rrr , . . Tit, Bee I HE UMAHA UA1JLY V VOL. XXXVI-NO. 229. OMAHA, TUESDAY MORNING, MARCH 12, 1907-TWELVE rAGES. SINGLE COrY THREE CENTS. f READY TO BE GOOD Hallway Ifacnatei Aik for Conference with the President. WANT UNDERSTANDING WITH GOVERNMENT j Ttj They Wiih tj Allay Anxiety Beard- ri inc. Intmtnta. I P. MORGAN VISITS WHITE HOUSE Be ArrmeM for Four Railroad Presidents tt Eee Chief Eieontive. HARRIMAN MAY JOIN THE PARTY Dther Arc McCrea of Penneylvnnla, Hnghltt of northwestern, Kewsaan f Hew Tork Central and Mellon of New Haven. WASHINGTON, March 1L-J. Plerpont fclorgan of , Now York waa in conference with President Roosevelt for two hours to night. The financier came here at the re quest of certain business men of New York to discus the business situation, partic ularly as affecting the railroads. lie asked the president to grant an Interview to lour railroad presidents, which request was ranted. 1 ' The objoct of Mr. Morgan's visit wu to 1 Urge the president to take some action to "allay the public anxiety now tlireaten , lng to obstruct railroad investments and construction." Mr. Morgan pointed out to the president that the financial interests ' of the country are greatly alarmed as the attitude of the administration toward cor porations and particularly the reelroads. At. Mr. Morgan's earnest request Pres ident Roosevelt agreed to have a confer- ence with four leading railroad presidents, Messrs. MoCrea of the Pennsylvania, New man of the New York Central, Mellen of the New York, New Haven Ac Hartford, and Hughltt of the Chicago tt Northwestern, to determine if some agreement can be reached as to the relations between the railroads and the administration. It Is probable that E. H. Haniman, head of the Harrlman lines, may also participate in the conference, which, it is understood, will take place at the White House some time the latter part of this week. After boarding his train shortly after midnight to return to New York, Mr. Mor gan dictated to the Associated Presa the following statement: "At the request of many business men, before leaving for Europe, I came to Wash ington to see the president to discuss the pre.ient business situation particularly aa affecting the railroads. I suggested to the president that it would be greatly in the public Interest if he would see Mr. MoCrea, Mr. Newman. Mr, Mellen and Mr. Hughltt and confer with them as to what steps might be taken to allay the publlo anxiety Row threatening to obstruct railroad Invest ments and construction so much needed and especially to allay the publlo anxiety as to 5w .4hs relations between the railroads and r' the ' government Th president said ha , ' would be glad to see the gentlemen named with this end in view." SOME IRISH FEEL INSULTED Postcards Bearing- tferieatsrre of th Hu Cau't Pablle Meet las; la Chleaa-o. CHTCAOO, March 11. Postal cards dep recating the Irish are to o tabooed by members of the Celtic raoe and Postmaster General Meyer is asked to bar from the malls the objectionable pictures. Resolutions to that effect were adopted at a meeting of the Ancient Order of Hibernians held here last. night. John T. Keating, a former member of the Board of Education and one of the leading members of the Ancient Order of Hibernians, stirred those present to enr thuslasm by his vigorous protest against the cards, which he characterised aa aa "insult to every Irishman and woman." The meeting was attended by BOO mem- bera of the order. "I .want to voice a protest against the caricaturing of the Irish raoe on the al leged comic or souvenir post cards," said Mr. Keating. "Never has a greater insult been heaped upon any race or people than these vile cards are doing to the men and V omen of Irish blood. "They are disgraceful and a libel on ths Irish physiognomy. "I claim that my ancestors and youra were as comely aa any race of people under the sun, and the Irish women of today are noted for their facial charms. These post cards that caricature the Irish as plug' UgUea are libels of the grossest nature." ADMIRAL TALKS OF PEACE t-ora Charles Bereaford Says Battle bias Are Iaanranee of People Asalaat War. BAN FRANCISCO. March llA-Lord Charles Bereaford. admiral of the British channel fleet, has arrived here on his re turn from Texas, where he has been set tllng ths estate of his brother, ths lata Lord Delaval Bereaford. The admiral still believes In battleships In spits of the International project of disarmament. "Ths people have become the arbiters of peace," he said in an interview yesterday. They realise the horrors of war and that battleships are cheaper than battles. War Is ae longer determined by parliaments and potentates and the people look upon the coat of battleships as an .insurance rate. That Is what I have always aald and I believe It still. I have told your people that." LIVE STOCK LAW INVOKED Lake shore Railroad Is Ckarced wttk fifteen. Violations of Tweaty Elabt-Hoar Statate. BUFFALO. March 11. Vhltsd States IHotrtct Attorney Bass has Died fiftevj ccmplaint. brought by th. gov.rnm. nt Mtl.fled w,th It. first diplomats relations against ths Lake Shore Michigan Boi.tli- wlth tn, Holy ., ern Railway company for violating ks, , Buhop -Gorman replied that all th. T '"""V0 tn.portattor. ct Phlllpplna Que.Uon. brought before him u .. .CmP r U6"Mat U ,n ".en settled to th. satl.fao- . iTl 1 th m"lmun Polity lm. tl0 of partlMi wltn th. ,xceptl(,n Ti'oe mttnt r'"tl"" ! of th Plu tru,u C- Wh,cU he ald , . was on the way to a settlement. Cardinal Ths federal law Provide, that eattl. Rampolla took advantage of this occasion .hall nt be kept confined in a railroad MalB t0 prlU th. hUn of pomicM, car for a period of more than twenty. faJrneea displayed tn 10 by President eight consecutive hours unl..s an rxten- Rooaavelt and Secretary Taft and be eva sion of time is grant.d by the owner of treated th. two great republic., th. the cattle upon request of the transport i- I United Statea and France, In their lo tion coinpenlea. when th. Ume luay be . spectlv. atiitudea la the management of toadod to UUrty-slx hours. eoclealaatioai affairs. SUffilARY OF TIIE DEE Tneaday, March 13, 10O7. 1007 sua mom MARCH TVt WtO TNW 1907 rat tat 2 0 16 3 10 17 4 II 5 6 12 13 7 An 18 19 2 V 25 26 v V 8 29 30 T jATXEJs. FORECAST NEBRASKA Snow In north, rain or si. In south portion Tues day; cnlrlpr. Wednesday fnlr. FORI0CABT lim IOWA Rain and colder Tuesday. Wednesday fair. Temperature at Omaha yesterday. Hour. Deg. Hour. Deg. 6 a. m 35 1 p. m.. ....... 41 t a. m 36 1 p. m. ........ 41 7 a. m 85 p. rn. . i 42 8 a, m 15 4 p. m 42 9 a. m 85 6 p. m 41 10 a. m 81 6 p. m 48 11 a. m 88 7 p. m 48 12 m.. 40 8 p. m 42 9 p. m 41 ' X.KQXB1VATXVS. Effort led by McMullen to have primary bill recommitted to committee of the whole for amendment making party decla ration at primary necessary. Action is deferred until today. Senate postpones for a day the terminal taxation bllL Child labor bill recommended for passage in the senate after being amended to exempt from Its provisions farm labor. Page 1 Railroads bring In all their force of lobbyists In combined effort to defeat pending legislation. General Manager Holdrege of the Burlington in command. rage 1 Committee decides to report bill cutting oft board graft at Douglas county Jail, but law not in operation during present term. rags I Claims committee hears further testi mony on Fisher claim. Money not passed for deed to land until last Saturday. Page 1 BOMXSTIC. Structural iron workers and shipbuilders go out at Cleveland, Buffalo, Detroit and Superior. rage a High water cornea to Vermilion, B. D., and government engineer not certain dyna mite will remove the gorge. Page 3 Dosen persons injured in riots attend ing attempts to run street cars In Louis vllle, Ky., and service Is abandoned for the day. rags a District Attorney Jerome is blocked in his attempt to discredit testimony of Mrs. Harry K. Thaw, but gets much of his evi dence before jury by his speeches. Page 1 romxzov. " Russian Duma, passing on credentials cf members, has much work. Page S Premier of Bulgaria la assassinated and other members of cabinet Injured, Page 1 Speaker Cannon visits the Porto Rico House of Delegates and makes an address, Page a VZBKA8XA. Railway commission finds demand for cars in Nebraska more than double the aupply and says the condition is due to the slow arrival of cars from eastern con nections. . Page a X.OGAX Scottish Rite Masons hold reunion. - Page Coal dealers testify In ."Coal trust" case regarding action of association. Page 4 John Rasgorshek, Injured by unidentified parties six weeks ago, dies as result. ' Page T E. II. Harrlman has hard task to carry out plans in face of sentiment. Page 12 Martin Kaatle, man who caused Dowie to become excited In New York, visits Omaha. Page 4 SPOUTS. Jake Schaefer wins world's champion ship at 18-1 billiards from Oeorge Sutton. Pa-e a Morris O'Nell announces backera of St. Joseph club in Western league and gives assurance town will have a good team. Declares the Western association an out law which will be fought to the finish. Page a SUGAR REBATE TRIAL BEGINS Lackawanna Railroad Charged with Making- Unlawful Allowances to Haveneeyer Combine. NEW YORK. March 11. The trial of the Delaware, Lackawanna & Western railroad, charged with granting rebates en sugar shipments from Brooklyn to Buffalo and points west, began today before Judge Hough In the federal court. Assistant United States District Attorney Wise in his opening statement said be would show that the augar company got an advantage of one per cent per 100 pounds during 1902, 1!8 and 1904 over lta competi tors on all sugar shipments to Buffalo and two cents per hundred pounds on shipments beyond that city and that tbe contract had been made with the knowledge of Presi dent Trueadaie and other officers of the road. Augustus P. Thompson, freight claim agent of the road, testified that he paid all freight claims made upon the company and produced a memorandum handed him by P. J. Flynn, the general freight trafflo manager of the Lackawanna road, stating that an extra allowance on all sugars shipped over the Delaware. Lackawanna A Western railroad should be paid to Lowell M. Palmer, consisting of 1 cent per 100 on all shipments to Buffalo and I cents per hundred to all points west of that city. BISHOP 0'GORMAN IN ROME Sooth Dakota Prelate DUcaaaea Affairs of Philippine Brotherhood with Cardinal Rampolla. ROME. March 11. The Right Rev. Thomaa O" Gorman, bishop of Sioux Falls, 6. D., had a long conference tonight with Cardinal Rampolla, formerly papal secre tary of state. While filling this post the cardinal had taken part In the negotia tions with the United. States in the matter of tbe religious brothsrhodds in the Philip pine islands and he was anxious to be In formed concerning present conditions in the Islands, lie asked Bishop OOorman wnetner tne American government waa MORE TALK THAN EVIDENCE ArciaenU Between Lawyers Oocupiet Al Day in Thaw Trial. JIROME STRIKES A SOLID WALL Hot Allowed to Attack Mrs. Thaw Bad All Attempts to Discredit Her Story Are Eacladed by tbe Coart. NEW YORK, March ll.-On the first day of the state's case in rebuttal at the Thaw trial District Attorney Jerome today came to a temporary standstill against the prac tically solid wall the rules of evidence have built around the story of Evelyn Nesblt Thaw. Mr. Jerome began to attack the story aa soon as court opened this ittorn- lng. There ensued a well nlsh ceaseless battle between the prosecutor and Delphln M. Delmaa. leading counsel for the defense. at the end of which Justice Fltsgerald up held the rule laid down at the beginning of the trial that young- Mrs. Thaw's story was admissible only aa tending to show the effect it might have had in unbalancing the defendant's mind and that lta truth or falsity is not material. Mr. Jerome tried to avoid this rule by declaring he was endeavoring merely to show by Inference by circumstantial evi dence as to facts and details In the story that Mrs. Thaw could not possibly have told the story .to her husband. Although be will doubtless be blocked by the same rule when the time comes. It is said the district attorney may attempt in the same way to prove an alibi for Stanford White on the night he Is alleged to have maltreated Miss Nesblt. Day Spent In Ara-nment. Nine-tenths of today's session was spent In argument, and In nearly every Instance Mr. Delmas won bis point as to the law, while Mr. Jerome in the very argument ltaelf had got before the jury a perfect knowledge as to what his witnesses would have testified to lisd they been permitted. The district attorney called ten witnesses during the day, but aside from drawing from the state's eye witnesses to the tragedy the opinion that Thaw seemed ra tional the night he shot and klllad Stan ford White, little real headway was made. Lining up all his forces in rebuttal, Mr. Jerome decided to open his light by at tacking Evelyn Thaw's story. He called Frederick W. Longfellow, formerly an at torney for Thaw, and asked him first con cerning the cose that Ethel Thomas Is al leged to have sued Thaw for damages be cause of cruel treatment. Mr. Delmas ob jected, but before Justice Fitzgerald sus tained ths objection and ruled out the ev idence, Mr. Jerome declared: "The story of the girl tied to the bedpost and whipped by Thaw Is the story of Ethel Thomas. This poor girl is now dead." Here Mr. Del mas objected to the district attorney's re marks and the latter began an attack along a different line. He showed Mr. Longfel low the photographic covy of the affidavit Evelyn Nesblt is said to have signed In the office of Abraham Hummel, alleging that Thaw treated her cruelly -while abroad In 1908, because she "would not tell lies against Stanford White." 1 ' Mr. Jerome followed thls-ap by asking the witness If Mm. Thaw had- not turned over to Mm certain papers' to which she had subscribed. Mr. Longfellaw said she had. There was a long argument between Mr. Jerome and Mr. Delmas, at the conclusion of which Mr. Longfellow turned his entire examination to naught by declaring that Mrs. Thaw had nsrer shown him a paper similar to the Hummel affidavit in any way. He thereupon was excused without cross-examination. Police Officers Testify. ' Police officers who saw Thaw ths night of the tragedy declared he acted ration ally. Captain Hodglns of the Tenderloin precinct, however, qualified his answer te the question by saying once that "for a man who had Just committed murder, Thaw acted rationally." This- waa stricken out and he aald: "Well, his eyes had a stare and a gase auch as they show as I now look at them." This answer also was stricken Out and finally the captain de clared: "Well, he seemed more rational than ir rational and that's the best answer I can give." Many, of the witnesses called by the state during the presentation of tbe case in chief were recalled today. All ' declared Thaw aeemed rational. Mr. Jerome called Dr. Rudolph Wltthaua, a chemist and expert In poisons. The dis trict attorney framed a hypothetical ques tion covering Evelyn Nesblt Thaw's de scription of her night with Stanford White in the Twenty-fourth street studio house and asked if there was any known poison which would oause insensibility in two minutes and permit of the quick recovery testified to by Thaw's wife. Around this vital point, opening up as it did a path through which- the prosecutor could march his forces In attack upon the truth or falsity of Mrs. Thaw's story, the storm of argument raged for an hour or more. Mr. Jerome pleaded with Justice Fltsgerald at great length. Mr. Delmaa In reply cited Mr. Jerome's own words at the beginning of the trial. At that time ths district attorney had the court Instruct the jury that young Mrs. Thaw's testimony was permissible only as tending to show what effect its relation to Thaw may have had In unseating his mind. The prosecutor said that under the rules of evidence he would not be permitted to attack the truth of the story. "Now," said Mr. Delmas In conclusion, "he Is attempting to do that very thing." Attempt to Discredit Mrs. Thaw. Mr. Jerome said he was not attacking the truth of the story- Hs waa calling for an expert opinion to the effect that no known drug would produce the effect testified to by Mrs. Thaw. "My question indicates th. answer I ex pect to get to this question," aald Mr. Je rome, "and if I can show there is no such poison In th. world, If I can ahow in ahort that there was no such occurrences in the Twenty-fourth street house as testified to, then it is for the jury to Infer 'whether or not Evelyn Nesblt told her story to Thaw in Paris in 1." Justice Fltsgerald sustained Mr. Delmail objection. When lata in the afternoon Mr. Jerome called Jamea Clinch Smith, a brother-in-law of Stanford White, to the stand another long argument ensued. Mr. Smith waa on Madison Square root garden the night of t,h tragedy. Hs kn.w Thaw and smoked with him that ivtnlnf. lta uM Thiw In the aisle for a moment after raachlna- his seat, looking over the audience Intently. Mr. Delmas objected and thla was stricken out of th. record. The attorney for the de fease also objected to Mr. Smith's testify ing at all. saying he should have been pro duced during the presentation ef th. case In chief. Mr. Jerome aald Smith waa Id Europe when tha state a caaa Brat was presented. H. threw himself upon th. dla cretlon of th. court and Ui. matter was pending whan adjournment until tomorrow was ordered. CALIFCRNIANS GO SLOWER Artloa on Anti-Japanese Laws Post poned at Reojaeat of President Roosevelt. SACRAMENTO. Cal., March 11. Presi dent Roosevelt has again appealed to the legislature of California to stop all Jsp anese legislation. The president, has sent a telegram to Governor Gillette urging that the legislature suspend all Japanese leg islation and expressing the fear that the action of the senate Saturday In passing the two Japanese bills and a resolution may render Ineffective his efforts to secure exclusion of Japanese laborers by friendly agreement with Japan. The governor transmitted ths president's telegram to the assembly this morning where action was to have been taken today on the two bills and the resolution adopted by ths senate, with a message recommend ing and urging that the president's re quest be acceded to. On Btanton's motion the assembly by a viva voce vote decided to take no action on the btlls on file. The message Is as follows: Action of legislature reported In this morning's papers most unfortunate In ef fect upon my efforts to secure exclusion of Japanese laborers by friendly agree ment, and if Continued will probably render recent legislation of congress for thst pur pose Ineffective. Please secure suspension of further action until receipt of letter from me. THEODORE ROOSEVELT. The action referred to by the president was the passage of the bill limiting the age of children when first entering primary schools to 10 years; the measure prepared by the Japanese-Corean Exclusion league submitting the question of Astatlo exclu sion to a vote of the people and a resolu tion protesting against Japanese naturali sation. ' The message created something of a sen sation in the lower house. Orove L. Johnson arose, expressed his confidence In the governor and president, believed the matter should be left to them, and moved It be the sense of the assembly that no action be taken on the Japanese question at this session. WASHINGTON, March 11. Further than an admission that the president had com municated with Governor Gillette regard ing the action of the California legisla ture in regard to the Japanese school question, no statement on the subject was obtainable at the White House today. The letter following the president's telegram to the governor on the subject may be given on t at the White House when it is received by the governor. NEW PLAINTIFFS IN EDDY SUIT Second Conaln and Adopted Son Join In BUI of Eqalty as Next friends. CONCORD, N. H., March 11. Fred D. Baker of Epsom, N. H., a second cousin of Mrs. Mary Baker O. Eddy, and Dr. E. J. Foster Eddy of Waterbury, Vt., Mrs. Eddy's adopted son, have become parties plaintiff as ' "next friends" of Mrs. Eddy to the bill In equity brought to secure an accounting of her property against leaders of the Christian Science church In joining In the bill In equity Dr. Foster Eddy says in bis petition that he has e tome "convinced that Mrs.- Eddy is' ahd for a long time has been Incapable of in telligently conducting or receiving an ac count of her business and property and j that the same Is being managed wholly by the defendants without- giving a proper accounting thereof." Fred W. Baker in his petition says that he is a second cousin of Mrs. Eddy and that in September, 1R96, he was sent by his employers to examine and repair and alter certain carriages of Mrs. Eddy's. He made known to Mrs. Eddy his rela tionship to her and she treated him cor dially. Inviting him to remain In her house, which he did one night. She Invited him to visit her wdth his wife and children at any time. Mr. Frye, however, told him that he ought not to make that visit. During the next three years he wrote to Mrs. Eddy twice, offering to avail him self of hrr invitation to visit her, but he received no reply, and he believes that she was not permitted to see either of the letters. In September, 1905, he said, he decided to make an effort to see Mrs. Eddy. He went to Concord and to her house, and Mr. Frye refused him the privilege of seeing her. He believes, he said in his petition, that Mrs. Eddy la virtually a prisoner In her own house, that she Is kept secluded by the defendants, Frye and others, and that she is not capable of managing her own business. Mrs. Eddy sent her carriage today for her counsel, former Congressman Henry M. Baker, who made a long call at Pleaaant vlew, and on his return he said he had dis cussed with Mrs. Eddy both personal and legal matters. He said that she waa In her usual health and spirits and that while aha was concerned about the pending pro ceedings, he did not think they would have any injurious effect on her. MINERS FORM OWN UNION Nevada Oold Diggers Withdraw from Indastrlal Worker of the World. TONOPAH, Nev., March 1L The miners here have decided to sever their connection with the Industrial Workers of the World and form a union of their own. At Goldfleld great excitement has been cauaed by the labor troubles. Nearly half i ot th" population Is patrolling the streets. i Jhn Sl,v waa '"ed laat night and Joe Smith of the Industrial Workers, is under arrest. A big parade Is planned for to morrow as a demonstration against th. In dustrial Workers. Yesterday the first shift of miners of the Consolidated companies at Goldfleld was called off by th. Industrial Workers of the World as the carpenters would not join their order. The I o'clock shift went on as usual, declaring that they would no longer be dictated to by th. agitators. SAGER BEFORE COURT-MARTIAL Eighteenth Infantry Officer Charged with Intoxication aad Abseneo Without Leave. LEAVENWORTH. Kan., March 11. A court martial to try Lieutenant O. W. i Baer of the fantonth gantry, charged with violation of th. sixty-second article of war tn failing while Intoxicated to prop erly attend to hla duties, convened at Fort Leavenworth today. Lieutenant Sag.r pleaded guilty to th. charge of being intoxicated and falling to answer official correspondence, but pleaded nut guilty to the charge of being absent without leave. Lieutenant Sager served through ths Spanish-American war la th first Illinois volunteer Infantry. RAILROAD LOMYISTS BUSY Brincisc ia All Their Torcet in Effort to Defeat Ltciilatios, OLD GUARD AND SOME NEW ONES PRESENT Committee Give Hearlna- on Dooa-tas Connty Jail Graft aad Decides to Report Bill Cattlaa; It Off. (From a Staff Correspondent.) ' LINCOLN, March fx (Special Telegram.) That the railroads are bending every en ergy to block the railway legislation de manded by the people is clearly evidenced by tbe Influx of railway lobbyists, high and low, who are now gathered here so thick that no one can move without running into one of them. The list of railroad manipu lators tonight Includes for the Burlington Ganeral Manager Holdrpge, Tax Commis sioner Pollard, W. A. Dllworth, Lee SpraU len, Frank Young , Superintendent Br ram for the Union Pacific, Attorney Edson Rich, Tax Commissioner Scrlbner, Charlie Lane and the redoubtable Bob Clancy for the Northwestern, Ben White and Bob Mc Glnnls. General Manager Holdrege came down In his private car, arriving about t o'clock, and brought with him the bulk of this delegation to join the retinue regularly retained here. The attitude of the fuslonlsts on the terminal tax Mil has not yet been fully disclosed, although It Is known that quite a few of them will support the measure Fries of Howard Is one member of the minority who was In the legislature four years ago and cf that time voted for the proposition as an amendment to the rev enue bill then pending. At that time the fuslonlsts were almost all lined up for terminal taxation under the lead of Eoomls of Dodge and fourteen of the house mem bers of fusion persusslon reeored them selves for terminal taxation. Under all these circumstances It is not to be expected that the minority membera will volunteeer to pull railroad chestnuts out of the fire. Cnttlna- Off Jail Graft. All the members of the (Douglas county board of county commissioners were in conference tonight wlth the house com mittee on fees and salaries over the bill, to put an end to the jail feeding graft After threshing the subject out, with Sheriff McDonald present, the consensus of opinion was that the bill should be put through for a contract to supply meals to the prisoners, and that the sheriffs salary should be fixed at $4,000 without any per quisites, both propositions to go into effect January 1, next. This would leave the present aherlff to serve his term out under existing law and make the change simul taneous with the advent of the next sheriff. The Pullman lobby, consisting of Tomas Benton and Frank Ranson, bumped up against a stone wall today when it tried to head off a bill by Harrison of Otoe, to reduce Pullman charges In this state. The hearing waa before the house railroad com mittee, and the Pullman spokesmen waxed eloquent in pleading the poverty act. Tomaa Benton had figures to show that the Pullman company ought to be In the alms house because It waa losing money all tha time on lta Nebraska business. Ran som insisted, as of old. that the Pullman company la not a common carrier at all, but Simuly a hotel keeper on wheels, and suggested that people would like it better any way to have the prices up high so as to keep the common herd out. The com mittee decided on a twenty per cent re duction, Instead of a thirty per cent re duction In the bill aa originally Introduced, would give relief for the present and will ao report. The same committee, after listening to J. II. Butler of Omaha representing the co ordinated expresa companies, concluded to report favorably on a bill to reduce express company charges twenty per cent as well, except so far as they might show the railway commission that auch reductions are unwarranted. MORE LIGHT 0NFISHER CLAIM Mosey Paid by Fisher for Deed TleJH Vp by Government Until Laat Saturday. (From a Staff Correapondent.) LINCOLN, March 11. Special Tolegram.) The house committee on claims spent an other session tonight Investigating th. Goedde claim against the state for escheated land In Sioux county for which Captain Al len G. Fisher filed a claim for tAOJO in 1901 and 111.600 in 1908 and 1906 and for which Her man Kaup of West Point now . asks $1,500 for the belrs. It turned out at the fanner hearing that Captain Fisher ha. a deed for the property signed by th. helra in Ger many. B. L. Scoville of the First National bank at Chadron waa the principal witness be fore the committee tonight. It was through his bank the deed was transferred to Mr. Fisher. Mr. Scoville said Fisher had paid $960 for the deed Sunday, January 20, and the following day had tied tha money up by garnishment asserting Kaup was threat ening to make him trouble. The money remained tied op until last Saturday when the garnishment was released and the money sent to Germany. John H. Llndal. of West Point, who rep resented Kaup, testified, he had an agree ment with Fisher to get one-third of all Fisher got from the legislature above $1,000, which was to go to th. helra H. said h did not know anything about the deed until b. read about It in the newspapers. Let ters from Fisher to Lindale were Intro duced, in one of which, dated In 1901. 1 Fisher says h. has hired a "well known lobbyist" to help get the claim through the legislature. The lobbyist is not named. In another Fisher tells of the rejection of the claim and says he will have to wait for a more liberal legislature. In 1901 Fisher wrote htm another letter refusing to go ahead with the claim because his com- pensatlon In hla power of attorney Is lim ited to XI. Uk. The committee took no action. Andrew Rosawater, C. O. Lobeck and City Attorney Burn am appeared before the municipal affalra committee ot the senate tod-vy on the bill to give the city engineer control over th. expenditures for publlo works in Omaha. Mr. Rosewater defended the bill and Lobeck and Burnam oppostd it, declaring it would give the city engineer too much power. 1 KANSAS TWO-CENT FARE LAW Hewae Passes least Meaanvo for BOO Mil Interchangeable Mlleaa-o Book. TOPEKA, Kan , March 11. Th house this afternoon adopted the senate two-cent fare bill It provides for 600, LOCO and lOuO-mlle mlloage books, lbs lOOv-inU books t ba Interchangeable. SENATE RESUMES INQUIRY Committee Takes Mere Testimony Re-arardlsa- Dliwharga of Colored Tronp at Brownsville. WASHINGTON, March ll.-The Inquiry by the senate committee on military af fairs. Into the affray at Brownsville, Texas, which resulted In the discharge without honor of a battalion of the Twenty-flf th In fantry, Was resumed today after a ten days recess. The members of the committee present were Senatora Warren, Scott, For- aker, Lodge, Hemenway, Bulkeley, Warner, Foster, Pettus and Overman. Walker Mo- Curdy, former quartermaster sergeant of company B, testified that no soldiers had left the barracks and Jumped over the wall on the night of the trouble. Joseph H. Howard, formerly of Company D, testified that he waa one of the twelve men arrested for complicity In the shoot ing and that when the balance ot the troop prepared to leave Brownsville, Major Pen. rose called at the guard house and said: "If you men had told what you krow about this affair, you would not be In here. It you know anything about the shooting you want to tell It." Mr. Foraker asked the witness If he had been given an opportunity to plead the charge against htm. "No sir." waa the reply. "Then I give you the chance now," what do you plead?" "Not guilty," answered the witness em phatically. "I suppose, of course, you would tell us If you were guilty," sarcastically com mented Mr. Overman. "Yes, air. I would teH," said the wit ness. Alexander Ash, formerly a private of company D, testified that he was on guard on the night of August IS. He heard two shots from the county road and then horses running toward Allison's saloon from which direction he heard several mors shots. OIL WITNESSES RETICENT Employes of Rockefeller Combine Provoke Rebnko from Jnde Landts. CHICAGO. March 11. Several former employee of the Alton railroad testified in the Standard Oil case today and Identified papers showing' that the company snipped oil from Whiting, Ind., to St. Louis during the tlmo covered by the Indictments. The shipping orders showed the consignee to be either th. Waters-Pierce or th. Repub llo OH company in St. Louts. Considerable difficulty Was experienced in obtaining evidence from employes of the Standard Oil company. Judge Landls finally Interfered In th. case with on. wltneia, whose answers he considered un necessarily brief, and said If the wUness was able to answer tho questions h. must do so, but if h. did not know he must say so. The attorneys for the prosecution brought into court during the afternoon a. large quantity of way bills of the Chi cago St Alton Railway company, which Indicated a charge of 18 cents per 100 poifnds upon oil shipments from Chappcll, III., to East Pt. Louis. The way bills covered the shipments routed in the ship ping orders identified by clerks of the oil company and which directed that som ef the shipments were to be sent over the Chicago & Alton railroad and the Wiggins ferry, aorae having tho Eadi bridge at St. Louts as a destination. The greater portion of the afternoon waa taken up with identifying these orders. Several of the employes of the OH company were called to the stand to testify regarding the details of prepara tion of routing and shipping cards. DISASTROUS DAY FOR RUEF State Supreme and Federal District Conrts Rule Against His' Appeals. SAN FRANCISCO, March 11. This was the most eventful, and for the defense the most disastrous day, thus far In th. prose cution of alleged municipal graft in San Francisco. Among the many fast following inci dents of a day full of strenuous and di rect results, the following were :hlef: The supreme court of California denied Ruef s application for a writ of prohibi tion -to restral.i Judge Dunne from pro ceeding to try him on the grand jury extortion Indictments in the superior courts. Th. decision of the court follows: We are satisfied that If the writ of error, if It was properly granted, does not operate aa a stay of proceedings In the court having Jurisdiction over tho Indict ment. Th. petition is denied. Judge Do Hahen in the' United Status district court refused Ruefs petition for a writ of habeas corpus having In view practically the same end, and denied Ruof the night to appeal from this decision. Mayor Bchmlts demanded a separate trial and his case waa set for hearing to morrow, but to follow the trial of Itutf. Ruefs counsel filed an affidavit of bias against Judge Dunce and announced that tomorrow they will ask for a change cf trial judges. FRANK ROCKEFELLER IN SUIT Brother of Oil Magrnata Alleges He Was Deceived When II Bought Mine. 8T. LOUIS, March J4- Frank Rockefeller, brother of John D. Rockefeller, who ar rived from Cleveland yesterday, J her to attend the trial of a suit In th circuit court ' which he bad instituted agalnat Henry Goes to recover fc',Ouo. whloh h claims was left in a mining deal. In his petition Mr. Rockefeller sets forth that on October 1, 1900, h. entered Into a deal with Goes to pure has. a lead mine, paying $3X.0OO for th mines and $06,000 for Improvement. H charge that th. mln. did not com up to th. representations. In bis answer Goss denies that any misrepre sentations war mad. Th cas was called for trial today. BULGARIAN PREMIER KILLED M. Petkoff, Mlalster of tho laterlor 1 Assaaslnatad at ofta. SOFIA. March U.-M. Petkoff. th pre mlsr and minister of tha interior, waa as sassinated today. M. Petkoff, with other ministers, was walking in th Boris garden when attacked by an ur.know man who fired at him with a revolver. Th premier was wounded by three bullets and died Instantly. M. Geumadiaff, th minister of commerce and agriculture, who was one of tbe mln- Iisters accompanying M. Petkoff. was in jured la th aruf DEBATE ON PRIMARY Effort to Hare Bill Recommitted to Etrike Out Open Primary ProTiaton. M'MULLEN OF GAGE LEADS THE FI6HT IngiiU There Wat lo Oooailoa for Tleop with the FniieukW MOTION FINALLY GOES OYER FOR DAY Discuuion oa Terminal Taxation Foit toned Until .Tuesday. FAVORABLE REPORT ON CHLD LABOR BILL Secured Only After 8 peel do "Aaaend anent Exception; front Its Pre visions All Labor on Farms Except In Beet Fields. (From a Staff Correspondent.) LINCOLN, March H. Special. The house spent the entire afternoon In a dis cussion of a motion by McMullen of Gaga to recommit the primary bill for th speclflo amendment which would leave the bill aa It was originally drawn by the Joint com mittee and while the matter was finally put ever until Tuesday morning on a motion by Clarke of Douglas, a motion to table the McMullen motion was lost by a vote of $6 to SS. This vots was a followa: Yeas Artama, Illr4. Bolen, Hrown, B. W. Brown, B. ( rllu, rlarka, Con. Dodo, rttinraa. Slier. Mays-. Bar, Barnes, Beat, Blyatnna, Buckler, Hyram, Culdlca, Farley, Fletcher, Ollmao, Glelm, Green, Frano, rrlw. Kunk, Oreli, Harrlioo, Mnrphy, NeB, Pilser. QitaclcenhQlh, liedmona, echneUfert Bmlth, Stale. tint, Weeme, TVerthlm. Mr. Bpeaker SS, Korea. Baper. Benkel, Helena, Hnrr, Howe. Jenlana, Kelfer, Kohl. . Marlalt, Metis r, Hamer, Haneea, Hill, Johnsoa, KHIen. Knowlea, liahnerm, Leader, Lee. Line, lxtredon, MrCullnUSh, McMullen. Htohan Rohrer, Rhubert, Eprtnser, ThflleMO, White, Whlthem. Will Hasemelttar, Absent and not voting Alderaoa. Hart, Talbot, trmalrona, Harrey, Tucker, Barrett. HeOernan, Van Hmaw, Brown, M. T. Howard. Vopatenaky, DaTle, Junes, Whitney. Doran, Meckay, Oraa, Btelnauer, MeMnllen tor Committee Bill. In talking for hla motion McMullen told the house he desired the bill to be recom mitted solely for the purpose of striking out the open primary section and leaving tho bill practically as it had been originally drawn by the joint commute. H as sured the house he waa for the state wide primary and he believed every republican in th house would vote for it and there fore there was no occasion for a tie up with the fuslonlsts by a few ot the repub licans. .He bad made publlo his position on the primary questions h said at th outset. He was for hip own bill, but when h saw there was no chance tor that to bo passed be waa heartily In favor of passing a good stat wide primary bill. He quot4 that W. J. Bryan in th Commoner had advocated that every peraon voting at a primary should tell- his party affiliation. The newspapera, be said, had not been alow to point out the disastrous results ot the adoption of such an amendment. Ho advocated republicans getting together and ' not in a few breaking away and tying bp with the fuslonlsts. Jenlson accused McMullen of being unfair In calling up the matter when- there were ao many absent. When the roll waa called a call of the house waa mad before th vote was announced and while under th caU of the house Quackenbush (fuslonlat) spoke against the McMullen motion and ho aald the objections urged to th open pri mary by McMullen were th same objec tions raised by those political manipula tors who did not want to be released front their power. ' Farley apok In favor of th motion to recommit and aald ha would support a pri mary law auch aa contemplated in th re publican stat platform and such a one as drafted by the joint committee. Hamer of Buffalo waa for th McMullen motion and ha advocated In a dramatis apeech tbat the house, fix the bill In decent shape befor sending it to the aanat. Ha aasured the house the senate would knock off the house amendment and then th re publicans would have to paaa th bill, and the time to fix it waa now before It went to th senate. There was never any reason to bellev th primary bill would not pass without a tie-up with the fuslon lsts. And to say th primary law waa not a party measure be said was foolish, for if it was a good thing th republicans would be given credit and if bad ths repub licans would b blamed for It. The repub licans, he said, could not avoid th respon sibility, but must meet It, II said h did not bellev th amendment adopted waa what a majority of the hous wanted, but they had adopted it as an expediency when th necessity was not real but fan cied. Doda- for Bill as It Hands. Cone spoke against th McMullen morion, aa did Dodge, who was Interrupted by Ha per, who asked him If the Douglas county primary waa not closed. Dodge assured him It was. but It did not prevent the demo crats from voting aa republicans If they registered as such. He said also that while many business men and others ob jected at first to telling their party affil iation they were gradually getting over It, Lee spoke for the McMullen motion and be told the house it would bo much more honorable to fix the bill now a It should be than to have to tak the senate amend ment when the bill came back. H waa sura there had never been aay reason for an alllanc with the democrats on this measure or any other measure In ths re publican stat platform. Jackson waa opposed to having th btTl recommitted and he aald th men who war trying to get it recommitted had been th one who bad fought th primary from th first. Th bill as amended he said was fair to all, and tt should go to th aenat in that condition. McMullen In closing his debats said ha waa surprised at Dodgs, who for some years made a special sturly of primary law and who had advocated tha closed primary, should be won over to th open primary in five mlnutea. Clarke closed the discussion by moving to postpone farther consider ation until 11 o'clock tomorrow, which was carried by a vote of 44 to W. Many Bills Killed. Th senate this afternoon used th cholo roforra process on a number of measures of more or lea general Interest, an un usually larg number ot bills being; killed. Among these were Jettison's anti-lobby- bill. Patrick's bill to permit lb boglnnlnsj ef civil suits by serving original hvtlo oa