Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 21, 1908, Image 1

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Fhe Omaha, Daily Bee -,:;
fHawarf fiatut Forbidding Transfer
, Cult trt Federal Courts Veld.
H Hall Cut it Xtenlei Property
EcsJ Protection.
SoenUij of Stat 1 Enjoined From
Enforcing: Act.
irl HdJey tr tk
"nbnUteed -,
Cweurt the
a I ted IteM.
KAN5 IT, Mo.. Jan. Jft. -Judge
sTrmith 1 ' on, la th United Slate dis
trict eui re today, declared void and
unoonatl. i. Hi th tatnt passed by the
IrTuniourl rislatur In 177 forbidding
foreign itlons from transferring aulU
fraught n them from the state to
tha fedet , ria upon p&ln of forfeiture
of thai '. i. Tlia application of tlia
Rock Island. .. Santa Fa, and St. Louis,
kuu) Cltr Colorado, the Milwaukee,
St. Paul, and tha Chicago A Alton
railway companies for an Injunction to
prevent John E. ' Bwanger. secretary of
start fram enforcing- tha law waa granted
by tha court.
Tbo Missouri law upon which today's
decision la baaed providea. specifically, that
If any foreign, or nonresident railway cor
poration, created and existing under the
lawa of any other atate, and doing a rail
way buslnaa from one point In the state
to another point within the atate, shall,
without tha written consent of the other
party, remove a case from the state court
to a T'nlted States court, or shall without
aid written consent Institute any suit
against a cltlsen of the state. In any fed
eral court, the the secretary of state shall
revoke the license to do business, from
one point within the atate to any other
point within the state, either in carrying
passenger or ' freight. And doing such
business shall subject It to a penalty of -not
leas than 12,000. and not more than J10.000
for each offense. And such disability shall
continue for five years.
Ecjaal Protection of Lave Denied.
It la alleged In this case that complainant
la about to remove a case, and the secretary
will follow thai by revoking Us right to
do business. The defendant contends that
this In effect Is an action against the state,
1 la violation of the eleventh amendment to
tha Constitution. The complainant con
tenda that the act of 1807 Impairs its con
tract With the atate. and denlea it tho equal
protect Ion of the laws be enforced.
Judge McDienon In his decision goes Into
the law of Ah case at great Irngtk and
' f. auotos freely' from previous deciaions to
y uslanv-Jits peMUotn , .
i The decision In part follows;
; This court Is mindful of the criticism by
k. many laymen, as Well as hy many lawyers,
to (tie rffe.-t that- I nltcd Htates courts
have so rlirht. nor even the power, to de
cree Vh Invalidity of state statutes. The
argument, or rattier the talk. Is that the
people know what tliry need and that their
representatives In h-Klslature alone should
determine wnat etsuites we must nave.
And when so determined and evidenced by
legislative enactment, that the courts
Should not Interfere by decree nnd thereby
thwait t lie legislative will. In other words.
that It is wnl to limit the powers of ex
ecutives unit courts, hut a written constl
tut Ion restraining lealslattve bodies Is all
wrong n.t that Great Britain has the
mod:! government.
Findings of Ike onrt.
In concluding Judge Mcpherson holds
a.i follows:
The Missouri statute of 1907 Is void, be
rui It allows a resident company to sue
in the reiierai court. If there Is a federal
question and denlea that right to a non-
reement company.
Kigarriless of the last preceding slate
mert. the statute Is void because It seeks
to lake from the complainant Its right to
pring or remove a esse to the united
State court, which rlslit Is riven bv Ihe
constitution, and the act of congress
wnicn ny article s or me constitution is
declared to he. 'the supreme, law of th
land, anything In the constitution or laws
of any state to the contrary notwithstand
ing." .
The statute Is void because it Is an
effort to not' only impair but to repudiate
the contract of the state made with the
company by which It waa Induned to come
Into tlie state, making Investments In
large sums, and was authorised to do a
state business, but now declaring that It
hall not in such business, thereby render
ing It Insolvent,, and taking from the
people along its line the use of a railroad
for state business, unless the company will
surrender under coercion rights given It
by the national constitution and valid en
actments of congress.
This court reeegnlse the rule that pre
sumptively all legislation la valid. Put It
U only a presumption, and In no sense
conclusive. This court recognises that alt
doubts should be solved In favor of up
holding legislation. But there are no doubts
In this osss. a"
There Is but a single question presented.
The complainant asserts rights under tho
national constitution and laws enacted by
congress. The defendant asserts rights
under an . act of the Missouri legislature
and Insists that there is no conflict.
This court holds that there is a con
flict. And there being a conflict, tha one
or the other must give way, and the con
stitution and laws of rongreas being the
supreme law of the land, of course the
laws of the state must yield.
"The anpllratlon for an Injunction Is
State itra Shlnholeth.
"Officers of the late." continue .T1r
Mcpherson In his decision, "too often decry
Ihe power of the nation. Stat rights is
their shibboleth. he addd.
"The most attractive argument to sortie
wyers of reoent days la that the atate
tourts alone la tbe first lnrtsnoe should
pass upon the Question' as to the Validity
f state statute, with the right of tho
lefended party to carry tho case for final
I acres to the supreme court of the United
Mate. Such arguments are plausible, are
sonvlndng to many good people, but are
K dangerous as to amount to a heresy. It
a the extreme of 'state rights' toi a new
term." i
Judga McPherson cited a decision of the
rVUooasln state aupreme court which up
leld a state statute under which an Inaur
inoe company's charter had been' revoked
removing 4 case to r .Yderal court.
M 'n this esse, however, hv ..tys the con-
tany had no property in it.v state and bad
cade bo investments therein.
In tha case at bar.- be said, "a lloenue
r do bustnesa la not the question. Each of
ho oomp&nteo invested millions of dollars
knd It la now In tha stale and cannot re
aove. To prevent it froan doing business
neana apprpprlatins; Its property, or de
roying it, without making any compenaa
lon theitfor. It waa Invited to come into
b' -tats and waa told by the lawa then In
ui . that It should have the same and
Ike standing aa resident companies, with
tCaNsnUauad eta
Bieond Page.)
Traooday, Jaaaary tOT.
(90S tIsUuQr 190$
SOC juaY 7tZ. trfi W JPj. St
50 Z 8 90
2 S 4 5 6 I S
9 20?' 22 23 225
26 ZZ z 29 30 3 u-
vcn BL.urrs and
day; no important
,5 vlr Tuesday.
! i. sday.
f. . yssterday:
lur. Deg.
, ; , m M
vi" m 32
" m U
m 81
VI, m XI
10 a. m., VS
11 a. m 38
13 m. 46
1 p. m M
2 p. m U
t p. m fio"
4 p. m 66
t p. m aa
p. in 60
7 p. m 4
H p. m 47
I p. m 4ti
row OMA1I. 1
change In temp
Ternrmrstur s
Judge Smith McPherson declares law
In Missouri prohibiting a railroad from
transferring a. suit from a state to a
federal oourt unconstitutional. Page 1
Supreme Court of I'ennaylvanta de
clares the 1-oent fare law unconstitu
tional Pare a
In Thaw trial, Evelyn Nesblt Thaw
tells story of her relations with Stan
ford White. Patre 1
Patrick Horrigan. who deserted from
the army twelve times, finally caught.
Pago 1
A censor will hereafter pass upon the
papers to be read before the purity con
gress. Page 1
Michigan banking commissioner asks
that law be passed giving him regula
tion of trust companies. Page I
Mrs. Metcalf says she Intended to
commit suicide and not to shoot at At
torney Hammill. Pare 1
' Bocretary Taft declares a half million
dollars would be cheap for settlement
of claims of Spanish clergy In Philip
pines. Pag 1
Oovernment will pay a million dollars
coal bill for fleet. Pago I
Further details of plot to wreck ves
sels of American fleet are secured.
Page 1
Ex-Henator Millard in Washington and
looking over the battleground over the
revenue collectorshlp. Pafe X
Oovernment of Uermany will deco
rate members of the radical party to
hold them to coalition. Page X
Former Premier Katsura of Japan is
heading the party In opposition , to tha
demand of tha government. . Paeje 1
Council' Bluffs Improvement club at
tacks the 10-cejit fare of Omaha . Coun
cil Bluffs Street Hallway company- be
fore 8pecel Inspector f .yon of the Inter
state Commerce . commission, demanding
a 6-cent fare from the Iowa side.
Page 1
K. J. McVann, secretary of the Omaha
Grain exchange. Is elected chairman of
the Omaha delegation to the first annual
convention of the MIsHOurl River Navi
gation congress, to be held In Sioux City
Wednesday and Thursday. Page 10
Ministers of Omaha decided at a meet
ing Monday to take a hand In Omaha mu
nicipal affairs and will file a brief with
the supreme court on the Sunday closing
cases. ..' ' Pags 10
Following an address by Attorney Gen
eral Ryera of Iowa the sheriff at Council
Bluffs closes all gambling houses and
Attorney Hess says he will do al that la
posslbe to enforce the state law against
the resorts. Pace
Live stock markets. Pare T
Grain markets. Pafe T
Ptocks and bonds. . Page f
Port. ArrtTe. Bl!4.
NKW YORK Mlnnataak
SMl'THAMPTOV. fhllalphls
MOVILLB , Callfornl.
iirUENSTOWN.. , 1 Campula.
CAPK RACE, N F.-Oraf Waldersee,
from Ilanibura for New York, waa lftf mil.
Houtheast at :) a. m. Will dock at 10. W
n. m., Wednesday.
fr-oraker Will Make wv Farther Cos
test for Drles;ates-at-Larsre.
CINCINNATI, O., Jsn. 20.-To fight for
the national . convention deirgates from
Ohio's twenty-one congressional districts,
and to allow Secretary of War Taft to
have the four -delegates-at-Iarge without
a contest1 Is the plan of campaign sug
gested by an Interview this afternoon by
United Btates Senator Foraker, who ar
rived home today fram Washington on
business. He says that the call for the
state convention Is Illegal, and therefore
he will pot take part In selecting lu dele
gates.' After- declaring that there had
been no "overture of peace," either to or
by him. he said;
"8o far as the state convention la con
cerned I have not changed my opinion
sine I was here, that tho call for It Is
tjlersl snd m)uAtly burdensome. On that
account, as I have ' ?u.-. jiofora, announced,
I shall not make any effort' to coni!'
with Ita terms and conditions, nor will my
friends make any surh efforts except only
aa their local conditions may prompt them.
"Of course, the delegates selected to the
state convention will all bo for Taft, for
there will be no opposition. Tills doea not
apply, however, to the congressional dis
trict a They are not under the control of
the state central committee and are not
bound br anything the state convention
may do. TrDaoh dlatrtot will elect Ita own
delegates In Its own way. What the dis
tricts may do remains to be seen.''
Hoas Cosassltteo e DeaeJeaeleo Will
stecouasaead Paysaoai
at Owe.
WASHINGTON, Jan. Jft.-Two Important
decisions, contemplating the expenditure
of Vr.0CO.0iO were reached by tha subcom
mittee on deflolences of the bouse commit
tee on appropriations today. It was voted
to recommend the Immediate appropriation
of 1 ,000,000 to pay the coal bill. Incident
to the voyage of Admiral Evans' fleet to
the Pacific coast, and also of the ll,900.0u0
asked for Secretary Taft and Chairman
Uoethala to carry on until the close of ths
current fiscal year the. canal digging work
as ratanpad out by Coktiel Ooetfcala,
Court Rule i That Publio Cannot Bt
Excluded From Eoom.
Defendant Attempted to Commit
elde Wblle la F'srope .-Jerome's
Cress KssjMlaatlos Is
NEW TORK. Jan. .-Mra. Evelyn Nea
blt Thaw told her story today for the
second time. The repetition lacked the Vi
tality of the first recital but the great
crowd In the court room, where her hus
band. Harry Kendall Thaw, Is on trial for
the killing of Stanford White, listened In
tently to every word. Justice Dowllng had
ruled that he found no warrant In the law
for closing the doors against the public and
there was a great clamor for admittance
from a throng which hung about the
building al) day long. District Attorney
Jerome, falling in his move to exclude spec
tators, took occasion when It came his turn
to cross-examine the witness to bring out
all of the details of the first trial, which
Mr. Littleton, of the defense, had omitted
on his direct Inquiry of the witness. Mr.
Jerome also tried to block Mrs. Thaw's
testimony In its entirety on the ground that
It was a conversation which occurred three
years before the tragedy and could not
have any bearing on Thaw's mental con
dition on the night of the homicide. Justice
Dowllng overruled the objection.
Mrs. Thaw waa on the stand all day long
and Mr. Jerome announced, when adjourn
ment for the day was taken that his cross
examination would occupy a greater part of
tomorrow's sessions.
Many Objections ky Jerome.
Mrs. Thaw's story waa broken 'into blta
by constantly repeated objections from the
prosecution, who sought to exclude all de
tails on the ground of Immateriality. The
frequent objections led Justice Dowllng to
request Mr. Littleton to cut his examina
tion as short as possible. Mr. Littleton
took this course only to find that on cross
examination Mr. Jerome Insisted upon read
ing front Inst year's record nearly every"
word the - witness had then uttered. He
did this under the privilege of framing new
Mr. IJttleton objected to It, declaring
that the district attorney by reading the
former testimony in a disagreeable man
ner was trying to discredit her In the eyes
of the Jury when he could not discredit
her In any way by a direct question. Mr.
Jerome made no attempt to disguise a
tone of complete contempt In reading the
testimony. Contempt also characterised
most of the questions he put to the wit
ness, whom he attacked In the loudest
voice he has yet used at the trial. Mr.
Jerome plunged at once into the more
Intimate details of the testimony and made
no delicate choice of words in framing his
Mr. Littleton's objections on the ground
of "offsnalveness and Impropriety fre
quently were sustained by the court.
' Witness Fences Bklllfally.
Mrs. Thaw matched wits against both
District Attorney Jerome and his assist
ant. . Mr- Marvin, who 'wss . ever at .hla
cidof'e elbow with" new auggostlons. She
fenced with them as skilfully as she did a
year ago and at tlmea reflected the mood
of the district attorney by answering In a
voice pitched In as loud a key as his own.
The piosecutor's pitiless and aggreaslve
questions often struck fire and once when
Mr. Jerome demanded to know If the
young woman had told Thaw certain
things, she replied hotly:
"Yes. I told him, but I did not use the
language ' you are using."
"Don't argue with me, madam," shouted
Jerome, who then had the reply stricken
from the record.
Thaw Attempts Salclde.
But one feature appeared In the testi
mony of the witness. This waa when she
told about Thaw . swallowing the contents
of a bottle of laudanum at Monte Carlo
in 1904. In an attempt to end hla life.
Previously to this, at the Grand hotel, In
New York, Thaw had talked of suicide,
his wife declared, and had suggested that
she also should take poison, as both their
Uvea had been ruined.
Mrs. Thaw said she humored Thaw at
the time and diverted his mind. She waa
out of the room when he finally took the
poison in Europe.
. "Why dldu't you tell us about this at
the first trial?" demanded Mr. Jerome.
"Because Mr. D almas said It might maks
Harry out too crary," the witness retorted
before the district attorney could atop her.
Despondency Over Kail a re tm Meet
Koto Caase Him to Bbaot
Hlwtself. .
fllOCX CTTT. la.. Jan. .-8poclal Tele
gram.) Despondent ovVr poor business and
his failure to meet a note of fOOO, Cliff
Foaburg, 77 yesrs of age, member of the
dray ltne firm of Fosburg dt Gruber, at
tired himself In his best clothes and at 4
o'clock this morning shot himself In the
kitchen of his home at Momlngslde with
his wife only a few feet away. He died
at t it o'clock. Hla parents live at Ireton
la. He formerly was a student at Mom-
Ingelde college.
Lowlsvllle V Kaskville Train Delayed
aad Ksstseky golems May Ifo
Veto aw Master.
LOUISVIIXE. Ky., Jan. .-The Loula-
!!! tk Nashville passenger due at Frank
fort thla morning waa derailed seven miles
from Knu kfort. Several of the paa
sengvs were Injured, but nobody was
killed. It Is considered !iuioss1ble to get
the passengers, Among them being many
legislators, to Frankfort In time for the
Joint session of tha legislature, and It Is
probable that no ballot will bo taken today
for-l'nltad States senator." " -
Mrs. Motealf Hays She Did Mat Fire
at Attorney llasalll la
Beatrice Thomas Metcalf, who shot at At
torney Samuel R- Hamlll, In Chicago, re
turned to her sisters home In this city to
day. She states tonight to a reporter that
the shots she fired were not Intended to hit
Attorney Hamlll. but to kill herself.
Wyoming; Is Bor Jastrerer.
CHBTENNH, Wyo., Jan. SO. (Special.)
A large delegation of Wyoming cattlemen
today departed for Denver, where they will
attend the annual convention of the American-National
Live Stock association. The
Wyoming delegation will support the J as
tro r candidacy for the preaiilaocjr of lb
aayugUUoa. -
German Oarrramral 'tannine; im Hold
Leaders to (oalSlon formed
by Von P Below.
BERLIN. Jan. SO. Among the names
of those gazetted for decoration on the
anniversary of the first coronation of a
king of-Prussia ss German emperor arc
several of the .leading radical members of
Parliament. The distinction of radical
politicians In this way Is almost without
precedent, snd II is regarded ss an Indica
tion that the government Is planning to
hold the radical t tho coalition formed
by Chancellor von Buelow In l!Mt. The
men to be honored Include Hcrr Kacmpf,
second vice president tf the Reichstag;
Herr Muensterberg, brother of Prof. Hugo
Muensterberg of Harvard university; Herr
Gyssllng. a young member from Koenlgs-
berg, who defeated the socialist In a hard
contest, and Prof. Elckoff Wlemer, whq
has come to the front recently as sn ener
getic speaker In defense of the Reichstag
There is considerable dissatisfaction In
the radical constituencies ov.r Chancellor;
von Buelow's declsra'ion concerning the
Prussian election, sysi
m. Meetings have
lal cjlles st which
been held in the brovlr
resolutions were fcssso
I sgnlnst the . rail-
csls supporting the chancellor In the 1m
perlal Parliament so long aa he refused to
support the Idea of election reforms In
Former Japanese Premier Leader of
Clab that lasses manifesto
against Government.
TOKIO, Jan. . At the Daldo club today
sixty members of the lower house In the
Diet Issued a manifesto which proclaimed
unalterable opposition to the financial pol
icy of the government.
This Is one of ths significant develop
ments of ths present situation, because
Marquis Katsura, the former premier, Is
recognised aa the leading spirit of tha
Daldos, althoucn he does hot lay any claim
to the position of . leader. This action
united the Daldos with the progressive
party and practically unites the opposition.
In which event the government' would be
defeated In Its attempt to carry through
the -budget.
Up to the present moment It was gener
ally believed that Marquis 'Katsura and
tha prime minister,! Marquis alonJi, had
reached an agreement on the subject.
Haytlan Govern m en t Scores Victory
Over Revolutionists In
First Battle.
rORT A IT PRINCE. Haytl, Jan. 2n.-Gor-
ernment forces yesterday attscked the town
of St. Marie, which was held by the revo
lutionists. The revolutionists surrendered
after a alight resistance. The government
forces then marched toward OonaJvea,
which Is completely surrounded. The gov
ernment considers tho revolution as prac
tically ended. , ' '
Lord Carson Eected.
DUBLIN. Jan. 20. Lord 'Curson. ex
viceroy of India, today received a majority
of tne votes cnefln th;.;1ejrttnn"t .fill -the
vacancy -'-a'anona; thsVpresehtatlveg peers
of Ireland caused by the: death last Novem
ber of Lord Kllmaln.
Democratic Chairman Eatresses tHs
Approval of the Andl
torlnm. DENVER. Colo.. Jan. KV Tha Demo
cratic national commmlttee's subcommit
tee on arrangements for the democratic
national convention assembled hore today
and began consideration of the plan for
the auditorium now under construction In
which the convention will be held next
After Inspection of the building, all the
members of the comlttee concurred In the
opinion expressed by Chairman Taggart
that the auditorium will probably be the
most comfortable and desirable hall in
which a national convention haa ever met.
A Joint aesion of the rational subcom
mittee and the local committee on arrange
ments was held tills afternoon at which
tho seating arrangements In the convention
hall, hotel accommodations and other pre
liminary details were discussed.
The committee will continue its sessions
In this city k day or twp longer' and will
reconvene In Chicago about two weeks
afte rthe clese of the present meeting.
The visiting comltteemen were enter'
talned this evening at the democratic club.
Secretary Taft Says Half Million
Small Compensation for' la
Jnry Done Property.
WASHINGTON. Jan. .-6eeretary Taft
and Lieutenant Colonel J. A. Hull Judge
advocate of the. deYartment of the east.
today attended a hearing before the
house commute on Insular affairs, which
had under consideration the claims of the
Roman Catholic churcn In the Philippines
for tX600,0A0 Indemnification on accounts
for damage to and occupancy of church
building In the Islands by the United States
tro.s during ths Spanish war. Colonel
Hull waa chairman of the army board on
church claims, appointed to sift these
claims and make recommendations as to
settlement. The report of the board recom
mended that the church be paid $363,000
In full. Secretary Taft at today's meeting
told the committee that In his opinion the
United Statea would bo getting off cheap
if it allowed twice the sum named by the
board, or pay the church at least $300,000.
Colonel Hull Inclined to the same opinion
which he said represented the sentiment
tf the beard. The administration haa not
reached a decision.
Papers Read Before Parity CssgreM
Will Be Passed Oa la
BATTLB CREEK. Mich., Jsn. . -Owing
to unpleaaant notoriety Incurred by some
of the papers read at the recent purity con
ference here. It Is announced that no con
ference Will be held this year and that
papers to bo read at tha next conference
will have to be submitted In advance so
that all risque passages may bo stricken
out. The announcement comes from ths
conference president. B. B. Stead well of
La Crosse. Wis.
Vaem ployed Men Parade.
NEW BRITAIN. Conn.. Jan. .-Over
1,000 unemployed workmen paraded through
the at reels of this city today, ths leader
carrying a banner bearing the Inscription,
"Parade of Hungry People Looking for
Work." It was explained by some of
the leadera of the demonatratlon that
"hungry" In this cans meant that ths men
were hungry for something to do. not that
they were suffering from the pangs of
physical hunger. Poles. Germans, Lltuan
Uns. French and Italians oeojgprlaed the
BjiajoniK s urn maraasre,
Former Senator Interested in Fight
Over Revenue Collectorship.
Illll. Permitting- Them to Take Their
Claim Against the Government to
tke C'enrt of Claims is
Passed by the Senate.
(From a Staff Correspondent.)
WASHINGTON, Jan. 20.-(8peclal Tele-
grain.) Former Senator Millard spent
Sunday and a portion of today In Wash
ington on his way to New York. Mr.
Millard waa not Inclined to talk politics,
local or national, saying that he was now
entirely out of it and devoting his time
entirely to his personal business affairs.
However, he Is not so much out of poll
tics as to forget thst there Is fight on
between the senstors from Nebraska over
ths collectorshlp and was keen to gather
any Information which might show tliu
direction of tho wind. Prior to leaving
for New York the ex-senstor lunched with
Senators Iltnkett snd Brown.
Indian Bill Passes Senate.
Senator Burkett's bill authorizing the
Omaha Indians to submit their claims
against the United States to tho court of
claims, passed the senate today. In lXM
the Omaha Indians coded to the United
Slates all of their lands west of the Mis
souri river and south of a line drawn Hue
west from a point In the center of the main
channel of the Missouri river due east of
where the Logan river empties out of the
bluffs to the western boundary of Omaha
country. They ressrved for their own use
as a future home land north of ssld
line, provided that if upon exploration this
land should prove unsatisfactory as a
location the presldont might, with the
consent of the Indians, set apart and
aaslgn to them within the ceded country
south of this line residence suited for
and acceptable to them, said location on
the south of the river not to be more than
tOO.OOO acres. If they elected to take It.
They were to be paid for the land' north
of the dividing line, providing they ac
cepted a home south st the same rate
per acre as waa .paid for .that south or
the river, deducting the acreage taken
for a new home. The prices paid for the
land so ceded was 14 cents an acre. They
accepted a home containing 900,000 acres
south of the line, and the area of land
north of said line was about 800.000 acres.
For the dlffernce of 600,000 acres which
they claim should have been paid for
at 14 cents per acre the Interior depart
ment does not contend that settlement
has been made, hence the bill which
passed today.
More Pay for Kara I Carriers.
Representative Hlnshaw today Intro
duced a Mil providing that after Juiy i.
next, all rural carriers who serve routes
twenty-four mll-s' In length or less shall
receive $900 per annum; that all rural car
riers who serve routes longer than twenty-
four miles shall In addition to $300 a year
receive 10 cents fni-acb working day for
ttufh '. He thit Jtnelr route mar . eceed
twenty-four tulles n length.
Bill foe Postal Division.
Representative Hitchcock todsy Intro
duced a bill authorising and directing the
postmaster general to create an additional
division of the railway mall service at
Omaha, and to assign to duty there one di
vision superintendent, in addition to those
heretofore appointed and who shall be
paid a salary of $3,000 per annum, and one
assistant division superintendent st J1.S00 a
- . . . , . . L , win
year. Before introducing mis um m.
Hitchcock had an Interview with Mr. Mc
Clesry, second assistant postmaster gen
eral, with reference to the proposed new
railway mall division at Omaha. Mr. Mc
Cleary was disposed to oppose such a bill
on the ground that Omaha was not geogra
phically entitled to a division, ' but Mr.
Hitchcock sprung an array of figures on
tbe assistant postmaster general Which
gave him something to think about MY.
Hitchcock has hopes that his bill will be
acted upon during, the sixtieth congress.
Now Land Ofllce Proptosed.
Eu.ator Gamble1 and Colonel Parker of
douth Dakota Introduced in their respec
tive houses today a bill creating; a new
land district at Lemmon, taking In a por
tion of Butler and the county of Bchnasse.
This office is greatly needed In this sec
tion, the Inaccessibility of the nearest land
offices already established being- known
to the secretary of the interior and com
missioner of the general land office who
heartily recommended the bill.
Thomas Goes to Highest Cowrt. ,
The supreme court today fixed February
U on which to hear arguments in the case
of Charles - Thomaa. plaintiff In error,
against the state of Iowa, defendant In
error. Thla case Is one of the most !
famous In the criminal annala of the Hawk
eye atate. Thomas, who was a hack driver
In Des Moines, wss chsrged and found
guilty of killing Msbel Bchofleld. "knock
out drops' having caused her death. A
verdict of guilty was rendered against him
and hs was sentenced to Fort Madison
penitentiary for life. Thomas now seeks to
have the verdict of the court below set
aside on the ground of tho unconstitution
ality of the Iowa statute, which hla at
torney aJlngea falls to determine the degree
of tho crime In such casea
Minor Matters at Capital.
On the recommendation of Congress
man Klnkaid Dr. A. H. Thornton has been
appointed pension examining surgeon at
Alliance, Neb., vice Dr. J. E. Moore, re
signed; and upon the recommendation of
Congressman Connor, Dr. C. C. Mulroney
has been appointed pension examining sur
geon at Fort Dodge. Ia., vice Dr. C. H.
Churchill, resigned.
A band of Servian gypsies waa arrested
In Alexandria, Va, today and beld on a
charge of grand larceny and kidnaping
In Council Bluffs, la. It Is charged by
Chief of Police George H. Richmond of
Council Bluffs thst Luclen Marino, evi
dently leader of tho rovers. stole several
hundred dollars from a horse dealer In
Council Blurts and kidnaped son of a
prominent resident of that city. Ludea
Marino was searched at polios headquarters
and several telegrams which he sought to
hide were found In an Inside pocket of his
coat. The dispatches wsre signed by an
other gypsy in Iowa who advised Marino
to "skip to Pennsylvania, but don't go to
West Virginia."
Last night Chief Goods received the fol
lowing dispatch from Chief Richmond:
"Arrest and hold Luclen Mkrtno, Ben lan
gypsy, and girl charged with grand laroeny
and kidnaping."
Luclan Marino, George Marino, a woman
and four little children are held by the
Alexandria police pending advice from the
authorities of Council Bluffs.
Howard L. Rann of tha Manchester, Is.,
Press is In Washington.
Rural routes No. 1 and I have bean or
dered established April 1 at A ins worth.
Brown county, Neb., serving goo neojtla and
IM families.
femes from Kmsatlonal
WASHINGTON. Jan. :0.-The reporl-d
plot In blow tip one or more ships of Hi
Atlantic rattlrnhlp fleet at Rto de Janeiro
Is 'rKnrdcd at the White House as a
repetition of one of the many schemes.
which sre constantly being presented to ths
sreret rervlce by persons who claim to
possets Informstlon. which they are willing
to port with for a consideration. No
credence Is placed here In the existence
of an actual plot. It Is understood the
Information originated In Tarls, from which
point It was communicated to the secret
service burcsu of the Treasury department
and through that means to Admiral Evnm
and the authorities of the South American
RIO JANEIRO. Jsn. !0.-There were fur
ther developments today, according to the
local police, to the efforts being made lo
unearth the persons responsible for the
alleged plot to destroy psrt of the Ameri
can flet now In this harbor. Several ar
rests have been made. The band, which Is
supposed to bave orgsnlxed the plot. Is
made up of foreigners. It Is presumably
composed of five Italians, one Canadian
and two Germans. John Fender Is one of
the Germans. Three of the Italians huve
been arrested hero, and it Is believed Unit
the other members of the band have been
taken Into custody at Sao Paulo.
The members of the bsnd counted on the
assistance of a Spaniard named Ruchero,
who has lived in this city for a long time.
A year ago, however, this man went Insane,
and since then he has been shut up In a
sanitarium at Montevideo.
PARIS, Jan. 20.-A story In which not
many persons place credence, but for which
there Is apparent foundation, has gained
currency here to the effect that unknown
plotters shipped explosives to Rio Janeiro
In a amall vessel and planned to place
them In the narrowest part of the straits
of Magellan to destroy the American fleet,
using a nearby Island as a base. The ves
sel was traced to Braxll and Information
waa sent to the Washington authorities
as a precautionary measure. The anarch
istic feature was not thought of here, tho
story being attributed to Japanese sources.
Patrick Horrlsas'i Thirteenth F.alst
ment Proves Fatal in His
I.Ansr Record,
NEW YORK. Jan. Patrick Horrigan
has been captured. He Is now In custody
In San Francisco and the military au
thorities say that they have at last cap
tured the champion deserter of the Ameri
can army. It la charged that In the past
fifteen years Horrigan haa enlisted and
deserted thirteen tlmea. And although his
body Is gorgeously tattooed, he has managed
o escape the recruiting officer In spite
of the fact that descriptions of him had
been sent all over the country. Recently
the War department decided that Horrigan
had deserted enough and that the unlucky
thirteenth should be his last. A circular
was accordingly sent oul to recruiting of
ficers all over the country, giving a very
elaborate description of the man. as It wss
believed that, according to oustonl. he
would. . enlist again. lie dld and ' was
promptly .$ul under arrest. He will be
tried v by court-martial. Horrigan first
enlisted m Grand Rapids. Mich.. In 18!X
A few days later he deserted. Before
long he re-enlisted under another name
and after a short time again deserted. A
clerk In the War department discovered
the champion deserter from the descrip
tion which wss sent to the War depart
ment whenever a man Is enlisted. The
clerk In reading a card thought there waa
something familiar about the tattoo marks
described and a search showed ten cards
on which the marks were Identical, al
though In each the name waa different. In
each case, the man had deserted after
serving for a short time. Further search
showed that Horrigan had deserted three
tlmea before the present system of keeping
descriptions was adopted.
Cleveland Fraaklls, Who Killed Man
While Robbing: Till at Uothan,
Ala., is Lynched.
DOTH AN, Ala.. Jan. 19. Cleveland
Franklin, a negro, employed by a Mtton
otl company, was lynchod here early to
night by a masked mob of 200 angry
oltlsena Ths negroes body waa riddled
with bullets, aa It. swung from the limb
of a tree. It Is said that Franklin shot
and seriously wounded A. C. Faulk, secre
tary and treasurer of the otl company, here
last night, after he had been caught In
tbe act of robbing the cash drawer at the
"The sheriff was notified Immediately
after the shooting and a posse wss organ
ised. This morning the sheriff learned
that the negro was at Webb, Ala,, and
later he was captured there. Franklin
was brought bsck lo Doth an by private
conveyance. After putting the team up
at the stsble and just as the stsrt wss
made for the Jail, a mob of ftO men, all
masked, swooped down on the sheriff and
his posse and forcibly took the prisoner.
The negro waa taken a short distance
away, hanged to .a limb and his body
riddled with bullets.
Maw Claiming; to Be gt. I.onls
tloual Pitcher la Trouble
la Chicago.
CHICAGO, Jan. 20. A man who gave his
name as Arthur L. Raymond, and who
said hs is Pitcher "Bugs" Raymond
Brown of the St. Louis National base ball
team. Is under arrest hero charged with
robbing George C. Mosher, a Jeweler, of $14.
The police say Mosher positively' Identified
ths prisoner aa the man who robbed him.
The - prisoner waa arrested last night
and when taken to the police station and
questioned he admitted that he and Mosher
had been drinking In a saloon, but denied
any knowledge of the alleged theft. Moaher
claims that when hs sna "Raymond" were
leaving the saloon "Raymond" atruck him
In ths face and knocked him down. Mosher
says that "Raymond" then searched him
and relieved him of all his money.
Ranking; Commissioner of Michigan
leeks to scare Control Over
These Organisations.
LANSING. Mich., Jan. 20. In the nine
teenth annual report of tho Stat Banking
department, made public yeaterday by
Banking Commissioner H. iC Zimmerman,
the commissioner recommends that a lew
bs enacted to give the department the same
supervision over trust eompsnles that it
haa ever banks. Ths report shows' that
there are at present in the state of Michi
gan $29 stats banks, ninety-three national
banks and six trust companies. During
last year thirty-one new Mate banks were
Plan of Iowa Club Heard by Interstate
Commerce Commission.
Force Traction Company to Show the
Figures on AH Lines.
Railroads Charg-e Three Times as
Much for the Trip, Says Webster.
M err lam A Holmqolst Withdraw
Their Case Aaalnst Several Ball
roads for Elevation Charge
of Tkree-Foartk Cent.
Spcclsl Examiner Frank Lyon of Wash
ington, representing the ' Inttrslste Com
merce commission. Is hearing two casea In
the federal building in Omaha, the chief
one tie In it a plea of tho West End Im
provement club of Council Bluffs for a
reduction of the bridge toll on the street
rsllasy lines from 10 cents to S rents. The
other Is that of Coones A McGrew of Bloux
City against the Chlcagd, Milwaukee sV Bt.
Paul and the Chicago. Rock Island st
Psclflc Rallwsy companies In the matter of
the shipment of six fats of broom corn
from Elk City. Oik., lo Bloux City, which
Involves an alleged overcharge of soma ffJOt
In the matter of ths West End Improve
ment club of Council Bluffs against the
Omaha Council Bluffs Railway Bridge
company, and the Omtha & Council Bluffs
Street Railway company, George H. Scott
of Council BUifrs and T. W. Blackburn
of Omaha represent the complainants and
John L. Webster, the streot railway com
pany. Mr. 8cott Insisted he wanted all the
records of the defendant companies filed
with the commission, which would show
the Income of the road, value of construc
tion. Income from bridge tariffs and the
operation of the street railway system In
dependent of ss well of the bridge.
Sack Evidence Not Possible.
Mr. Webster held that lo furnish such
evidence would be a practicable Impossi
bility, and that In any event It would r--.
quire several weeks to compile such evi
dence, because It would require the
production of the records of three differ
ent companies now gone out of existence,
and the officers of which could not be
found, some of whom are dead and others
whose whereabouts are unknown. .
Mr. Scott beld that the corporation was
all one affair and that no transfers are
given from the Council Bluffs side to any
point In Omaha, but that a rats of 15 cents
Is charged. 10 cents from Council Bluffs
and across the bridge, then another S cents
to any point In Omaha. 'Also that the
patrons of the road should be entitled to
a S-cent fare from Omaha to Council Bluffs,
because the line waa operated undnr one
general "system. - ' v -
R. A. lousier, secretary and assistant
general manager of the street rallwly com
pany, testified as to the extent of mileage
operated by the company In Council Bluffs
from the west end of the bridge as at
twenty-elx miles. The fsre from the west
end or the bridge to Thirty-second street
In Council Bluffs is 10' cents. While the
fsre from Council . Bluffs via the bridge
(the only route) to East Omaha snd Court
land Beach, la., was lb cents. This was
accounted for from the fact that really two
systems, the bridge and street railway sys
tems were Involved. No trat"Cers were
given from the Council Bluffs side to
points In Omaha. The Omaha and Council
Bluffs Street Railway and Bridge com
pany, and the Omaha and Council Bluffs
Street Railway company and the Council
Bluffs and Interurban Street Railway com
pany were now under one general manage
ment by absorption and lease. These
leases run for nlnety-ntns years from ths
last expiring franchise of either of the ab
sorbed companies, for which ths company
now pays $00,600 per annum.
Mot a National Qaeetlon.
Mr. Webster said: "Ths question of
fares and distances is wholly under tha
control of the Street Railway company.
subject to municipal regulation and was
under police control and regulation and
waa not within tho province of tho In
terstate Commerce commission. '
He compared the . rates of faro over tbe
bridge In question with that of tha
Union Pacific bridge, where the rat wag
twenty-five cents per (Msengsr, Wtalls
that of tho street railway bridge was
but ten cents, and that passengers ove
the street railway bridge were landed la
the business ceuter of the city for oa
fare of ten cents, while, those over tha
Union Pacific bridge, only talX a mil
below, were required Uo pay tbe twenty,
flvo cents, were landed at the depot
and bad to pay an additional flvo cents
street car fare to reach the business seo
tlons of the cities. '
The following statement Of lh revs
nues and expenses of th OcoAha as
Council Bluffs Railway and Bridge
company was submitted In evidence!
Bridge tolls, 1947 .....$ I0.8$.10
Total bridge tolls since 190$ ,0114
Maintenance of bridge fur
five yeara S1.SSS.0T
Ten-cen t fares in 1107:
Cah $1.IOS.4.00
Ten-cent ticket fare ill. 141.00
Twelve and a half-cent fares 112.440.00
Total $!,0$$,41S.00
A reduction to f cents on the above
number pf fares would result la a re
duction of revenue of $102,920.90.
Tsxes on bridge for 1 ysars ..$ 17,12$. 0$
Net profits of bridge for five
years T1.011.T4
Expensee and fixed charges of
property of the Oinaria dt
Council Bluffs Bridge Co.
for 1907 S7T.I10.
Receipts of property of
Omaha A Council Bluffs
Rail nay snd Bridge Co 4I7.T64 M
Stats ment of earnings and expense
of bridge fur tbe yeara 1903, 1904, 190$.
190 and 1907:
Bridge tolls received $99.011. I ,
Maintenance of bridge $1 JM 07
Salary toll takers .. 97.7
Insurance 1,600 0
Taxes $7.l2.0i .
Interest on bonds... 120.000 00 yT
appreciation To.000.00 '.tfJ
Total $279,106.00
Loss 17$.04.t
The other witnesses of Monday af
ternoon were C. C. Clifton, secretary of
the Weet End - Improvement club ; of
Council Blufrs, and A. C. Harden, pres
ident of the same club. Thslr testi
mony related to the purpose and . or
ganization of the West End Improve
ment c'ub. i
Tuesdsy's hearing will go extensively
Into the alleged discrimination against
Council Bluffs and to Show tk differ
ence tn concessions granted Couarll
Bluffs and Omaha suburban localities
reached by the street railway line.
Vpoa ths conclusion of ths heaxlag In .