Omaha D.
B:
Frcm Omaha Revstajs
TWO CENTS
From Omaha Newsboys
TWO CENTS
VOU XXX VI NO. 312.
OMAHA, MONDAY MORNINQ, JUNE 17, 1907.
SINGLE COPY TWO CENTS.
T
LOAN . AS INSURANCE
Trance riayi Cash Ag-ainst Promise
to Let Coloniti Alone.
JAPAXESE AGGRESSION FEARED
Belief France Could Not Hold Indo
China Against Japs.
LATTER IN NEED OF A LOAN
Agreement Opens French Market for
Desired Funds.
TENSION GREATLY RELIEVED
Orientals, on Ik Other Hud, gee
Opportnltf to Puna Their
Pino for Industrial
Development.
PARIS. Jim ls-Wnll political consid
eration of a high order contributed to th
negotiation of th new Franco-Japanese
entente, there Is n longer any doubt that
the substantial "quid, pro quo" given by
Franca was th promlaa of acceaa to the
French markot for future Japanese loans.
Japan did not need a French guarantee
for Corea and Formosa, but a Japanese
guarantee for Indo-Chlna was worth a
great deal to France and It was willing to
pay the price remanded.
Japan, according to the confidential
statements made by soma of hir highest
representatives in Europe, wilt need some
thing llks 5.000.000,000 franca. ($1.000, 000, 000)
within the next few years to convert Its
present high rate loans and to furnish ths
capital necessary for Industrial and com
mercial development planned In Manchuria
and Corea. While the money markets of
the world are at present unfavorable to
flotations. Japan has succeeded In Insuring
tba assent of the French government to
th placing of Its loans here when the op
portune time arrives.
It Is regarded as a big achievement for
Japan, but the French government is
equally convinced that It Is a good bargain
for France. M. Ptchon, tfce present min
ister for foreign affairs, had a .long ex
perience In the far east as minister at
Peking, and none appreciated more than
he how ImposHlbly It would be for France
to defend Indo-Chlna against an adversary
like Japan. Besides, as a matter of fact,
the dread of Japanese aggression In Indo
Chlna has haunted the Qual D'Orsay for
years. France has given Japan provoca
tion In th past. It waa a party with Rus
sia and Germany 'to the tripartite agreo
ment which forced Japan to relinquish th
fruits of their victory over China, obtained
lit the treaty of Shlmonleakl and there
ha always existed a fear that Japan
would some day take Its revenge. Indeed,
there are hi the archives of the Qual
D'Orsay proofs that at one time a plan of
campaign against the French colony of
. Indo-Chlna. had been prepared at Toklo.
'Subsequent events, however decWod Japan
to striks RuadU' lostend , of Franc.
, Thar was a critical moment during the
Vshoda Incident when Franc and Eng
land seemo on th verge of war.' Franc
was then greatly alarmed lest Japan would
seise th opportunity and strike, and hur
ried preparations wer made to. defend the
Chines colony. There was another crisis
In th relations between Franc and
Japan during th Ruaso-Japanes war
when Franc stretched Its neutrality to th
limit In favor of Its ally by allowing
' Rojestvensky fleet shelter for weeks In
Cameron Bay. Bo keenly did the French
government at that time feel that It may
have given Just cause for reprisal, that
after peoc was made by th treaty of
Portsmouth and Japan entered the market
for a 600.004,000 yen loan, M. Kouvler, then
minister of finance, deliberately braved th
dissatisfaction of Russia by luslstlng upon
the admission of part of the loan to the
Paris Bours. To thos who complained
that It would constltuts an affront to
Franco's ally he replied substantially. "W
must think of Franc first. ItTs cheap
Insurance for Indo-Chlna."
M. Plohon waa possessed by tne same ioea
when M Kurino. th Japanese ambassador,
m la.t winter relative to th
latust Jajsmes WO.000,000 frano Issue. He
wanted to know If Japan waa prsparea io
give a written promla guaranteeing Indo
Clilna. M. Kurino replied that Japan had
absolutely no aggressive Intentions and of
la a-overnment That con
versation was th grm of th negotiations
which have resulted In th convention Just
ummated.
consumma
NEWS FROM RUSSIA INTERESTS '
Dde-gates to Pence Conference Not
ftswsjrlsod at the Tarn of
Affairs.
TftJS HAGUE, Jun 14 Th dissolution
of th duma and th promulgation of a
new election system In Russia hav cre
ated a profound Impression among the
delegates at th peace conference. Th
new reached Th Hague this morning and
spread rapidly, becoming Instantly th
topi of discussion. For th time being
matter pertaining to the conference wer
forgotten. Although th dissolution of th
duma waa anticipated by those who hav
been closely following recent developments
In St. Peterssburg, th fact that such an
event should occur simultaneously with th
opening of the conference was generally
deplored. There Is general disapproval as
to th wisdom of th dissolution.
Th Russian delegates at the conference
wer not surprised at th news, having
been kept fully Informed as to th In
UniWmi of the hotni government. Thev
deny, however, that there la any conneo- LAWTON, Okl.. Jun ll.-Jame Brye.,
tton between th government , decision and! British ambassador, spent Sunday
N. Nalidoffs utterances yesterday. Extra j Principally here as the guest of th Cham
precaution, have been taken by the Dutch r ' Commerce and at Port Sill, near
pollc to In.ur. th. personal safety of here, where he visited both Oerontmo, the
It. Nelldoff. Ever since hi. arrival her. : ''"l0"' .w'0r nd Qu'nah
special detective, have be.n detailed toF,T- chlf of the Comanche
guard him. a. th. aeoret service was ' Sapupl. yesterday Mr Bryc was
warned several day. ago that an attj '.th copjr m
. . ., ... , I constitution. When questioned later re-
to "1t" h1,raou'Uv,1- mad 4M he, gardlng th. document, h. aald:
drove to the Hall of Knight. ye..rday. , hv. . flf (h conrtltutlotv
' demon.tr.t on against th. peace con-ut not omclal judging from
ferenc ... held thl. afternoon In a field th t h,y ,t ,
on th. outskirts of th city, gut It 'na . mntary law "
not a great .uccesa Th. organisers of) -Would you consider th. con.Ututlon a
th. demonstration expected that Gustav.l frmta too mucn ln the Batur, ut 4 lRfli.
nerve, tn leaaer ui nm anu-miuiary
movement, would be present, but he did
not appear, telegraphing tha he bad been
detained In connection with legal proceed
ing agatnsst him at Nantes. The speakers
wer confined t Dutch orators, who ad
dressed about tOOO personi against th Idea
thst th various government really had
any serious Intention to lighten the mili
tary burdens, which wer sapping th en
rgtoa of th European states. Th peace
conferee ue they denounced as oouiody
Dlajr4 to deceive to ni ..
SUMMARY OF TOE DEE
Monday, Jan IT, l&OT.
1007 June 1007
un mom rut wtD rt raj ggi
T 1
2 3 4 5 6 7 8
0 10 II 12 13 14 15
16 17 18 19 20 21 22
24 25 26 27 28 29
Tn WUTBBB,
Temperature at Omaha yesterday:
Hour.
Org.
Hour.
1 p. m....
I p. m....
I p. m....
4 p. T....
6" ....
Deg
.... 01
.... frl
a. m
( a. m......
7 a. m-.
S a. m
t a. m
10 a. m
11 a. m
U m
.... 72
.... 73
.... 74
.... 71
.... 87
.... S3
.... m
.... 87
S3
M
W
l
M
M
M
rooax.
'I-
John N. Baldwin says V Ji'Vsult to
enforce recognition of rallt " p-
senger and freight rat law 'con
fession of weakness, and Joh
c. v
says It Is to block clans of rat
F. H. Newell, head of th gov
reclamation service, while In Omahk "
of plan to buy from Omaha mercK.its
I and store department supplies in local
Indian warehouse, of which he obtained
approval ofe Secretary Garfield. Pag X
rossiav
Mew treaty between Franca and Japan
gives latter cash to carry out Its plans
and Franc Is ensured protection for Us
Indo-Chlna colony. Pag X
Toklo paper states Viscount Aokl, am
bassador to United States, Is to b re
called. Pag 1
Russia remains quiet and no violent
demonstrations are made on account of the
dissolution of th duma, though people
display great dissatisfaction. Pag X
Delegate to th peace conference not
surprised at turn of affairs In Russia.
Pag 1
ITSSaYABXA.
Senator Burkett will not attend the land
convention at Denver, as he does not ap
prove of Its probable stand. Pag fl
DOKSBTZO.
Agricultural department rules guarantee
of manufacturer Is no protection to third
party under pur food law. Page 1
Harry Orchard to be taken to Caldwell
and arraigned on charge of killing Gov
ernor Bteunenberg and case continued,
which will make slight break In th Hay
wood trial. 'og 1
QUIET PREVAILS IN RUSSIA
Pabllo Shaw Mild Dlapleasora at the
Dissolution of ' th
D
ST. . PETERSBURG. June 11 An Im
perial ukase was lsaed today proroguing the
the council of the empire antll Novem
ber 13.
Th dissolution of th second duma was
received - throughout St. Petersburg .with
parted tranquility, .thank . to . th precau
tlonary measure, and. In no plac In Rus
sia, so far as is known, wer there any
serious disturbance.
Demonstrations . among St. Petersburg
are anticipated torrforrow, but the authori
ties are not alarmed. They profess to be
chiefly apprehensive over th possibility of
rioting and racial excesses In Odessa and
Kiev and other cities where party feeling
runs high. An outbreak of agrarian dis
orders In several regions of the empire Is
anticipated later, when the peasantry learn
confidence In th ability of th government
to handle th situation prevails In advln
Istrattv circles.
News of the dissolution reached the St.
Petersburg papers too late for their last
editions, but th public was quickly In
formed through extras and great posters
set out by the police at all street corners,
containing the ukas announcing th dis
solution and the Imperial manifesto.
Little knots of readers clustered around
the whole day, attentively perusing the
manifesto, the phrasing of which was
ejaculated to appeal to the patriotism of
the lower classes. Little enthusiasm or
! .xoltement, however, was evoked, and
' many of th readers, as they turned away.
1 spat silently upon the ground as a sign of
their deepest contempt.
WARSAW, June M. The newspapers Is
sued extras today, spreading the news of
th duma's dissolution, which has created
a profound Impression. Th emperor's ac-
tlon Is the subject of eager discussion, the
people fearing that the new election law
w111 c,uae the I'0,e The however,
remains quiet. Domiciliary visits are of
nlghtly occurrence and arrests of social
ists and nationalists are frequent. Troops
to the number of 3U0.0O0 are massed around
the city.
SEBASTOPOL, June 18. Colonel Guesse
koffsky, assistant harbor commandant,
was killed by a revolver shot tn the vicin
ity of the docks today. Th assassin was
arrested.
RECALL IN STORE FOR AOKI
Tokl Paper Say Amhass
United State I t Cos
' Mesa.
tdor to
TOKIO, June 17. The Hochl say this
morning that Viscount Aokl, Japan am
bassador to America, probably will be re
called and that he likely will b succeeded
by Baron Kaneko.
BRYCE LIKES CONSTITUTION
Comssonts on Dersnest Bo lab
rnltted to Oklahoma
Voters.
latlv measurer he was asked.
"Too much can never b put lata a con
stitution." tsrssly replied th visitor.
lateen iMn on Watm
BELLEVILLE, 11L. June W. Dr. R, J.
Rsles completed his sixteenth day of total
abstinence from food today la th twenty,
day fa at he hss Imposed upon himself in
support of Ms theory that an occasional
atwtlnene from food la essential to health.
His only nourishment Is water, which be
drinks copiously. Dr. Eale declare he
has no destr for food. 111 w4jht has
redueed seventeen pounds during his fast.
He la eontrounia- his regular nraotlco.
MORGAN A GRAND OLD MAN
Democrat Who Stood by Party When
He Believed Party Eight.
ALWAYS OPPOSED TO BBTAIIISM !
Alabama's Aged Senator an Old Bcnool
Lawyer with Reverence for Con
stitution and Constltated
Antkorlty.
.
(From a Btaff Correapondent.)
WASIUNOTON. June IS. (Special.) A
far-seeing statesman, an unselfish friend
and one of th leading figures of his time,
was John Tyler Morgan, the senior senator
from Alabama, who patted out from the
busy cares of life last week. In his thirty
years as a senator he earned th respect
and esteem of his colleagues on both sides
of the chamber and no man will miss him
more than his venerable associate and fellow-townsman,
Edmund Winston Pettus.
They were the two oldest men In the sen
ate. Pettus Is nearly M; Morgan would
hav been 83 had he lived until the 20th of
th present month. Next In point of age to
these two splendid types of American man
hood comes Wllllsm Boyd Allison, who at
tained to th age of T on the 2d of March
lent. Next to Senator Allison In point of
aa-e In Senator Shelby M. Cullom of Illi
nois, who will reach 7S on the 22d of No
vember next.. Senator Henry M. Teller of
Colorado Is a year younger thsn Senator
Allison or Senator Cullom. having been
born In 1M0, while the two former were
born ln 1831. Senators Frye of Maine and
Proctor of Vermont will reach 76 this year,
while Senator Piatt will be 74 and his col
league, Chauncey M. Depew, will round oat
the 73d milestone.
' Democrat of tno Old School.
Senator Morgan was probably less of a
partisan than any of his colleagues. Po
litical consideration played, tlttl. or no part
In. what he conceived to b hi duty to his
country. He was a democrat, but of a
school whose exemplars Is fast passing
away. He voted with his party when he
believed his party was right. Mr. Morgan
was opposed bitterly to th principle of
democracy advocated by Bryan and Hearst.
"They remind he," he would say. In tell
ing his favorite story, "of a boy who was
very 111.
" 'If I can throw him Into a fit,' said the
doctor, 'I can save him.
" 'But why should you want to make htm
have a fit?' asked the boy's father.
" 'Well, I'm an expert on fits,' said th
doctor, 'and I know how to cure them.'
"That's the way with Bryan and Hearst, "
Mr. Morgan would continue. "If they can
throw th country Into a fit the country
will be cured of Bryanlam and Hearstlsm."
Senator Morgan' respect for his chosen
profession, the law, was on of his most
marked characteristics. Essentially a gen
tleman of the old school, he waa an old
school lawyer, with reverence for the con
tttutlon and the co-ordinate powers of gov
ernment, the legislative, executive and Ju
dicial departments. His steady candidate
tor, th presidency was that magnificent
specimen of tno upright American JuQgo,"
Associate Justtc John M. Harlan of th
United States supreme court, ln spite of .th
fact that Justice Harlan has always been a
republican.
"But he should be a democrat he Is a
democrat in his principles,' Mr. Morgan
would say.
Th Alabama senator's admiration for the
Jurist began In their association as mem
ber of th Paris tribunal of arbitration to
adjust the Be h ring sea sealing controversy
between Oreat Britain and th United
States.
First to TJso Term "Csckoe."
Mr. Morgax Is credited with originating
the term "cuckoo." which has come to
mean on who applauds every utterance
from the White House. In the second
Cleveland administration he referred In a
sarcastic way to the subserviency of some
of th senate democrats to the require
ments of the president.
"The trumpet has sounded, he said, "the
forces are marshaled, the clock has struck
at th White House, and the cuckoos her
all put their heads out of their boxes and
responded to Inform us of th time of
day."
Mr. Morgan was Just twenty-on when
he hung out his shingle. That was sixty
two years ago. H used to tell that b.
started to practice law on a Tuesday anT
got ' hi. first case the following Saturday.
"My first case," h. called It. From the
start h. succeeded, although he never bo
came wealthy. He had married before he
was admitted to the bar. His people wero
whlgs, but he became a democrat and thus
brought about family dissension. In th
civil war he enlisted a a private In the
confederate army, and rose to the rank of
brWudler general. There waa nothing
about Mr. Morgan, however, to suggest the
soldier. Hs was always the lawyer and
the legislator.
Society never saw Mr. Morgan. H. lived
In an old but attractive house In a part of
Washington one. fashionable, but now In
the business section. It Is John Marshall
Place, a short distance from the District
Courts building. Here h lived, year tn and
year out, tha routine of his existence
broken only by occasional visit, to Ala
bama. When congress was ln session he
would go to the capltol early, and after
tha senate adjourned would return to his
home to spend th rest of the day In
reading, writing or study.
Hastier Project Plans.
To Intense Interest taken throughout
th. United State, ln the opening of the
Huntley Irrigation project. Indicates that a
large number of peopl. will go to Mon
tana tn order to get an opportunity to
draw for the (31 farm, which Uncle Sam
will give every qualified entryman by an
impartial public drawing. TU detail, of
this drawing can be obtained from the
local land office at Bllllnga, Mont., or from
th. general land office at Washington, D.
C. The applicant must, however, go to
Montana to execute th. necessary papers,
which must b tn th Bllllnga office on or
before June C Oreat care has been taken
to subdivide the lands so that all the farms
shall be as nearly a. possible of the same
value. Th farms will contain as nearly
as pnsslbl. forty acres of Irrigable land.
Th total area, however, will vary consid
erable on account of th two lines of rail
road paaalng through them and the canal
system which necessarily must cut some
of th farms Into Irregular shapes. The
total area of th farms will vary front
forty to on hundred and sixty acres.
For this reason th reclamation service
has printed a large number of township
plats showing th arrangement and areas
of th farm on It.. There are seven of
tltos plats, each showing a township, part
of which Is subdivided and He. wttnln the
project. TheM plats will be sold at lu
eonta each or W cents for the set, and can
be secured from the director of th reels -motion
sor-tc at Washington. D. C, or
truaaa Uu feoal land 4To at billing. Maul
1
ORCHARD TO BE ARRAIGNED
Proceed I oar Will Make Only a Slight
Break In the II ay -rood
Trtp.l.
BOISE, Idaho, June 1.-While the trial
of William D. Haywood, charged with con
spiring to secure th murder of former
Governor Bteunenberg, stands suspended
for a day, Harry Orchard, the chief wit
ness ln the case, will be taken to Caldwell,
Canon county, where the case against htm
for the actual murder of Bteunenberg will
be called and postponed until the next term
of court. Judge Fremont Wood, who Is
presiding tn the Haywood case, will bold
court In Canon county tomorrow, acting
forv. Judge Bryan, who Is disqualified In the
Orchard rase because his partner Is or was
counsel for Orchard at the time of his ar
rest. Orchard will b taken to Caldwell
on th local train leaving here at T o'clock
tomorrow morning. He will be In charge
of Warden Whitney of the Idaho peniten
tiary and a force of guards.
' The adjournment of his case will be
merely a perfunctory matter, not taking
more than a few minutes. The prisoner
wil tat once be brought back to Boise.
The Haywood trial will be resumed at
9:30 on Tuesday morning when the state
will continue the Introduction of evidence
in support of the Orchard story and en
deavor further to link the defendant with
the conspiracy to murder Steunenberg as
outlined by Orchard In his confession. So
far the evidence has been corroborative of
Orchard's story of his many crimes ln
major and minor detail. The direct con
nection of Haywood has yet to come out In
evidence. Certain evidence has linked him
with Adams, whom Orchard says was his
partner In a number of crimes.
It is probable that the case In direct
for' the state will rest by the end of the
week. Counsel say that It will take at
least until Friday neat to conclude. Adams
may be caled to the stand In a few days,
but this Is not certain. .
A strong effort w)ll be made to get
Adams' repudiated confession before the
Jury, and will, of course, be fought vigor
ously by the defense. . Lawyers who know
the history of th prosecution of Adam
and his confession express doubt as to th.
possibility of getting the confession In.
The defense has already announced that
they will have between ISO and 200 wit
nesses. Subpoenas have not been asked
for these, and It Is therefore probable that
It will be shown that they have come for
ward voluntarily to testify for Haywood.
That this will be done Is almost certain
from the questions asked the state's wit
nesses to show that they were brought to
Boise on subpoenas tn most Instances and
served by the Plnkertomv and that many
of them were advanced money from tha
Plnkerton officer. The witnesses. It Is
understood, will be chiefly tn contradiction
of Orchard by alibi as to. the whereabouts
of Haywood or Moyer or Pettibone, and
even of Orchard himself.
'Both sides were basy all day today tn
preparation for th continuance of th.
struggle.. Haywood-- was visited at th
court house by hi relatives and counsel,
and Orchard, was brought from tha peni
tentiary to Mr. Hawiey's office during th
afternoon. For some time be was In con
sultation with ouunsel for the stats. Or
chard may go ok tha t,od again this week.
WESTERN MATTERS AT CAPITAL
Land Withdrawn on Acoonnt of Irri
gation Project Retorned to
Settlement.
(From a Btaff Correspondent.)
WASHINGTON, June 14. (Special Tele
gram.) The secretary of the Interior has
vacated his former order of February U,
1903, Insofar as the same affects the with
drawal for Irrigation purposes under date
of June 17, 1902, for use ln connection with
the North Platte project. Nebraska-Wyoming,
of the following described lands In
Wyoming, and by his authority such of
said tracts as have not been heretofore
finally restored and are not otherwise with
drawn, reserved for, or appropriated, will
be Subject to settlement under the public
land laws August 26 next, but shall not
be subject to entry for filing or selection
until September 25, at the land office at
Douglas. Wyo.: All of township 31 north,
range 63 west; all of township 31 north,
range 68 west; all of townships 31 and 33
north, range 70 west; township 31 north,
range 21 west; all of sections 1 to i In
clusive; the south half and northeast quar
ter of section 5, the south half of section
6. all of section. T to 36. Inclusive, twnshlp
32 north, rang. Tl west; all of sections 1 to
4, Inclusive, th. north half of section S,
the northeast quarter of section 6; all of
sections to 16, Inclusive; the east half
and south half of th northwest quarter,
the northwest quarter of the northwest
quarter of section 17, the east half of sec
tion 20, all of sections 21 to 23 and S3 to
36. Inclusive; all of townships 33 and 31
north, range 71 went; township 31 north,
range 71 west; south half section 1. south
half section 2, all sections 3 to 36, inclusive;
all townships 33 and 34 north, ranges 73,
78. 74, 85. 76 west; township S3 north, range
77 west; all sections 1, 3. S, 14 to IS, Inclu
sive, 23 to 27, Inclusive, 34 to 86, Inclusive;
township 34 north, range T7.west; all sec
tions t 1 S, 10 to 1, Inclusive. 22 to 27, In
clusive, 34 to 86, Inclusive. Also the follow
ing will be subject to entry filing and se
lection September 86 at tha Cheyenne land
office: All of township 29 north, range 67
west; all of towpshlps 29 and 30 north,
range 68 west; all of township 80 north,
range 69 west.
Rural free delivery rout. No. 1 baa been
ordered established August 16 at Hendley,
Furnas county. Neb., serving 400 people
and eighty families.
Ernest F. Peterson has been appointed
postmaster at Sunbury, Cedar county, la.,
vice J. F. Schroeder, resigned.
FIR ERECORD.
High School Balldlnc
FORT DODGE la.. June 18. (Special
Telegram.) Fire caused by a live wire
totally destroyed the magnificent Fort
Dodge High School building early today.
Loss. $76,000; Insurance, 83.000.
STAGE
IS
SWEPT INTO FLOOD
Preacher nnd Woman Driver Havo
Narrow Kacaoe from Drowning.
HEMIN'GFORD. Neb., June 16. (Spec
ial) Kev. E. II. Fggers. pastor of tha
Ovrman Lutheran church here, had a
ni row escape from death from the rush
of .water In a canon mad. caused by a
cloudburst. He ha 4 filled his appointment
at Unit. Sloux county, and was returning
to Crawford on the stage, which was
driven by th. wlf. of th. owner of th.
line, Mr. J. Henri. Th water .wept th.
horse and conveyance down stream, pre
cipitating the occupants Int th flood.
Mr. logger succeeded tn grasping a tree
near shore and Mrs. Henri lodged In a
tree tn th stream. After almost Incredible
effort and at th risk of his life Mr.
Egger succeeded In getting the woman
ashore. Th. hors. waa drowned and th
rtg and mall war lost.
BLOCK FOR PLANS OF ROADS
State's Rate Suit So Com true d by
Railway Attorneys.
ONE SAYS CONFESSES WEAKNESS
I Iterance of John M. Baldwin, Who
Assert Low, If Valid, Carries
Its Own Power of
Enforcement.
It Is a confession of weakness tinon the
part of the state. If the laws are valij
they carry their own power of enforcement,
John N. Baldwin, general solicitor f the
Union Pacific, referring to the Injunction
suit filed by the state tn the supreme court
to compel reroernitlon by the railroads of
the 3-ccnt passenger fare and the Aldrlch
freight rate laws.
1 can conceive of no other purpose by
the state than to anticipate the action of
the railronds to protest the law. trar road
never slgnfled an Intention of this kind
John F. Stout, attorney for the Missouri
Pacific.
In stating his views of the case, Mr. Bald
win took occasion to correct certain reports
arising from his address before the Ne
braska Railway commission recently, say
ing he had been misquoted and his utter
ances misconstrued. Both attorneys said
their roods and the others of Nebraska
had placed ln effect the 2-cent fare as soon
as the law became operative, but pointed
out that the Aldrlch bill did not become
effective until July 6, as It carried no
emergency clause.
J. E. Kelhy. attorney for the Burlington,
who has had this rate case matter ln hand
for his road. Is out of the city.
Mr. Baldwin State Ills Views.
"Tha suits brought by the state on re
lation of the railway commission against
certain of the railroads are certainly novel
and unheard of In Judicial procedure," said
Mr. Baldwin. "It Is a confession of weak
ness upon the part of the state. These
statutes ln question are clear and manda
tory. If they are valid and constitutional
they are easily enforced. The provision,
are direct and cloar. The railroad, are di
rected to make certain charge and no
more for th transportation of passenger
and certain commodities. In case of viola
tion oppressive and drastic penalties are
Imposed. Again, many provisions In the
general statutes are made for the enforce
ment of these laws. A tribunal, the State
Railway commission, is especially created
to see to the enforcement of these laws and
to Investigate violations thereof and Insti
tute proceedings for the Imposition of heavy
fines and penalties. There are, however,
clear, speedy and adequate remedies at law
for the enforcement of these act. and for
the protection of the rights of the people
of this state. And yet these officials now
appeal to the hlgheot tribunal In the state
for equltoble relief. They ask for the as
tounding relief of Injunction against the
commission of offenses or acts against the
peace and dignity of the state. If these
laws are valid and constitutional they can
be enforced and those who violate them
heavily penalised. Would the state ask a
mandatory injunction against an Individual
requiring him not to commit murderT
Has No Poor of Action.
"I hav. no fear of th state's action
so for, as !h "Union Paolflo la concerned.
If thee law ar constitutional and valid,
th Union "Pacific will obey them. If they
ar not th slate should not ask for the
enforcement of their 'provision. ' I had
thought these questions would be calmly
and Judiciously determined ln the proper
form and forum.
"I would like to say In thl connection
that certain reports with reference to
my remarks before the Nebraska Railway
commission at Lincoln are incorrect. There
has been some discussion, editorially and
by special communications to th papers
In the state, based upon the alleged fact
that I had stated before the commission
that the 'states had lost their power.' I
never said anything of this kind. I never
aid anything akin to It. I never said
anything that could be distorted Into any
such .meaning. There was nothing tn my
remarks from which such an Inference
could possibly b drawn. I made no ref
erence whatsoever to thl. legal question.
My remarks were taken down by the of
ficial reporter of th commission and
what I sold can be definitely ascertained.
Doakt as to Power and Do tie.
I will say now, however, that In my
Judgment there Is a serious question pre
sented as to the relatlv. powers and duties
of the state and federal governments.
There has grown up such an Intimate and
necessary relation between Interstate and
local traffic and of the rates of charges
thereon ln order to handle the great vol
ume of business ln this country, that th.
carrier, hav. had to make theo rate,
state and Interstate, by a consideration
of all the condition, of both and have
never acted upon the consideration of one
of these classes taken by Itself. The
necessity of this, In my Judgment, has
been clearly demonstrated ln Judicial ht ar- J
Ings and Investigations. This being so,
whenever a state reduces a rate locally
or on the lntra-state part of the traffic, It
necessarily affects the whole system of
state and Interstate rates. A reduction
In Nebraska upon either freight or pas
senger rate, necessarily compels a change
and possible reduction upon Interstate
rate, and upon state rates In the territory
covering a number of tributary states.
If thl. be true, It necessarily affects In
terstate commerce, th regulation of which
' Is exclusively committed to congress. The
two classes of rates, state and Interstate,
are Intimately related and connected to
gether. The business of an Interstate
carrier, being a business which both be
gins and ends within one state and which
passna through and over different states. It
may be ln Its sphere of action and ln all
Its varying ramifications and diversities
beyond the constitutional capacity of the
state to regulate. It may be that ln thl.
.ens and because of th. great and press
ing exigencies of the business of the car
riers ln this country that In thl. one par
ticular at least th. Jurisdiction and con
trol of carriers will ultimately find lodg
ment ln the federal power."
"Our road and all others have had the
2-cent passenger fare In effect since the
law became operative," sold John F. Stout,
attorney, for the Missouri Pacific railroad
in reference to the suit filed by Attorney
General Thompson In the supreme court
to enjoin the railroads of Nebraska from
enforcing any other rates than those con
templated ln the 2-cent fare law for pas
senger and Aldrlch law for freight.
"The only object I can conceive of the
state Is to anticipate action by certain '
railroads to contest ths new laws. You
know the Union Paclflo, Burlington and
Rock Islsnd have signified their Intention
to file contest action and similar laws ar.
Imll.rlv being attacked ln Missouri. Well,
tt la this action, I apprehend, th Nebranka
authorities meant to anticipate.
"I do not mean to apeak with full and
final authority, but I can say, so fur as
my advtc goes, the Missouri Pact tic never
Intended U Jgta JA a attack Ufon the.
lawa.1
TROUBLE FOR THE JOBBERS
Guarantee on Maasfarlsred I'rodnet.
Doe. Not rrotect Third
Party.
WASHINGTON. June IS Trouble I.
brewing for Jobbers and wholesale dealers
In food and drug products, under the con
struction placed upon the pire food and
drugs act by the Iepartment of Agricul
ture. Under the law the manufacture of a
particular line of food or drug products
may obtain from the Department of Agri
culture a guaranty of the purity ami
wholcsomcness of the products. To the
manufacture whose products have been
passed upon by official, of the Depart
ment of Agriculture, a serial number Is
Issued as an Identification of the product
Inspected and found to be manufactured
and labeled ln accordance with the law.
Until recently It was supposed that this
guaranty would hoi good throughout the
distribution end sale of the products, but
the Department of Agrlrulture holds that
It does not.
The law requires that the guaranty shall
be from the person who sold the goods to
the person charged with the offense. Thus,
If A. & Company sell to B. A Company
and give a guaranty the former's guaranty
Is not a valid defense for C. Company
against any action under the food and
drugs act, as the last named purchased the
goods from B. It Company.
It is the Intention of the Agricultural de
partment soon to Issue a regulation re
garding this matter which probably will
create wide Interest among Jobbers and
wholesale dealers all over the country. It
will be necessary for them. In order fully to
protect their Interests, to Insist upon di
rect guaranties from all those from whom
they purchase food and drug product..
HIGH SCHOOL SENIOR BANQUET
With Toasts, Responses, Mnslo nnd
Address by Superintendent Even
ing Pleasantly Spent.
The high school senior banquet for the
class of 1907 took place at the Paxton
hotel Saturday night. About 200 covers
were laid. The menu was an elaborate
one and excellent music was discoursed
throughout. Frank Hoel acted as toast
master and the following toasts were re
sponded to: "The Class of "07," Eleanor
Jaqulth; "Our Wrongs." Roger McKensle;
"Our Girls." Arthur Wakeley; "Our Boys,"
Hunlce Howell; "The Faculty," Ruth
Toder; Tho Battalion and Camp," Louis
Sweet; "Our Relics," Marie Mack In;
"Commencement Orations," Rosena Man
dleberg; "Twenty Tears Later," Will Dal
sell. Superintendent W. M. Davidson made
an appropriate address which was en
thusiastically received by the class. The
evening wlll.bc recalled with 'pleasant
memories by all who were present.
SECRETARY TAFT RECOVERED
Leaves Slonx Palls with Senator
for n Visit to Port
Mend.
8IOUX FALLS, 8. D., Jun 16. Secre
tary of War Taft arrived her from St.
Paul at 6: SO thl morning. He aald he
had entirely ' recovered from hi . India
position. No formal reception was
planned, but several hundred people called
to pay their respects to the secretary.
He attended church and at 1 o'clock left
for Fort Meade with Senators Gambia,
Klttredg and Crawford.
DEATH RECORD.
Pnneral of Engineer Snvnsre.
BOONE. Ia., June 16. (Special.) The fu
neral of the late Engineer T. J. Sovope, one
of the charter members of the Brotherhood
of Locomotive Engineers, who died at his
home ln Chicago Thursday morning, on th
day that the fortieth anniversary of the
founding of the order was being celebrated
In Boone, was held this aftsrnoon at I
o'clock from the residence of his brother-in-law,
En.lr.eer George Stevens, and then
from the Church of the Sacred Heart. Many
friends from near and far gathered and
the loads of beautiful flowers showed the
esteem ln which be was held. The pall
bearers were all members of the brother
hood and this body had charge of the serv
ice. Tlie church was filled and a large
concourse of friends followed the remains
to the Catholic cemetery. The funeral
party came to Boone ln General Manager
Ashton's private car No. 401, and will re
turn in this car. It waa kindly loaned for
this occasion by the general manager, who
was an old personal friend of th dead en
gineer. Preaaler Trial Beortns.
CHETENNE, Wyo.. June 16. (Special.)
The taking of evidence ln the Ray
Pressler murder trial comnn-nct-d 1n the
dlHtrlct court this morning. Dr. Desmond,
who attended Edwards, the murdered po
liceman, was the first witness. He ex
plained the character of the wound In
flicted by Pressler with a knife. His
testimony was damaging for th defense,
and th effort of Pressler. attorney,
to .hake the doctor's testimony were
unavailing. Pressler'. defen.e will be
emotional Insanity and brain storm.
No Trw.ro of Drowned Middle.
WASHINGTON, June 16. The Navy de
partment tonight received a dispatch from
Admiral Evans. In command of th. fleet
ln Hampton Roe da, stating that tha search
for the bodies of the six midshipmen and
four sallorss who, with the fireman whose
body has .Inc. been recovered, were
drowned by the .Inking of the Minnesota's
launch last Monday night, was continued
today without success. The draggtng of
the harbor, the dispatch said, would bo
resumed again tomorrow.
Got Telephono Lines In Shape.
EVAN8TON. Wyo., June 16. (Special )
After two weeks' work the Rocky
Mountain Bell Telephone company ha. re
paired It. wire, which wer. broken and
damaged by th. heavy storm. The work
waa don. by two nonunion men, th.
strikers refusing to assist. A large
number of strikers came down from Salt
Lak. In an effort to call off the strike
breakers, but without avail. Violence
was therat.ned at one time, but th. au
thorities name to th aaslstanc. of the
nonunion workmen.
Convicted Banker Collapses.
PIERRE. S. D., June 16. (Special Tele
gram.) Charles C. King, the Scotland
banker, who was sentenced yesterday to
five years at Leavenworth prison for vio
lation of the national banking laws, kept
up a brave front until senten.ee was pro
nounced, when he broke down, and since
being takes back to Jail ha collapsed
completely and has required the services
of a physician several times today. He
will be kpt t.cre In Jail until the rase of
Yellow Boy, th. Indian charged with mur.
der, I. disposed of, and If he 1. convicted
both will b token to Loay.nwortb to-gsther.
NEW TRADE FOR CITY
Reclamation Supplies to Be Bought
and Stored in Omaha.
NEWELL SAYS IT CAN BE DONE
Head of Government Service Secures
Approval of Secretary Garfield.
INDIAN WAREHOUSE IS AVAILABLE
Director Consults with Superin
tendent Jordan as to Feasibility.
LARGE BUSINES3 FOR JOBBERS
Tremendous Development In Nehraskat
and Other Western States Brings
Mr. Newell Ont on Important
Mission.
F. H. Newell of Washington. D. C, di
rector of the United States reclamation
service arrived In Omaha Sunday morning
and spent the day In the city, coming her.
from Chicago, end is enroute to the Paclflo
coast.
"The object of my visit to Omaha." aald
Mr. Newell, "was to havs a conference
with R. C. Jordan! superintendent of th
Indian warehouse here, with a view of
ascertaining If this warehouse could b
utilised for storing supplies of all kind
for th reclamation and Irrigation servlc
of which we have need for a large quantity.
We now have about ld.000 men employed tn
the reclamation service and about 6,000
teams in the thirteen states and territories
ln which the work Is being prosecuted la
the west. We hav necessarily to buy
large quantities of material of all kinds.
Including provision supplies, wagons,
horses, harness and cheaper grade, of
clothing, working material and, ln tact,
about everything that enter. Into the ne
cessary equipment for Such extensive work
In which we are engaged.
Can Bar Much In Omaha.
"I am of opinion much of this material
can b bought In Omaha, and am free to
admit the transportatlpn facilities from
Omaha are among the best ln the country.
I understand that great' quantities of army
supplies are bought here, and a. th. sup
piles needed ln the reclamation service ar
of a similar character there Is no apparent
reason why we cannot buy these supplies
ln Omaha. Of course we shall have to buy
where we can buy the cheapest, and at th
same time take the question of transpor
tation Into consideration. Proposals sooa
wilt be Invited for supplies of the character
Indicated, and I hop. Omaha will be a
liberal bidder. It Is a matter that should
Invite the attention of your commercial
clubs and Jobber, generally.
"June 17 Is the fifth anniversary of th
passage of the reclamation act and. a
you will remember, the funds derived from
th sales of public lands which already ap
proximate 8t0,0ij0,0(0, ar to be devoted to
the reclamation servlc. W are now ex
panding at th. rat of lL5uu,0U) a month la
th work. vj .'.
Half r Contract. ..
"In this work about half of It 1. being
don directly by the government, and th
other half by contractors At first tb
work was contracted for, but many of th
contractors failed In the work, and It had
to b taken over by the government. These
failures ar attributed to the material ad
vance In the cost of materiuls and the
eight-hour day law, which put many of
the contractors out, of business.
"As a result the government has taken
over much of the work, and vast quantities
of material must be bought and w must
hav places to store It for preservation and
care until It Is needed. The reclamation
service has no store houses, and I sug
gested to Secretary Garfield w might
utilise some of th Indian warehouses scat
tered throughout the country for the pur
pose. I was not aware at the time there
was such a warehouse at Omaha. Seer
tary Garfield at once fell In with the Idea
of utilising the Indian warehouses and
snld, 'why certainly, go ahead and us.
them. That's Just the thing.' Hence th
proposition Is right up hore to Omaha. I
hunted up Mr. Jordan today, and In look- 1
Ing over the warehouse here, think It 1
admirably situated for th purpose. I son
going from here to th Paclflo aonat,
Important Irrigation Worlcs.
"Soma of th most Important Of th gov
ernment irrigation work are In Western
Nebraska ln the North Piatt country.
The government Irrigating canal I. being
supplied from the North Piatt from th
Pathfllnder dam, about forty miles west
of Casper, Wyo. While the dam Is not
yet completed, nor will It b possible to
complete It for some time, yet water wa.
turned Into the canal about the middle
of April and It la flowing nicely. The peo
ple up there are Impatient and want
everything to b don at one. There la
a good volume of water In th river now
and we ar not depending so much upon
the storage supply to bo obtained from th
dam a from the natural flow of th river.
Tha dam must necessarily be completed .
In sections. I think th tlm. will com
when we may be able to build a canal at
ths south aid. of th North Piatt, to be
supplied from the Pathfinder dam and have
these canals connect with th Laramie
river Irrigation system. But that Is merely
a question of the future.
"Th other big Irrigation projects being
carried on by the government ar thos. la
th. Big Horn basin, th. Huntley, Wyo..
project and those In Colorado, Utah and
Nevada. The Huntley sohems Is prac
tically computed and ths drawing for
these Irrigated lands will take place In
August. About 700 farms will be realised
from the drawing out of the 1((KX chance
to b offered. The successful prise draw
ers will be required to pay about 136 per
acre for the lands tn ten annual payments.
Gannlson Tonne! Big On.
"One of the heaviest undertakings In th
whole Irrigation scheme Is th Qunnlson
tunnel ln Colorado. This tunnel Is to b
30,000 feet tn length and of which about
80,000 feet ar now built.
"In Utah w ar building tb Strawberry-
tunnel, 10,060 feet long, ln what 1
known as th Spanish Fork country.
"Another great enterprise la th building
of a canal from Truckee lak t th Car
son Sink In Nevada, which will reclaim
a large tract of country. This sink m
braces part of th famous forty-mils de
ar! known as ths Sink of Humboldt snd
Carson, and upon which dessrt so many"
of th California forty-niners' perished
when enroute to California. Strange as It
may seem that our Investigations In that
desert or sink have shown that plenty of
g'.oj water la obtainable at a
Uupth of fifteen feet. This we ascer
tained by driving well points. On all our
surveying expeditions w carry the well
points tor Investigating parposo, j it