. It is the chlefest
fsult raised against the Minnesota primary
law. Such Is not permitted today Jn our
primaries ' or caucuses. The republican
party should not permit any other party
to disrupt It"
"If the amendment prevails, th primary
law Is defeated," chimed In Noyes of Cos.
Jennlaon for the Amendment.
Jennlann of Clay was for the amendment,
and among other things hs said: "Th
forces, of reform must stand together. Th
forces-of .corruption which .hay, held sway
hi this -tit) for so. (org have don so by
getting people ' to stand for party; Good
people have stayed away from th polla
rather than align . themselves with any
party. This amendment allow every on
to vote at the primary. The amendment
will tend to encourage independence ln vot
ing. This primary should not be for tha
purpose of knocking out fusion between
the democrats and populists. That Is a
wrong conclusion. We can whip the demo
crats and populists whether they fuse or
not."
"If th gentleman from Clay will tell us
how the bill change the present custom,"
said McMullen, "he will give us some In
formation. At a republican caucus now
only republicans vote and the same is true
of other parties. I care nothing about
fusion, but I do protest against a man
without a party coming Into a republican
primary and voting. It doe not prevent
him from being Independent ln his voting.
All he haa to say Is that he supported tha
ticket generally. He can vote at th elec
tion as he pleases."
Eller spoke' for the amendment, a did
Wilson of Custer, while Farley of Hamil
ton waa against the amendment.
Hamer Dreads Annihilation.
"If this amendment carries," ssld Hanier
of Buffalo, "it means the effacement of
party lines and the curtain will be rung
down on the republican party and its fifty
years of magnificent history. A great deal
has been said about the independent voter. ,
Why should they, who stand for nothing
politically, ask the privilege to nomlnat
the candidates of any political party 7 A
primary election is ln no sense an election.
It Is a system by which a party selscts can
didates to stand for certain principles. If
we have objected to dictators of party pol
itics In tho past, why should we allow an
other party to dominate our . party pri
maries 7 Why, If he does not belong to that
party, should he ask to help select th
candidate of thst party? Should thl
amendment carry there will be no Incentive
for party organization."
Raper of Pawnee wa opposed to th
amendment, while Lee of Douglas moved
that It be amended to provide It should not
apply to Douglas county, explaining ther
were certain Influence which if united
could dictate the nomination of both par
tie. He received no second to th motion,
and It was not put.
McMullen moved to strike out of section
9 the provision for the rotated ballot. Lee
opposed the amendment ar.d so did Parley
and Tucker and E. W. Brown and Cone of
Saunders, while Hill and Raper were for
the amendment. It was lost.
After considerable dlsrusnlon an amend
ment by Jennlson cutting out section 12,
providing for filing fees, was carried by a
vote of 67 to 22.
McMullen tried to cut down the hour of
closing the polls from 9 o'clock to 7, but
the motion was lost.
At 4 o'clock the committee arose and re
ported progress to sit. again tomorrow
morning.
Two-Cent Fare a Meaaee.
It developed when the discussion of th
primary bill began thla morning that th
2-cent passenger rata bill, which is now a
law, will rise up to haunt the republican
majority when It comes to carrying out Its
, pledge. As anticipated, the railroad will
use this as an argument to sidestep the
platform. In lis endeavor to get his own
limited primiry bill resd at the same time
the Joint committee state-wide bill Waa
read, McMullen of Gage called attention to
the fact that the republican, had not .tuck
to the platform in the matter of pa.aenger
rates and therefore the members should
use their Judgment In the matter of a di
rect primary - law. This talk came oa a
motion by Hamer of Buffalo to read the
McMullen bill and the committee bill be
fore discussing either. Wilson of Custer,
of course, waa for the motion and so was
Hamer and McMullen.
Speaker Nettleton said: "Th matter of a,