The Omaha Daily Bee
VOL. XXXVI -NO. 255.
OMAHA, THURSDAY MOKNIXii, APK1L 11, 1907-TWELVE PAGES.
SIMILE COPY THKEE CENTS.
COURT OUSTS SHAW
Council'! Appoiatea tuCiXj Engineer Knit APRIL IP 7
XT0T6 A1?qU vs.
tun -oh rut wcd thu r .p--
INTERFERENCE W,TH OfF.CE RESTRAINED 'I 2 3 4
7 8 9 10 I s 13
Judge leniedy Rested Out of Eed to Ei:n 1 jej Q j 20
H.c.cnie, 2I 22 23 ? V 26 27
ROSLWATER NOW IN CHARGE 28 29 30 $ -J g
Will Retain Authority Pendine Hearine of
Case Keit Saturday.
BEDFORD CALLS ACTION HASTY
lOne Democrat Who Did Xot
Concur In Shaw'a Klectlon
trltlclera It III-
- AdTlBCd.
After holding temporary possession of
the city engineer's outer office during part
of Tuesday night, Thomas Shaw, appointed
city engine r by eight members of the j
city council, was ousted at 6:30 Wednesday
morning by a court ordor served on him. ,
Judge Howard Kennedy signed the tern- I
porary retraining order upon receipt of a j
petition offered by Attorneys Burbank and .
jianaoin on Denau or Andrew nosewaier.
Mr. Rosewaiev and his staff are now in
charge, of the city engineering department.
Have for some comment on I'uesuay
night's proceedings, the engineering de
partment ran along as usual Wednesday
moinlng.
Attorney Hansom Wednesday morning
said ' there was amplo provision ln the
statute to sustain Mr. Uosewater's con-
nnn lkt U U. .1,.!.. IIA.,.I
' uu' 'i"""" :
engineer ana runner aectarea mat no ;
. - .. I. . i Ml.. ..!. . - i . ... J,.. i
the proceedings. He said he was anxious
to push the case through to a finality and
liuvc It disposed of by the courts.
lledford'a Opinion of Action.
Councilman Uedford, the lone democratic
councilman present Tuesday evening and j
who did not concur In the action of the j
eigni memoers young ror Mr. n.w, ea.u j
he thought such hasty action ln appointing
Mr. Shaw Ill-advised. For his own part j to order of premier limiting consideration
he refused to take part In the appointment I of the budget. Paga 1
on the grounds that he had not been od- Commissioner of the Society of Friends
vised of the move until a short time before j says that 20,000.000 persona are in imnil
Tuesday evening's meeting and had no ; nent danger of death by starvation In
time to satisfy himself whether Mr. Shaw ' Russia. Page 1
was the man for the place, he affirmed. ! REBkASXA.
Mr. liedford sold he looked on the ap- j Applicants for many appointive posl
polntment of an engineer a serious proposl- , lions ln the state service are anxiously
lion nnd lefused to take any snap Judgment j waiting for some sign from the gov
On a proposition of that kind. ; emor. Errors of enrolling clerks coming
The petition filed by Attorneys Burbank
and Ransom contains the allegations that
Thomas Shnw, his agents and servants,
did unlawfully, violently and with force
break open a door leading Into one of the
rooms set aside for the use of the city
engineer and that at the time of such ac
tion Mr. Rosewater was ln possession of
records and papers and acting as the duly
appointed and qualified engineer. The peti
tion nska that the defendants be retrained
from usurping functions of the offlca or to
In any way harass, annoy or prevent
plaintiff from discharging functions of his
office. The hearing of the case was set for
next Saturday before Judge Kennedy.
Judge Troup Wednesday morning Bald he
was called on last fall with a bond for
Thomas Shaw, which bond was approved
at the time, with the understanding, the
Judge added, that Mr. Shaw was to be
appointed city engineer by the city council.
STANDARD OIL WINS POINT
Jodie l.andls Will Let Company Show
It Wanted to Obaerve
CHICAGO, April 10.-A victory for tho
defense was scored today ln the trial of
the Standard Oil company when Judge
Landls In the I'nlted States district court
announced that the Standard Oil company
may produce evidence showing that the
company did not Intend to violate the law
In the acceptance of unlawful rates. The
court also decided that the shipper does not
need to go further than a railroad station
to learn tha legal rata.
Arguments on this subject had been under
discussion for four days, attorneys for the
defense maintaining that the Standard
OH company did not knowingly and wil
fully accept unlawful rates from the Chi
cago & Alton railroad.
Another argument ensued after William
E. Harr, genet al freight agent of the Chl
rago Terminal Transfer Railway compnny,
had N en c illed to the stand. Attorney
Rosenthal desired to show by testimony
that the Chicago Terminal Transfer Rail
way had a ti'-cent rate on oil between
Whiting, Ind , and Fast St. Louis. As
sistant District Attorney Wllkerson ob
jected. Attorney Rosenthal In reply said:
"We propose to shnw by Mr. Hogardus,
traffic manager of the Standard OH com
pany, that many thousands of cars of oil
were shipped from Whiting to Fast St.
Louis bv the Standard Oil company over
the Chicago & Eastern Illinois railway
under the tvi-cent rate.
"We propose to bhow that there was no
good reason why the Standard Oil company
rould not have shipped all Its oil over the
Thieago A Eastern Illinois railroad."
In reply Judge I.andia said he could not
coni eue how Hogurdus' Impression as to lot boxes to be stuffed at an expense of
what he had done with another road had iti furnished by J. P. Barrett and at the
anything to do with his acceptance of a order of Barrett, news editor of the San
rate not filed with the Interstate Com- Francisco Examiner.
nierce commission. Tha court added that ' a number of witnesses who were sum
he Intended to Instruct the Jury that Bo- 1 moned denied unequivocally the charge
gardus ia changeable with the knowledge comprised In Graney'a alleged confession
hd could have obtained at the Alton office.
WESTERN MATTERS AT CAPITAL
Extension of Time Granted to Con
tractor on Interstate Irriga
tion Canal.
(From a 8tuff Correspondent )
WASHINGTON. April 10. (Special Tele
rruin.) The secretary of the Interior has . an elisor with custodian powers. This
granted an extension of thirty days to leaves the main contention yet undeter
Ptckertng & Rush of Mitchell, Neb., for the j mined,
completion of their contract for the con-
traction of a portion of the distributing Ql COMPANY IN TROUBLE
lystem under the Interstate canal. North w,fc" "
Platte Irrigation project. In Nebraska and Receiver Aaked In Federal Conrt at
Wyoming The scarcity or labor and the j . for t-cl- s-
unususl severity or me weatner maae
;he delay unavoidable. The work was to
save been completed by April 1.
Rural free delivery carriers appointed:
jowaCherokee. route t. Edgar O. Frej-
msn. carrier; Edna Freeman, auiistiiule.
Loysn, route t Ja.-ob Stern, carrier; Je-
r'onie t. Shields, substitute. Tipton, route
i Arthur O. Fran e, carrier; aieari diiiiiii,
aubstltuta. South Dakota Geddes, route 2.
Frank U. Kimball, sarrleri Warren W.
ktUubail, ubstltuta.
SUMMARY OF TUE BEE
Tim radar. April 11, 1907.
TEE WIATHEB,
FORECAST FOR N EBRASK A Fair
Thursday and cooler In weal portion. Fri
es y fir.
inKEl'AgT FUH IOWA-Falr In e-iat
portion, ahowers In writ, warmer Thurs
day Friday eiioweia.
mpeiaturu ut omaba yesterday:
Hour.
Deg
Hour.
Deg.
... 44
,.. 46
... 44
,.. 47
...
... 49
...4a
... iu
... 46
0 a. m 30
4 a. in 2S
1 u. Ill 3u
a. ni 31
In. rn 33
10 a. 111 i(6
11 a. m 48
U in a
1 p. m
2 p. in
i p. ni
4 p. hi
6 p. ni
6 p. ni
7 p. in
8 p. 111
V p. m
DOMxa-rio.
Thaw case wan given to the Jury ahortly
I before 8 o'clock last night and at 11
o'clock the Jurors reported there was no
prospect of verdict soon and they were,
lo,.kl,d up tuT the nighl, The courfs
charge was distinctly unfavorable to the
contentions )f the defense. Page I
ljltttpr Jay Kalnt d(,clde tQ ma,n ,hu
headquarters of the church at Lainonl.
Fags 1
Governor Dlneen submits to Illinois leg
islature report showing that deep water
way from Chicago to St. Louis is feasible.
Fi.a 4
WABHHTQTOxr.
Department of Agriculture report shows
condition of winter wheat 0.8 of a point
higher than at this time lost vftr mill
4 4 points above the
ten-year average.
T, comUon ln
Nebraska Is 118, as
Attorney General Bonaparte Interprets
the pure food laws In regard to branding
of whiakles und wines. Fags 1
Militiamen of gulf coast states Insist
....
upon Joining ln regulur army mo ements j
at coast posts and may be accommodated.
Fairs 1 I
FOttEIOW.
Russian duma votes to pay no attention
to light. State board lets contracts for
supplies for state Institutions. Page 3
Case of Forest Ellis, charged with mal
treating Inmates of the Norfolk Insane
asylum, goes to the Jury at Madison.
Page 3
X.OCAXh
City Engineer Rosewater secures a re
straining order from Judge Kennedy pre
venting Thomas Shaw from Interfering
with the operation of tha city engineer's
office until the rights of parties can bo
tried tn court. Page 1
Abrogation of proportional rates on
grain shipped from Iowa points has In
jured tho Omaha grain market more than
the rule on the bridge case. Page 7
Fairbanks, Morse & Co. plan a new
nnrt offl K..iMnr .t vi,i, , u'"tances. at least, should be mentioned iast until May 1. whereas money will be ganda have preached and what our platl
anu omce Duuaing x. .-sintn as entering Into the combination des. i li e l. needed until the end of July, when the tudes of popular liberty have pleaded he
n streets. Pags 3 In other words, It would not be accurate , ,., .Mi k-i.,., n.. Tk. .,,i.,; has framed ln part und statutes until to-
warehouse
and Farnam streets
Omaha builders expect the busiest sea-
son of many years. There Is neither
scarcity nor oversupply of labor. Page 7
Federal court trying the "land graft"
cases hears reading of record ln previous j
trial. Page 7 '
State convention of Ladles of the Mac
cabees will convene In Omaha April 22.
Page 7
Railroad contractors of the middle west
form an association with headquarters ln
Omaha. Page 7 '
The Union Pacific Is signing contracts !
with employes on basis of the Chicago
agreement. Page 11
SPOBT.
Formal opening of the major leagues
base ball season occurs today with a full '
schedule In both leagues. Pags 4 j
Blue Lee won the Juvenile stakes for,'
2-year-olds at New Orleans. Page 4
mnwr-vTiv , .
gUMMIBt'UIi AHD nSTSTIML,
Live stock markets.
Grain markets.
Stocks and bonds.
Page t
Pags 9
Pae 9
ABRAHAM RUEF SCORES POINT
Elisor Moat
Friends
Let Ilia Prisoner
and Conanlt With
Attorneya.
See
SAN FRANCISCO. April 10. Inquiry by
the grand Jury Into the alleged ballot box
stuffing by agents of William R. Hearst
and Into the telephone corruption and a
decision by the state supreme court In
creasing the personal liberty of Abraham
Ruef were the net results of today's pro
cedure In the municipal "graft" Investiga
tion. The grand Jury took up the charge re
cently published In nn afternoon paper to
the effect that Edward Oraney, a prlre
tight promoter and ward politician
had
confessed to special Agent Burns that he
i had In August, liCH. caused primary bal-
or any knowledge bearing upon them.
The flrtt victory of consequence scored
by the defense alnee Rue was Indicted
for extortion was achieved today ln the
supreme court. It came In the form of a
partial ruling by that tribunal, sitting en
banc by which Ruef's prayer for greater
I personal liberty Is granted The court
j withheld declalon as to that portion of
i Reuf a habeas corpus petition which de-
nice the legal nb-ht of a court to clothe
Concern.
TOPEKA. Kan.. April 10 H. L Terrtll
j of Charleston. 111., a stockholder, applied
i to Federal Judge ro.iocn neie i.xiay for
! the appointment -f a receiver for the Uncle
Sam Oil company, whose secretary. H. H.
i iucser, jr., is uimer niuiuiunn aaiu ior an
accounting of its afi'alrs.
Judge Bullock louk Uie mailer under ad-TlseiuenU
WHISKY AND PURE FOOD LAW !
Attorney General'! Opinion on Proper
Labiline of Liquors.
RULING ON BLENESAND COMPOUNDS
Former Appllea to Mlitnrea of Same
Klnda of Splrlta and Latter to
Mlitarea of Different
Klnda.
WASHINGTON, April 10-The long ex
peeled opinion of Attorney General Holla-
parte concerning the proper labeling of
whisky under the pure food law, approve.)
June 3ii, l!iS. was made public at the White
House todav. Its purpose Is briefly told
In a letter addressed by th" president today , "f the compensation of fy L. Miller, a son
to the secretary of agtlculture. : In-law, but declared that It was In payment
"In accordance with your suggestion." j for advances he had made Miller,
says the president's letter, "I have sub- I The witness was then nsked If he did not
mlttcd the matter concerning the proper i transfer Max Pratt, special land agent,
labeling of whisky under the pure food law from Oregon to New Mexico and bring
to the Department of Justice. I enclosn Captain Mathers to Oregon because Pratt
Ik. nil.,-...... .. i ' t.i i
with this opinion and direct that action
k . .. ,
Ptrafeht whisky will hp labf I. d a mn-h. i
A mixture Of two or more straight Wills-
klea will be labeled blended whisky or ! ,,
w hlskles. I rent ll-
A mixture of straight whisky and ethyl 1 A letter written by the defendant to Ed
alcohol, provided that there Is a sum- ward Render, his relative, stating that he,
elent amount of straight whisky to timkc th ,,,f,,,i.,. .vn,. ,(, ,,,.
0";! ?:!,;!!! I;rl
gain distillate.
Imitation whisky will be labeled as such. ,
flrlsln of Contention.
The questions at Issue arose In connec
tion with the labeling or branding of the
different kinds of spirits, claimed by their !
manufacturers or proprietors to be en- :
titled to the name of "whisky" with or '
without qualifying words. After discussing
the "primary purposes of the pure food
law," the attorney general says:
First I'nder what circumstances should
a distilled spirit be labeled or branded
"whisky" without any qualifying words?
Second I'nder what circumstances should
a liquor be marked a "blend of whiskies'
or "blended whisky" or "blended whlnkies?"
Third I'nder what circumstances should
a liquor be marked as a "compound of
whisky" or "blended whlakles." and what
" " " " unj.. 11 fin., ilium lie rtillteil IO
such title? Such title to make the same?
wo-d or words. If any, must be added to
The same appropriate under the law
l no same appropriate under the law? introduced to contradict Mr. Hermanns in the thunder which has boomed persist -Fourth
I'tu'er what circumstances. If at i testimony that he had never corresponded ently from theelght great guns of the In
all, could a distilled spirit, with additions! .... d-unitable Hearst, or whether that provl-
of colorings and flavoring substances
termed "Imitation whisky?"
be
Componnda Are Discussed.
Referring to sherry, port and madeira,
he thought that there Is an evident dis
tinction to be drawn between them and
champagne, and adds:
"In the view of a chemist or a physicist,
champagne would be doubtless desc:lled
as a compound,' for It consists essentially
of a wine, of sjgnr and of an aerating gas,
three substances obviously 'unlike.' "
The attorney general declares according
to the true Intent of the pure food law, a
mixture of whisky with a neutral spirit
must be deemed a "tompound" and not a
"blend," although the spirit may be a dis
tillate from the same substance used to
furnish the whisky. The definition of
"whisky," he says, aa a natural spirit,
involves aa Its corallary that there can be
such a thing as "imitation whisky."
The attorney genera) says the most dif
ficult question was whether a mixture of a
liquid such as has been described, or. In
deed, a mixture of ethyl alcohol Itself with
whisky, ought to be labeled "whisky" at
all. He then says:
wnen tno woros "compound or "com-
pounded" are used In the act, it Is. In myiTh , slimrlpn. ,., on hlinfi ,'
ludgment. ordinarily necessary. Unit two'lllPre a" onl ""mciem tunas on hund to
, t'1 ra" a mixture of port .and sherry "mm.
pounded sherry" or "comooundod nort:"
such a mixture must be designated as
"sherry Compounded with port." or "Port
compounded with sherry," or "compound of
port and sherry."
I consider "champagne" a suitable label
or brand for the composite wine k no wj bv
neural'1 w;ne7xTsVede wh.cn w'as'sweet'and
sparkling and also generally known as
uaniju nc, n. ouxiuie oi ine iwo migni
be. I think, approprlHtely called "com
pound or "compounded" champagne.
Some Specimen llrands.
The following seem to me appropriate
specimen brands or labels fnr (1) "straight"
whisky: 12). a mixture of two or more
"straight whiskies;" (3), a mixture of
"straight" whisky and ethyl ale .In, and
(4), ethyl alcohol flavored and colored so
as to taste, smell and look like whisky.
(1) Semper Idem whisky: A pure, straight
wnisKy meiioweu ny age.
(2) E
Plurlbus Ununi whisky: A blend
of mire Blralrht whteblAa u-lfVi ull i.a
' merits of each.
i (3) Modern Improved whisky: A com-
i nounrt nf nure araln distillates mellow an.l
free from harmful Impurities.
(4) Something better than whisky: An
Imitation under the pure food law, free
from fusel oil and other harmful Impuri
ties. In the third specimen It Is assumed that
both the whisky and the alcohol are dis
tilled from grain.
CONDITION OF WINTER WHEAT
Average la 4.41 Per Cent Above the
Mean for April for the Last
Ten Years.
WASHINGTON. April 10. The crop re
porting board of the bureau of statistics
of the Department of Agriculture ln a bul
letin Issued today gives the average condi
tion of winter wheat on April 1 as f9 9.
as against 89.1 on April 1, lw; 91.6 at the
corresponding date ln 1905, and S6.S, the
mean of the April averages for the last
ten years. The following table shows for
tha nHnclnal winter whear irnl tha nv-
erases of condition on Arrll 1 and the mean
of the corresponding averages of the last
ten years
Apr. 1 Ten-yeai
State. lt? Average.
Kansas 99 S.S
Indiana l 79
M osourl W h5
Ohio M wi
Nebraska W n
Illinois 96 (.2
! Pennsylvania 9S sS
California in j.;
I Oklahoma 76 K7
Texaa 61 M
Michigan XI M
United Statea f-9 9 sr, 3
The average condition of winter rye on
April 1 wae 92, against 90.9 on April 1,
190;, 9" 1 at the corresponding date In U5,
aRj gj 2, the mean of the April averages
i for trie last ten yeara.
' '
Ck HRI fsHFri AHfll WQT W A I I
Oolin Howard, Claiming Omaha aa
Home In Serious Condition In
Indiana.
ELKHART, Ind., April 10. (Special Tele-
.ram I uuilin Howard, who l.tvi hla home
Is In Omaha, Neb., was found In the hall-
way of a public building at Elkhart this
morning In an unconscious condition. In
' the delirium of his despondency Howard
struck his head against a wall with suf-
flclent force to rractura his skull. The
' aut horttles are trying to find trace of
j Howard's relative!. His recovery Is very
doubtful
Howard's name la awt in the city dlrco-
torjc
NEP0Tsm by Hermann
Former Land t ommlaalnner
Foaltlone to Six of Ilia
Rrlatl vea.
Gave
WASHINGTON. April 1" The principal
de i li'i'in" nt In the oruss-exHm!nritlon if
Ring, r Hermann wi re his admissions that
wlille ho whs commissioner of the general
land ifhce he nave positions to six of his
relatives Reference was again made to
the "tip" which Mr llermnnn Is aliened
to have given F. P. Mays regarding the
I Ulue Mountain forest reserve. but Mr. Her
mann, while admitting that he dictate.!
the telegram, could not remember Its de-
lulls.
It n lo brought out that Hermann
had received a part of the government
compensation of his brother as payment ;
on a mortgage and that he received some
wmllrl nut rant Vila bciiaa anH Mnthapi
would. The witness denied this, but Mr.
HnW ...h.itto.i . i,i .t,n.in .bnt
Tratt hnd refuHi'd to rent the house and
Mr' Tlennnnn a.trottteit Hint Mnlher Hid
of Surveyor Cath-srt. whs placed in evl- !
dence. It showed that Oat hearts account
. . , ,.,, ,., .
amounted to 1110 and that he owed the
firm of Hermann & Render f0. The 1110
was to bo turned over to this firm ac-
cording to the understanding brought out.
Correspondence also was Introduced by
Mr. Raker showing that Mr. Rrownell of
Orenon obtained the reinstatement of Spe- j
cial Agent E. W. Pixon through Mr. Her- '
mann on the showing that Dixon would
bring democratic support for the election '
of seven republican state representatives.
A tabulated account referring to the busl-
ness of Schiller Hermann, the defendant s
son, was produced and the defendant ad-
. ' . , . . . .
. i. ...... ...... .. ..n,. ...... .. j, ,lat ,.onif, ari unexpected and iotentlal con-
a clerk In the land office. Correspondence vert to th creets and theories of demte
between H. A. Smith and the defendant ru.oy. And whether we tlnd the school
1 , ... . , . , .
, Hnl "' N' J,incs Hnd the drfpont was
REPORT ON RUSSIAN FAMINE
Commlaaloner of Society of Frlenda
Saya Twenty Million People
are Dylna;.
IyONDON, April 10. It. Kenrard, com
missioner of the Society of Friends, who
was sent to investigate tho Russian famine.
writing from Samara, in the heart of the
famine district, under date of April 3. ap-
! neala to the United States and Great
Kritn.ln to nron iiitlv rp ml heln. Hp k n v
"There are 20,000,000 people distributed ln
. ....
the southeastern provinces of Russia who,
without aid, cannot live to see another
harvest."
In Samara alone, the commissioner adds,
thousands are dying and 730,000 are Btarv-
tng Of the lutter only 372,7M) are getting
relief, a dole of orle meal In twenty-four
hour,. As a meal, only two pounds of
bread and a bowl of soup, according to
tho commissioner, means dying by de-
grees. Even this meager dole, and less ln
Instances, Is divided nmong many mouths.
i .it' j m
I especially appeals lor canned milk. Ho
pays there are 3VXHJ children in Samara
nr ...lnr(, who have no mok an(l arp f,,rpri
; Pr0Inc wno "a" nu muK an1 ar forced
to eat course bread made of acorns, pow-
dered wood and cucumbers, resulting in
I .hUsands of deaths and much disease
I" conclusion the commissioner appeals
i v the Anglo-Saxons for $:fOO,00 to save
vkntoOOO human beings who are dvlna-
1 J I
lingering aeatns irom starvation.
,. ...u t .
DUMA DEFIES THF PREMIER
Loner Ilonae Votes tn Pay o Atten
tion to Order Regarding the
Rndaret.
ST. PETERSBURG. April 10. Premier
Stolvnlu's attempts to limit the competence
of the lower house of pnrflament by for-
bidding Its committees to obtain statist
tics from the lemstvos and avail themselves
of outside expert advice has been defied
hv the housa
President Golovln has written a curt let-
ter to the premier nskln him on what
. . . .... , . .,.,,.
Kxoun.i a, hi uniir. ..i ,, .3 ri,.,r..
to address such demands to the Imperial
parliament. The law. M. Golovln savs, con-
tains a paragraph au.horlzlrg the lower
house of parliament
to Interpellate the
..
minister, but nowhere was there a state-
ment of a reciprocal right on the part of
the ministers towards the house. The bud- I and our duty dear.
get committee had decided by only two j nPyail Asked to aine Roosevelt.
advorse votes to defy the premier's order sppaklng here deliberately for myself,
and to Invite experts to assist ln the con- and In my fair Judgment of the great ma
alderation of the budaet : Jorlty of the plain and honest democrats
slderation or ine nuoa. i. . (lf U e EnwiT(l southern stale, from which
The actions of President Golovln and the j am , beueve that we should put the party
budget committee were taken after a long then below the people, the principles above
conference between the piesld-nt and the i the""in' We should rebuke the spi lt of
. . ,, , ' ,. . . spoils and the hunger of faction. We should
leaders of all parties ln Parliament except amrm our principles, confess our faith, ra
the extreme rights and brings the Issue cite the necessity of the reform of cur
squarely before the cabinet. . poiate capital as the supreme and trana-
, ,. ., , . . I cendent issue of the times, pay tribute to
i ne iiiavuaat.-Mi u. ...c u.v ...
mlttee Is expected to last iiom rour to
six weeks. The estimates probably will be
accepted with minor changes by the house,
when presented.
KANSAS GRAIN RATE .HEARING
IX "J " " ii .ni-niiiiiM
Evidence In Case Alleglnir Dlarrlm
Inntlnn In Favor of Kansas
City la Concluded.
TOPEKA, Kan , April 10 The Interstate
Commerce commission hearing here relat
ing to the grain rules from Kansas points
to the gu:f. In which discriminations In
fuvc- of Ts'ar.sas City were alleged, was
ended today.
J. E. Hurley, general manager of the
Smtu Fe rallnai, testified to the Increased
expense of transpoi tation. He fuid that the
cost of transporting freight for February
of this jear was about 2i per cent more
than in the same period a year ago. He
was unihle to explain the reason for hi
, Increase.
! J M Nation, statu auditor, testified that
! 'he averag
assessed value of railroad
......
property was supposed to re about one
third of Its actual value.
Tlie commission set the Kansas cases
und two cases Involving the same rates
originating ln Oklahoma for argument In
Washington Jura 7 and S. The complain
ants we:e siv. n until May 10 to hie hr ef
and the rutin ads have ten days after that
! Cite " i li- !" tilv briefs, with five days
given the uuu.pidJuauU ia wLicb u Hla
irtpl.es.
ASKS BRYAS 10 STEP ASIDE
John Temple Graven BequeeU Him to
Nominate Eootere't for President.
OFFICIAL ACTS ARE ALL IEMOCRATIC
Party Ilaa Opportunity to Demon
atrate'lta Fidelity to Prlnclplea
Sehraakan Decllnea to
Commit lllmaelf.
CHATTANOOGA, Tenn., April 10,-At the
Rryan anniversary club dinner tonight John
Temple Graves of Atlanta. In the course
of an address, asked William J. Rryan to
present the name of Theodore Roosevelt
to the nojit democratic national conventloi
as the party's candidate for president. Mr.
Hryan ln reply said that according to pres
ent conditions he should not present Mr.
Roosevelt's nnme to the convention.
"lleer In mind," Mr. Hryan sold. "I say
'as at present advised." "
Mr. Graves' address came as the climax
of a scries of Interesting evei.ts. When he
reached the city todny he was requested by
itoh to.istmaster. who had rrad his speech.
to eliminate all reference io Urvnn noml-
rating Roosevelt. Rather than submit to
having his speech censored, Mr. Graves
decided not to apeak at all." H!s address,
he said, represented his actual sentiments.
Mr. Graves went to the banquet hall;
"omenta and then left without
speaking.
Mr. Una nlcarnlng of the Incident sent
for Mr. Graves and Insisted that he should
... , . . . . . ... . . . - . ;
,n'tRU nls epeven accoroing io uie urminiu
'lan- Accepting the Nebraskan's Invita-
t'on Mr- Graves spoke and was answered
"y Mr- llr'an ,n a hort address,
Speech of Mr. Graves.
In his address tonight Mr. Graves said.
in part:
We are confronted n-w with conditions
1 ti this republic which few men could have
furosoon nnH which tti iiki n ton 'a-ct r ncrn
.., , ve ,, ,, temerity to predict.
Out of the oain of theenemy, out of the
ats of the scornful, out of the pretor.an
etuard f pilvilege and nionosly there
iiittn.ru n uu nm iniuni ii-in ill ill.- nil-
,iuent und imwlstible ovangeU of Rryan,
master who nafl iHUKnt n.m in me eio-
dence which shapca the destinies of na
! tions and of men has dropped t Ive scales
from his partisan eyes, the fact remains
' Ihnt ThAo.tm- tfooa.. v. 1 1 bus lnt-no.t Hia
i democratic lesson well. We may as well
acknowledge fairly what history will fear
lessly alttrm that he has become the fore
most and mixst effective executor of demo-
most and nuxst effective executor or demo-
c.iHtlc policies and the mit practical chum-
pior of popular rights which these two
generations o tthe lepubllo have produced. 1 aanrts of ncres of land, ylvlng In return
The things for which we have fought for , ,,,, hove vlc-
forty years he has been putting Into fear- fraudulent deeds. He Is said to have Uc
less and effective execution. Since Wil- , tims In Denver and Omaha,
Ham R. Hearst flung at his feet the dial- Carmon ljytorf, a well-to-do farmer. Is
.t Z,a,, . .V..r fi
lenge 10 rerorni in ine inconquenuue array
the Iniquity of the trusts, the strenuous
presiuent or ttie l intea Mates has not latiea
j it f iltfifbrl In h m rllunraot u nrl far r-W.ua ntu tf
t.,.4 .. - u, i-im
hi ijimi n, i vinr-u v . m lifts in mm i . rw-yn 11
fashioned the eloquent evangels which went
rorth rrom the Garden meeting In Madison
.UhI1.t!?,HP.el,",e,l " V"?.hJnKti'n
not hesitated to go forward with redoubled
seal and energy In the prosecutions of his
work. Avoiding the extremes which might
S h"i,,.'!e,.ro Vr1:?'.?":
required, and with a radicalism as fearless
aM tlie l'l'le's rights demanded, he has
::n,.te!yWowa,rda',1ne' dnwrnn,''' l?e
privileged Iniquities that were robbing the
! government.
j President Entitled to Hecoanlllon.
' He 18 putting Into execution the things
which democratic platforms have thun-
d . , f,.r ,pntv vpilr what ,.r r,r..r,.
clay Hs un t""let party, representative o:
of
an honest neonle. we can do no le timn
recognize his patriotism and applaud his i
tnii.s endant service. He has grappled tliel
inlr,ul,lpl, f the Mpat truat whch waa
spreading virus through the physical veins!
, of the republic. He has nut his nrohe I
j ,nto ,nf PUrM politics of the Insurance
: nT Vison "io'pr.I.tlc.Tndrade3 Y"
has gripped by the throat the almost oninl-
! I'otent power of the transortatlon mag-
ntpa nnoh Ahat,.Ha.rurhl r...
' '"-.'. . niiu
asking clemency at his hands the tallest
and most tremendous ngures or the tyrant
systems of our land.
And in doing this he has vindicated every
principle for which Bryan has pleaded and
Hearst has thundered and has proven hlm-
seir a puoncisi ana a democratic republican,
who deserves to rank In achievement with
the test and bravest In the annals of our
immortal party.
We have found where we did not seek
mm a man to do the things the people
omeiv niTiiHi, v e no not Know ir we
could succeed ln placing In power the man
our partisan loyalty would prefer. We do
j nut .k,nowL whether In this environment our
ttIld wln w lose the fau.fu, bae of ou'r
I economic life. In sound logic and ln clear
' common sense we must recognise the tre-
" 7 L.T. 'V, '"" "
which the n esident has mmla
He is every
inch a leader and by all the records he Is
a, predestined winner In the fight. Can we,
! the peoples party, afford to risk the peo-
p!(,s vtll, lntrpgt by changing leaders In
the very crisis of the great battle that Is
ion:
! ..ZJ1" rirKrw""! '"H.nma!'
. ....... . ., i.ri.'tr- in,- lailll'aiKTl OI
i ir, begins. But If the conditions then are
! a" they arc today if Roosevelt rides the
, l IJ''
area! ami tvulcal American who hum
, proved nimseir ine dauntless and con-
. querlng captain of the people s cuuse, and
llien liiiu ine ti in umi fiirm lunvriuiyii or
our own, William J. Bryan, the one un-
matched and Incomparable evangel nf our
fatth. speaking for a pure democracy, and
re ".blic should put Inon.Kn Th."o"
j d( re Hu0l;.vt.u f(ir OI1(, more ulldlapl,,pil
term or power to nnish the work that he
i hes pi i giorioiiBly begun
It would give this great country of ours
lone millenlul petlod In which factions and
I partisans should lie still an dthn spirit
of representative government should be
I given a new birth and a new consecration
to Its gnat ideals to the glory of the
people and the admiration of the world.
Mr. Chairman. I submit In high and rep
resentative honesty this proposition
which seems to be radical, but which I
know to be right. I have never been
more loyal to the life and fortunes of the
. great Nehraskan who la our hon ired guest
tonight. I have never been a better and
a truer democ rat than when I suggest this
sacrifice which will make our peace with
history and establish the prosper:ty of the
nXZ
with that high and patriotic conscience
which lifts the patriot above the parti- !
, ". nn menu, wie imii. ru, pr ncip.e
with Ihe real welfare of the neoile
i The democratic party fronts today an
opportunity which comes not often In
hl.lnrv tn crl..lr.' itm r.rlnl.
'man history to gh.rlfy its principles
e.i io iri,tiuair unci uiitr.n ailloos,
men.
"iv Got and the better angels of our
hlstorv help ua to the patriot's policy and
the people's weal.
Krply of Mr. Rryan.
Replying to Mr. Graves' address Mr.
Bryan complimented the G,eorglun for his
hrr.csty and boldness and said that If
Ciere was any place in the world where
uhsol ite fredoni of spet-eh she uld prevail.
(CfMiUnueei w &ecvbd l'ua.)
SAINTS REMAIN UAM0NI
t'onference Decides It l anlir to Re
move Headquarters at the
Prraent Time.
UMOM. la.. April 10.-(Special Trio- i
Brani ) T.i,1i- tiirttltiar aflilin At
l atter Lay ' Paints' conference was by
Khler I,. K Hills of Mnrlon. Is- Mr. Hills
Is general secretary and treasurer of the.
Order of Railroad Conductors. having
served for thirty-one years as a conductor
prior to his becoming one of the active
n llonary force of this church.
President Joseph Smith occupied the.
chair at the opening of the business ses
sion this afternoon. The offer of the print
ing plant of the Gospel Standard, the Aus
tralian missionary paper, was by vote
accepted by the church, the paper to be
managed by a board of publication consist
ing of Australian members, Plshop George
Iewls of that mission being one.
A report from the first nuorum of seventy
springs the question of secret societies,
seeking to have the church declare its posi
tion concerning them. There Is some di
vision of sentiment In the church concern
ing this matter, many believing them help-
fl". am1 established Institutions, whenever
. Bml " nerever tney oeem pioper.
' ThH P"clal order for this afternoon on
,ne divorce question was again deferred
i ul,J',-'t to call, as the various quorums
I Br' 8,111 earnestly discussing them, and It
( ,s desired not to act hastily In the matter.
The lecture this evening under me aus-
j Ph-e, of the organization known as the
1 -augnte-s or .ion was oy r..oe. t cm., ...
Four lots ln Stockton. Cal., were author-
lrl to be sold by the trustees. S ich act
nf nillk,.t.nll.,n la, pa.,,1 . IllA t II t lltCS
, , .... ....
: tf California before sale can be made.
j "" ii " ""
under present conditions to remove the
principal jdace of business from I.atnonl.
Authority was given the leading officials
I of the church to branch out. Incorporate
and employ an assistant editor of the
Saints Herald.
I HtVioe n r ,.-.- nf atrnnlns r rny ra m
I PllldM solos by Mrs. W. N. Robinson of
1 ' ... tt t
, Kansas C lty Mo., and Mr. F. H. Johnson
of Chicago, III.
OMAHA PEOPLE DEFRAUDED
D. C. Wlllonnhby la ald to Have De
ceived Vlctlma With Fored
Deeds.
DES MOINES. Ia.. April 10. D. C. Wil-
loughby. who the New York police officers j
sought to detain, but who sailed for Europe
vesterdav lust before thev reached him. Is
" "
charged here with obtaining money by false
pretenses. He Is alleged to have sold thou
ne
the complainant. Iayton says ne win
cause Willoughby's arrest when the steam-
snip reaches me otner me
DENVER, April 10. D. C. Wllloughhy
. . . . . -..,.
was secretary of the Natunta auey linu
company which opened ofnees ln Denver
l"t summer and sold land ln southwestern
, . ..
Colorado for which, ln Its prospectus, It
guaranteed a supply of water for lrrlfja-
tlon. This land, it Is charged, was public
1"-nd, and no water rights ror It nan neen
secured. Wllloughby disappeared last Jan-
"d -elective, have been scouring
the country In Beach of him. About a
month ago. It Is said, he was located in
Chicago and his grips were captured there.
but he escaped to St. IxjuIs, and from
there went to New York.
SOUTHERN TROCPS WANT DRILL
tiorernor of Alabama Appeals for trlct Attorney Jerome's final argument and
Permission to Bend Mllltln throughout the Judge's charge Thaw had to
I listen to a scathing attack upon hla char
to Posta. j ttcler unj to a narratve drawn from tha
I WASHINGTON. April 10. -The militiamen
f th Ulf M liSPO,d , "" UP"
participation in ine joint onus wun me
coast artillery this, summer, not withstand-
.. . . , .
nz toe OimcuilV wmcn coniionts ine Clliei
lng the difficulty which confronts the chief
of artillery. General Murray, in finding ac-
commodatlons for them. A letter to the
War department from Bibb Graves, adju-
tant general of Alabama, says:
"In your letter of March 16 to the gov-
ernor you say that it Is Impracticable to
lnvite the national guard of Alabama to
take part in coast defense problems owing
to the fact that Fort Morgan was so dam-
aged by the severe storms, etc.
"We have the honor to Insist that the
Alabama national guard should not be de-
barred from participation In these problems
because of the providential occurrences
with which we have nothing to do, and
most respectfully nek that we be allowed
to take part of our organization to the next
nearest place. In case of an emergency
we would be called on to defend auch furtl-
i fixations and we ought to be permitted a
, portion of our guard ln such exercises,
' trust this can be done."
The department will make an effort to
grant this request, taking some of the
Alabama troops to Florida during July.
GARNISHEE BILL IS SIGNED
Governor Has Hot Acted on Hills Ap
propriating Money for State
Instltottons.
(From a Staff Correspondent.)
LINCOLN, April 10.-(8peclal Telegram.)
Among the bills signed by Governor
Sheldon this morning was Senate File 307,
' """i1""" " " "" ."iue.
j that 90 per cent of a man' salary Is exempt
i tmm .rarnlahee
I from farn,"n,
I The governor has not acted on the big
nonrnprlatlon bills
' The governor last night signed H. R.
4.,i and 4S7. The first of these Is the gen-
eral appropriation bill. He vetoed Items
amounting to 137. Ouo, the major portion of
this being the Item for payment of wolf
bounties. The other bill signed was the
one appropriating IT., for the orthopedic:
hospital at Lincoln.
L0NGW0RTH FAVORS TAFT
Ohio Congrraaman Declares Secretary
of War TplOes Spirit of Itooae
velt Administration.
CINCINNATI. April 10. Congresman
Nicholas Imgworth. who returned from
Washington today, declared himself In fa
vor of the nomination of Secretary Taft
for president, -because he believes that no
"living man so thoroughly typifies In the
eyes of the people the spirit of the Roose
velt administration."
Mr. lxngworth said: "The sole question
Involved Is whether the republicans of Ohio
will endorse him for the presidency."
Fatal Wreck la Vermont
HARD VWCK. Vt , April PO. One peraon
an killed and about fifteen Injured In a
wruL el Mr .!i.!,r,r.urv A- t.U.. Ch...,.
plain ruhroud about two miles east of tills , and Evelyn Thaw followed qui. kly und the
town today. The entire train, westliouix elder Mis. Thaw eutne lust All looked
passenger, with the e xception e.f tr.e l,,-- , e,lhcri, At 11 36 o'clock Justice FlUger
n.otiv. left the rutla and plougei down , . , ,, . , . , ,
a tmrvaui uu,jmkiueiiL .aid took hla seal ujoa ILe beuch, Ute Jury
j J(JRY HAS THAW CASE
Trial of Thirteen Weeks Ends Ehcrtlj
Eeforo Six O'clock.
j LITTLE PR0SPLCT OF AN AGREEMENT
j .
Fanel Hops'.etaly Dividel and at 11 0'olocl
is Locked Up for Night.
STATUTE GOVERNING INSANITY DEFINED
luiden of Froof on This Plea Bests with
Da ense.
MR. JLRCMI MAKES FORCEFUL SPEECH
ays Act Wae Common Cowardly
Tenderloin Mtirilfr and lildlculea
Delmaa' Heferrnre to De
mentia Americana.
NEW YORK. April 10. Charged with th'.
responsibility of deciding the fate of Harry
Kendall Thaw, the Jury which since Jan-
uat y 23 has been sitting In Judgment on the
j young slayer of Stanford White, retired
Ht S;l" p. m. today to begin the consldera-
, tlon of Its verdict. Six hours later It had
, fallpu t0 ,elu.ll aitrPt!mPn, m, Bhortly
art(.r u p. m. WiU! l(H.kw, up ror ,,,e nlgnt
n the Jury room of the criminal courts
! hjlldlng. Justlco Fitzgerald, who had been
' I. I ' - - . . ..... .......
, nii mr amuo iuu irom uui jui; nnmi,
I became convinced at that hour that tha
cnances ior a veraict tonignt were too r-
j mot , warTant him remsmlng up later,
jUg(icr, Fitzgerald curlier ln the evening
: ha(, ponP to hlR clui, uptown and had an
a,,tomoblle ln readiness to make a quick
to .. ,., i.onae should he be needed.
His Instructions regarding locking up tha
Jury were telephoned.
Jury Hopelessly Divided.
It was said that when Justice Fltiger-
aid's message was received at the court
house the officers on duty there put the
matter up to the Jurors themselves, asking
If there was any possibility of a verdict
within the next few hours. Tho reply was
strongly negative. The Jury was said to
be most hopelessly divided nnd nolyody con
nected with the cHse tonight would Ventura
the hope of anything better than a dis
agreement as the climax of the long drawn
j out trial.
' Ha'ry Thaw sat In the prisoner's pen
.. , , . , . ...
; adjoining the court room during the long
nours oi tne jury s neuneiations. ny nis
side was his wife and counsel, who re
mained with him until nil hope of a verdict
tonight was over, hut at 10 o'clock they
made their way to the hotel. Thaw, who
was much depressed at the close of Je
rome's attack on him as "a cowardly.
brutal murderer a rich Illiterate who al
ways had his own way until he fell Into
tho clutches of the law," revived ln spirits
as the evening wore on and the chances of
an unfavorable verdict seemed to him to
become more and more remote.
Justice Fitzgerald Is not expected at the
court house tomorrow until 10:30 a. m., the
usual hour for the court sessions to be con
vened. If the Jury should earlier notify
him of an agreement he might consent to
come down at an earlier hour, but this Is
not considered at all likely.
Charge I'nfavoraltle to Thaw.
In the life of Harry Thaw this day will
go down aa the most trying he has ever
experienced. From the opening of court
until the Jury retired the fates dealt un
mercifully with him. Beginning with Dls-
evidence which was meant to strip his
, deeds of the halo of chlvalrlc glory which
1 h,s orney. had thrown about them.
The Judges charge, lasting about an
; hour, was a concise outline of the law and
; gave to the Jury the alternative of render-
1 aav tn the nrv tli nltrnnf1v or mnilpr.
1 lng any one of the following four verdicts:
Murder ln the first degree, murder ln the
second degree, manslaughter ln the first
degree or not guilty on the ground of In-
1 sanity.
, The statute governing the plea of ln-
sanity was defined clearly, much stress be
ing laid on the fact that an Irresistible
Impulse to kill had no place In the law.
j The Judge also Informed the Jury that
j an Illusion, which If true, might result In
: the Injury of the man suffering It, could not
be accepted as an excuse. Altogether the
charge, while consisting principally of
complete explanation of the law, wus con-
aldrred by those who have followed the
trial, as adverse to the defendant. The at-
; torneys for the defendant took excoptlons
i because the Judge had fulled to Include
I any of their requests.
Thaw was much depressed by the Judge's
words and could not suppress his feelings.
He left the court room dejected.
Forceful Speech by Jerome.
The district attorney's summing up wag
a comparative and forceful review of all
the evidence adduced. He declared at the
outset that romance and sentluient did not
enter Into the Issue; It was not a question
of Stanford White's character or Evelyn
Thaw's sufferings, It wus a pluln matter af
fact homicide.
"A common, cowardly tenderloin mur
der." as he termed It. The novel plea of
"dementia Americana," made by Attorney
Delmas ut the very close of his argument.
was attacked by the cin-inci attorney anu
Bieilv r. f erred to It
j lepcaiemy r rrcu io
ln tones of
sarcasm.
Mr. Jerome dealt mercilessly with Evelyn
I.Thaw, to whom he referred as the "angel
child," and to Thaw, whom ho termed al
ternately "St. George' und "Sir Galahad."
After the cu-e hud been given to the Jury
Mr. Jeromes attention wus culled to the
nervous stute of the defendant. Discussing
the situation with a number of friends, the
district attorney said, referring to Thaw:
"The poor fellow thought Ihe Judge would
i sin.p'.y tell the Jury to let this St. Georga,
this Sir Galahad business go, und that's all
i there would be to It. Now I understood
he is sill Inn In his cell, ull In a mess, his
head bowed, woliying about the outcome.
I'm leally sol ry for him, but more so for
his inoll.-r."
The Thaws remained ln thu court house
for a short thi.e af'.er the Jury had retire!
and then the family, with the exception of
the younger .Mrs. Thaw, returned to their
hot -1 for dinner. Tl.c young wife remained
und had d'.uncr with Attorney u Rellly at
a nearby restaurant. The others returned
shortly after 8 o'clock and went to the
j Tombs waiting room.
Thaw lanilly In Court.
About five minutes before the session was
begun members of the Thaw family lagan
to arrive. The h st to entei aus Joslah
Thaw, ace ompanli d by his sls'er, the count
ess of Yarmouth. Mis. Cum. uie und her
husimnd were next Mrs. Edward Thaw