Fhe Omaha Daily Bee VOL. XXXVI NO 249. OMAIIA, THURSDAY MORNING, APRIL 4, 1907-TWELVE PAGES. STNGLR COPY THREE CENTS. AFTER DEPEW'S TOGA EUUment from. Whit Home Thii Wu Mr. Emiman'i Motrre. MAGNATE WANTED SEAT IN SENATE Nation Why He Aiktd that Chaunoey B Bent Abroad. UNDERSTANDING WITH GOVERNOR H1SGINS Earriman Would Ba Appointed aa Soon ai VaoancT Waa Made. PRESIDENT REFERS TO PARKER STATEMENT Imputation that Cor,ormltoni Were to Be rTO Bmiiu of Contri bution Agtla Hfted-oii Check Returned. WASHINGTON, April 8The followlng statement wu riven out at the White Moum today: The real reason for Mr. E. H. Harrlman'e Interest In the election ot me state ucnei In New York In 1904, reference to wheh -u mnAa In the cnmmunicatloo wtlieh passed between him and the president, w that he desired to advance his own am bitions. It Is asserted that Mr. Harrlmsn wanted the position of senator, now filled by Mr. Depew, and that this was the rea son why he was cnxlous to have him ap ruiniil ambassador to Perls. The Infer ence was that U Senator Depew could be Induced to (to to Paris that Governor Hlg gins was prepared to appoint him to the vacancy. President Roosevelt discussed with a tram ber of his callers today various features of the controversy between Mr. Harrlman and himself growing out of the publication , of the letters between them. He desired net to be quoted, however. Wanted Help for Odell. To has friends the president made It plain that his version of Mr. Harrlman'a visit pre ceding the election of 1904 was that Mr Harrlman wanted assistance from the na tional republican committee to help Chair man Odell In the New York state cam paign, towards whose expenses he (Harri- man) had raised $100,000. The president promised to communicate with Messrs. Oct telyou and Bliss to see what could be done He did In this case, he declared, just what he had done In other Instances where he had been appealed to to help in state cam paigns. To some of his vialtors the president re ferred to the statement made public last night by Judge Alton B. Parker In Albany, In which he said that It has never been de nied that 1150,000 waa turned over by the Equitable, Mutual and New York Life In urance companies to Mr. Cortelyou's com mlttee, and that congress has refused to make an Investigation into the corporate conlrlbutlona of 1904 or to paee a law pro- hlbtting such contributtoms In the future. On this subject the president referred to a statement which he made on November 4. 1304. In whloh he said. In part: That contributions have been made to the republican committee, aa contributions have been made to tho democratic committee. Is not the question at Insue. Mr. ranter a as sertion is in effect that sunk contributions have been made foe improver moaves, either In ronseouence of threats or in con sequence of improper promises, direct or Indirect, on the part of their recipients t But 'there Is not one particle truth In the statement. Some Contributions Returned, of Neither Mr. Parker nor hl supporters. the president declared, have been able to traverse or question the statements made In that answer. The president said, to his own knowledge about a dosen contributions offered by corporations had been declined by Chairman Corlelyou, but that others had been accepted. A contribution by the American Tobacco company, he said, had been returned. A prominent man had made a contribution of $3,0 to the republican compalgn fund. Subsequently this man had made known his desire for an appointment In the dlplomatlo service in the event that the president was elected. As soon as his motives were understood tho national com mlttee returned his contribution. The pres ident asserted to his callers that none of the corporations contributing to the cam palgn fund In 1904 had come to him for fa vors, either directly or indirectly. In this connection the president referred to the legislation enacted regarding corporation duing the last two years, aa dlspiwmg any Imputations that Immunity would be shown them for their contributions. Wall Street Interested la Story, NEW YORK, April $. The publication of the Harrlman-Webeter and Roosevelt-Sher- man-Harrlman correspondence waa very widely discussed In financial and political circles today. The statement given out by Mr. Harrlman lust night In reply to the Roosevelt - Sherman correspondence was eagerly read, especially In Wall street. Mr. Harrlman was said today to be In consulta , tion with several of his friends, presumably vlthT A vlsw to defining his future attitude and course should ths president make rejoinder to his statement of last night. Not the least Interesting portion ot Mr. Ilarrlman's presentation of his side of th controversy was his statement that he sould not withdraw anything said In the letter to Mr. Wsbster, in which he de clared that It was at the president's solici tation that he raised 1300,000 for use In Nsw .York state in the campaign of 1904 and that the president agreed "If found necessary to appoint Senator Depew to the ambassador ship to Francs." It was declared In banking circles that light could be shed on the question of cam paign contributions In 1904 If the books of the national republican committee were thrown open. Harry 8. New of Indianapolis la now act ing chairman of the committee. OMAHA R0ADlS ON TRIAL Attorney Wilson lays All Received Same Concessions, So There Was No Rebating. 'MINNEAPOLIS. April 1 "If there were any rebates, everyone received the same concessions, so what right hue the govarn tnont to Interfere?" Is the stand taken by Attorney Thomas Wilson, for ths Omaha road. In the second day's hearing of the oase tonight by the government, charging violation of the anti-rebate law. "If we have been guilty of any double duallng we are perfectly willing to accept the punishment," Mr. Wilson declared. He claimed there, was a genual agree ment between ths railroad and the grain companies that all shipments wut,lj go through Duluth to liuRalo. This, than, would bring the railroad outside of the chargea In the Indictment. Assistant District Attorney Hwart argued that there waa no spedno agreement as M where any sluji shipment was to go and that the shipping bills snowed thai thay wore to go sn JUvkiuta. SUMMARY OF THE BEE Thnrsdny, Anrft 4, IflOT. 1007 APRIL rut w run 1907 rai at aua mom. 2 3 0 10 10 17 4 ' 0 13 7 8 15 14 21 9 20 22 23 Z 20 27 1 s 9R 90 5U Vv T V .TtXB, FORECAS" NEBRASKA Occa sional showi colder Thursday. Fii- , day fHir and v ner. FORECAST KVH IOWA Bhowers Thurs day. Friday fair and colder. Temperature at Omaha yesterday: Hour. Deg. Hour. Deft. i a. m 49 In, m 68 a a. m 49 2 p. m 66 7 a. m. .. V I p. m "7 8 a. m 60 4 p. m 9 9 a. m 62 6 p. m. SB 10 a. m M t p. m 11 a. m .-. (8 T p. m 41 U m fci 8 p. m 00 I p. m 69 IiZOIlLATITIl, The house passed the Olbson bill to prevent brewers from owning saloons, although It was opposed by the solid Douglas county delegation. Page 1 Ths senate adopted the report of the conference committee firing the hour for final adjournment at noon today. Tho house had already adopted the report. Pafs 1 Conferees from house and senate agreed on amendments to the pure food bill and the measure was aent to the governor for action. Page 1 DOMESTIC. Wyoming stock growers oonvention has lively time over the admission of the sheep men, but Indications are the feeling between the two classes Is becoming loss bitter. rage a Bright prospect of railway managers and train service men on western rail roads reaching an . agreement over wage controversy. , Page 1 St. Louis brewers' strike settled on basis Increased pay and shorter work day. Page X Kansas City commission men refuse to sell live stock to packing houses that buy of Independents. Page 1 HTBBABXA. Returns from elections in Nebraska towns indicate a tendency toward license, Page 3 Livery stable at Tecumseh Is destroyed by fire and ten horses perish,. Page t Governor Sheldon announces names of new Board of Fire and Police Commtn sloners for Omaha. Page 1 POBEIOH. Commander of United States gunboat Marietta prevents belligerents from bombarding seaports In Central America. Page 4 Earthquakea ahake the Aaores Islands and people flee. age 1 WARXXHOTOV. Btnger Hermann takes stand In his own behalf, telling of his work In public life. Page 4 Statement from White House that E. FT. TTarrlman's Interest in political affairs In 1904 was due .ft WeVrtesIre to soooewl Chauncey Depew In the senate. Page 1 XVOCAX. Report of the Omaha Grain exchange shows gains are being made In grain re ceipts, which make Omaha second primary market of the world. Page 7 E. L. Lomax of the Union Pacific says slower, not fewer, trains will he run tin der new schedules. Page 11 Dr. Miller talks on the question of mus cling the dogs. ' I Page T Six-story store and office building will be erected on southeast comer of Six teenth and Harney streets for lease to local parties. . Page T coiraxRCiAX. airs rorAjrcxAXh Grain markets. Page t Live stock markets. Page t Stocks and bonds. Pag t MOTZMXHTS OP OCEAJT BTEAMSXTTS. Port. Arrived. Sailed. NEW TORK..Caronla Noordam. NEW YORK.. F. Der Oroese... . Astoria. NEW YORK.. Cevlc Roma. NEW YORK. . K. W. Der Grosse. 8T. JOHN'S... Montezuma PLYMOUTH.. Patricia 7k HAVRE I.. Oacoe-ne ' NAPLES N. Amerlka ANTWERP... .Finland gi'RENSTN.. Oceanic LIVERPOOL.. BOSTON rWtemlan HALIFAX Pretorinn BREMEN K. P. WUhelm, BREMEN Oldenburg BREMEN .Chemnlts . ..Saxonla. Majestic A March Sample Foreign Display Advertising in Agate Lines Bee 1907 ....99,84 World-Herald 70,462 89,264 1906 ....92,344 Bee Oain..7,504j 18,802 Lead of Bee for March, 1907, 29,386 Agato Linea Foreign Display "Adver tising. , , (The Omaha Dally News was third so no comparison Is made.) LOWER FARES FOR MICHIGAN Pneeenn-er Rates Fixed nt 8 Cents for Lower Peninsula and B Cents for t'pitr. LANSING, Mich.. April tThe senate today, to 8, passed a bill requiring $-cent per mile passenger fare on all lower peninsular railroads, tha yearly passenger earnings of which exceed 1.&J0 per mila Upper peninsula fares, which are now 4 cents, are restricted by the bill to 8 cents per mile. A 3-cent rate ts provided for lower, peninsula railroads earning less than $l,2Ui per mlla The bill was advocated by Governor Warner and was adopted as a substitute for a bill favorably reported providing a ZV?-cent fare for rosds earning between IMAu and Hou) per mile par year, trom pasactiger Ualu. BRIGHT PROSPECT FOR PEACE Bailroad Manacr and Trainmen Expect to Baaoh Agreement Eoon. ST. LOUIS BREWERS' STRIKE SETTLED Men Granted Sahstnntlal Advnnee In Pay and Redaction In Honrs of Work Boston Teamsters Strlkn. Y CHICAGO, April 1 A settlement of the controversy between the western railroads and their conductors and trainmen seems nearer tonight than at any time since com missioners Knapp and Neill have Interceded In behalf of peace. After delivering the ultimatum of the general managers to the representatives of the men this afternoon. a long conference was held and the final result waa that the labor leaders came to an agreement which they requested the two government officials to deliver to the man agers ' tomorrow. While It Is not 'known officially the exact nature of the basis of settlement agreed upon by the men. It was stated by a. man In authority that the pros pects for a peaceful settlement of the dif ficulty were bright tonight. It Is generally believed that the general managers have made slight concessions. Brewers Strike ts Battled. ST. LOUIS, April 8. A break In the ranks of .the striking brewers and malsters de veloped today, when a delegation of eight members of tho union called on Brewer August A. Busch and told him they would return to, work If guaranteed protection. . They were assured of protection and promised the advanced wages offered the strikers aa a basis of settlement. This afternoon statements were given out by Adam Huebner, secretary of the United Brewery Workers" union and by C. Nor man Jones, representatives of the em ployers, that the strike had been settled. A compromise an the lnerease of wages demanded, and shorter hours, were tho basis of settlement. Many strikers re turned to work Immediately. Contracts for three years were signed by the representatives of the various brew eries and the striking employes, and the strike was officially declared terminated. There was a deadlock for two hours before the contracts were signed because the brew ery proprietors Insisted on the Insertions of an arbitration clause In all contracts, and the strikers objected, but finally yielded. The Increase In wages granted and the change In hours go Into effect Immediately. Operations will be resumed by the brew eries as usual tomorrow. Following are the changes In wages and hours that go Into effect Immediately under the new contracts. Brewers and malsters wash house men Increased from 116 to $16.50 n week, cellar men from 818 to $17.60 a week. Bottlers were getting $1.70 a day for nine hours. Will receive $2 for an elsrht hour firemen were getting $15 a week: will re ceive 80 cents an hour for eight hour day, seven days a week. Freight handlers were getting $3 for a nine hour day; will receive 27ft cents an hour. Oiler were paid $filS0 a month with ten hour day; will get $16 a week with eight hour day. Engineers. Increase from $20 ta "S a week. Drivers, increases from $14 u $16 and from $1 to $18.50 a week.. .... Ice pullers work only eight Instead of ten hours for $2 a day. I -a borers were paid $1.89 for nine hours and will get $2 for an eight hour day. The brewers" and malsters' union' and the bottlers" union were the last to accept the offer of the brewery proprietors. The, other unions were granted concessions that met their approval. Boston Teamsters Go Oat. B08TON, April . Four hundred team sters went on strike In this city today to enforce a demand for an Increase of (1 a week In their pay and a reduction In their hours of work from eleven hours in twelve to ten and one-half hours In eleven and one-half. Several large firms In the city are affected and It waa considered likely today that the trouble would spread to some of the smaller concerns who have thus far refused to sign the union agree ment The support of the International Teamsters' union is promised to the Boston union by Cornelius P. Shea, International president, and Thomas A. Hughes, Inter national secretary-treasurer. In order to avoid the troubles witnessed at the last strike In 1902 the strikers have been urged by their officials to keep away from the barns and to engage In no dis turbances Contests Between Unions. GLEN FALLS, N. Y., April 8.-A11 the paper makers employed at the Interna tional Paper company's plant at Fort Ed ward went out on strike las night. The strike Is the result of trouble between the Paper Makers' union and the Pulp, Sulphite and Paper Mill Workers. The paper mak ers demand the dismissal of members who deserted their union and Joined the mill workers. Shots Fired at Montaromery. MONTGOMERY, Ala.. April 8. At a late hour last night simultaneous attacks at remote ' points in the suburbs of the city were made on cars of the traction com pany whose motorm en and conductors are on a strike. Fourteen shots were fired Into one car, whloh carried a number of passengers. No one was hurt. In West End several shots were fired at another car, but no damage was done. Detachments of police were rushed to the scene. Refnso to Ohey Strike Order. SAN FRANCISCO, April 8. -All the unUx men employed on the Hotel Fairmont were called off today by order of P. H. McCarthy, president of the Building Tradus council. Six hundred obeyed the order, but after excited meetings had been held on the street more than half of them returned to work, declaring the order of McCarthy to be tyrannical and unjust. The men will take the matter up with their respective unions. McCarthy's order grew out of his controversy with tha Independent union of electrical workers which waa formed here some time ago In defiance of his orders. May Day Strike la France. PARIS, April t, -Speculation relative to tho labur dumoutxatlons May J, with fore casts of disturbances occupy a large space In the newspapers today. The secretary of the Federation of Labor, when inter - I : . T7 program " V m . 117 uTs.ayaprigjns va w vi nv wvauu aw CTjryift JU France MB th-U dt. ni government's preoautkioa to prevent disorders are com plete and the officials believe that May day will pass off peaceably. Hamburg Strike Still On. HAMBURG. April 6. The conflict be tween the shipowners of this port and the 'lojkgshorenren has not yet been settled. A total of 846 veaMsls are waiting here either to be loaded or unloaded. One hundred and forty of the Imported stevedores were returned to England today. The total num ber of the substitute stevedwrta la 4.U& REVISED CHICAGO RETURNS Desaor-rata Control Connell and Be Elect Trenanrer All Other Offi cers Are Republicans. CHICAGO, April t The revised unofficial returns of yesterday's election show that Buasn, the republican candidate for mayor, has been elected by a plurality ef 13,018 over Dunne. The republican city ticket was elected with tho exception of Edward C. Young, the candidate for city treasurer, who was beaten by John E. Treager, demo crat, by 7.9SJ votes. The city council will be democratic by the same majority as ths old council thirty-six democrats to thirty- four republicans. The following prospective appointments have been announced by Mayor-elect Busse: Comptroller, Walter H. Wilson: corpora tion counsel, Milton J. Foreman, or EH ward Brundage- commissioner of publlo works, John J. Hanberg: chief of police, George fihlppy or Hermann Bchuetler. The traction ordinances recently passed by the city council over the veto of Mayor Dunne and which provide for the Immediate rehabilitation of the street car systems were carried by a vote of IfiS.840 to 132.730. These ordinances were favored by the re publicans and they declared In their plat form that the best Interests of tho city demanded their adoption. The democracy Instated upon municipal ownership by pur chase or condemnation of the street car propertlea. The fear that the condemnation opara tlon might entsll many years of litiga tion, during which time the city would be compelled to put up with Its present mis erable transportation facilities, was a strong factor in bringing out a heavy vote In favor of the ordinances. As the matter now stands the street car companies are compelled to pay the city 55 per cent of j innr inuvinc, bi.uv.uir- me cny ml an times access to their books. They are to provide continuous passage from one por tion of the city to another for a fare of 5 cents and to grant universal transfers. The city Is to allow them a franchise for twenty years, with the option of purchas ing the system for $50,000,000 at any time by giving notice six months In advance of the date at which it proposes to take over the properties. The cost of rehabilitating the lines is to be added to the purchase price of $50,000,000. The election also added to the extent of tho city by bringing in the suburb of Mor gan Park, which will add about 800 to the population providing the cltlsens of Morgan Park approve of the annexation. JURY FOR THE RUEF CASE Five Talesmen Are Examined and Three Are Passed by Both Ides. SAN FRANCISCO, April S. The trial of Abraham Ruef for extortion was resumed today before Superior JuJsc Dunne, . with Talesman Angeleo Duberu under examina tion by the defense. Attorney Ach ques tioned Duberu minutely as to what he had read In the newspapers regarding the graft Investigation and the Indictment of Ruef. Counsel for Ruef had In court many bound flies and large bunches of local newspapers, and It was their Intention to read aloud sections of articles therefrom to test the qualifications of each talesman. Judge Dunne, Jiowever. sustained-. a spirit) ob jection to this made by Special Prosecutor Johnson. Nor was Ach allowed to spread out the newspaper files In such a position that the headlines would be read by the talesman. He was required by the court to resume his usual seat at the counsel table and from there ask his questions. The second challenge for cause to be Interposed by the defense and the first to be allowed, resulted in the setting aside of Duberu. Replying to a question by the court, Duberu said that he held the opinion that Ruef waa guilty, but this opinion could be removed by the evidence. At torney Ach promptly challenged the tales man and the challenge was allowed by Judge Dunne. Examination of the next talesman. J. H. Dumbreck, a retail merchant, then began. Mr. Langdon's examination of Dumbreck was brief and along lines already Indicated. The examination by , Ach, however, was still under way when recess was taken. When court reconvened thla afternoon the fourth talesman, William C'ohn, was examined and excused on a challenge from the prosecution. William D. Knight,' cashier of the John Brucner company, furniture dealers, was passed by both sides. He was the fifth talesman to be Interrogated today and the third to be passed. BIG SHAKEUP IN NEW YORK Court of Appeals Declares that Last Legislative Appointment Is Invalid. ALBANY, N. Y., AprH S.-The entire apportionment of legislative districts made by the laat New York legislature Is over thrown as unconstitutional by the court of appeals In a decision handed down to day. The court reverses ths Judgments of the courts below, which had sustained the act. The decision does not affect the person nel nor Invalidate the acta of the present legislature, but political relations and align ments In every part of tne state made to suit the new conditions have been thrown Into confusion. Formerly Influential poli ticians who were supposed to be killed po Uttcally by laat year's apportionment re turn to the field of Influence. Far seeing politicians here say that It Is Impossible to calculate the consequence of the decision which they describe as a "political earth quake." It Is generally believed here tonight that the decision may prolong throughout May and perhaps Into June the session of th legislature because of the neoesslty of enacting a new apportionment, the court ! hoiiing th" unless this is done the next election for members of either house must be held under the apportionment laid down In the apportionment Of 1S95, which the reapportionment act of 1906 waa Intended to supersede. CHINESE EDUCATOR COMING Liang Hla Kwel Will Study Condi tlons of Chinese Children In America. SAN FRANCISCO, April t-Proclama-tlons were posted throughout Chinatown yesterday stating that Liang Hlng Kwel, a noted educational authority of China, had been commissioned to come to this country for the purpose of studying the educational condition of ths Chinese children. The proclamation was signed by the Chinese minister at Washington. The Chinese consul stated last night that he had been notified from Washington that the Imperial government at Peking would send Liang Kwel to this country as a minister to study ths status of the Chi nese studeiila In the schools of the United States. f NEW OMAHA POLICE BOARD fiebrrt Cowsll, John 1 Kennedy, W. If. Qillar and E. a Fag Basted. NEITHER OF THIM APPLICANTS FOR PLACE Appointees Have Conference with the t Governor and Policy to Be Par sned Is Decided t'pon at that Tlaso. (From a Staff Correspondent.) LINCOLN, April 8.-8pedal Telegram.) Governor Sheldon this evening announced the appointment of the Omaha Board of Fire and Police Commissioners. As antici pated the new board is composed of Robert Cowell and John L. Kennedy, republicans, and W. M Oilier and E. C Page, demo crats. The governor made the announcement this morning that he would make thesap pointmenta during the day. Governor Sheldon has had resignations from the members of the old board In his hands for several days. Dr. Miller sent In his resignation In January. Colonel Thomas sent his a little later and Captain Broatch filed his last week. None of them were ac cepted, however, until today. The terms of office for which Commissioner Spratlen waa named expired some time ago. Many Candidates for Place, Neither of the four appointee wns a candidate for the place. There were, how ever, a large number of applicants who were active in pushing their claims upon the governor. Tne appointments were really decided on last week Tuesday, when the governor announced he desired to name an entire new Doara, tne way lor wnicn opened by the expiration of the term of Mr. Spratlen and the resignations of Messrs. Thomas and Miller, which were already In the hands of the governor. The only obstacle was the lack of a resignation from W. J. Broatch. Mr. Broatch had a conference with the governor last week and hla resignation waa forthcoming as a result of thla The men whom Governor Sheldon decided to appoint were called to confer with him and the policy to be pur aued by the new board waa discussed and decided upon. Robert Cowell, one of the republican members, la managing partner of the firm of Thomas Kllpatrlck & Co., has been prominently Identified with the politics of the city, and at the recent election waa chosen one of the State Railway commis sioners, but resigned because affairs so shaped themselves he did not think he could devote the time to the office neces sary to do Justice to it. John L. Kennedy, the other republican member. Is a lawyer, and on March t completed a term In the national congress and la well known In the city and state. W. M. Giller, one of the democratic mem bers. Is a member of the legal firm of Weaver St Giller, and Is prominent In legal and Royal Arcanum circles. B. C. Page, the other democ ratio member. Is also a lawyer, a graduate of Cornell and recently retired from the position of ex alted ruler of the local lodge of Elks. The State Board of Irrigation met this afternoon and re-elected Adna Dobson, sec retary, and H. Smith of Lexington and P. T. Francis, division secretaries. The office force will remain the same,' George W. Bates, assistant, and Miss Gllmore, stenog rapher. Thirty fusion members of the" legislature were the guests of Mr. and Mrs. W. J. Bryan at a dinner and reception given to night at Fairvlew. It was an informal gathering, with no set speeches. Governor Sheldon tonight signed H. R. 06, the state wide primary bill; S. F. 1S7, by Epperson, the anti-bucket shop bill, and the 8-cent mileage book bill by Knowles. STICKNEY WRITES PRESIDENT Head of Great Western Makes Some Suggestions for Hallway Rea-nlatlon. WASHINGTON, April 8. The president has received communications from Presi dent A. B. Stlckney of the Chicago Great Western, James Speyer of the banking firm of James Speyer & Co. of New York and Frederick Whltrldge, a Nw York lawyer, all of them bearing on the railroad question. Mr. Stlckney made a number of suggestions which he thought might be of value to the president In the consideration of any legislation he may desire to recom mend to congress for the regulation of rail ways. The president today replied to Mr. Btlck ney'a letter and requested that he elabor ate to some extent the points he had al ready brought out. Mr. Whitrldige has been Invited to come here to confer with the president and is expected here within the next few daya CONFERENCE AT WHITE HOUSE President and Advisors Dlsenss Bon aparte's Plans for Enforcing Antl-Trnst Laws. WASHINGTON, April 8. An Important conference was held at the White House this afternoon on the subject of trust prosecutions now under way by the De partment of Justloe. Those present In cluded four members ot the cabinet, Messrs. Root, Bonaparte, Garfield and Cortelyou. The so-called Tobacco trust waa one of the subjects discussed. The discussion today was a general one, without reference to any particular trust or corporation, and no conclusions were reached. Attorney General Bonaparte, it Is said, Is outlining a program for action. j He submitted his plans to the president I and hla cabinet associates with the vlsw ', of receiving any suggestions aa to the best methods to pursue when the administration Is ready to resume the trust prosecutions. POINTS FOR THE STANDARD Three Hundred and Fifty of the 1,800 Coasts' In Indictment Are Ruled Out. CHICAGO, April $.-As the result of nine teen motions for dismissal of counts in the Indictments against the Standard Oil Company of Indiana, charged with accept ing illegal rates on shipments of oil. Judge Landis today In the United States district court ordered that 360 of the counts should be stricken out. In most Instances where the motions for dismissal were upheld, the attorneys for the government admitted that there had been either a mistake In the Indictment or that there was some thing lacking In the evidence. The govern ment attorneys expressed but little con cern at the dismissal of the K0 cou.'.U, saying there are still 1.560 counts on which tha Indictments can stand. KENNIS0N IS FOUND GUILTY Convicted of Marder In Second Teesree of tan IX Cor, Jary We com in end ing Extreme Penalty. GERINO, Neb., April l-(Speclal Tele gram.) At 8 o'clock tonight after being out for seven hours the Jury In the Ken nlson trial returned a verdict of guilty of murder In the second degree, recommending the extreme penalty. The Inst of the testimony was Introduced yesterday afternoon. All the evidence tended to confirm the early reports of the affair, the state really making a stronger case than was supposed to be possible. Kennlson went on the stand Tuesday foreniwn, but In nowise strengthened his chances, his only defense being that he did not know whether he discharged the revolver at the fatal shot or whether Cox did It In hla struggle to obtain pos session of It. His story was that he was Indignant at Cox for his opposition to the saloon license and that he called him from the drug store to order his advertisement from the Sentinel; to ask for a fill of their account, and that Cox struck the first blow. Kennlson testified that he did not draw his gun until after Cox had In flicted physical Injury and that he feared more. Evidence, however, shows that Kennlson had for several days made threatening re marks and that when he started uptown he took the revolver, which he was not in the habit of carrying; ulso that he had exhibited no concern after i had shot Cox. Arguments of counsel were begun Friday afternoon and the forenoon session today was devoted to the summing up by Judge Hamer for the defense and the final argu ment for the state by Attorney Harrington. The Interest In the trial from the begin ning has been marked, but it has been greatly Intensified during the last few days of the case as the evidence became more definite. The whole matter has been an outgrowth of the agitation for a saloon license at Minatare and much of the argument has been devoted , to that phase of the case. It may be merely a coincidence, but every village election held In Scott's Bluff county yesterday resulted In the election of antl- ilcense boards and there will not be a sa loon next year In a single one of the four Incorporated villages of the county. Bentonce will be pronounced tomorrow. W. T. STEADJN NEW YORK British Publicist Discusses Program of Conference nt The Hague. NEW YORK, April S.-Wllllam T. Stead, who has recently made a tour of the European capitals In connection with the coming conference at The Ilngue and who comes here to attend the dedication of the Carnegie institute at Pittsburg, reached here today. Mr. Stead will attend the na tional peace convention In this city April 16 and 17. In speaking of The Hague assembly he said America should carry one atep further the principles which the American dele gates Incorporated In the convention of 1899 the recommendation that usage In duels should be extended to wars. "Article vill of the convention, which con tains this recommendation, kaa not been acted upon, although the recommendations were made unanimously," aald Mr. Stead. "It recommends that when two powers have a dispute which they are unable to adjust by ordinary means of diplomacy they should not resort to hostilities the moment they suspend diplomatic Inter course, but they should each call in a special mediator, corresponding to a second in a private duel, who shall have a period not exceeding thirty days In which to try and compose the dispute and avert war. If It had been acted upon neither the South African war nor the Russo-Japanese war would have broken out when they did. A pause of thirty days and a fresh deal with the negotiators would give the world absolute security against sudden out breaks of war and place the delirium of war fever under the control of the sober common sense of the community." OMAHA SHIPPERS COMPLAIN Railroad ' Companies Are Charged with Discriminating; In Rates. (From a Staff Correspondent.) WASHINGTON. April 8. (Special Tele gram.) Claiming discrimination in the mat ter of rates the Omaha Cooperage company today filed complaints with the Interstate Commerce commission against the Nash ville, Chattanooga & St. Louis, Illinois Central, Iron Mountain and Burlington rail ways. The petition states the oomplalnant does an extensive business throughout Ne braska, Iowa, Missouri. Kansas and Illi nois and buys Its raw material from Arkan sas, Mississippi and Tennessee. It charges the roads compel the payment of 24 cents per hundred pounds for material shipped to South Omaha while from the same point to Keokuk, la, and Alexandria, Mo., they charge only 19 cents per hundred, the dis tances being practically the same. All shipments are made through St. Louis. Readjustment of the rates Is asked and also $1,000 from each road as punitive dam age. FATAL QUARRELjJN THE RANGE Frank Ward, Prominent Sheepman of Pnthunder, Killed by His fnole. CASPER. Wyo.. April 8 (Special Tele gram.) Frank Ward, a well known sheep man near Pathfinder, In the southern part of this county, was shot and killed today j by his uncle, a man named Bennett. Ward lived at the home of Bennett's son-in-law. Emmet v ivlnn, and It Is said that the trouble leading to the tragedy grew out of Vivian's partiality toward Ward In the mat ter of their live stock Interests. Particulars of the killing are meager and It Is the be lief here that the affair occurred Just across the Natrona county line In Carbon county, as officers here have not been notified. EARTHQUAKES IN THE AZORES Pante-Strlckeu People of Villa Frnncn, Once Destroyed, Flee from Town. PONTA DEL GADA, Michaels, A sores Islands, Island April $.- of St. -Violent ; earthquake etiocks prevailed throughout ; this Island during the nlitht. The worst dls ! turbance occurred at Villa Franca, where ; the panic-stricken people fled to ths out skirts of the town. The wealthiest Inhabitants are leaving Villa Franca, the anc-lent capital of St. Michaels, which was twice previously de- ' stroyed by volcanic eruptions, being prac tically swallowed up by an eruption of mud In 1&2X END AT NOON TODAY Lecjslitiv. Peiiion fixed to Officially Clone at that He nr. WORK LIKELY TO CONTINUE UNTIL FRIDAY Many Bills ire Now Fourin Into tbi Fxecitira's Cffioe. GIBSON BREWERY BILL PASS1 S THE HOUSE r sfeasnra to Frtvent Brwri from Owiiaf Ealoosa ctnt to Governor. PURE FOOD CONFEREES REACH REPORT Agreement on Amendments Comes After Some Concessions and Measure Goes Down for Executive Action. (From a Staff Correspondent) LINCOLN. April $. 8peeclol.) The thir tieth session of the Nebraska legislature will adjourn at 12 o'clock noon tomorrow. That is, the final adjournment 1 set for that hour, but It Will be some time Friday before the work of the session is ended and the members begin to leave town. To date the governor has signed eighty bills and has forty now In his possession for con sideration, among them being the primary bill and the Aldrtch maximum freight rata bill. By fixing the final dste of adjourn ment for noon tomorrow the legislature will be compelled to kill off a number of measures of more or less Importance, but the only bills now pending which require much consideration are the appropriation bills and a conference committee will havn to be appointed to agree on these. Enough bills are now pending to keep the members busy another week, but none of them la of vital Importance. Every party platform pledge has reached the governor with ths exception of the pure food bill and both house and senate have adopted the confer ence committee report on this and many more bills of equal Importance with th platform pledges, have been passed. Be ginning tomorrow afternoon It will be a case of waiting for the enrolling clerk to get bills In shape for the governor and likely very few bills will be passed after tho' clock has been stopped Just before tha hour hand reaches 12. Two Important Measures. Anong the measures which passed ths house todny were S. F. 76, the bill by Gib son to prevent brewers from "having an In terest In the retail liquor business or In any bullllng In which a saloon Is located; S. F. 818 and S. F. 119 bv Sackett. tha former Increases the salary of sheriffs In Douglas county to $4,000, and the former provides the contract for feeding the pris oners In the Douglas county Jail shall be let to the lowest bidder. This, however, does not go Into effect .until next January, alter another county election has been held. Pure Food Rill Passed. Both the senate and the house this after- ' noon adopted the report of the conference committee on the amendments to the pure rooa bill without serious opposition, tha expected fight over the measure not ma terializing. The conference committee amended section 8, over which the big fight occurred, to make it practically the same as It was when the bill left the senate. It requires the names of Ingredients, but not the quantities, to be placed on bottles, and requires the quantity to be placed on all bottled liquor except such as Is used for medical purposes. The objectionable provision eliminating meat products bearing the government stamp from Inspection under the law waa cut out of the bill on demand of the senate members of the committee. Vote on Brewer Bill. The passage of the Gibson anti-brewer bill waa stubbornly fought, not only by members of .the house delegation from Douglas county, but. by a powerful lobby, but the sentiment always 'favored the bill, and except late last night there has never been a question of Its final approval by the legislature. The final vote was 87 for the bill and 21 against It. After Gibson Introduced the measure such a protest came up from South Omaha that he never pushed It, but it was forced ahead by other members of the senate, and when It came to the house the same element which helped it through the senate worked It through the house. The vote on tha b!l' was as follows: Yeas Adams, Graff, Murphy, Airierson, Green, Neff, Armstrong, Grelg, Nuyes, ttalra, nagemf Raker. Hansen Hauemelster. RaDer. nenmona, . Hejcha, Richard so a, Rohrer, HxundersL Snyder. Harrett, Harrison, Blystone, Hart, Holen. neriry. Brown, E. W., Jarilmon, Brown, E. P., Johnson, Brown (Shmn)Kelfer, 8 1 alder, Stols, TiliioL Buckley, Carlln, Cone, Culdlce, Dsvls, Doran, Duncan. Eller. Farley, France, Funk, Oilman, Nays Besse, Best, Clarke, Dodge, Fries. Ollem, Iltuner, W ill-n Knowies, ' Kuhl. Lahners, Line, Ixjpadon, MoCullough. Mackey, Marsh, Masters, Metxger, MUllgan. Harvey, HerTernan, Hill. Howe, Leeder, I-ee, McMullen. Thelsaen, Van Houses, Weems, White. Whltham, Wlleon. Worthln w. Ur.opeaker-41 Pllger. Renkel, Scudder, Smith, ' ftielnauer, Tucker, Walsh 2L Cone In Error Agnln. The house was again treated to a shoot off by Cone of Suunders, who, as usual, missed his mark and reaped the reward of hla action In a severe call down by 8peaker Nettleton. S. F. 439. providing the gov ernbr shall appoint the commandant at the Mllford Soldiers' home, was under dis cussion, when Cone offered an amendment providing that the soldiers should wear WiO yards of braid not less than one and a half Inches thick and buttons the slse of an ordinary saucer and not smaller than the button worn by the end men In a minstrel troupe. "I would ask the gentleman from Saun ders to explain to this house why he offers an Insult to tha old soldiers of thla state," said Speaker Nettleton, without trying to hide hla disgust and anger. "I move the adoption of the amendment." answered Cone, without paying any atten tion to wl'.at the Sx-aker had said. "The veterans of the civil war are not In the habit of being insulted In thla man ner, and neither Is our commander-in-chief. The motion will not be put," said, tho speaker, with considerable wurmth. A few moments later Cone secured recog nition and told the speaker he had in mind another bill, relating to the governor's staff, and that he had no intention to tssult the old soldiers, and be was for the biTl under consideration. Hs left his amend ments with the clerk to be tacked J