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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 12, 1908)
Omaha Sunday rAT I. HEWS SECTION PACES 1 To Cm lat Horn THE OMAHA DEE Best tlT. West VOL. XXXVII NO. 30. OMAILA, SUNDAY MORNING, JANUARY 12, 1908 FIVE SECTIONS THIRTY TAGES. SINGLE COPY FIVE CENTS. The Bee, whites boor in jail Irish Member of Parliament Suffera . w a V a, swVo V na W aT SEUVKQ TIME FOR CONTEMPT Mr. Gennell Poniihed for Taking Part in Cattlt DriTei. LONG BAFFLED THE POLICE Search Two Islanda for Kin While He is at Home. DEATH OF "BANKEE" PATTEESON Worth '"I" Miser Brikt Sixty Cents to Hfkfw nasi Fair Hondresl Tku Ckirltf. DTBLIN. Jan. 11. (Special.) Mr. Oln nell, M. P., who la spending lx montha In Kllmaltiham Jail for contempt of court" In connection with hi cattle driving- arlta tion. will have a better time than the Irish patriot who were confined there In the day of Farnell. Theae men were treated a criminal, but aa Mr. Olnnell offence la technical only and consists In displaying contempt for the court of chancery, he la not treated aa a criminal, ire I allowed to wear hi own clothe, to have hla own food aent 'In from outside the Jail and to receive a limited number of visitors every day. lie W also aupplled with writing materlals aid book and he announce that he Is going to occupy his time writing- a book. The cell which he haa been assigned to la apacloua and well lighted and he ha been allowed t add several article of furniture, ad that on the whole he will he fairly comfortable during- his enforced se clusion. II Idea la Father's Hons. Mr. Olnnell, by the way, displayed a keen sense of humor In hi dealings with the police just before hi arrest. After hla sentence had been pronounced he went to hi father house In County West meat h, secure In the knowledge that the Intelligent constabulary would never think of looking; for him there, and there he remained for three day while the police scoured Ireland and England for him. Then he appeared at a meeting to welcome some discharged prisoner who had been serving a aentence for cattle driving and before the police could recover from their astonishment he was off again and back to tils father'a house, where some more than usually In telligent policemen found him twenty-four hours later. y Mr. Olnnell doe not place much faith tn the bargain which It I alleged Mr. Birrelt ha made to break up the grans land if cattle driving were slopped and he ha advised the people to lay up their hazel wards' for only a month or two, and give Mr. Blrrell the opportunity of proving Jils good faith. If the graa land are not broken Up and the a-raxlng leaaoa arc re newed ' Mi Olnnell advisee the people to take down the haiel and take to cattle driving; again. . Death ( "Beaker" Patterson'. l.lsburn ha lost 'a curious character in "Banker" Patterson, who died the other day, leaving more than $(00.000. ; He 'could neither read nor ' write, and 'the will by which he disposed of this vast estate wa signed, with an "X." "Banker" Patterson took hi nickname from hla business. He made his fortune by lending money on mortgages to farmer and tradespeople, and although he had the reputation of bring keen and shrewd, he wa never hard on an unfortunate debtor. In fact he ha demonstrated by hi will that he possessed a kindly heart, for he haa left to several of the poorer of hi debtor amount in canli eqyul to ' amount of their mort gage, with the curious proviso, however, that these legacies shall not become buya ble until the legatee haa paid off his mort gage to the executor of the estate without legal proceedings or other trouble. There are several small legacies ,to relatives, ta c; dlng on of 60 cents to a nephew, and the bulk of the estate Is to be Invested and the Income paid to hi sister for fife. At her death It la to be distributed among various charities to be choeen by the ex ecutors. Almost everyone who has lived la Ireland la familiar with the official envelope hearing the legend "On His Majesty' Serv ice." In which the unfortunate taxpayer receives his notice, and In which nearly all offtvin documents are aent out. The North Dublin uulon hae given the lead to the Irish local aut hoi Hies, which really represent th national government of Ire land, by adopting an envelope for all Ita official business Inscribed. "I getrbhls na li-Kiresiin" ("On the Sen-Ice of Ireland") and recommending Ms use to all other local authorities. The arms of Dublin and the above Inscription will be the only Insignia appearing on t!f official stationery. Laborer fiet Blj 1-eaaey. James Nolan, an agricultural laborer ef t-lbrldge. County Klldare, has just been notified that he is the heir to $160,000, left by hla cousin. Mr. Patrick White of Brook lyn. N. Y.. who died In May. 19u. Nolan, who Is about to start for America to take possession of hi new found fortune, is lit years old. anil for several years he haa been an inmate of the workhouse, a the Infirmities of atte made him unable to sup port himself, lie declare tLat since he earned that he was heir to a fortune, he lea received Utters from more than J00 ,m tkoiis claiming relationship. The Ivernlan society Is the name of a new irgaiilaatlon for the atudy of Irish liters lure, history, archaeology, music and art. It la to be conducted a an auxiliary to the iurllc league. wlileti concerna Itself chiefly a llli the revival of the spoken language, tnd whloh haa enough te do In this field to iccupy all It energies. The president of Im Ivernlan aoclety la the Rv. Canou J'Lcary. a noted Irish scholar, and the Wi-lci)- hue the endorsement of all the lead cg 'students of ancient Irish literature and irt. Complaint la being made In many quar ers about the use of the Dublin telegraph neaswnarr core as a recruiting ground for tie British army. It ta wu Known umi vcrulimg by the ordinary means baa been i lallur of late year hi Irekuid and new he authorities liavo turned Uiolr attent on o this very smart corps of boys. Military trill haa been Instituted among the boy uil the rule that when the boys ret.H the ige of II they must loavn the service ta H'ing rigorously enforced- Formerly they vere allowed to remain until there were acancle for J.hem aa letter carriers, or a other branches of the service, but now hese poets are being- filled from other Oun.ee. and the boy are discharged with be plain Intimation that the army la al AJra opaa La them and offers them a QswbUu4 vn Second Fa.) SUT.IARY OF THE DEE Issisfi Jaanary 12, 1DO. 1903 1908 34 10 11 1Z 18 24 25 31 - SIX tfotf est saw 12 13 19 20 2G2Z 7ZZ, KfiB TWlf 2 Z 8 9 14 15 16 21 22 23 28 29 30 TBS wxifsn. For Omaha. Council Shifts and Vicinity Pair Sunday; no important change in temperature. Kor Nebraska Pair Sunday. For Iowa Iarly cloudy Sunday, with prohshle ennw e" port Ion . Hour. h a. m... a. m... ? a. m... a. m... a. m... 10 a. m... 11 a. m... 12 m 1 p. m... 2 p. m... 3 p. m... 4 p. m... I p. m... (S p. m... 7 p. m... Deg. .... 34 .... a .... M .... 3 .... 22 .... a .. 27 .. V .. SI .. 33 .. if! .. SI .. W) .. 2y DOMESTIC. Burning of a thirteen-story skyscraper In ' New York developed defect of lire fighting system applied to them. X. Fag- Judge Qrosscup regard the character of President Roosevelt as "over Ideal." X. F 1 Merchant of Phlllipsburg. Kan., la robbed of 1 11.000 In money and notes at Belleville. X, Fare 1 Taft men In Columbus, O.; circulate petitions for hi name on the primary ballot. X, Faff 1 Republicans of the Indianapolis district In Indiana Indorse Vic President Fair banks for the presidency. X, Fag 1 Smelters In Montana may win In their fight to prevent closing down because of poisonous fumes. X, Page 1 The National jOrange Is In favor of the parcels post. X, Fage X Wabash railroad announce that the fight of the railroad against the 2-cent fare law In Missouri I not ended. X. Fag-e 1 Preslden Roosevelt will address a con gress for the betternxfit of the condition of children. X, Faffs 1 President Stlckney accepts the receiver ship o fthe Oreat Western railroad. State denies right of Schmlt and Ruef to ball. X, Faj-s a Snow reaches Texas line. X, Pag 1 Secretary Taft TlU Wall street. X. Faff 1 Foxtsxoar. Mulai Hafld haa started a holy war In Morocco, further complicating the situa tion. X, Far a German people regard the answer of the government to their demand for man hood auffrage aa a gauge for battle. X, Far X Sixteen persona trampled to death in a theater panic. at Barnsley, England. a. Far x Mr. Gemmell. Irish member of Parlia ment, who Was sent to jail for six months vfor contempt of eoiirt,- ts-swritlnff a book while behind the bar. X, Far 1 WlBsKt. Chairman Teegarden of the First con gressional district calls the committee for January IS. - X, Far a Ex-Governor Mickey 1 seriously 111 at Osceola. X. Far a Express employe protest against the reduction of rates, asserting it mean a reduction In aalarle to them. X, Far X.OCAX. Mayor Dahlman tell of how he acted as surgeon snd amputated some froaen toe for a friend. X, Far Suit Involving settlement of the estate of William Lossinr of Blair will be car ried from Judge Sutton's court to high est state tribunal. X, Far Recall trad continue lively In Omaha and home building progresses through the Winter. X, Fage X Mayor Dahlman ays Governor Johnson I a mouse a compared with Bryan and haa no right to run for president. X. Far 4 Olive Oil from Nice, France, who bring! hla own language with him, Is mistaken or Choctaw chief. X, Far Week Grain and Live Stock company will erect a 100.000-bushel elevator, prob acy In Council Bluffs. XX, Fare a OOaOUBSCrXAX, AJTO EKTD UTmLai. Live stock markets. XX, Fare Grain markets XX, Far Stock and bond. H. Far Condition of Omaha's trade. XX, Pag 10 MOTEXCEX4TS OF OCXABT TEAMSKXPS. Pert. ArrtTt. UVEKNTOWN .Campania Salle. ..Baltic. Coralcaa. ..Moltka. blVKKPUOL, NAPI-ES .... ST. JOHN'S BOSTON PLYwH HTH KorTKRDAM TKlftM'B ... Palermo .. NAPLES .... Bulcarta .... .Mooieiuma. -Boalaalaa .. .Lllhuaola .Oral Waldaraca. 1 Laura. Calabrta. Freiii. a. Oraaee. THAW JURY IS COMPLETED i """" Panel la Sworn In aaal Taking Testlsaeay Will Brain Monday Mora las;. . NEW YORK, Jan. 11. The Jury In the Thaw case, which wa completed yester day. Is now and will be until the trial 1 completed, under close guard. Their mall will all be read before they are allowed te ae It. amf they ran only read newspapers after the head bailiff haa carefully cut from them every reference to the trial. The twelve are all beyond middle aga. there being five gray heads In the Jury box. Ten are married, the other two widowed, and practically all are father of f&rallle. The fact that the Jury wa accepted with out th attorney using up all the peremp tory challengea allowed them, shows that bot' '.he prosecution and the defense are satisfied. Of the 6) veniremen aummoned. 372 were examined, the defense using twenty-three peremptory challenges and the prosecution twenty, each side having hen allowed thirty. GRANGE FAVORS PARCELS POST eHad ef Natleaual Oraanlaatlan As sam Poatsnaater General ef Sep- sjetrt fre C WASHINGTON. V. C. Jan. U.-Oeneral M. J. Baebelder of New Hampshire, mas tar of tb national grange, and member ef the executive committee, today had a eoav ference with Postmaster Oeneral Meyer concerning his plan to" extend the parcels post. Oeneral Bachelder said the national grange was heartily tn aocord with Mr. Meyer's proposition. It ta the purpose o( the rrsng te support before th commit tees of congress the pro,ponXio pt PoeV saastsr Oabsrai Usyen , FIGHT FOR SUFFRACL Prussian Socialist Will Continue Struggle for Political Liberty. STATEMENT BY THE VORWABTS JTearly Eighty Per Cent, - ple Have No Voice in Go V'V ATTITUDE OF .Nv HARSH Liberal Orj- '' -t is Likely to Prt jutbreak. BERLIN IS GENERALLY QUIET Police Posted at Ktrateale Points Keep People Moving; and There Is Mo Opportaalty to Start Demonat rat loa. BERLIN, Jan. 11. Order prevails through out Berlin today and there has been no re currence of the demonstrations of yester day for manhood suffrage In Prussia. The police, however, are still disposed In force at the strategic points of the city the neighborhood of the palace and various public squares or they are being held In reserve at the station houses. The police do not permit the people to form In groups and consequently It has been Impossible to assemble and start a demonstration. Most of the men arrested yesterday were released today. Herr Bcbel, Herr Singer and their as sistants, who compose the committee of seven which 1 managing the social demo cratic party, regard the term In which Prince von Buelow. the Imperial chancellor, yesterday rejected ths demand for manhood suffrage and a secret ballot Instead of the existing property qualification for voter, as a declaration of war. The Vor warta, the official organ of the committee, ay today: There will be no quiet In Prussia until universal, equal, secret and direct (uffraga ha been won. Prince von Buelow'a era is ended. The people are warned and they will learn." People Bring; Ignored. The paper then asks: Will the government dare Ignore and drjplse the demand of the people? We await the casting of the responsibility upon the privileged and governing classes. Thirty million out of the S7.0000.0u0 people In Prussia are without property and with out rights. Social democracy will organise the So.oOO.nno and make their demand lrre alstlble. The government now haa the word but the people will have the final word.' Newspapers of liberal tendencies, snuch a the Tageblatt. regard Prince von Bue low'a refusal as "curt, harsh and Imbued with the worst reactionary spirit." "In past time," th Tageblatt add, "other liberal reform have overcome the opposi tion of greater statesmen than Prince von Buelow. The Voesische Zeltunff recognicea' that reform of the-auffrage la rTecessary, and the question will not disappear from the order of the day until a solution ha been found." i The government is supported fully by tho conservative politician and the Indication ps. that the final stagn .of , the . contro versy over the abolition -of property quali fication for the franchise arc at hand. The clevag-e between the supporter of the existing order and the socialists is becom ing more acute.' Financial and ' Industrial Interest, especially In the Rhine and West phalen country, which naturally are lib eral, support the crown In It refusal to modify the electoral system because this system has been the only barrier which has prevented the socialists from obtain ing Influential representation tn the Prus sian legislature. eed of Hlah Taxation. Independen observers are of the opinion that the socialists have been supplied with strong arguments for the liberalising of the auffrage by reason of the present fi nancial embarassment of the kingdom through the effort of the government to find new method of taxation at a time when a period of great prosperity appar ently i coming to an end. The leader of the national liberal party are forced to silence In the present con troversy by fear of doing anything to help the socialists and by the hope that Chan cellor von ueuiow s aependence on the so celled "bloc" combination of liberal and commercial Interests will ultimately I strengthen the influence of the liberal party. The chief commissioner of police has or-' dercd his men to suppress with the utmost energy any street demonstrations which are likely to take place on Sunday aa a result of the social mass meeting sched uled for tomorrow. The socialists have arranged for twenty-two mass meeting tn Berlin and the suburbs at noon tomor row. The subject to be dlscbssed will be "The Antwjer of the Rulers." FATHER JOHN ENTERS SYNOD Emperor Nicholas Shows Great Confl. dence la Member of Noa. naonklah f'lersry. ST. PE7TERSBURQ, Jan. U. Emperor Nicholas has manifested hla confidence In Father John of Constadt, the well known Russian priest, by appointing him to take part in the sitting of the synod of this year, an honor which ip to the present time ha been enjoyed by only two mem ber of the nonmonklsh clergy. Including the emperor's own confessor. Ther haa been aome Improvement In the health of Father John, but hi feebleneas I still a source of snxlety. Thl year's session of the synod will be Important, for during i Important principle of church reform will be elabo rated. Drsnth la Paajah Broken. WHORE, India, Jan. 11 The drouth which has prevailed here for the laet six months ha beea broken by copious rains throughout the Punjab, and the threatened repetition of an acute state of famine, which had caused such terrible fatality In recent years, has thus been averted. GRAVE ERROR MADE INCHARGE Henry I.. Paddock, fesnl to Amor, China, Freer Entirely of Emhoaslosaeat. .SAN FF-ANCII9CO. Jan. 1L Henry U Paddock, United States consul to Amoy, China, wa wholly exonerated yesterday In the police court of th charge of felonious embasalemont of $3. Pod, preferred by Mrs. Jsne Blake, widow of a prominent phys! claa of thla city, who died about four years ago. Special Prosecuting Attorney Dsvts stated In open oourt thai -Tory grave and unfortunate rujrtaka tm$ f esq, mad ta rUJar ta ebsrr SKELETON IN IRONS LOCATED Mystery of Disappearance of "Slap Jack" Dave Parker Solved br Plnd. RAWL.ns'3. Wyo., Jan. ll.-tSpectal.-The finding Friday of a human skeleton In a tunnel tinder one of the oldest build ings In Rawlins cleared the mystery of the fate of "Slapjack" Dave Parker, who escaped from Sheriff Lcmmons of Carbon county at this place In IS. The leg of the skeleton re In lion shackle and by these shackle William Daley, ,who led a posse that searched for Parker In ISO, Identlflod the hones as those of the outlaw of early territorial day. The tunnel In which the skeleton wss found wa dis covered while workmen were demolishing the old building. . Beside th skeleton lay a double-barreled squirrel rifle with one barrel above the other and a fine rlohe sight. Oldtlmers remember this run aa the property of Parker. Parker was one of the most notorious bad men of the early daya of the territory of Wyomlnr. At the time of hi escape from Sheriff Ummons he was under ar rest on a charge of murdering two men on the Platte river. He was confined In the building beneath which his skeleton today w-a found, while awaiting the arrival of a train on which he was to be taken to Cheyenne. Before the train came he mys teriously disappeared and posses searched the surrounding country for day without finding ny trace of him. Sheriff Lem mons was charged with having permitted the prisoner to get away and with having assisted him after his escape. The finding today of the tunnel under the old building and the skeleton of Parker therein how that the prisoner probably accidentally discovered the excavation while In the .building In 18SS. descended therein and remained in hiding until he tarred to death. Parker in early days operated with the two Wartlns brothers, who were notorious outlaws. Shortly before Farker was ar rested for the Platte river murders he and the Wartlns help up'Cheyenne, standing- off the entire peace force and a large crowd of cltlxens and then escaping- to the hill on horseback. They came direct to Carbon county and were employed by Perry I.. Smith, now postmaster of Rawlins, to kill game for Union Pacific construction gang, which wer3 laying the railroad westward from this place at that time. One of the Wartins brothers a short time after the disappearance of Parker rode Into Laramie and shot up the ' town, killing Sheriff John Brofle when the officer at tempted to take him Into custody. Later the outlaw wa killed during a running fight with a posse. The bone of Parker either will be burled in the local cemetery or presented to the Wyoming Historical society for exhibition beside the celebrated hoots of the un lamented "Big Nose" George, which are an Interesting featurr of tho society' collection. CUNARDERS CONTINUE TO CUT Ante War with White Star Reaehe from Steer a are ta Seconal Cabin. Lin LIVERPOOL. Jan. 11. The Cunard etramshlp company ha made a further reduction of I3.o8 In Ja ateerage rates to meet the ' White Star Line's seoond cut. The Cunard' company Has slso followed the While Star line In it reduction In the sec ond cabin rates. , BERLIJT. Jan. 11. The North German Lloyd Steamship company and the Nippon Tusen Kalsha (Japanese Steamship com pany) have entered Into an agreement whereby the Japanese company give up It Indo-Chinese trade In favor ef the North German Lloyd. The condlttona of the agreement are not made publlo, but they are declared to be satisfactory to both sides. The rate war between these compa nies Is thus at an end. It has lasted for a period of eighteen months, and aa a re sult the Indo-Chinese trade was placed upon a very low level. The above announcement fits In with the new agreement announced between the North German Lloyd and the Hamburg American Steamship company which are to work in unison In their North American and East Asiatic shipping. Ths Hamburg company withdraws from the passenger traffic to the far east, receiving for this concession certain advantages which hove not been made public. ANOTHER VANDERBILT TITLE Marrlaare Urease Granted Mis (.ladys aad f'oant Paecheayl la iw York City. NEW YORK. Jan. ll.-A marriage II cene was Issued today to Miss Gladys Moore Vanderbilt and Count Laszlo Jeno Maria Henrlk Simon Szechcnvl of Hun gary. There were few pernons In the niar rluge license bureau at the city hall when the couple arrived in a public carriage and they were not obliged to stand long in the waiting line of prospective brides and grooms. The application blank had been made out in advance and wa ready for presentation when they were Invited to the city clerk's office. Miss Vanderbllt'a age was given as a years In the application. Count Szechenyl described himself as 8 year old, by occupation land owner and Imperial and royal chamberlain, a native of Hungary aud not previously married. Iu an official copy of the publication of the bans In Orrnezo, Hungary, which was shown at the time application for the II cci.fic wo filed, the count gave his religion as Roman Catholic. Mis Vandorbllt'a re lit"l en wu not given. ROOSEVELT ASJ0VER IDEAL" Jadare Peter Groaaenp Dlaserts Caaraew ter of President and Advlsea Aaalast Dreams. CHICAGO, Jan. 11. Judge Peter S. Gross cup of the United State district court think President Roosevelt may be an "over Id ral." In an address at the twenty-fifth annual Initiation banquet of the Beta Theta PI fraternity, at the Con gresa hotel last night Jjdge Grosscup said: "I may not be sure but what Roosevelt I an ov-r Ideal. We must not go too far In ideals We must net overemphasize them at the expense of the practical side of life. They go hand In hand with and accomplish something more than dreams. Ideals are often overdrawn and we may carry them too far. It Is In thl respect that I refer to the president. "We should not devote ourselves In this commercial age to jnere Ideal, but should look farther." SNOW REACHES TEXAS LINE tors Severe la eastern Oklahoma First Real Winter la Two Years. MUSKOGEE. Ok!.. Jan. 11. -Eastern Ok lahoma. I today la the grasp ef winter. A heavy fan ef snow began at mldnlrht and ooaUauos today. Th storm eJOettAf 4 tt out!k M tba Tssm Has. ' FIGHT ON COLLECTOR Senator Brown Tirei of Waiting fo Bnrkett to Make Up His Hind. FELLS ENDORSEMENTS OF ROSE Thinks Hammond Should Not Be Can didate in View of Previous Action. BURKETT MUST SHOW HAND NOW Has Not Stated Hit Position, bat Indi cation He is for North Platte Man, PROTESTS AGAINST THOMAS Telesrapis Seat ' to President anal Postmaster (leneral In Behnlt of Retention of Palmer aa Poatmaater. (From a Staff Correspondent.) WASHINGTON, Jsi. 11. (Special Tele gram.) Senator Norris Brown, tired of waiting upon Senator Burkett to Join him In a recommendation of W. B. Rose of Lincoln as collector of internal reve nue for the district of Nebraska to i.uc eeed Elmer B. Stephenson, today brought the Issue between the senator squarely to th front by filing with the president a strong list of Indorsement In favor of Mr. Rose for the place. These Indorse ment Include most of the republicans of the last legislature and many of th lead ing newspaper of the state. In filing these testimonials In behalf of the pres ent deputy attorney general for Niraka, Senator Brown outlined to th president the conditions which prompted him to give Mr. Rose hi support, leaving the whole matter so thai Senator Burkett can easily join with his colleague, should he o desire. In making Mr. Roa collector without. ra "crap." .Should Senator Burkett refuse to join Senator Brown In his recommendation and file counter In dorsement In behalf of Ross Hammond of Fremont, then the prettiest fight for federal appointment Nebraska baa seen In years will be on. , Senator Brown, ha waited until the Omaha potmaaterhlp was out of the way to go to the front for Rose, who la former ehalrman of the republican com mittee In Nebraska. Numberless conferences have been held between the senators from Nebraska over the collectorshlp. Sometimes It looked a If Burkett aw a new light and would Indorse Rose, but he always left the con ference, asking for "yet a few more day for consideration." It was "manana" or "eate manana," with Senator Burkett al way waiting for tlm. Thl ha gone on since congress 'assembled, and Senator Brown, seeing no hope for a Joint In dorsement of.W. B. Ro, decided that the president should have knowledge of the condition by fillnr with Mr. Roose velt Rose's indorsement. Think Hammond Interloper. Senator Brown feel that Mr. Hammond has no right to be a candidate after the meeting held in Lincoln at which Senator Burkett. R. B. Schneider, Ross Hammond and himself were present, when the uc cessor to, Stephenson .wa, thoroughly gone over. Hammond knowing full well" that Brown wafor Rose and In which It is understood he (Hammond) acquiesced. Later, however, Hammond entered the con test and Burkett came out In his favor seeing In the selection of Hammond an op portunity in all probability of later securing the district attorney for the South Platte, the present Internal revenue collector being charged to that locality. Just what Senator Burkett will do 1 pro blematical. He cn. with little difficulty. Join hi colleague In Rose' endorsement. Will he do It or will he fight? That is the question. Protest Against Thomaa. - Several telegrams were received at the White House and the PostofHce depart ment today from Omaha, protesting against the appointment of B. F. Thomaa as post master at Omaha. It was announced yes terday thla appointment had been, agreed upon and would be sent to the senate Mon day. Whether these remonstrances will have the desired effect, or even delay the appointment of Thomas, which would be the same aa giving the present postmaster. Captain H. B. Palmer, a little longer pall at the salary, cannot be ascertained. Answer Piled for Jadares. Two circuit Judges of the United States ar In the supreme oourt with answer explaining why Oiey have retained Juris diction over a railroad case that cam up from Nebraska, In which Attorney Gen eral Thompson asked for a writ of man damus to compel them to remand Jurisdic tion Ui the state court. Judge W. II. Munger of Omaha, and Judge T. C. Mun ger of Lincoln, are respondents, and At torney W. D. McHugh, attorney for the Burlington railroad, haa prepared and filed their answer for them. " Thla peculiar case arose because the state of Nebraska wa dissatisfied that It was not permitted to to into It own court of equity and demand a remndy for the enforcement of Ita own law on railroad subjects. Senator Norrla Brown, Junior senator from Nebraska, ha charge of the case before the supreme court. He se cured the sanction of the supreme court to this procedure, rather than that of tak ing a circuitous course and appealing from the decision of the lower court. The brief of the state wa filed by the senator and the answer of the Nebraska Judges has Just been made public. The answer recites that the decision of the circuit judge wa made In th exercise of their best judgment and their decision la recited. The question of Jurisdiction between the slat and federal court hinges on whether the state of Nebraska a a political entity la the real party In Interest In the suit, having no pecuniary Interest In It. Attor ney Oeneral Thompson having asked for the Injunctions from the Nebraska court to prevent a disregard -of state laws rela tive to the 2-cent fare, antl-pasa and anti discrimination. Senator Brown and the at torney general have maintained that Ne braska a a state wa the real party, even though not pecuniarily Interested In the outcome. The Judges ruled that a pecu niary interest is necessary to make the state a real party. The act of congress which needs to be in terpreted in the final decision gives cogni sance to the circuit court of the United State of all ult of a civil nature, com mon law or In equity. In which there shall be a controversy between citizen of differ ent states. In which the matter In contro versy exceeds, exclusive of Interest and cost, the sum of S2.0Q0. If a slat Is the real party In Interest, the circuit court has no jurisdiction, as a state IS not a citizen and divers citizenship could not be pleaded. The suit was brooght In th name of th state, the a.tomsy general and state rail OtfitUiat& ca fecoaa rrO " RIGHT TO BAIL IS DENIED District Attorney of San Pranrlseo I'hallenare Rlsht of Schmlt to Freedom. SAN FRANCISCO. Jan. 11 Application for the release on ball of Kugene SchmlH. who has been confined In tho county Jail for eight months, wa nmdo to Superior Judge Dunne this morning by Attorney Frank C. Irew of counsel for the former mayor. At the rT'cst nf Assistant Dis Irlct .Attorney William l Cook, who de clared that he not been advised of the Intention of the defendant to ask for ball until late last night, and on account of the absence of District Attorney Langdon. Judpe Dunnn postponed the matter until Monday morning. Thla wa the first move made by the former mayor to take ad vantage of the reversal of the appellate court, which In effect declared on Wednes day that he waa Illegally convicted of ex tortion, holding that no crime had been committed and that Judge Dunne had been unfair In his rulings, and made numerous errors. Attorney Drew stated to the Asso ciated Press that the application for the release of Schmlt was not made with the expectation that tho remlttur from the higher court would come down at once, but In Justice to the defendant, who had been declared Innocent by th higher court, pending the Issuance of tho remlttur. On Monday the application for ball will not only be renewed, but the court will be asked to reduce the aggregate ball on the forty Indictment am Inst . Schraltz In ths neighborhood of I.OOO. Drew asked Mr. Cook whether the dis trict attorney would agree on $100,009 being sufficient to Insure the former mayor's presence. In the absence of District At torney Langdon. Cook could give no an swer, but informed counsel for Schmlt that In the first place the latter' right to bail would be vigorously contested. James W. Coffroth, manager of an ath letlo club: Eddie M. Oraney. ths well known referee, and Willi Brltt, manager for James Brltt, were later arraigned on the nine Indictment In connection with the granting of fight permit exclusively to the so-called "fight trust." Abraham Ruef was not In court. At torney for their respective clients ssked that they be Given one week In which to answer the Indictment, the obvious In tention being to attack their legality. Thl motion waa granted. TAFT VISITS WALL STREET Secretary of War Confers with Per sona Interested In Philippine Railroad Sltnntlon. NKW TORK. Jan. H.-Secrelary of War Taft spent the forenoon today In the down town business district He was at the office of Ills brother. Henry W. Taft, at 0 Wall street, for several hours. In conference with interested parties concerning the Philippine railway commission. Among those who took part In tho conference were C. W. Swift of Detroit, president of th Vlsayan railroad commission of the Philippine. William Solomon of William Solomon & Co., and J. O. White of J. O. White ft Co., both contracting firms, and Cornelius Vanderbilt. When Mr. Taft came out from the con ference, he said to the reporters' that the Visayan railroad had undertaken the con structlon of a railroad tine with the under standing tht the g-ovemment would, isaue 4 per cent bonds as a subsidy. The com pany ha completed thus far between fifty and sixty mites of road and they have re ceived from the government f600.0r) In bonds. The conference, he said, had re ference to a second Issue of the bonds. INDIANA MEN FOR FAIRBANKS Republican of Seventh District Adopt Resolutions for II I m for President. INDIANAPOLIS. Ind.. Jan. ll.-Repub-llcan of the Seventh district today adopted resolutions congratulating- the peo ple of the state - and nation. Irrespective of party, on the "splendid service ren dered our common country by that dls-1 tlnguished son of Indiana. Vice President j Charles W. Fairbanks. We recognize in him a man whose devotion to duty and i whose unswerving loyalty tn the principle j of . the republican party most eminently i qualify for a position at the head of the American people. "We heartily endorse the resolution adopted by the republican meeting on De cember . 16, 1907, submitting the name of our distinguished son to the republican party and to the nation a a candidate for the presidential nomination." The convention commended Representa tive Overstrcet and National Chairman Harry S. New. William L. Taylor waa en dorsed fur the gubernatorial nomination. SMELTERS MAY YET WIN 0UTprt f ,he Master la Chancery Plnd Loophole la Pamoaa Ueer I.odae Smoke Case. BUTTE, Mont.. Jan. 11. -Master In Chan cery Cran filed findings In the famou Deer Lodge valley amoks case In the fed eral court today, and if approved by Judge Hunt It 1 not likely that a permanent Injunction, asked for by farmer redding close to the S6.000.000 Washoe melter at Anaconda, will be granted. An important feature of tb manner tn Which the findings relating to the effect of arsenic upon the animal In th alleged smoke tone have been amended. Tbe original finding now I mad to state that no deatha wore found to have occurred from arsenical poisoning, snd It Is held that sickness only resulted. It wss od, the allegation that deaths of animal had oc curred from such poisoning that the re quest for a permanent Injunction wa largely based. HUSBAND'S DUEL WITH WIFE Pariae Coast Iron Worker, Craaed at Loss of Money, Kills Her and Self. OAKLAND. Cal.. Jan. 11. Pletro Sarro chl. an Iron worker, and hla wife Relna, fought a duel to death today. He was armed wtth a large knife and she' with a razor. The husband finally slew the wife and cut hi own throat from ear to ear expiring on her dead body. Worry over money deposited In ths California bank Is believed to bave been th cause. DAN MESKIL WILL BE HANGED Nehraaks Man Hen traced to Death at Loa Anreles for Mardeaf Pairolman. LOS AfOKLES. Cal. Jan. 11 Daniel P. Meskll. the convicted slayer of Patrol man Lyon, wa today senlencedAo be hanged at a date to b aet later, Meskll cam from Nebraska. He killed Lyons whlia tb latter was) try lnr to arrt-hlm. JLlsUewtDsT fcUUu RETAIL TRADE HEAVY With Home Building- and Birer Trafflo Boosting' it Progresses. NO PAUSE FOR "DULL" SEASON Merchants Say Each Day Show Gains Over One Year Ag-o. THOUSANDS SPENT FOR HOUSES P. H. Updike Will Build Fire Housei on Thirty-Eighth. OMAHA HUSTLES FOR NAVIGATION All Local Commercial Organisations Will Send Deleaates tn the River Coa areas at Sloo City Next Week. Retell trade, building of new home ant, promotion of river traffic are three line of industry that are extending with an en ergy that causing ome surprise, right here In the lap of the post-holiday season when all channels of business activity at supposed to be eltharglc. They are keep ing pace with the unusual progress of gen eral building thtt ,h been facilitated by the open winter. And following In the wak of the financial flurry, which ha left seri ous results In some departments of but I. nesi, theae result in Omaha are all th more encouraging and portentou for tht coming of the spring with Us customer revival of all activities. "The January aale have been enormous." say Joseph Hayden ef. Hayden Bro. "W have offered white good aa usual this year, but the sales have been heavier. A crockery sale In our store Friday wa on of the largnst attended sale In th his tory of our store. Outside trade ha been very heavy. I believe the 3-cent railroad fare. In Nebraska has worked a big thing for Omaha, aa more people are coming In from th country than ever. Then this city has a great advantage over tome of the eastern cities. There are no mill to close down here and throw thousands of people out of work. The earning power of our peple has not been cut down. Wsge re good and the people are spending their money aa usual. In the real winter line trade has been steady, but not many peo ple have gone without winter clothing and overcoat simply because there ha been little need for them so far." Kvery Day Shows ftalna. ' Emil Brandet of J. L. Brandel A Bona, aid: "Every day during th month of Jan uary thla year, the Bales have been faf ahead of the corresponding day of last year. We have watched thl with a view of learning the condition of trad In Omaha. Karh day and each week la ahow Ing an Improvement. piopt have sren forgotten that ' six weeks ago there wag some talk of hard times." Thl condition I general In ether Una. While the poor rich of New Tork have quit buying diamond, tn such an' extent that Omaha firm have received notloe of four" firms' placing "their" combined' assets In the hands of trustee, the jewelers of Omaha are optimistic as to tbe outlook for trade. N ' "Some of the eastern house are holding stock which are too large." said an Omaha diamond merohsnt. "One of tb houses which haa asked for trustees holds the Hope, diamond, valued at K50,M0. Na purchaser I apt to be found for the at on tn New Tork City long a condition are a unsettled as they are dpwn there. It might be that If It was sent to Omaha we would find aome Nebraska farmer who . would buy It for his 'girl.' or some fathsf give It to his daughter." Thousands la .New Home. More than 135.000 worth of home building was announced Saturday, including flats and one large residence. P. H. I pdlke bought the 100-foot lot at Thirty-eighth and Dewey avenue of Anna Eastman, a nonresident owner, for $7,500 and will erect a home costing IL-O.floo during the summer. The home of Mr. I'pdlk will be the last to be erected on the block between Thirty-seventh and Thlrty-elrhth streets and Dowey avenue. Other homes on the block are those of E. A. Cudahy. J. A. McShane, Mrs. Ben Gallagher and C. D. McLaughlin. The lot secured by Mr. Updike I especially desirable. I. Connor bought the lots at th north west corner of Twentieth and Davenport treets fiom the Byron Reed company, paying about 17.600 for them, and an nounced brick flat coding from $16,000 to 130,000 would be erected. The lots wer a All Boosting; Hlver Trnffls. Committees of the Commercial club and Real Estate exchange having In charge th matter of delegation to the Missouri River Navigation congress at Sioux City, have decided that a special train will be neces sary and a great convenience to ths dele gates who will attend. Probably 100 will go from Omaha. The delegation will leave on th apeclal at 7:60 o'clock Wednesday morning, Janu ary 22. and th special will return Thurs day evening, January 23, after the congress adjourns. Council Bluffs delegatea will be asked to have their car attached to the Omaha special and accompany the Omaha delegation. As the special will not arrive In Sioux City until 11 o'clock, the congress will not open until that hour, which ar rangement wa made for convenience f Omahans. A general Invitation to delegate from town In the stste to join with th dele gation will be extended by the Omaha n. Delegatea have been named by Governor Sheldon In Pfattsmocth. Nebraska City, Lincoln, Fremont and other town;. At the meeting of the committee of th Commercial club held Saturday nooa meuw bers of the Real Estate exchange commit tee were present and the plan waa decided on by members of both committee. John Steel headed the Commercial club com mittee and F. D. Wead the real estate com mittee. Tlcketa for the trip will cost SI. 40 for the round trip, and will be on sale Monday. They may be secured at the Commercial club, Beaton i McGinn's, both drug store of Sherman 4 McConnell, Myers sc Dillon's and other plsce. MONROE COUNTY FOR HUGHES Republican Keneral Committee Rochester, N. V., Ask Sap- Iort fcr II Im. at ROCHESTER, -N. Y.. Jan. 11 -The re publican general committee of Mourw county at It meeting today endorsed Gov ernor Hughe for president and urged the epubtkmct of t. aisxo U s-ealt lor h aJttnaOon