The Omaha Daily Bee
VOI XXXVII No. 174.
OMAHA, TTESIUV. MORXIXfl. JANTARY 7, 1P0 TEX PA GIN.
SIXGLK COIT TWO CENTS.
1.
LIABILITY ACT VOID
Supreme Court Knlei Out Law
Intended to Protect Trainmen.
rmsioi akosg the judges
fire Decide Araint Statute and Four
for It
HOLD THAT IT IS TOO BBOAD
It Girei CongTf u Too JCnch Power i
Orer Local Affair. j
OniXCI BY JUSTICE WHITE I
n "ay 1 aeler Art 411 Partle
Ea;arl as; I" litmtilf ( nifrrf
w ejected All Arts t
Pederel C astral.
WAaHTX3TCN. D. C. Jan 4 -That the
wgreeatonrU Kt known a ine "Em
ployer" Liability Law" is no; la accord
ant ar1t It the eannstitution ef the I'nlted
Stale, because It (oea bcycid the bounds i
permitted la the regultron of internal j
mramwi, wa th conclusion reached by
the s-apreme court of the t'nited States in
, er letting two damage casea coming to the
court (mm tha federal court of Kentucky
and Tenneaaee. wtilch were brought under
the prw-vtason of tha law.
Trie decision waa announced by J(f
WTritte, th court tndtng five to four
against the law. Among 1've men who
voted not to sustain the slat", tiiwt were
differe-at shade of opinion Much inter
est waa manifested in the result of the
court' deliberation.
'lata la th necialoa.
Following are the pnneir-! point from
Justice White opinion:
ti act tlirn being addressed to all
oominoo carriers et-nglised in Interstate
commerce, and iinpoKns a lii'o.'lity upon
the m In favor of any of t'.cir e-rployes
without qualification or re-.rir'ion at to
the business in which the carrier or their
emplpyw mar he ervsarcd " '-"e time of
the It Jury, of Eecrssli j- incljor juhject
who'ly outside of the pow.-r ;f corjTjs
to regulate eximmerce. Wtthoul stop; ing
to consider the numcnui hfnin uhxe.
alt bough a coroinon carrier ia engaged in
biterauua co-nmrcr. ijcH carrier may. in
tea natur of thi&es, muud bui.nfis not
Interstate commerce, although auch local
business may ind'rectly be related 10 in
terstate com-necce A few illastriiior.s
homing the operation of the statute ta to
natter wholly independent of interstate
commerce will serve to make clear the ex
tent of tha power exerted by the statute.
Taa a railroad engaged in pterrate com
merce, having a purely local brancn op
' eraied wholly withm a state. Tke Sf:n
the same road ba!Tig shops for repairs.
ad. It may be, for cons; ruction worst, at ,
wajl aa . a large accounting and clerical
fare and having. U may be. s'.or5 ete-
vwtora and warehouse, tmt to susavst be- j
id the possibility of lit bthtg engaged to
other , JruSepewdeat
ieingrapn--wTiii mwf-v ..
" ""-
Take an xpres company engaged la lo- j
cal a weTl as interstate buajneaa Take
a trolley line moving wholly within a state!
a to a large part of it business and yet
as to the remainder rrossi-ig the state line
(Careers Pswert mt rwaarreaa.
"A the act thus Include mvny sub
ject, wholly beyond the power to regi;
lste commerce snd depends for i.s ssno-
tloa upon that authority, it results that j
the act la repumant to the constitutor j
and cannot be enfored unles theie be i
merit in the ropo:ons advanced to ,
esow that the statute may be ved
Sa far aa the fare of the statute ts 1
concerned tbe aigument is this, that he- '
cause the statute nays carriers ergsgeu 1
ia commerce teiaeen the states, etc..
therefore the act should e interpreted !
aa being ev.!usne: applicable to the j
Interstate vouym-ne busineiss and none
oxner oi au.-n e-arriers ana ir.ai nv uiui
lo) employe' as found in the statute,
ttoutd b. held to mean any employe.
whea ueh smploye is engaged only in
interstate commerce. Rut this would re-
qutre u to write into the statute worl
of ltmttaUon and restriction not now In
It, But if we could bring ourselves to
-modify the statute by writing in the
. WvrdB auggueted the result would be to
restrict the oj-eration of the act aa to
the LHetrlct or Columbia and the ter
ritories. )
tatat ts ladlTialble.
"Of oovirBa. if it can be lawfully done,
our duty la t conatruct the statute ao
aa to render it constitutional . But this
doe not imply. If the text of an act is
unambiguous that it may he rewritten
t aocempltsk that purpose Kquaily clear
la It, generally speaking, that where a
statute contain provisions which aie
constitutional and others which are r.c.v.
effect may be aHen to the legal pro
vision by separating them fn-tn the
illegal. But this applies on;y to a caee
Where the prtii-lstons are not inseparable
61 aot depr,dBt one upon the other
gjtd doe sot aupport the cor.tmin tht.t
that which 1 Indlwsit.le may be onuiM.
Mer-rer. when a case where t:. lesal
aroetsleni may be serned Irom luute :
which are Illegal., ia order to aaie the
statute, applies only where it is plain'
that coogr would have enacted the
legtalatlpn with the unconlitutioi.l ni
vision eliminated Ail these prinr rles
are so clearly settled a ret to be open
ta cvatretera.
Art hi t aeaauitatlaaal.
It remains only t ronsid r the csnten- ,
tioa which we haia prekusl ciu :e.1. thai 1
trta act 1 rnstiluKtial. slihcutti it m- '
brace Subject not withm the power of
congreaa legulate commerce, because
on tht enaage la mteretate commerce '
theieby admit all hi buawaess concerns
to the rea-ulatin power of congress To
etate the r"Tatia is to isfuie It. I .
l7:,Mf AGREEMENT FINISHED
rea erttta i jwer new delegated I) 't r i
oenattttw: In oeh.r woida with .he rent
t legislate concertrg matters of pu.e
state concern. It Teas cn liie conr-p'i
that the constltuiloo .iesiroyed tha' fee, i '
dom or CSmmerce which it was .IS pjr;.se , FAF.1S. J- t--Tr.e go ernmeat has been
preaerre. st-ice It treats il.e light t- .i.- 'ed hy M Jusetn4. the French am--nr
la inter-at. ce-v,ierve as a prlr ,eg, t Was: .rton. that tue Franco-
'wr.lch cannot be a. a' led of .seep: on auea ' Arr-eriean tariff regotiationa at Washing
coadinone a It ir,.y rreibe. even t-. . g i j y yr aucressfully terminated and
h. adSldtttona irar . h.r-: K. l..,nd i
power ef oongrea. It la ap-atent that if
I he eemtawUoei were well f - .i.-le i, r w auH
extead the power ef obgreas it rmry e it
caivabla eubject, bewevrr tnhefch.iy Wa'.
would oWtterat all the I'm .at! .re af i-oarr
Imposed by the eonatuut! jn ail toJ
detrr tb authorliy of ths a.a s ei t. a 1
cwweeiTwbi matter which from ti.e s-rln-
tiarw ttna and must aoat.nu la be
-
VtUcte4 a txma4 Paaj4
summary of toe beeitaft for better army pay
Taeaday. Jiaairi
lfsow.
ms
rPi jar
! ST' TZZ. Ufa 7WL'
2 34
8 own
15 16 1Z IS
12 K
19 20 12 2S 24 25
26 2Z t 9 SO SI -
TT Omaha. Cox
Katr Tuliy.
-Viluffs and Vicinity
Tor NehraBka Ka ir Tueaiy.
For l-'air Tuesday.
Temperature kt tnalia cslerda :
Hour.
Dea
.... k;
... 2 ;
- j
.... in I
... xi
.... a ;
.... J !
...
... 4
. . . 44
.... n
.... 3
... r
.... Sfi
... ..
... M
zoifxirxc.
Congresrman B"yd t.as introduced a
Mil authorizing the payment to the tVin
nihago Indians of trust funds due the.n
and also to permit thern' to sett their
lands. Far 1
Report of lnterftafe Commerco com
mission shoaa work of hoard trreatiy
liv-rcased and a number of problems
needing solution. aaw 1
Secretary of War Taft in his rtport of
the military department to coiigr. ss -5-j
vises ini reasod pay to aoldiera in a ew
of scarcity of enlis'.ti snec and officers.
' raga 1
Hrry Thaw'e aecond trial brp-ins at
Ntw Tork and three Jurors are secured
provisionally. aca 1
Supreme court of Pennsylvania refuses
I to take any further Jurisdiction of the
HfT-tie divorce suit lag 1
) Burglar alarm at Maitland, Mo., saves
bank from robbery. Pafa.l
No known ir)ofrve fcas been found. for
the throwing of a bomb In the barement
of the first National bank of Kansas
City. Fags I
President Roosevelt In a special roes---.ige
to v:ie house of representatives 5e
(Irrcs ti e census should be taken by em
rloyes ho are selected in competitive
mrrir.ations free of the "taint of the
po!ls system." Pag
The Hughes club of New Tork has ben
. incorporated and will further the interest
of the governor for the presidential noml
nation. P4s 1
Representative John Sharp Williams
1 as introduced la congress a bill to pro
tect the reserves of National banks.
Par a
Sundard Oil company seeks to inter
vene In litigation ia supreme court that
Involves same question as in the Alton
ret-ating prosecution. Page
President Roosevelt makes public the
letter of Admiral Eroa nson resigning
, t rest -4he e4ij -of fl tf t
aavigatii.u la the navy
Pags 1,
w has be-a oe-
Krr.plovers liability )i
clsrwj ucontittloiial
j.-ta,p. supreme court,
Former Congressman
Para 1
Williamson of
Oregon has been frefcd from the charge
of conspiiacy b the 1't.ited Statea su
preme court Pe 1
POKEIOV.
The tariff agreement betaeen Kran.e
and the Vnited states has been finished.
Par 1
France Is much disluted over reports
that she would like to see Japan and
lmted States at war. Page I
State Railroad commission at Lincoln
cwdrrs suits filed against PosUil and
Western Vnion Telegraph companies for
collet t ion of penalties because of ' dis
regard of railroad commisaion law.
' " Page
KOTEICXH'TS OP OCZAbT TXAMSatIP5.
wn Ttra
Fa', led.
"vrw rr.K 1 Gacoe
K. A Vie-le
v'A-waaia.
; y'1-- ;; .m.; . ; ; 4
i sciI'THamPTOn Nr Tert. . .
, ET WIRELESS
Frow H b.1 Fresiaent Grant, from New
Toik to IM mouth. Cnerboi rg and Ham
burg was ljv miles southwest at l is p. in.
The Liisni-Z-elend. New Tork for Ant
werp, was X. nuia west at 4 Id p. in.; will
reach Amwtrp S a. m. Tuesday.
DRUCE PERJURY CHARGE FAILS
Aetlaa far Recovery ef Portlaad Ka
tate III He Packed la Est
llsk Coarta.
Ixi.NTxjN. Jan. . Tlie perjury charge
brought at-snst Herbert Druce by hi
nephew, ele-orge Hfllamby truee. has col-laie-d
hut the (Ml actliti for the re
covery of tie el sua of the duke of Port
land will be eonwnjed this afternoon, when
Mr A'herley-Jone counsel for George
Hohamhy Bruce, aenouneed that tn view
of the discewerics ttnade whn the coffin
of Thomas C iTuee was opened atd ex
amined lreembcr M it will be imnossihle
to iTiKeed with the provocation. The staie
ment wa made after the present a urr, of
evidence by Prof Augustus J JVpper of
tl,e I'niverstty of Ijondon end ci hers wl o
were present at tlie examinaibrn.
Herbert I truce was harged with com
nrttir.g tK-rjur.- by sweat irg thai Lis
father. Tiiomas el .arles I en-e of Hi Btker
sti bisaar etn-d fxyeitiier 3d. lw.4, and
tl.&i he mi He dead body placed in a
coffin and l-eri-d in litghgate c-tnet er
George Hoilamb) I'rece dee la red that ihra
ruun be untrue. lex auae T. C. I'ruce Was
in fact the fifth dke .f Ppnlat.d. alio
liied until 1 l'r'r this ground Geotre
llollarr.by rru e clamed that he himself
was the r.rhilul heir of lie Puj-tLana
dt.kedom aod tat. the irnome from
I which is place at tlfrt&tjci a )ear.
Fraare- merieaa ea.li.il... flear.
aceeaefal Trralaitiss la WVaaB-
llo itatlsrn awwa.
. " ' " "-" ""--"".- i-i signea
tn tfat ciiy toeUy or tomorrot
Hiram . a-r Heeleeted.
Cllir-AGu, Jan. Hiram N. Sagetr waa
re-e:ec.eet :;5.nt of taa Chicago Board
of Tied tfx'.sy.
J. Peww-ta laaatt 1U.
lOriSVlU-K- Ki . Jaa. a Parmae
eVtreraare aad Ex-donrrwairr aa j. frocia.
7:Tr-pf ' k a. m.
Ja 1 a. m.
XiTlt 11 a. m
; I P- m
I 1 H
1 Knoll, Isanarwd a auJ ef pe-raiyi last
"" BBaBaaBBTaaBmaaaTTt i W
! Secretary of War Kakei Thi Secom-
mendation to CongTesi.
NOTABLE DECREASE 15 BANKS
OMrera ana (ailtvtea tin Bath
Kee4ea Tilaks rreleot Skaala
fit Ratew at Caas
eaaallaa. WASHINGTON. Jan. t Secretary Taft
Is a atrong- advocate of Increased pay for
the army and hie annual report. Just snt
to oongreaa. completely dispell any doubt
that may exist a to the secretary' posi
tion. The report shows rapid decrease In
the strength of the regular army in recent
years (the km last year be-in- 4 1- men)
and the pressing need for officers to re
place those now detailed on recruiting duty
or as military instructor in editational
institutions. Tlie secretary declare that
while many reaaoTj have been advanced
to explain the difficulty, a sufficient one Is
to be found In the Inadequacy of army
pay
1 think it quite probable." he says, "that
an increase in t Ik fay of the enlisted man.
including considerable additional induce
ment for the men to re -en lift and auch
reasonable increaae in the pay of non
commissioned officers as would stimulate
men lo remain in the service and to qualify
themselves lor these hlg-brr position,
would have a markedly beneficial effect
upon the recruiting of the army."
Waval jeteaa Fa Tared.
P- the eecretary earnestly favors the
adoption for the army of the naval system,
under which the president is authorised to
fix the rate of pay within defined Umits,
as a moans of obtaining a better discipline
and higher efficiency. He also recora-
rornda the creation
of a general service
corps to relieve the soldier of the vast
amount of unmllitary work they are now
calied upon to perform. In hi opinion, the
military service should be so attractive
and desirable that it will not be difficult
to get and hold the class of men needed
for the enlisted personnel, a! to make
army service a life work, as It used to be,
by offering rewards for proficiency and
greater increase of pay for lenath of
service.
The secretary has decided to create cine
of the new regimental posts at Bag-u!o in
the Philippines.
The secretary also urges an enlargement
ef Port McKinley reservation, near Manila,
by tM acres, to cost I1S&.W0. and the con
struction of an electric railroad from Camp
Overton, on the north shore of Mindanao,
to Camp Keithley. on Lake Lanao. in the
renter of the Moro country. He compares
Bagnio to the Adirondack In atmosphere
and climate and says that nothing could, be
of greater aid to the army than a post at
that point, where every regiment in the
Island might be sent at some time durinx
Ita tour of duty in the islands.
Military Depart meat Seed.
A profound conviction of the importance
of the subject leads the secretary to ear
nestly adjure congress to give heed to the
pressing needs of the military department,
which t faas verVokfi, notwithstanding
aite-nttoa baring been repeatedly caurd
to ft: '
The secretary aays:
The failure to make proper and adequate
provision for caring for he health and
comfort of the volunteer forces m tirr.r of
war-and this can only be done by e reatir
a sufficiently large body of competent sur-
renins with military knowledge and train.
mar not only needlessly prolongs the strug
gle and involves the country In expenditures
of moner far in excess of the actual cost
of making proper provision in advance,
but. most deplorable of ail. brlnps anx'ety
and sorrow to households all ever the land
and condemn rrany promising youths to
unnecessary suffering and possibly to a
premature grave.
Among the estimates submitted is an
it em of K.4ft.( for the construction of
batlerit at Manila and Subig Bay. The
only O'tnwnt made upon this item in the
r- port is this: "The places recommended
for fortifkation have ail been visited by
e-n or more m'mhere of the national
coast defense board and tlie suitability for
foititic ation sites has been carefully studied
. by the board, and expenditures are being
made accordingly."
Estimate 1 -a rarely Isrreasel.
Acctwiipanyirig tlie report are the esti- !
partmetit during the next fiara yer. the j
same ling F-l ilt.S41 g-realer than last
year'a appropriationa More than Ki per
cent is for coast defense works of which
about (n.Ttif.tfiO is required for the L'niUid
Stales and $:.(Ki.ohi for the insular posses
sions. In concluding the report. Secretary
Taft says:
It seems to m that the time ha come
to recofnue in the same way the service
of em alio was not a soldier but w bo. as
secretary of war. rendered teruir servfc-e
in the preservation of the union and sikc
urong personality and intellectual force
made him one of the greatest historical
e.gures in a national cria.s. Edward M
Sianion labored f.-r the maintenance and
perpetuity of thif goverrment with un-faiie-nng
courage and with a vigor that
knew no anaie:ijeiit 1 recommend thai
congress rrkc adeyuaie provision for tlie
erection ef a statue to Secretary Stanton
In this city ef Waehmgton. where r is great
work was done and where his remaun are
burled
SPECIALIST FOR SCHOOLS
Eye aad Tkraat Daetor to Be Reraw
meaded ky liewltk Cwm
mlasiaarr. City Health CoinniisMoner Connell will
re oinniend lo the Board of Education at
its meetirg tomtht ti.at an ey and throat
alw.ial-.1 t apfwinted to exarr.ine all chil
dren in lie public a-.itools with a view te
delecting all incipient diaeaaes or abnor
malities in the children. Theae abnormal!-
:Z"r:X1:Uril EGYPT TURNS ON GAS
them e-orre-cU d.
He will also recommend the employment
of a ph) sic laa to devote ail hi time to
examining the pupils of the high aad other
a Loola to disi-ove--" lr.fevtuous and conta
gious and sk.n diaeaae and having those
correc-te-d in their lmipieney.
I'r Connell will r"conitM ccl alao that tu
tn.ard cll a at-vciai meeting and invite a
number of pn aniens lo be present and
!giie their views on thla pro(ioaed action.
BRIEF SESSION OF CONGRESS
Bwik Sraale aad Hssae dajwarm
f Keiseet la lair Irn.
tar M alkers.
Oat
'WASHINGTON. Jan. i -The senate waa
in see si on only four minute today, ad
journing upon tli adoption cf resolution
na respect to the death of the late Senator
Mallory of Florida.
With its organisation completed the
ho-ise of repreaentatiTe reconvened at boob
today. Almost tb full quorum of repre
sentative was present The gallerie were
ur. uaually well fiUad Afiar a Laif hour
sBioB tha house djouta4 pxitl) ip-os
w 4 of fpPtf fot t?i PMm (? tU
TAINT OF SPOILS SYSTEM-
tVewlt I It asocial Mrs-
Mae tm Haaee rs4ras t e-
awa ApaM4alaseat.
t
WASHINGTON. Jan. -Ir. a mrwur t
the bouse of rerrfseatatiTe today Trrsi-
dent Reosevelt urged that In prefarind for
the work of taking the next census. tle
four thousand or more additional em
ploye reeded be appointed only after
competitive examination under the rules of
civil service commission and strongly de
nounced the "patronage system" of mak
ing the appomtmenta. earing that the civil
service commisaion waa fwlty capable of
securing a most effWJU forte.
The non-oompetitu examinations used
in selecting the emfrlnytw at Washington
for the last two censuses, the president
said, served only "aw a cloak to hide the
r.akednes of the spoils sj stem." t?ut-h
examinations, he declared, were useless as
checks upon patronage appoint ment a.
"They prevent."" be said. "1!e roost in-e-ompetent
from being appointed, but thiy
do not secure the appointment of the most
competent and they afford no check upon
political appoint meets."
The president said It is idle to say that
such (xsminaticns are fair, "for the un
fairness and favsritism cenne tn the choos
ing of the men who shall be allowed to
try them.""
The proside-rit deviated tliat the erfat
majority of the clerical employe of the
last two censuses were far below the av
erage ability, and that statistics show that
only about M per cent of U e arpli -arts
who were employed hv the last two cen
suses were able to pass the competitive
examinations unier the civil service rules.
"The taint of the spoils system,'' he said,
"will not merely hamper and delay the
economical and efficient taking of the cen
sus, but a ill impair the belief of the pub
lic in its honesty."
O'BRIEN WILL ASK FRANCHISE
Little I.lacliboow Aaytblag Will Be
Aeewmpllaheal Toward Tail
Ead at Meetlas.
CTNClNNXn. Jan. -More inter, was
shoan in the proposed conference between
the represent at ivr of the miner leagues
and the National base ball commission
than the other business of the annual meet
ing before tlie base ball leaders came to
gether today. Tlie certainty that Chair
man August Herrmann and Secretary
John E. Brush will be re-oleoted without
contest and the knowledge that there is
little routine business to be disposed of
naturally turned attention to the minor
leag-uers. Changes In classification for the
American association and the Eastern!
leegne and the proposition to give the minor I
l-ag-ue a rej.resemtr.e on. the national !
commission were much dits-ussed. but no
formal action, tas, been taken by the
minor reprentalire. prior to the meet- j
Ing. It wa not believed that any attempt I
would be made by .minors to force I
recocnition ot eiiner ponii, nor a ia iDere
seem to be any prospect oi serious anier- uiumnun mnucuT
ences ever other matter. r the' commission resulting from Its ln-
Tbat President O'Brien of the American """"eased authority have all combined to
a-eaociation would as that hi organisation i materially diminish offensive practices of
be permitted to place a team tn Chicago J every ort aad to signally promote the pur
had been announced, but it is believed the I poaea for which the Uw was enacted."
commission ha no authorirr in the mat- I Bitace the jaew rate law became effective
Urr and will aimprr t?e al to explain the
ili TiirrrfT " tr'" that pr-
i pose. 1 D
unanimous ccaseat of both the
j National and American leaarues is the one
requirement.
XU 4 W"? SPrnWI'l TRI1I RFniKlC
i I rlAir " dCUUPiU I fllAL DCUlild
plea of iBBaalty at Time af Crime
Eatered by Ilia .Attorneys
la Cstr't.
NEW YORK. Jan. . The second trial
Cf Harry K. Tl.aw was begrun today tiefore
Justice iKiwlirig in the state supreme court.
and at the very enjtset of the proceedins
a pita of insanity at the time of the killing
of Stanford White wa entered in behalf of
the defendant. . Last year the case wa
fought out on a straight plea of not g-uilty,
but temporary insanity finally wa relied
upon.
One juror. Charles E. Gremmels. a ship
broker, was accepted by both sides at the
close of the morning session.
None of the Jurors will be sworn until
the box is filled, however, and all will be
until
the Joint oath is administered. This ar
rangement is a departure from last ytar.
I when each juror was worn as chot-n.
Neither Lhstrict Attorney Jerome nor
counsel for the tiefenae would haxard an
estimate today as to the time tliit will be
required to find twelve aatisfactory men.
Eighty-six of the e-ne hundred talesmen
summoned were present this morning
Mrs Evelyn Thaw was pursued by
crowds as curious as ever, and l.ad to be
escorted in and eut of the court house
by a detail of policemen.
JANITORS FORM ORGANIZATION
!ew Tlork Keepers af Bsildiaas Will
Ask Learfalatiaa far a 11
eeaee Iw w.
NEW TORK. Jan fi Janitors of New
Tork. a, a meeting he'd list night, unanimous!-,
decided to advocate 1 tie jwss-ge
by the Icsulatur of a bill licensing jani
tor and preventing the employment as
.Wtutora of anone not furr.:isbed with a
license Examinations are to be required
and no one may receive a license who
cannot show a gocd knowledge of atxlta-
lion, conduct :n ease of fire and othet
things which every p-od Janitor should
know. A committee will attempt To se
cure pas&-ie of the law. More than 709
men and women janit'-rs attended the
meeting
btlksa Daaaease Feaad De-ad la Her
Apartmeata. Hailsg Breathed
tk Famca.
NEW TORK. Jan. a Cat nenne rv1ne,
known as Liitle Egypt'" the dancer, who
was found dead in lr apartment yester
day, died from gas aspfc xialioa. according
to a report sjtirrittel to the coroner today
by a phcian who performed en autopsy.
Several narks on t!.e body had caused ti e
coroner to believe she had been a victim
of foul play. The autopsy, however, d:s
cioeed that the marks were due to pet
mortem tissue changea.
YOUNG WOMAN BADLY BURNED
Daafrkirr af keerretary ta WUesstls
basetraar Fatally lalered ky
Flaaseea af Farmaee.
VIRjOQVA. Wt . Jn. C-M ss He-lea
Munaon. aged C a daughter cf Colonel O.
G Uuneon, private Becretary to Goremor
Davidaoa. state aenator, and one of the
beat known pubiic official in Wicocia,
wa fatally burned while rurting a fire
In th furnaoe at her home here yesterday.
Tb sower part cf the girl's body was
turned (j a tihster. Mrs. Munsoa wa
p-at-fiTlr Pmed wUi trjlf S ta exUna-aia?!
RATE INCREASE IS PROBLEM
Interstate Commerce Commission
Main Annual Be port
BESTS rJOTRTTY WITH RAILROADS
aaiber er Aeeideat sal Ieww af I I f
Matter far Aetlaa Cwasplalata
Betas; Piled la "Large
It a altera.
WASHINGTON. Jan. 1-Vore gnlfl
eant and important, perhaps, than any
othr statement In the taenty-ftrst an
nual rei.rt of the Interstate Commerce
c-otn miss ion. which was transmitted today
to congress, la that relating to the atti
tude ef railway officials toward the new
railroad law. In a discussion of the oper
ation of the act. the commission says:
"Hy railway managers almost without
exception the emended lw has been ac
cepted in good faith, and they exhibit for
the most part a sincere aod earnest dis
pose ion to conform their rvt hods to Its
reouirementa "
The eommission adds that tt wa not
expecied that reforms could be brought
about without difficulty or delay, "but it
is unquestionably the fact that great
prorress bas leen made and that further
improvement is clearly assure-d. T a
gratifying extent there has been read
justment of rate and correction of abuses
by the csrrVrs themselves. Methods and
urages of one sort and another which
onerate-d to individual advantage have
r-luntarily changed and tt is not too
much to say that there is now a freedom
from forbidden discriminations which is
actual and general to a degree never he
fore approached. As this prooess goes
on, a special privilege- disappear ana
favoritism ceases to be even surpeeted. the
indirect, but not less certain, benefits of
the law will become more and more ap
parent." Toaatraetlaa ef "few Law.
The amended act ha been in force a
little more than sixteen month and the
eommiss!cn points out that a considerable
part of Its time during the last year has
been occupied tn giving administrative con
struction to various provisions of the law
fcr the g-uldance of both shippers and car
riers. Ait Incidental respect In which
equaifty of treatment ha been promoted
1 in such matters as switching, terminal
demurrage, reconaignment, elevation and
other charge making up the aggregate
cost of transportation. Respecting these
it ,.',,,. ... ... i
' v "
cc,mn,iBr" obst-rvea with special gratifl-
cUcm' amended Uw with it enforce-
N-l. l"r wopftta ol tht
mental Justice, the quickened sens
of bh,: oWitration on the part of rallw.y
rnJ"-1'r- the clearer perception of ship-
of all that any Indivldu.l
i . - .
; an August . liifc. the opm mission ha
greeted relief ia Je form of corrertlTe
! order in many case.. l"p to Nevember 4.
' 1KBT. tbe -commission rendered decisions
in
; 3Ud contested cases under the act in
forty-f:ve of theae caaes orders were made
agamst the defendant e-arrlers. in forty-
five the complaints were dismissed, and In
the remaining fifteen no orders were made.
In every instance, except one. the order
Of the commission were Complied With
j promptly. In the exceptional ease, the
i rvlaware. Lackawanna ic Wectern rail-
: road carried the order into the Vnited 1
, States courts, but, pending a decision by
the courts, is complying with the order of
! the commission,
: 4dvaaeea is rum
Two important subjects are discussed at
length in the report, the one being the
matter of advances in ratea. "which the
rommiBKion is wholly unable to prevent,
and the other, dreadful destruction of life
n railway accidents, "which are not now
the subject of official investigation under
I federal authority.
Concerning the advance in rate which
rests entirely with the railway," under
the law, the commission suggest that i 1 Rubber company, after a shut-down of
when such advance is attached to a normal one month. More than l,Si operatiTea
complaint, the commission 1 given au- ! were given work.
Uiority by legislation to suspend the oper- NORTHAMPTON. Mass . Jan. 6. More
ation of the advanced rate until the mat- than enill operatives who have been
ter shall have been beard and determined I out of work since Christmas, returned to
finally. their work today when the Belding Broth-
Respe-t ing the important subjects of con- j ers silk mill, and the Northampton Cut
geated traffic and car snortape. the com- lery company reeumed operations
misskm aas the whole problem 'may be i
said to be due to the fact that the facilities ' Until CD UITU Wnni ftROWLTDC
of the carriers have not kept
U.e commercial growth cf the c-ountry.
One eminent railroad president ha esti
nated that during the period from 3SS6 to
1KU6 the traffic offered for carriage In the
Cnited States Increased lj' per cent, while
during the same period the instrumentali
ties for handling this traffic increased only
3(' jier cent.
It may be e ense rv ati ely ststed that the
madeciuaey cf t rane porta nn ffcillties Is
little less than alarriing. tlial its eontinu
l it e-o .1
Urn" Xln'the
.. ... .
tlon may place an anbtrary
future productivity of the land, and that
the solution of the d.fficult flcsntia' and
' physical problenrs mvolved ts worthy tin
j n.c.at earnest thought and effort of all
' who believe in the full development of our
'country ar.3 the langest opportunity f'-r its
peoDie.
The work erf tow romrmaaion hes m
creaaed enormously in the last year, lour
ing the year T7S hearings were held in va
rious parts of the country, against TS in
15V and at the hearings folio of
test miony were taken.
This lndieatee an Increase of about iV
per cent. The hearings consumed lit time
of the commission of special examiner
from two hours to elg-hte?n days, and
aeveral cf the hearings consumed imie
aort of a work each. In the course of
the year the commission received 4.5s! In
formal complaint, an increase of over '
per cent over the previous year. Repara- ' found up to this morning The matter
tlon wa awarded informally to shippers I may aiaays remain a mystery. Several
in ia cases, the aggregate amount of the j experts still insist that the explosion re
claim being rotTc. The increaae in the suited from some high explosive being set
correspondence of the commission durirg ' off. while other incline to the belief that
the year w-as about 2 per cent ! tt was from natural causes, probably ac-
Tnder n act of congTea. the ct mis
lon ha awarded eight brerie medal of
honor to pereoc who, at grave perU to
themaeJvfa. saved, cr attempted to save,
live on the l:ne of mteretate camera
BURGLAR ALARM SAVES BANK
rasaeee-aafal Attempt Mad t Rek
Farmer' atlratla at
Mattlaad, M.
BT. JOCEPH. Mo . Jan. t-A Sftai to
the New Press from Mattlaad. Ho., eeys
f.at aa uc-roreeeefu! attempt wa made
eariy tMa rwrtr.g to rob the
bank. Tha wrf-ay alarm wai
Karnv r'
apoaded
aad tw aa
mcw--
ar.d
OMAHA WOMAN SEKS FATHER
Itakata Oalelals Be we ted
1-wewte Albert P. "leader Iw
b.a Hate.
la
TANKTON. Jaa a-tSpecla!. beeroh 1
being made here, on request (Mm Omaha,
for some clue t the whereabt'its of Cap
tain Albert Towell Sand-,", an old ri"
aeer of 1 his section, snd who hss . s
daughter. Mrs. Virginia Heenan. of Omaha,
who has not seen him since 1K74. Born In
Virgint. Bindert went to California in
1M9. and en Ue outbreak of the Civil Wr
enlisted with a California regiment of cav
alry. He served through the wsr end Ister
went to Omaliw. where from lf to 171 he
was captain t police. He then went with
twelve prospector into the Black Hill.
He discovered tlie Virginia mine, now part
of the llomeetake property, sold out. and
on bis return Journey, was robbed by a
ntiii'bcr of white men. dressed aa Indians
This was tlie lat his family heard of Cap
tain Sanders until recently, whe-n an old
friend reported to the daughter In Omaha
that he had seen Sanders in Tankton. fcV
far no clue to the man has turned up and
If he lives here be i evidently living under
an assumed name" lor some mwm. He is
now Tt years of age. The letter of inquiry
unfolded quite a bit of history of the tajiy
day of this country, when mines that la
ter were discovered to be worth millions
w-ere sold for a mere aotig and often then
the seller never was allowed to reach
civilisation with hi money.
JUG OF WHISKY CAUSES ROW
aasaasaasaaasa
Five Member of Family at Adaaa
Sebaeftrr lajared at De
Malae.
T'KS MOINES. Jan. .-Five member of
the family of Adam Schaeffer are Injured,
two perhaps fatally, as a result of the
c-vertuming of a milk pall Sunday even
ing. Alec Schaeffer drove a oow behind
a cow being milked by hi brother Levi.
The cow kicked. The trouble tarted.
Knive were used.
The injured:
Adam Schaeffer. b.tp dislocated: may
die.
Alec. Blabbed in neck within one-quarter
Inch of Jug-ular vein: also cut on mouth
and forehead, may die.
Levi, bruised over hack and ilpa with
club and cut over eye; will live
James, Blabbed with poeket knife In left
side; left eibow shattere-d.
Mrs Schaeffer, banda and arm a cut.
Neighbors stopped the row and sum
moned piiyslclana
The Schaeffer family is said to be praoe
......ii .,. c.tuMi.v -e t i i ..
Alec brought home a Jug of whisky, spend-
!
, DVUiU VICTIM OF ASSAULT
j U ttAIl tlUlM Ur AAULI
Clrfna yraetire
j PI tB
"
j R T,
,N
New Ters evening Harley ghep-
perd, one cif th workmen In the Mosul
mill at Plum a. a suburb of Lead, waa
found by not Iter employe of the company
In an unconscious condition In the mill
building. It was believed that he had been
caught In the betting and thrown against
the side of the mill.
j An
rxamtnatldat sMackMed that laa avf-
v 1 Li-ai en m TrawvurM nil 1-Tnr two oav-a
,.n, nmu. mnA the ao or.
I st Ion to relieve the pressure upon the brain
vii oerformed.
, H(f ,j,d not ., ennmwuKnr ms
Bftfr y,, nperatlon had ten performed,
j d tht, rooming died from the effects
of fci, injuries. It is r,ow "relieved that he
: rj1 , the victim of an accident, luit ef an
i .., lit hr anma enemv and an inrrxln.
tlon is being made on that theory by the
I official of the county.
OPERATORS RETURN TO WORK
Eastern Mill Reaatate aad Maay Mew
Were Laid Off are
Back.
PITTSBfRG. Pa, Jan. S.-Accordlr.g to
information received here the plant of
the Republic Iron and Steel company and
the Toungstown Tube company at Tounga
town. Ohio, resumed operations today, giv
ing employment to s.dcKt men.
BRISTOL. R. I.. Jan. tOperations were
i resumed today at the plant of the "Sation-
IffiWIIWWII Willi 1 1 W W I. Wl IU II ui 1 w
ile Preeldeat af l a lea Parlfle Will
Attead Bis MeetlBg at
Laramie.
LA FLA Ml ZZ, A'yo . Jan. . cbpecai . it it
I now practically certain that General Man
I ager and Ykc President Mohler ef the
, Vnion Pacific wiB attend the fourth an
i nual mxellr.f of the Wyoming Wool Grow-
mmw. i i i-fi. "i-n 11 i vt iittt war.-
I u'Ty 1L Mr' Mohl,'r !'
J read a paper. It ia expected by Vice Presl-
I ers aaeoclstton. wrthh is to meet here Jar.-
o
dent Bel! of the association that some cf
the higher officials of the Rock lslsnd and
Burling! on nd Northwestern lines will also
be prcs-nl. That the meeting will be a
lively one is indicated by resolutions to be
I presented by- the Albany county dl-gation,
Iwiii. Ii e-ondenin the Pine hot forest policy
i of the government and take radical step
I along the line af the public range- question.
NO MOTIVE FCR CRIME FOUND
Oflleer at Kaaaaa City at La t La
rate twaae far Plarlaa
Beats Iw Baak.
KANSAS C1TT. Mu.. Jan -No motive
for dynamiting the Firat NationaJ baik
buitlir.g. In the baaement of whieh an
explosion occurred Saturday noon, had ln
cumulated gaa. No arret have beeji
made and the police are without any
definite clue upon which to work. None
of the irjureef is 1n a serious cond'tion.
PEARSON CONTROLS THE TIMES
Lesssa iaearepaper Gate lata News
Head After Haadrew tear la
Oa Family.
LONrON. Jan. 4 The London Ttrnt t st
( Passed from the eoetroi or the Woiter
family, whirl, hi owned nd conducted tt
fur three ce Lera'ieina, ever s bee II was
firat eaiatillshed- C. ifhur Pearson, out
of the two JomJtt a-na's erf Lii.
n, ha aeevrad eoai
INDIAN LAND SALES
Bill Introdnced for tie Winnebajoe
by Conpresiman Boyd.
ENABLES THEM TO GIVE TTTL1
Keainre Bemofei Koit of Bentrictioni
Fow en Statute Book..
TBrST FU5D TO BE DISTRIBUTED
Same Conrresiman Alo Haj Bill to
Perfect Title of Santee Indian.
OLD SUE VETS PBOVE FAULT!
I-aad Mack of It af ack a rkartaetev
ladlaaa Hare t Mad tke
Imprwvemeat B eq a I red ky
Preweat Law.
iFlom a (tff Correspondent l
WASHINGTON. Jan. f-SreA-ial Tele,
gram e-Repre-ncntattx e Box d today Intro
duced a bill to authortae the payment vf
the funot. due the tMimefern tribe of In
dians and to enable them to sell and con
vey their allotted Isnds tn Nebraska
I'nder this b'll tlie secretary of tie tiVws
ury Is dlrecti to place te the credit -f
the IVmnctasfi Indians S.;". beteg the
1 lance of the unapprxTdated rtmjnti
due tlie tribe under the treaty of Novem
ber 1. 1Cr. arid the act of July la. ivyt. and
the -retary of the Interior ts authorised
to pay the per capita w hi. h would be due
the members of the tribe as rcrvide! by
the act parsed April 13. I,
Tlie bill further prevktes that any allotted
land to a Winnebago Indian In Nebraska
or any Inherited Interest therein for which
a trust patent has been Issned may he
sold on such terms nd oondltlofi and
under uch reg-ulatlons aa the eecretary of
the Interior may prescribe oa pt!Mon of
allottee or heir The lands of any miner
or other persons laboring under a regal
disability for which a trust patent has been
issued may also be Bold in the same num
ber, but only on petlHon erf the natural
guardian aa to infanta and on petition of
an officer eteetgnated for the purpoas by
the secretary' ef the Interior for persons
laboring; under legal disability snd or
phan without natural gnardiana
Other Lamd ta Me !.
The third eectkm ef J-jdg Boyd' hill
provide for the sale of aUntted or Inher
ited lands for which patent tn fee ha been
Isimed but containing rest rk -tlon upon
alienation. Tht third rction protect
minor belr or peron laboring under legal
disability, though a gwardian duly ap
pointed by the proper oowrt and upon pe
tition filed ky auch guardian and convey
ance are mad subject to approval of the
secretary of the Interior, but the approvaj
of the secretary operates a a removal af
restriction la tlie patent a far aa the land
conveyed in concerned, and the deed ap
proved convey full title to the ptarvhaarr.
Tlte proceed derived from the sale
under the pill as introduced by Congreaa
man Boyd are to be uw-d for ta troeifs
of tb allot tee or rie-rr dTspowiriar ef th".r
several inter!
Pateats far Ik kaaleew.
I'nder the tieaty of Itx near.y :U"o acre s
cf land were located as liomefteade for
the Santee Indians In Nebraska The law
provided that they should receive agricul
tural lands and conditional patent, after
tney had made Improvement to the
amount of "UTKV in inny case the allot
ments made tl,se Indians larnecl out to h-
non-agricultural land and naturally th
I Indians took littie or bo Intetcst m tii
! rights and the unfortunate cou4aU.n went
on from time to time without Cclng rem
edled As a survey of the reservaunn un
, d' r which the original allotment were
made las proved faulty and as other ob
jections have arisen to the passage of
1 in fee either to the Indiana e.r thus liol.j.
ing under them Judge Bo d too., uro
; duced a bill directing the secretary i tlie
I interior to issue a patent to any Faunae In
dlan to whom iandt weie assigned under
the provisions of the treaty ol April 2
lb, who has not heretofore obtained a
patent to hit lands under tiie provim.ns of
that treaty.
j Miwor Hatters at ( Battel.
j Judg'e Bod tdav Introduced a priva'e
I pension bills for Peter Storm of iecra
! Henry J. Kimbaj of Norfolk and Samuel
j Beekley of Cr- gliton.
! Postmasters appointed: Nebraska. Kr
1 wanda. Leuei county, Joho W, Smith, vice
I A. G. Pickering, resigned; Lomax. (H-r
I oounty. Carle ton B. Crisman. vic e (i. A.
j Brown, re.aigned. Iowa. Bentley. Polts-
wattomie county. Chester A. Muux, vi'.
I Andrew Anderee.u, reslgaei.
i Rural carriers appointed: Nebraska, An
! sley, route l. Allen M Hyatt, carrier; J"
j seph C. Hyatt, substitute: Florence, route
1. Harry F. I'odds. carrier; Iulse O.
I rodds. substitut'. Siuth L'akota, f'rth-
age, route 1. Edward L Mtek, carrir:
! Lewis Vercoe, substitute
' Congressman Philo Hail of Prook-rigs.
!r P., with his wife and two children, ar
rived in Was'urgton today and Is s'opping
at the Ehbltt House.
The secretary ef tt,e navy, through iW.
af r burketi. I as requester! Prolejiaor Ed
win Maxcy ot e'ollegt of tlie Law. rnner
sity of Nebraska, to su fly the dspaftT.' r'
with a copy e.J Ms new work on interne' .on
al law. that the denarttnert may etet'rmin
!ts de rahihty fr uee m the libraries of
the I'niiejd States riavy.
Re r res-ntafiv e pollard t'-day mtrxedocej
a till to Kiant a pension of tab per month
to Will. am H. Swish' r of Unculn, Neb.
I He aiso la d before- the house a petition
j of Omaha Centra! Ijihoi l'nicn. adrteating
the naasage of a parcels post bill.
HARTJE MEETS WITH REBUFF
Pewaeilsaaia aapreme art Befaae
t Llstea t 4 pea I ta Ml
soree 4rtlaa.
PHIIAr--1.PHlA Jan -The Pennnl
variia supreme coufl today refused te per
mit an ppeal to pe tak'-n to that tribune'
from th uperior court tn the famo-a
Hartje divorce case. Augustus Hart.) waa
refused a divorce from his wife by taa
Pittsburg court and the decision waa aV
f'l-med by th superior court. The hlhaw
court in tli state ha r:r.f refused te hea?
the rase It It said Mr. Hartje may tak
hi ease to the l"-nitd Staiea uprem
rcv.rt
Irtak Fair la New Yark.
NlrTW TDRK. Jan. .-The Irish Pair,
for which great preparation tave t-eea
mad, will open at Mad. boo Squar Gar
den tomorrow and w)'l continue for three
weeka. The Gorien has been docorated
aud there are ever ts txiJM' a. a large
r.umbrr of maker of Jar, linen and other
peodcact of IreVand, having Peas brought
over ttrperlaily to xtow thf 32-
-r
1-
1