"A
Fhe Omaha Daily
HEWS SECTION
Pages 1 to 10
For all ths) New
T H R OMAHA DEE
Best .P. West
.if.
VOL. XXXVI-NO. 239.
OMAHA, SATURDAY MORNING, MAECII 23, 1DQ7-TWEXTY PAGES.
SINGLE COPY THREE CENTS.
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THAW JURY EXCUSED
Jades Fitirera'd Gites the Fasel a Beoeii
Until Wednesday Mornine.
LUNACY COMMISSION UNDER ADVISEMENT
YJJeienss Will tile Usanter AiiidaTiU at
" ' Thii Afternoon's Session.
JEROME WILL REFLY MONDAY AFTERNOON
Court Will Deoide Whether Hearing ii
Necessary by Tuesday Msraina;.
DEFENDANT AND FAMILY IN COURT ROOM
"Vents In Good Spirits mm Says
Dora Kot Frtr Lnntrr Coramli-
Ion Ilartrldse Replica to
Jerome's Strictures.
Ha
NEW YORK, March 22.-The Thaw Jury
was brought before Justice Fitzgerald In
tho supreme court today and told they nwd
not attend the trial again until next
Wednesday morning. Justice Fitzgerald
aid he would reculve affidavits of the de
fense In answer to the suggestion of Dis
trict Attorney Jerome that Harry K. Thaw,
on trial for the murder of Stanford White,
Is at the present time In a condition of
mental unsoundness which makes him in
capable of advising Ms counsel or under
standing the proceedings against him.
Justice) Fitzgerald has designated tomor
row afternoon at 2 o'cloca as the time for
the defense to present Its affidavits In the
clerk's oftlce. He stated today that the dis
trict attorney might have until Monday to
make response to the showing of the de
fense.
Clifford Hartrldge of Thaw's counsel
stated today that the affidavits to be pre
sented In Thaw's behalf would be made by
his attorneys and the various alienists who
hmve appeared for the defense. These afft
df.vits merely will state that Thaw at pres
ent Is able to advise his counsel and fully
understand the proceedings against him.
letters to lie Submitted.
"That Is all the law requires us to say,
eald the attorney. "It Is not a question as
to whether he Is of unsound mind at all;
the only question at issue Is whether or
not he understands the proceedings against
him. We claim we can produce overwhelm
Ing proof that he does. We will also submit
documentary evidence Thaw's own writ
ing."
When Justice Fitzgerald took his place on
the bench today all the members of the
Thaw family were seated In the court room,
and when Harry Thaw was called to the
bar he seemed surprised and delighted to
find them present. They had all been ex
cluded ever since the taking of testimony
was begun. Tha prisoner bowed to each
member of the family group In turn and
they all smiled at him confidently.
Of Thaw's counsel neither Mr. Delmas
nor Mr. Oleason was present It was gen
erally understood the proceeding was to be
but a formal adjournment of court until
. usHce Fttigerftld hur had, time to1 satisfy
Ms conscience as to whether a commission
9 in lunacy shall be ordered.
Hearing; Mar Be Heemsrf,
As tha short session was formally opened
District Attorney Jerome suggested that
the Jury be excused until Tuesday morning
next. Justice Fitzgerald thought Wednes
day would be early enough and he so In
formed the Jurors and they Immediately
withdrew.
Justice Fitzgerald then told the attorneys
that if he desired a hearing In the matter
of the proposed commission he would In
form them by Monday evening or Tuesday
morning.
After the Jury had retired Justice Flta
fjerald said that on yesterday Mr. Hart
ridge had attempted to be heard.
"I understand," he continued, "that he
had something to say in the matter of ad-
Journment. and I would not allow Mm to
proceed. It occurs to me now that he
might hve desired to make a statement
with . reference to the district attorney's
remark that he served notice on the counsel
of record that if they possessed In
formation he believed to be In their pos
session he would call the matter to the
Attention of the appellate division. I will
bear Mr. Hartrldge now if he so desires."
Before Mr. Hartrldge could reply Mr.
Jerome came forward with a statement.
"I did not mean to charge Mr. Hartrldge
with unprofessional conduct," said the dis
trict attorney, "but I stand on what I said
that If I find at the conclusion of the trial
. that they had possession of knowledge
W whlch would lead one to believe they had
derstandlng the proceedings against him I
would take the matter up. If my remarks
were construed as charging unprofessional
conduct I was simply unfortunate In my
expression."
Mr, Hartrldge said:
The district attorney's remarks were
liven the widest publicity and 1 did want
to have an opportunity to reply. What he
aid to nie was in the course of a private
conversation at which no one else was
present. It was only a suggestion that If
anything developed in the Hue of what
ho has pointed out he would take the
blatter up.
Not Hiding; Testimony.
I replied to Mr. Jerome by telling him
that If he thought our client was Insane
he should come out and say so. Ha
tnswered that there was a big difference
elwoen official opinion and unofficial
Dpiiilun; ttiui If he was convinced olllclally
Uil iiiury Thaw was insane he would
come out and say so. He also said that
we ought nut to suppress any testimony,
which would tend to shed light oil the de
fendant a plenum mental condition. 1 told
him we were not hiding or suppressing
anything. He wanted to know what wo
Intended to do wun regard to the tesllmon
of Dr. Klngainuii. and lr. Dee mar, the
Thaw family ihyalclun and asked if we
would ieriuit mm to examine tnem In his
tme. I said we had nut the slightest ob
jection so long us I could be present at the
examination. This examination took place
a n J It our understanding that any
thing tha physicians said was to be
presented to this court. We tiled to get
the testimony of these physicians before
the Jury at the beginning of this trial, but
Wit was rultxl "out on technical legal 0b
f lections Interposed by the district attorney
When these doctors Went back to Pitts
burg it was with the expressed under
standing announced In court tnat they
would return whenever the district attorney
desired.
That was all that was said with regard
to the mippression of testimony. Now your
honor will see that Instead of suppressing
the testimony of these wllni.i-.bra, Wt)
brought them here, placed them on the
stand and at last went to the extreme of
allowing the district attorney fully to ex
amine them In his private office.
Mr. Jerome said he had nothing more
to say at this time and court adjourned.
What Mt) Be Done.
If Justice Fitzgerald decides to appoint a
commission In lunacy It will consist of three
nen:brs-an alienist, a lawyer and a lay
nan. The alienist must necessarily be one
who has not figured In tha case. The coin
pjaaion. if chon n. will examine Thaw and
report to the court, if It were to find him
(CuuUuued ua Ttar4 JVC-)
SUMMARY OF THE BEE
Saturday, Msrrh 2.T, HT.
1907
Sua mo a
MARCH
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ATKES.
FORKCAB-K it N K B HA S K A Partly
cloudy Friday !h.i Saturday.
f UKrA'Aa l t UH 1UVNA rartiy ciouay
Saturday and SundHy. Variable winds.
lemnerature at Omaha yesterday:
Hour. Dog. Hour. Dog.
6 a. m i2 1 p. m b&
na. in
7 a. m
8 a. in
8 a. ni
CI
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63
67
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p. m
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12 in
JVSOISXaTXTB.
The house at Lincoln passes the senate
terminal tax bill with slight amendments,
the vote being 68 to 40. Sixteen of the
republicans voted against the bill and five
of the fusionists for It. Page 1
The senate at Lincoln votes to amend
the law affecting tho sheriff's office as
far as Douglas county Is concerned, fixing
the salary at $4,000 a year after January
1, 1908, and making the Jail feeding sub
ject to contract. rag's 1
DOMESTIC
Governor Cummins at Iowa celebration
says national constitution is lnadoquate
for latter day problems. Paga 18
Abraham Ituof says he may moke a
statement that will cause a great sensa
tion. He Intimates that charges against
him are result of plot to steal city gov
ernment. Page 1
Rev. Dr. W. X.. Tenney, who Is con
sidering a call from First Congregational
church of Omaha, has received a call also
from First Congregational church of Sioux
City. Paffs 18
Thaw Jury is excused until Wednesday
morning. Judge Fitzgerald has question of
lunacy commission under advisement. De
fense will file affidavits this afternoon and
prosecution will reply Monday. Page
Krror Is discovered In Hut of guns used
at Hrownsvllle and Secretary Taft calls
for original entries; negro under arrest at.
Houston said to be man who confessed
at Galveston. Page
J. Ralph Burton, released from prison
In Missouri, says he has no enemies to
punish and will devote his life to axl
vocatlng better governmental system. Ho
will edit a puper. Para 9
Dun's review of trade shows that business
Is unusually heavy and Jobbers are rushed
with reorders. Demand for Iron and steel
still exceeds the supply. .Page 8
WaSHIXOTOS.
Senator Burkett Is preparing bill along
lines requested by Nebraska legislature to
prevent railroads and other corporations
taking tax cases Into fedeal court. Page 1
President disapproves verdict of court
martial which acquitted Captain Koehler.
Secretary Taft in reviewing the case says
approval of finding would make it neoes-J
sary to try General Wood by coirrtl
martlal. Paffa 1
Effective April 1 municipal government
on canal zone will be abolished and con
trol of towns placed in hands of a board
named by commissioners. Para
POKEXOV.
Paris bears that records of nuncio of
Vatican seized by government contains
papers which will cause some embarrass
ment to statesmen. Para 1
IEBU8ZA.
After twenty-seven years of litigation
the 8chellenberg land case has been com
promised. Decree Is entered at Fremont
Par 3
Letter from Brink, on trial for murder
at Ponca, Is Introduced showing eagerness
to meet Miss Newton and "talk over mat-
tors." Pars S
XjOCAA.
President B. L. Wtnchell of the Rock
Island system takes no stock In talk of
panic as result of agitation and action
for reform in railroad matters. Para 4
Seven-story apartment house of latest
and most modern design and construction
will be erected at northwest corner of
Thirty-eighth and Farnam streets by EJ. S.
Rood, costing $125,000. Page 10
Effect of terminal tax law In Omaha
will be to raise assessed property valua
tion ao as to give $5,000,000 more from
which to derive upward of $100,000 or
$120,000 revenue for city purposes.
Para 4
Mayor Dahlman issues proclamation for
all people of Omaha to co-operate toward
cleaning up rubbish from the city Satur
day and also one week from Saturday.
Pare e
John L. Kennedy says the amount of
the appropriation by congress for river
improvements which Omaha gets depends
entirely upon the industry of Omaha busi
ness men in looking out for the city's own
interests. Para 4
BPOBTS.
Secretary Farrell of National Association
of Base Ball Leagues gives out terms Of
contract by which Topeka franchise was
transferred to the Western league.
Para 13
Brunke and Neale of Omaha make good
scores In bowling contest at St. Louis and
will get part of money m two-man team
clasa. Par 13
EIGHT-HOUR LAW CONSTRUED
Secretary Taft Itnlea that It Affects
Only Mechanics and Laborers
on Dredge.
WASHINGTON. March 22. Secretary
Taft haa reconsidered his original opinion
of March 7 relative to the eight-hour law
In its application to employes on river
and harbor works. Then he held that tho
law applied to every person connected
with the work on dredges and steamers of
various kinds, while he is now of the
opinion that It affects only mechanics and
laborers and does not change the present
hours of work of captains, cooks, deck
hands, pilots and the like.
BUTTE TO HAVE NEWS AGAIN
Prlntera and FublUhera Settle Differ
ences and Papers Will Resume
Publication.
BUTTE, Mont.f March S.-The differences
between the newspaper publishers and the
members of the Typographical union .were
settled tonight by the printers voting to
return to work at the publishers' terms.
The adjustment whs brought about by John
Faker, national organizer, acting under
direction of President Lynch of the Inter
national Typographic! union.
KOEHLER CASE IS REVIEWED
Freiident Disapprotea Verdict of Court
Martial Which Acqu t el the Captain.
FINDING REALLY AGA.N5T GENERAL WOOD
Secretary Taft Sara Approval of
It Woalil Make Trial of (gen
eral by Court-Martial
X ternary.
WASHINGTON, March 22. President
Roosevelt tonight announced his disap
proval of the finding of acquittal In the
case of Captain Lewis M. Koehler, Fourth
cavalry, U S. A., cavalry commander at
Jolo, Philippine islands. Captain Koehler
was charged with using disrespectful lan
guage In an appeal from the action of Gen
eral Wood, who reprimanded Captain Koeh
ler for making charges against jwajor
Scott, commanding officer at the Jolo mili
tary post and civil governor of Jolo, and
who was charged with conduct unbecoming
an officer and gentleman in making un
founded and malicious statements regard
ing his commanding officer and with In
subordination. The first court-martial sen
tenced him to be reprimanded and the sec
ond court-martial, on which today's action
was based, acquitted him.
The president's order follows:
THE WHITE HOUSE. WASHINGTON.
March 22. 1WF7. The proceed In if s. flndlnas
and acquittal in the case of Cnptain Lewis
M. Koehler, Fourth cavalry, U. 8. A., are
disapproved. I entirely concur In all that
the secretary of war snys of Captain
Koehler, and of General Wood, and of the
foor showing made hy tha court which
ast passed on the ense.
THEODORE ROOSEVELT.
Taft Hrilrni Cnae.
Secretary Taft In his letter says:
Captain Koehler Is an officer with an ex
cellent record for courageous service in
the field and for attention to duty gen
erally. He distinguished himself at the
battle of Mount bajo. Captain Koehler
made himself very annoying to Major Scott
by captious Insistency that Major Scott
should be In his office at certain times and
should discharge his duties as military
post commander with the same decree of
promptness that he would have done had
he not the additional duties of civil gov
ernor. The friction became so great that
Cnptain Koehler filed charges against
Major Scott.
Major Scott Inter filed charges against
Captain Koehler. A court-martial found
Captain Koehler guilty of preferring capti
ous and unnecessary charges against his
commanding officer. In reprimanding Cap
tain Koehler under the sentence of the
court-martial. General Wood declared that
Captain Koehler's conceptions of the stand
ard of conduct and uprightness as they
exist In the army "wore distorted to n
degree not found In the Just and fair
minded, and that he should cultivate their
habits of true soldierly subordination, which
the evidence in the case showed him to
lack."
Captain Koehler appealed to the secretary
of war, alleging he was practically denied
counsel; that the department commander
was tne accuser or prosecutor ana tnjt
the court erred in overruling the plea In
bar of trial based on that fact; that the
reprimand was harsh and excessive and
that an application for a court tw Inquiry
on the charges made again to Major Scott
were denied, and characterizing the depart
ment commander's acts as unfair, unjust
and Illegal.
Referring to the reprimand. Captain
Koehler said that "the severity, even to
harshness, of the reprimand shows preju
dice, Mas unfairness and a preconceived
conviction that I was srullty as originally
charged. I wae harraoaed and handicapped
at the trial toy the feelllng that I wae
belnleaa end at the mercy of a wuperlor
who would make use of every unfair ad
vantage to harm me and to protect his own
personal friend. Major Scott."
Verdlet la Disapproved.
General Wood called the attention of the
War department to the appeal and sub
mitted the question of disciplinary pro
ceedings. A court-martial was then ap
pointed which acquitted Captain Koehler.
Secretary Taft's letter continues:
I have no hesitation in saying, after a
full consideration of the matter, that the
finding of the first court-martial that Cap
tain Koehler was guilty of filing captious
and unnecessary charges against his com
manding olficer. was fully sustained. His
statement in his appeal that he was prac
tlcully denied counsel cannot bo supported.
He might have had counsel had he been
willing to take any but two persons who
were otherwise engaged on public busi
ness. The charge that the department
commander was the accuser or prosecutor
In the first trial was founded solely on the
ground that he directed a court-martial on
the charge of Major Scott after an In
spector had reported that the charges of
Captain Koehler against Major Scott were
unlounded. Considering the evidence of the
first court-martial, 1 think the language
of the reprimand was sufficiently within the
finding on the evidence. The granting of
the application for a court of lnoulry was
within the legitimate discretion of the
commanding officer, and as the matter
could be much more shortly disposed of by
the court-martial, rather than a court of
Inquiry, the action of the commanding
general could not be made the basis for a
claim that he was malicious or 'unfair in
his ruling.
I have gone over these matters carefully,
for thry constitute the whole foundation
for the charge made by Cnptain Koehler
that General Wood was unfair and unjust
and would resort to any means to harm
Captain Koehler and protect Major Scott.
No evldenoe, other than as stated above
n auoiajic, was sumruiieo by the ac
cused In support of the aspersions con
tained in his appeal, except the fact that
Major Scott and General Wood had pre
vious friendly associations. In that Major
Scott had been upon General Wood's staff
and that General Wood had rcnvmended
him for the iioeltlon of brigadier gerural.
The mere fact that a commanding officer
la a friend of a prosecuting witness dots
not prove that his action ordering a court
niartliil or sustaining its findings was
prejudiced or malicious. It was in evldenoe
that General Wood had only the slightest
acquaintance with Captain Koehler and no
occasion for personal feeling egajnut him.
Verdict Really Acainst Wood.
After much consideration I am convinced
that this finding of the court involves af
firmative inferences and conclusions of fact
that cannot be supported by the evidence.
You, as the reviewing authority, are put
in this position that if you approve the
findings you necessarily affirm or approve
the statement derogatory to (General Wood
contained In the appeals, and if you do so
approve those statements, then It would
become your duty, as commander-in-chief,
to order General Wood before a court-martial
for pe verting hla power as department
commander to accomplish an unjust and
unfair purrxwe against his subordinate offi
cer. You cannot In Justice to General
Wood find any evidence In the record to
sustain the bringing of such proceedings or
the tlndli) of a codrt against him.
A reviewing authority may mitigate a
sentence, but it cannot change a finding of
an acquittal to one of conviction, it can,
however. In any case, disapprove the en
tire proceedings and refuse to confirm a
finding of acquittal. The effect of this is to
set aside the proceedings as If they had
not been commenced. Hy this course you.
as the reviewing authority, are not Involved
In the logical eonswjuences with r-spect to
General Wood which must follow an ap
proval of the verdict aj already explained,
and Captain Koehler is simply restored to
duty. This is the view of the Judge adv,
CAte general, in whose recommendation I
fully concur. Very respectfully.
WILLIAM H. TAFT, Secretary of War.
ACUTE FAMINE IN CHINA
Christian Herald Bends fto,fMK
Washington for Van of Hed
Croaa Society.
to
WASHINGTON. March J2.-Dr. Louis
Klopsch of the Christian Herald has noti
fied the State department that his tele
graphic advices from China show such an
acute condition there that he is sending
to the Red Cross at WashinRton $M,0C In
addition to the $lon,'nO worth of fixd sup
plies which he will place on the army trans
port Buford at Baa Francisco next month.
CHECK ON DODGING OF TAXES
Senator Markrtt Preparing Rill Along
Lines Asked hy Nebraska
LeRlalatnre.
(From a Staff Correspondent.)
WASHINGTON, March 22. (Special Tele,
gram.) Senator Burkett today received
copy of a Joint resolution passed by the
Nebraska legislature, memorializing the
rongres of the Vnited State to pass n, law
to prevent railroad companies from enjoin
ing the collection of state taxes. The sen
ator has replied "to the legislature that he
will present the resolution at the opening
of congress1 and that he also rxpects to
prepare and Introduce a bill to cover the
point It Is known that the senator has had
this legislation in mind for a considerable
time, in fact, has drafted a bill which,
according to his ideas, will meet It. He de
layed Introducing it. however, until the
decision of the supreme court In the Ne
braska tax case should be rendered. Inas
much as the point covered In that case was
the SHTne as he hoped would be reached by
his bill. The decision did not come out
until the day before congress adjourned,
and It was therefore too late to accomplish
anything by legislation. He expects to take-
It up early at tha next session of congress.
Klttrrdae Goes to Isthmus.
Senator Klttredge of South Dakota ar
rived today In Washington and Is a guest
at the New Wlllard. Senator Klttredge re
turns to Washington to Join Secretary
Taft and his party, who leave tomorrow
afternoon for Charleston, S. C, where they
will board fhe United States Steamer May
flower on Sunday for a trip to the Isthmian
canal gone.'-
AlIlaoA on Ilnllrnnd Question.
Bcnator Allison of Iowa, left Washing
ton today for his home at Dubuque. When
asked his opinion as to the advisability of
legislation for the extension of government
regulation of railroads. Senator Allison de
clined to speak for publication.
On the larger question of the relative
Jurisdiction of the federal government and
of the states in control of railroads and In
dealing with modern economic questions
Senator Allison, referring to the debate
now running In a magastne between Sena
tor Beverldge of Indiana and William J.
Bryan on the Issues likely to figure In the
next presidential campaign, said:
"The Interesting question In , this debate
Is whether Mr. Bryan and Senator Bever.
Idgn will be able to make two platforms
between them.
"As I understand It, their purpose Is to
differentiate between the position of the
two parties on the leading Issues. Now,
Mr. Beverldge Is working in the Interest
of measures like his own antl-chlld labor
bill. He wants the powers of federal gov
ernment extended. On the other hand, Mr.
Bryan, although taking a stand opposite
to Mr. Beverldge, Is working all the time
for his policy of government ownership
of railroads.
"This debate, of course. Is largely ele
tiwintary, but the questions upon which It
touches will be threshed out In detail In
the next congress and as often as the
questions come up for legislative action
Meantime, from the activity of the discus
sion the public will learn to think more
ami study more the problem of retaining
lr -thte state tho authority which is theirs
fchd clothing .the fedoVal government with
the powers It needs to deal with great prob
lems like the regulation of railroads.
"Mr. Beverldge must be alert, for he has
in Mr. Bryan an able antagonist, who
knows how to evade aa well as to assert.
Inspecting; College Military.
Captain Ulysses O. Alexander, general
staff, will proceed to the places specified
for the purpose of making the annual In
spection of tho military departments of the
educational Institutions named: Nebraska,
University of Nebraska, Lincoln: Iowa,
Simpson college, Indlanola; State university,
Iowa City: South Dakota, South Dakota
Agricultural college, Brookings; University
of South Dakota, Vermilion; Wyoming,
University of Wyoming, Laramie.
Minor Mnttera at Capital.
The People's National bank of Albla, la.,
has been authorized to begin business with
a capital of $75,000. Lafe S. Collins Is
president, J. S. Moon, vice president, and
B. P. Caatner, cashier.
The Irving National Exchange bank of
New York and the Hamilton National bank
of Chicago have been approved as reserve
agents for the United States National bank
of Omaha.
Rural carriers appointed for Iowa routes:
Ankeney, route 1, David N. Esslck, carrier;
Anna Esslck, substitute;, Bon Durant, route
1, Harry Lee, carrier; Mary M. Tj, sub
stitute; LeGrand, route 1, Ira M. Gaunt,
carrier; Walter Weltzel, substitute; Mystic,
route 1, Doctor C. Haines, carrier; Cora
Heseltlne, substitute; New Albln, route 1,
Frank Kelley, carrier; John Kerrigan, sub
stitute; Peterson, route 2, George H. Mil
ler, carrier; Hiram E. Davis, substitute;
Waterville. route S, Michael J. Kelly, car
rier; John B. McCormick, substitute.
Iowa postmasters appointed: Beloit, Lyon
county, Mrs. Anna C. Henderson, vice
Ellen M. Morton, resigned; Mertden, Chero
kee county. Nelson C. Buswell, vice J. E.
Jones, resigned; Randolph, Fremont county,
Lewis O. Clark, vice James H. Wylle, re
signed; Superior, Dickinson county, D. B.
Smith, vice E. J. Olson, resigned.
MARVIN BOY IN ENGLAND
Police at Portsmouth Have Child that
Answers Description of Kid
naped Baby.
WASHINGTON. March 22. Third Assist
ant Secretary of State Wilson tonight re
ceived a cablegram from the American
consul at Portsmouth. England, saying the
authorities have a boy who answers the
description of Horace Marvin, kidnaped
recently from Kltts Hammock, Del. Dr.
Wilson Immediately conferred with Presi
dent Roosevelt regarding the matter and,
acting on the president's Instructions, for
warded the message to Governor Lea of
Delaware. Mr. Wilson stated tonight that
this government stands ready to co-operate
with the state officials in every possible
way In the efforts to solve the kidnaping
case.
DOVER. Del., March K. Dr. H. N. Mar
vin, whose S-year-old boy disappeared on
March 4. tonight teiegruphed President
Roosevelt asking for aid In the search for
the child.
"As a sorrowing father of a missing
child." says the telegram, "I make bold
to ask if government aid can be extended
along two lines. Many threatening letters
are sent me every day saying my boy may
be killed by his supposed captors and It
causes me much expense Investigating
these. They thould be looked Into.
"I have sent out pictures and notices re
garding my kidnaped boy, and I am told
postmasters are not allowed To display thein
In public buildings. The Delaware legisla
ture has voted $2.'"XI for the search of the
boy and has aided me In every possible
way, but I believe a word from you to the
federal authorities may be tha greatest aid
of aJi.1
RUEF PROMISES A SENSATION
Fayi Clarefi Are Fesnlt of Attempt to
Eteal th City Quternment.
CALHOUN MAY APPEAR BEFORE JURY
President of United Hallways Will Be
Asked to Testify Xo Attempt
Made to Remove Super
visors. SAN FRANCISCO, March 22-It was
stated today at the prosecuting attorney's
office that Patrick Cnlhoun, president of the
UnKed Railways company, would, upon his
arrival here from New Tork. be given an
opportunity to appear before the grand Jury
in connection with that body's Investigation
of the alleged bribery of the supervisors
In the matter of an overhead trolley fran
chise granted the United Railways company
last May.
From the same source It was also learned
that a number of secret Indictments which
have not even been trusted to the secret
file for fear that their contents might leak
out. are not all against one person, but aro
said to contain the names of several.
Abraham Ruef said to the Associated
Press today that he Is considering the
preparation of a statement to the public,
and declares that when he tells his story
It will contain sensations equal to the dis
closures of the alleged confessions of the
supervisors. He expressed tho opinion that
the Investigation now going on was In
furtherance of an organized attempt to
seize the municipal government and as
sorted that it was "government by Indict
ment," Instead of "government by Injunc
tion." Dunne to Hear Cnaea.
The sixty-five charges of bribery against
Ruef were today assigned by Presiding
Judge Coffey to Judge Dunne's department
of the superior court. They will be placed
on the calendar tomorrow and arraignment
set for some day early next week. To
avoid posBihie conflict between the chief
of police or the sheriff and Elisor Biggy
no bench warrants will be Issued on these
indictments.
It may be tho Irony of fate that the
former residence of Mayor Schmltx, In
which he resided when elected, and often
entertained and tllned Ruef, and where
tho mayor and the political boss laid many
of their political campaign plans, may be
come Ruef's prison for some months. The
present owner is attempting to rent It to
Elisor Biggy as a place of detention for
Ruef when he takes the latter away from
the St. Francis hotel.
Supervisor to Remain.
The true reason for the determination of
the prosecution to take no immediate steps
toward removing from office the super
visors was disclosed this afternoon. Dis
trict Attorney Lagdon Btated that In 'order
to remove them It would bo necessary to
prove the charges against thorn. This
would compel the prosecution to bring for
ward all Its evidence and thereby disclose
Its entire hand before the trials of those
who are or will be Indicted. . Assistant Dis
trict Attorney Heney declared that the
mayor, having the appointive power, could
flltha vacancies croaked -by tha removal of
the 'supervisors with men on whom the
investigators had no hold. To overcome
this obstacle It would be necessary first
to remove the mayor and this Heney ad
mitted, the prosecution was In no position
as yet to do. It also developed that the
district attorney would run counter of the
same law that defeated the attemp of Ruef
and Acting Mayor Gallagher last fall to
remove District Attorney Lagdon and put
Ruef In his place. While summary pro
ceedings could be taken to remove the
mayor, the Issuance of a writ of probable
cause by some Judge would act as a stay
of proceedings during appeal, and by re
sorting to technicalities, the settling of the
appeal might be delayed until the mayor's
term of office had expired.
The grand Jury did not meet today, but
will hold a short session tomorrow, at
which time the Investigation of the alleged
telephone deal will be resumed. No Indict
ments are expected to be filed tomorrow.
Jury Will Be Guarded.
The same care and watchfulness that haa
marked the custody of Ruef will be exer
cised In guarding the Jury against any pos
sible ouulde influences when his trial be
gins. Instead of a bailiff or the sheriff
having charge of the Jury, District Attorn
ney Lagdon stated today that the Jury will
be placed In charge of Elisor W. J. Biggy.
This is said to be the first time in the legal
history of the United States that an elisor
has been appointed by a court to apprehend
a defendant and given such power to keep
him In custody during trial. Up to the
present time the ordinary functions of an
elisor haa been perfunctory and but appoint
ment was usually for the purpose of draw
ing, returning and taking charge of Juries
when the sheriff or other proper officers
were disqualified.
The present appointment of an elisor ex
tends only to the one charge of extortion,
for which Ruef is on trial, and does not
apply to other indictments.
In order to appoint the elisor to take
charge of Ruef during the trial of the other
cases, It will be necessary to show that the
aherlff and other reg-ular offlcera are dis
qualified. The report that there Is dissen
sion among Ruef's attorneys seems to be
borne out by the fact that they no longer
confer with him together, but visit him
singly.
Ruef was In much better spirits when
seen this afternoon. He submits gracefully
to the restraint placed upon him and ex
pressed his appreciation of the courtesies
extended to him by Elisor Biggy and his
guards. .
When told that Mayor Schmltz's former
residence may become his temporary prison,
Ruef Jokingly said: "Why not take my
house T I offer the elisor my home for the
purpose."
NEW INVENTION BY MAXIM
Fuse that Will Cause Armor Piercing;
Shell to Explode at Right
Point.
NEW YORK, March 22. Hudson Maxim.
Inventor of high explosives, made the
dinner tendered Sir Percy Sanderson by the
Canadian club tonight the occasion of the
first announcement concerning a new
safety detonating fuse, which he has In
vented after ten years of experimenting,
and which, he declares, bad been the aim
of Inventors for years.
By It, he said. It la possible to send an
armor piercing shell through armor and
cause It to explode at exactly the distance
behind the armor desired by the gunner.
It will not matter whether the armor Is
one Inch or twelve inches In thickness, the
Inventor sas.
The dinner was held In recognition of
what Sir Percy Sanderson has accomplished
while British consul general at New York,
.a post from which he recently resigned.
WARM WEATHER IN THE EAST
Thermometer Registers ninety In
Washington and i:iahty In
Plttshura.
WASHINGTON, March 22. According
to the United States weather bureau to
day was tho hottest March Any ever ex
perienced in Washington. The tempera
ture reached Its highest point at 4 o'clock
this afternoon, when the thermometer reg
istered 90 decrees. The records of the
weather bureau for the last thirty-seven
years show that tho nearest approach to
this mark was on March 22, 1SSH. when
the thermometer registered S3 degrees.
The temperature went up SO points from
( o'clock In the morning, when It regis
tered 40 degrees, until 4 o'clock In the
afternoon, when the rocord-brcaklng mark
was reached.
The official advices received tonight
show thnt the Ohio valley was the orljt
other section nffected by the hot eruve.
The official forecasters predict cooler
weather by tomorrow night.
DETROIT, March 22. This was the
warmest Mnrch day in the history of llio
local weather bureau. The thermometer
reached 70. J at 3 o'clock this afternoon.
The previous record was 75 degrees on
lurch 81, 1876. Inspector Conger of tho
weather bureau says that the Indications
are for another twenty-four hours of the
unusual l eat.
PITTSBURG, March 22. The mercury
registered 80 degrees In this city today.
The temperature Is the highest recorded
during March for over thirty years.
CLEVELAND, O., March 22. -The tem
perature today reached a maximum of 7S
degrees. The day was the warmest thus
nr this year and a record-breaker for the
corresponding day of previous years. Tho
highest temperature was reached at 11:30
this morning. It remained at that point
until about 4 p. m.
COLUMBUS, O., March 23. All March
weather records for twenty-eight years,
embracing tho existence of the Columbus
weather bureau, were broken today when
a temperature of SI. 4 decrees was recorded.
The highest previous record for the month
was 80 degrees on March 29.
CALIFORNIA J5T0RM BREAKS
Rivera Are Falllnnr Rnpldly nnd nail
way Communication Is Pnrtly
Restored.
SAN FRANCISCO. March 22. The storm
which has hung over California has been
broken and conditions) everywhere are
greatly improved. The rivers running
through the great Interior valleys, which
flooded vast tracts of land and threatened
several cities, have fallen rapldjy and no
more damage from this source Is appre
hended. Telegraph communication, which
for a time was Interrupted, In every direc
tion, has been restored.
The railroad blockade has been partially
lifted, but on the Shasta route cannot bo
resumed for several days, and the coast
line to the south may be tied up for two or
more days. The Santa Fe and Southern
Pacific, by a combination of tracks, aro
able to get trains through the San Joaquin
valley.
The Southern Pacific and Santa Fe lines
east from Los Angeles are open. Indica
tions are for more rain In Southern Cali
fornia. OGDEN, Utah, March 22. Railroad traffic
In every direction from Ogden is demoral
ized. The Southern Pacific has scheduled
a train from Sacramento to arrive late
this evening without eastern connection,
and no attempt la made to run regular
trains.
PORTLAND, Ore., March 22. Train
communication has been re-established be
tween Portland and San Francisco, but In
stead of traveling direct via Southern
Pacific railway passengers are beln
routed by way of Ogden nnd thence to
San Francisco. This necessitates a trip
of 1,161 miles, or 8S9 miles more than
the distance by the Wllliamette valley
line. The ordinary first-class rate to
San Francisco, Is $20, but by way of Ogtln
a charge of $55.90 Is made.
WASHINGTON, March 22. The weather
bureau tonight announced Unit the flood
situation In the valleys of California con
tinues very grave. The stages of water
are tlio highest on record, with a further
rise Indicated for tho next two or three
days over the lower portlona of the two
main rivers.
DOCUMENTS 0FTHE VATICAN
Paris Flsuro Tells of Papers Taken
from Kunclature by
France.
PARIS, March 22. The Figaro, a paper
with Catholic sympathies, says that the
documents seized at the papal nunciature
here after the expulsion of Its secretary,
Monslgnor Montagnlnl, included a dispatch
from Cardinal Merry del Val, the papal
secretary of state, advising Monslgnor
Montagninl to give the Catholics free rein
to oppose the taking of church Inventories
under the law providing for the separation
of church and state, a report from Mon
Bignor Gasparl, secretary of ecclesiastical
affairs at the Vatican, embodying Informa
tion for use during the French electoral
campaign and instructions relative to that
camp-.gn.
Continuing, the Figaro asserts that one
of the most Interesting documents ia Mon
elgnor Montagnlnl's diary lt tailing con
versations the prelate had with M. Piou,
one of the founders of the liberal action
party, M. Denys Cochin, conservative and
other political personages, which, the Fi
garo adds, will prove embarrassing to those
Involved, but will not compromise the Holy
Sue.
In conclusion the Figaro asserts that the
documents do not contain anything con
firming the reports that Premier Clemen
ceau attempted Indirectly to negotiate with
the Vatican, or anything from ex-Premier
Rouvler, although there are ruies In the
document Indicating that the former hoped
ultimately to arrive at an understanding
with the Vatican.
WINT TO REST AT ARLINGTON
Funeral Services for General
Take Place Monday at Na
tional Cemetery.
Will
WASHINGTON, March 22. Funeral serv
ice for Brigadier General T. J. Wlnt,
United States army, who died yesterday
In Philadelphia, will be held Monday morn
ing at Arlington National cemetery, where
the burial will take place.
It has been decided that full military
honors shall mark the burial of Brigadier
General Wlnt. Religious services will be
held In Philadelphia and the body will then
be transported to Washington. Ao escort,
comprised of all the available troops In this
vicinity, Including the cavalry and atti!lery
at Fort Myer, will meet the funeral party
at the railroad station and accompany It to
Arlington.
TERhAL
TAX PASSES
Mearnr as Amended is Approved by Hons
on Th rl Beading.
PARTY LINES FORGOTTEN ON FINAL VOTE
Fifty-Six Members Vote for Bill
Forty Aeainst It
and
RAILROADS FIGHT TO THE FINISH
Hamer of Buffalo Still ia Trout ai Cham
pion of Corporations.
MOTION TO PASS MADE BY CLARKE
Shrewd Parliamentary Tactic
Opponent! Off Their Feett
Sweep
ROLL CALL ON THE PREVIOUS QUESTION
Fonr Ballots Necessary and Final Ona
Shows Sixteen Rrpnhllcans In
Opposition Five Fusion
ials for BUI.
(From a Staff Correspondent.)
LINCOLN, March 22.-t8peclal.)-By a
vote of D6 to 10 the senate terminal tax bill,
ax amended In the committee of tho whole,
passed the house on third reading this
morning. The fight was bitter and at times
personal, and true to tho promise made by
Hamer, he and the other railroad-controlled
republicans and fusionists fought to tha
lost, bringing to boar every device and trick
Of tho trade to secure tho recommlttment
of tho bill thai it might bo killed. In fact,
they never quit fighting. Tho pledges they
made to tho people who voted for them and
trusted them counted for nauijht. They
were under tho eyes of a big railroad lobby,
M hii'h for days htiB hung over the railing
of the house lobby and haunted the hotels.
and which was present this morning to see
that not a rnllroad henchman went back
on the corporations.
Of the sixty-seven republicans present,
fifty-one voted to stand for the republican
state platform and for tho promises they
made their people. Of tho twenty-nine
fusionists present, fivo refused to be con
trolled by the railroads, but stood with
tho pledge-keeping republicans and gave
to the bill five more votes than were neces
sary to carry it. These men were Fries of
Howard, Funk of Phelps, Heffernan of
Dakota, Quackenbush of Nemaha and
Weems of Nance. They withstood the de
mands of Tom Allen, democratic state
chairman, who had some political debs to
pay to tho railroads, and they withstood
the pleadings and arguments and threats
of the railroad lobby, and are counted with
the. republicans who stood tip -for1 their
promises. Two republicans and two fusion
ists were absent: Bolen, Davis, Gilman and
Whitney.
Itrpnbllran Renudlatlonlsta.
The republicans who violated the repub
lican state convention platform and voted
with the railroads were: Baker of York,
Buckley of Polk, Culdlce of Saline, Ollom
of Red Willow, Hamer of Buffalo, Hill of
Chaso, Klllen of Gage, Logedon of Fill
more, McCullough of Gage, McMullen of
Oage, Ronkel of Webster, Saunders of
Knox, Springer of Scott's llluff, Stelnauer
of Pawnee nnd Wilson of Custer.
Johnson of Saline refused to stand for
Ralph Brown's smooth railroad talk, and
voted for tho bill and against the Hamer
crowd, though Urown was able to fix Cul
dlce, Johnson's colleague; Barrett of Buf
falo killed Hunter's vote by staying with
his pledge. Hyruin of Burt and Lahners
of Thayer, whom the railroads thought
they owned, also refused on final roll call
to do their bidding. The leaders for the
railroads, McMullen, McCullough and Kll
len of Oage, Hamer of Buflalo, Hill of
Chase and Wilson of Custer were spotted
early In the session as railroad henchmen,
though Culdlce got In later, when Burling
ton Attorney Foss nnd Ralph Brown and
Ben White and the rest of the railroad
lobby got after him.
l.eedrr In the Pl(ht.
The Douglas delegation had splendid as
sistance from Speaker Nettleton. Nod
Brown and the Lancaster delegation. Bar
rett of Buffalo, Harrison of Otoe, Know lea
of Dodjte, Jenlson of Clay, Kelfer of Nuck
olls, Hart of York and all the other pledge
keeping republicans and QuackenbUBh of
Nemaha. Whitney of Sarpy, who was re
cently stricken with paralysis, remained
In Lincoln two days to help out. but it
was Impossible for him to stay to see tha
final grand finish, while Gilman of Lan
caster got up after an operation for ap
pendicitis to help, but he, too, was unable
to stand the strain and he could not be
present today. Clarke of Douglas has de
voted his whole time practlcnlly to the bill
and the delegation assisted him materially.
At noon Clarke, who fathered the bill In
the house, was so exhausted and worn out
over the long and uncertain fight that he
was about ready to take to his bed. A
number of Omaha business and professional
men helped Clarke to get favorable action
on the bill, the most conspicuous of them
being W. G. Ure, Victor Rosewater, W. A.
Pennock and J. A. C. Kennedy, a fustonlst.
Illll tomes l p Karly.
After the house had concurred in tha
conference committee amendments to tha
railway commission bill Clarke of Douglaa
moved that S. F. 'M. the terminal tax bill,
be advancod to third reading. Ho ex
plained that several members had come
to the house this morning from tht-ir sick
beds to bu able to votii on this bill, and
therefore the measure tshould be placed on
Its final passage.
Clarke motion did not come as a sur
prise. He merely beat the railroads to their
motion to recommit the bill for specific:
amendment, for 11 uner at once moved us
a substitute that tho bill be recommitted
for specific amendments. His amendnunt,
he explained, was to accomplish what tha
Cone amendnunt, which for legal reasons,
did not aco tnpllsh, namely, cause a dis
tribution of railroad property located In
towns and villages not located on the
right-of-way, for city and village assess
ment. His amendments were to the title
and to the body of the bill, making it an
amendatory act Instead of an liuU-pendent
act aa i ineinplated by Clarke. Under his
amendment the railroad spokesman said
not a cent of rallroud property would es
cape assessment fur municipal purposes.
The arguments for the bill, he said, had
been that nine-tenths of the railroad prop
erty now distilbuted does not pay any city
or vlllc.ge tax anywhere.
"I propose now," he said, "bo distribute
this property to those cities und towns. IV
i
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