Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 12, 1908, NEWS SECTION, Image 1

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    Omaha Sunday
rAT I.
Cm lat Horn
Best tlT. West
whites boor in jail
Irish Member of Parliament Suffera
. w a V a, swVo V na W aT
Mr. Gennell Poniihed for Taking Part
in Cattlt DriTei.
Search Two Islanda for Kin While
He is at Home.
Worth '"I" Miser Brikt Sixty
Cents to Hfkfw nasi Fair
Hondresl Tku
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
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 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.)
Issisfi Jaanary 12, 1DO.
10 11
1Z 18
24 25
31 -
SIX tfotf
est saw
12 13
19 20
7ZZ, KfiB TWlf
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
Kor Nebraska Pair Sunday.
For Iowa Iarly cloudy Sunday, with
prohshle ennw e" port Ion .
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...
.... 34
.... a
.... M
.... 3
.... 22
.... a
.. 27
.. V
.. SI
.. 33
.. if!
.. SI
.. W)
.. 2y
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
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
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
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
Live stock markets. XX, Fare
Grain markets XX, Far
Stock and bond. H. Far
Condition of Omaha's trade. XX, Pag 10
Pert. ArrtTt.
NAPI-ES ....
TKlftM'B ...
Palermo ..
Bulcarta ....
-Boalaalaa ..
.Oral Waldaraca.
1 Laura.
Freiii. a. Oraaee.
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.
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 ,
Prussian Socialist Will Continue
Struggle for Political Liberty.
JTearly Eighty Per Cent, - ple
Have No Voice in Go V'V
Liberal Orj- '' -t is Likely to
Prt jutbreak.
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
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
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."
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.
Henry I.. Paddock, fesnl to Amor,
China, Freer Entirely of
.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
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.
Ante War with White Star
Reaehe from Steer a are ta
Seconal Cabin.
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.
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.
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."
tors Severe la eastern Oklahoma
First Real Winter la Two
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. '
Senator Brown Tirei of Waiting fo
Bnrkett to Make Up His Hind.
Thinks Hammond Should Not Be Can
didate in View of Previous Action.
Has Not Stated Hit Position, bat Indi
cation He is for North Platte Man,
Telesrapis Seat ' to President anal
Postmaster (leneral In Behnlt of
Retention of Palmer aa
(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 "
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.
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.
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.
Master la Chancery Plnd Loophole la
Pamoaa Ueer I.odae Smoke
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.
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.
Nehraaks Man Hen traced to Death at
Loa Anreles for Mardeaf
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
With Home Building- and Birer Trafflo
Boosting' it Progresses.
Merchants Say Each Day Show Gains
Over One Year Ag-o.
P. H. Updike Will Build Fire Housei
on Thirty-Eighth.
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,
"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
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.
Republican Keneral Committee
Rochester, N. V., Ask Sap-
Iort fcr II Im.
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