Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 12, 1908, Image 1
The Omaha Daily Bee , VOL. XXXV1I-XO. 203. OMAHA, "WEDNESDAY MORNING, FEBRUARY 12, 190S-TEN TAGES. . SINGLE mPV TWO mvpq WILL ENFORCE LAW Ruling- of Interstate Commerce Com mission on Nine-Hour Act. NO POWER 10 SUSPEND IT Railroad. Must Observe it Except Where Cause is Shown. prompt action necessV.i No Extensions Can Be Granted Aftt Law Becomes Effective March 4 POSITION OF THE COMMISSION Clans Providing for Exceptions Is to Cover Unusual Conditions and These Can Be Granted Only After a Hearlnsr. WASHINGTON, Feb. 11. An Important announcement was made today by the In terstate Commerce commission respecting its attitude toward the request recently made by the operating- vice presidents of the railroads of the United States that the so-railed nine-hour law relating; to the employment of train dispatchers, telegraph operators and tower men be suspended by the commission until such time as the law could be amended to meet the desires of all concerned. The commission holds In brief, that tt has no authority to extend the time or suspend the operation of the law except In a particular case or In canes where a hearing has been held and good cause shown for the extension asked. Following Is the text of the commission's announcement! "Thousands of letters and telegrams re ceived within the last few days Indicate widespread misapprehension as to the power of the commission to 'extend the law,' which goes Into effect March 4, next, limiting the houra of service of employes engaged In the movement of trains upon interstate railroads. Provision for Exceptions. "The only authority In this record Is expressed In the law, as follows: "The Interstate Commerce commission may after full hearing In a parttrwmr case and for good cause shown, extend the per iod within which a common carrier shall comply with the provisions of this proviso as to such case. .. s'The proviso referred to is that part of section 2 which provides that no employe who handles train orders by telegraph or telephone shall be required or permitted to be on duty more than nine hours out of the twenty-four at offices continually operated night and day, nor more than . thirteen hours out of the twenty-four at offices operated 'only during the daytime,' except in case of emergency, when four additional hours may be required on not more than three days In any week. "No other provision of the law can be extended or modified by the commission. "Tha power to extend under this proviso la extremely limited. This is evident from the., plain .Irnport of the language 'abovu "quotrd, front the context to which it re lates and from the obvious purpose of tho entire enactment. It seems clear to us , that nothing more was Intended than to . autholse the commission in exceptional in stances, where conditions are unusual or are unforseen, to enlarge somewhat the time allowed to prepare for compliance. Conditions whlc are common to many rail roads or to a substantial percentage of telegraph stations are conditions which must have been taken into account when this law was passed and do not constituto 'a particular case' for relief by the com mission. Covers Special Conditions Only. "We are therefore of the opinion, without deciding more definitely In advance of 'full hearing' on such applications as may be mado that 'good cause' for extension Is not shown when it Is merely alleged or made to appear that the law ought not to be enforced at certain stations or classes of stations because the number of train orders handled is smalt and there is no need of Increasing the force of employes. Neither .would it be good cause, as we be ' lleve to show that additional operators can not be obtained at the wages now or here tofore offered. If It appears reasonably cer tain that higher wages would procure the requisite number. These ar purely ques tions of legislative policy which must have been and were determined by the congress adversely to the carriers, and the commis sion has no right or authority to postpone tho taking effect of this law merely be cause Its observance wll Involve Inconven ience and financial hardship. "We are also of the opinion that such power as we have, must be exerrlscd be fore the law takes effect. It Is the power to 'extend' the period allowed for prepara tion, not of power to suspend after the Uw has become obligatory. Therefore, we an afford no relief after the 4th of March, except In the particular cases where extensions may have been granted prior lo that date." This announcement Is made for public Information and to the end that all inter ested parties may be duly advised. BILLS TO SUJTM0NEY PAID Evidence In Capitol Frand Case that Money Waa Tnrned Over Before tioedi, 11ARRI8BI-RO. Pa.. Feb. 11. The com monwealth offered in evidence at the trial today of the state capltol conspiracy suit kills of lading from railroad compalnles to sustain He charge that J. II. Sanderson, a contractor, was paid hundreds of thou sands of dollars for furnishings for the capl tol prior to the delivery of these furnishings The state's lawyers contended that large urns of money were paid to Sanderson without regard to the qualify of the furnish ings and the bills were afterward fitted to the advance. The commonwealth probably will close today. The defense still declines to say who will be tha chief wllners, although It Is sup posed the defendants themselves will take the stand. Former Governor Pennypacker may uUj be an Importart witness. IOWA MAN'S JIEWELS STOLEN Thieves Loot Hoouts of Carat at Memphis Dinner Daring festivities. MK.MPHI3. Feb. U While a dinner party was in progress at the home of Frank G. Jones in Vance avenue, one of the most fashionable residential sections of the city, last night, thieve entered a MOond.story window and made away with jewels valued at lao.OOO. The jewels were the property of Uarret E. Lmba, his wife and daughter of Clinton, la., guesta of Mr. aaa Mrs. Jones, , SUMMARY OF THE DEE Wednesday, brarr 12, IftO. 1908 9cbri1ai& J90S ST' moY 7T, Ufa ffitf ITU m W Am ho-s V tW tm. A " f im ms V M 2 3 4 5 6 Z 8 9 10 It 12 13 14 15 16 1Z 18 19 20 21 22 23 24 25 20 2Z 28 29 TIE VIAIHIB. Oft OMAHA, COUNCIL, BLUFFS AND NITY Rain probably Wednesday; no . ""ni rnange in temperature. ?. NKHRASKA Showers Wednesday. V.WOWA-Probably showers Wednes da 'erate temperature. Ift tuiea at aha yesterday: Hour. Deg. 5 a. m 38 6 a. m i. 3 7 a. m 39 8 a. m 39 9 a. m 39 10 a. m 39 11 a. m 39 12 m 40 1 p. m 40 3 p. m 40 5 p. m 40 4 p. m 40 6 p. m .. ...... 40 8 p. m 40 7 p. m 40 8 p. m 40 9 p. m 40 if DOMESTIC. Interstate Commerce commission Issues a statement that it can extend period of preparation of enforcement of nin&-hour law for railroad telegraph operators only In special cases where hearing shows that unusual conditions exist. Page 1 Denver Press club passes resolutions that hotels of the western city are large enough to accommodate the crowds that will visit the democratic convention. Page 1 Decision in the United States circuit court of appeals refuses to permit the Southern Pacific road to secure control of the Salton sink Irrigation project. Page 1 rOKEXOjr. King Manuel of Portugal will take the oath before the Parliament, which has been called to meet at an early date. ' Page 1 Senor Gomez has been ousted from the Filipino assembly. Page 1 Ex-Premier Franco haa left Marseilles for Genoa. Page 1 Count Honl de Castellane has been fined 120 for his assault upon Prince Helie de Segan. Pag 1 POZ.ITXCAX.. Primaries hold in Ohio were all in favor of Secretary Taft for the presidential nomination. The supreme court decided the contested primary suit in favor of the Taft organization. Page 1 Governor Hughes of New York asks the senate of New York to remove Otto Kel sey, superintendent of insurance. Page 1 XTEBBAsKA. Railroad commission of Nebraska re quests the attorney general to bring suits for alleged violation of anti-pass law against persons mentioned in Missouri Pa cific pass lists and against the roads themselves. Page 3 MOTEKZlfTS OP OCBAV 8TSAH8KZPS. Port. Arn4. Sailed. NEW YORK Hamburg PLYMOUTH K. Wllluln II. ..Pretoria. HAMUURu Amerlka GLASGOW Sicilian Prince .. CADIZ Moltke BHEMKN Rbmla NAPLKS NAPLES Rppubllo Fred. J. Oroeu .. Ryndam Princess Ireps .. HOI LOONB GIBRALTAR FIRST COUNTY GOES FOR TAFT Cedar Leads Off Primary Election Expression of Presidential Preference. HARRINGTON, Neb., Feb. 11. (Special Telegram.) Cedar county, first in the United States to express its presidential preference for candidates at a primary election, voted on Saturday on republican aspirants. Of the 1,300 republican voters In the county less than 250 took the trouble to vote. Returns received today show that in but thirteen, of the twenty-one precincts was an election held, and even In these the interest was slight and the vote was light. Taft had a plurality In nine of the precincts, LaFollette In two and Roose velt In two. The total vote in the thirteen precincts was divided as follows: Taft 130 LaFollette s Hughes i Fairbanks 7 Knox j Foraker ; 1 Roosevelt 21 Total 9e Taft's majority 34. ROAD" MUST YIELD "CONTROL Jndne Morrow Holds Southern Pa cific tCannot Hold Salton Ir rigation System.' SAN FRANCISCO. Feb. ll.-The control of the California Development company, which originated and constructed the mon ster Irrigation system by which the water Is taken from the Colorado river and ap plied to over Sfrt.OOO acres of desert land in the Salton basin district, Imperial county, must be restored from the hands of the Southern Pacific company to the hands of the original stockholders and shareholders. This In effect Is the substance of a decision handed down by Judge Mor row In the United States ctrcult court of appeals and ends litigation that haa tied up the canal system of the southern coun try since the Colorado river Went on a rampage in September, W04, and threatened to submerge all of tho great Salton sink. BRIDGE INDICTMENTS FAULTY Ohio Supreme Conrt Deeldee Cases In Favor of Alleged Com bination. COLUMBUS. O., Feb. 11. The Ohio su premo court to lay affirmed tha decision of the Erie counly circuit court Invalidating the Indictments against the so-called "Bridge trust" in Ohio. The Indictments are held to be Illegal on the grounds of duplicity and lndefliiitenosa. In that they simply charge that the defendants were engaged in a conspiracy In restraint of trade from 13 to 190t, without stating definite times of violations. All the de fendants wire convicted in their original trial In the common pleas court. Before the cases were carried to the circuit court three of the defendants paid the fines im posed. More Troops for the Park. WASHINGTON. Feb. U.-Oeneral 8. D. M. Young of the army, retired, who la su perintendent of the Yellowstone National park, has recommended that the garrison at Fort Yellowstone be increased to four troops of cavalry of 100 men each, the in crease to be lermenent. nUGIIESASKS KELSEY'S I1EAD New York Governor Placei Responsi bility for Insurance Scandals. REQUEST NOT AS YET GRANTED raand Iron Senate, Which Body Places It "On Table" for Time Credlt of State la Involved. ALBANY, N. Y., Feb. ll.-Governor Hughes renewed to the senate his recom tnendatlon of last year that Otto Kelsey be removed from the office of state superin tendent oi Insurance on the ground of in competency. Last year the senate refused by a vote of 27 to 24 to remove Superintend ent Kelsey. Governor Hughes bases his renewal on the recommendation of the report of Matthew C. Fleming, the governor's special commissioner, who recently Investigated the insurance department, and transmitted with his message a copy of Mr. Fleming's report. On motion of Senator Raines, the message without comment was unanimously ordered printed and "for the present to be laid on the table." While admitting the magnitude of the work of the insurance department and that Its task haa recently Increased, the gover nor says that "Side hy side with these de partmental activities there grew up waste ful and corrupt methods which scandalized the country and brought the supervision of the department with regard to the lmpor tant interests of the holders of life lnsur ante policies into contempt." Blame for Insurance Scandals. From the Insurance investigation of 1905, says the governor, "It appears that if its energy had been well directed and the de partment has been efficient in the true sense, most of the scandals which were re vealed could not have existed." The concluding paragraph of the gov' ernor's message Is as follows: The matter now presented to you In volves the credit of the state. The conduct of the department should exhibit that care, thoroughness and vigilance which will guarantee adequate protection to tne in terests of the policyholders and at the same time Justly Insure the standing and promote tho success ot tne companies Rear ing the seal of the department's approvul. This, I am convinced, can be obtained only one way. and that Is by having the depart ment placed In other hands. The Interests of the state require that a change should be made. f . K iMIn V.l.. superlntedent of Insurance, be removed from his office." AGED SENATOR THROWN DOWN Was Aahford, with No Desire Separate Him from Family, Breaks Encasement. to WASHINGTON, Feb. U. Miss Maud Ash fordof this city today announced that she waa no longer engaged to former United States Senator Henry G. Davis, the demo cratic candidate for vice president in the last national campaign. Mies Ashford stated that she broke the engagement last night. 8he said she and the former sen ator had then discussed the matter, and Miss Ashford referred to the publicity which had been given the subject and to the determined opposllon .of some of the members of Mr. Davis' family to the pro posed marriage. She said she had no de sire to estrange the senatpr at his age from his family. For this reason, she did not care to have the engagement continue. Dr. Davis declined to be interviewed, say ing he had no purpose of making any newspaper statements on the subject. DENVER HOTELS BIG ENOUGH Newspaper Men's Clnb of Colorado City Deprecates Reports Cir culated In East. DENVER, Feb. 11. Resolutions deploring the publication of stories in various news papers throughout the country to the ef fect that hotel accommodations In Denver will be inadequate to care for the crowds expected in this city during the meeting of the democratic national convention In July, have been adopted at the regular monthly meeting of the Denver Press club. The Denver Press club, which Is strictly a newspaperman's organization and a potent factor In the affairs of the city and state, declares, in the resolutions adopted, that "Denver hotels are modern and there are enough of them to house comfortably any sized crowd that might be expected to come to the city during the convention." The resolutions request the newspapers of the country to print the club's protest. TEST OF NEW RAILROAD LAWS Attorney General Hadley of Missouri Begins Argument Before Judge Smith McPherson. KANSAS CITY, Feb. ll.-Arguments wer begun in the federal court here today by Herbert S. Hadley, attorney general, rep resenting the state of Missouri, in the max imum freight and passenger rate case. Judge Smith McPherson last April Issued a temporary injunction against the state, preventing the enforcement of the maxi mum freight law and ordering a trial of the passenger rate law. The state filed a demurer to the Injunction, asserting that both laws were valid, and It is upon this point that the arguments today were based. BUSINESS ON SANTA FE POOR Tea Million Dollar Tied Up In Idle Equipment, According; to Mr. Hurler. TOPEKA, Kan., Feb. U.-General Mana ger Hurley of the Atchison, Topcka & Santa Fe railway said today: "The present conditions along the Santa Fe from a business standpoint are the worst In years. While we have been compelled to reduce the working time In the shops in Topeka to eight hours, yet I hope we won't be compelled to lay off a man." According to Mr. Hurley at the rresent time the Santa Fe has $10,000,000 tied up In equipment which Is idle. This includes 8U0 empty boxcars and sixty-eight engines. TAFT HASTENS TO MICHIGAN Secretary of War Enronte Eastward, Where He Will Speak at Grand Baplds. KANSAS CITY, Mo., Feb. 11. Secretary of War Taft, who was the guest of the young republicans of Missouri at a banquet In Convention hall here last night, departed for Chicago this morning on his way to Orand Rapids, Mich., where he Is to speak Wednesday night. Steamer Eagle Point Blerhted. NEW YORK. Fob. 11 -The British steamer Eagle Point, whlrh has been thirty days enroute from London for Philadel phia, was sighted yesterday r?0 miles east by southeast of Sandy Hook by the steamer Vaderland, which arrived today. On Jan uary 26 her captain reported that U. steamer's shaft was broke FINLAND CAUSES CONTENTION Growing Spirit of Nationalism Graad Duchy Raises Ques tions In Rusala. In ST. PETERSBURG, Feb. ll.-The rela tions between Russia and the grand duchy of Finland, which have long been a sub ject of serious discussion In the higher ad ministrative circles of the empire and the grand duchy, will not be raised In the Duma by the Octobcrista, who have de cided to attack as a salient point the ab sence of control by M. Stolypin, tho Rus sian premier, over the republics of the Finnish country. The Octoberlsts maintain that the funda mental laws are applicable to Finland as an integral part of tha Russian empire, and It is a fact that up to the present time the Finnish secretary, who ranks as a minister, has not observed this provision. Premier Stolypin will be asked what steps have been taken to put an end to this ab normal condition. A second interpellation will ask why no measures have been taken in accordance with Instructions Issued by the emperor to connect the railroad systems of Finland and Russia, a step Which is Imperatively necessary for the security of the empire In order to make possible the rapid mobil ization of troops In case of the hostile in vasion of Finland. Both these questions will be urgent In order to forestall any on the part of the reactionaries, who purpose to raise this matter in a much sharper form. They are preparing to demand that the ownership of Viborg district be restored to Russia and that measures to crush the national aspirations of Finland be adopted. WOMEN HIDE IN BIG VANS Suffnaa-ettee Storm House of Com mons, but Are Stopped by Police. LONDON, Feb. 11. A band of militant delegates from the "Parliament of Woman Suffragists" which is now In session In Ixmdon, made a vigorous assault on the House of Commons this afternoon. Their attempt to rush the doors of the lobby, however, was frustrated by the watchful police, who had a sharp skirmish with the shrieking women, two score of whom were arrested for disorderly conduct. The at tacking party was trying to deliver to the house of commons a resolution protesting against the "unconstitutional action of the government In refusing woman taxpayers the rght to vote. The delegates secreted themselves in furniture vans In the vicinity of the build ing, and hue, were able to get close to the point of attack before being discovered. TURKISH TROOPS WITHDRAWN Sultaa Calls Them Back and Hussla Will Not Increase Frontier Force. ST. PETERSBURG, Feb. U.-The with drawal of Turkish troops from the Persian territory to the west of Tabriz, as well as the more conciliatory spirit shown at Con stantinople, is regarded here as obviating the necessity for the present of taking fur ther precautionary measures on the Turk ish and Persian frontiers. LONDON, Feb. IV .'"he foreign office has received replies from the governments of Russia and Austria-Hungary regarding its proposals to hunt down marauding bands in Macedonia by the use of mobile columns commanded by Europeans. Both powers consider the plan proposed to be Impracticable. PARLIAMENT WILL MEET SOON Kins; Manuel Will Take Oath of ' Office Before Body at Early Date. LISBON, Feb. ll.-The Dlarao de Notlclas In its Issue of today says that King Manuel will leave Lisbon shortly for Ctntra, where he will pass several months. Clntra Is fourteen miles from Lisbon and has a royal summer residence. The Chamber of Deputies will reassemble February 20, when King Manuel will take the oath. A leader In the French .party who held a cabinet position under Senhor Franco has decided to advise 1 Is partisans to support the government In the coming elections. COUNT BONI FINED FOR ACT Prince Helie de Sagan Secures Twenty Cents Damages for As sault of Relative. PARIS, Feb. 11. Count Bonl de Castel lane, the divorced hUBband of Anna Gould of New York, was today found guilty by the correctional court of criminal assault and battery on Prince Helie de Sagan, his Cousin, and fined $20.' The prince was awarded 20 cents damages. The cause of the fight Is said to have been because Prince de Sagan was paying attention to Mme. Gould, and this Is sup posed to have provoked Count Bonl to the assault. SENOR GOMEZ LOSES HIS SEAT Filipino Member- of Assembly Un seated at Manila by Close Vote. MANILA. Feb. 11. After a series of ex citing sessions, Senor Gomez was unseated by a vote of 40 to 35 this morning. Senor Gomez made a sensational appeal on Feb ruary 10 in which he accused party leaders of playing him false. The speaker was compelled to call him to order this morning before the vote was taken. Ths action of the assembly declares pils election void. FRANCO LEAVES FOR GENOA Ex-Premier of Portugal Departs from Marseilles for Italy Detec tives with Him. MARSEILLES, Feb.. 11. Senhor Franco, ex-premier of Portugal, and his family, who arrived here last night, left by train for Genoa this morning. Two detectives accompanied the party. FIFTY THOUSAND DISAPPEARS Safety Deposit Boa Containing Valu able Papers la Missing at Minneapolis. MINNEAPOLIS. Feb. 11. A safety de posit box containing bonds and securities valued at $50,000. the personal property of Daniel C. Hopkins, Vice president of the Hopkins Land company, has disappeared from his office In the Metropolitan Lifu Insurance building. Cold Beaeata Coal Trade. .V . i ,' . ine cold of the last few weeks had the effect of piimiiiirnum me coaj irs He so much that 1, V I u ai ley coal collerles have been ordered to work atx wvvat, uuui itMiosr aouce. ins wad of foul TIFT WINS CUYAHOGA, CASE Supreme Court Finds that Hii Org-an-ization is Regular, LIGHT VOTE AT PRIMARIES Elections Held In Thirty-Six Conn, ties and la Only Two la' There Opposition to Taft. COLUMBUS, O., Feb. U.-The supreme court today declared that the roadway committee of -Cuyahoga county which Is controlled by the Taft people Is the valid county organization In that county and today primaries were held under the man agement of that organisation. The commis slon, which was sustained by the supreme court today, had previously been declared regular by the republican state central com mittee and by two of the lower courts. The Foraker people contended, however, that the board of elections had final au thority by Implication to decide what was the rightful committee and that It had recognized the Harvey, or Foraker com mittee; , that later the board, under direc tion from the secretary of state, and not because It had altered Its opinion, recog nized the Taft committee. They accord ingly a9ked that the board be enjoined from exercising Its executive power con trary to the way in which It had exercised Jts Judicial functions. The supreme court In affirming decisions given previously by the circuit court, and common pleas court of Cuyahoga county, declared that the board of election Is with out authority to Ignore th committee recog nized by the state central committee; that the committee it named must be appointed. Judges Crew, Summers, Spear and Davis concurred in the decision, Chief Justice Shauck and Judge Price did not participate In the case. Light Vote In Primaries. Primaries for the selection of delegates to the republican state. convention were held in thirty-six counties of Ohio today. In fifty two counties there Is but one list of candi dates and no actual vote will be taken. In eleven congressional districts the pri maries today nominated congressmen di rectly or selected delegates to congres sional conventions. Opposition to Taft de veloped in. two counties only, Knok and Cuyahoga, and the Taft political managers are entirely confident of the result. They expect to have the convention unanimous for Taft when It assembles on March 3, and declare that there la no chance of any antl-Taft men being chosen as delegates to the national convention at Chicago. The polls closed at 7 p. m. The vote was gen erally light. No Opposition la Cincinnati. CINCINNATI. O., Feb. ll.-Republlcan voters In tht First and Second congres sional districts today went through the form of naming delegates to the state con vention, but only one ticket had been named and Taft delegates were chosen. A little contest for district committee men stirred one section of the city, but It did not affect the general result. CHI LLICOTH E, O., Feb. 11. No primary forcV-W-e of delegates to the republican state convention was held In Ross county today, there being no opposition to Taft delegates who had been nominated by the regular party organization. Similar condi tions prevailed throughout the Eleventh congressional district. TOLEDO, O., Feb. ll.-Conslderable In terest was manifested here today over the republican primaries for the selection of delegates to the state convention. There are two lists of delegates, the one headed by Taft for president and the second by Captain John Craig, tha local shipbuilder. Both lists are really for Taft, but the Craig list Is opposed to the re-election of Walter Brown to the chairmanship of the state committee. Hot Congressional Fight. ZANESVILLE, O., Feb. 11. There Is no opposition to the Taft ticket here and no primaries for state delegates will be held today. The congressional primaries, how ever, were rather bitterly contested. General R. R. Brown, past commander-in-chief of the Grand Army of the Republic, and Probate Judge I. O. Jennings are candidates for congress and are expected to be about evenly divided In the delega tion. Jennings Is a Taft candidate. General Brown Is an "original Foraker man," but presumably for Taft In this contest. ' ST. PAUL REPUBLICANS FOR TAFT Resolutions In His Favor Adopted at Harmony Meeting. ST. PAUL, Minn., Feb. U.At a har mony meeting of the leading candidates for state and city offices with the Roosevelt club of St. Paul last night resolutions were adopted endorsing the policies and administration of President Roosevelt and favoring instructed delegates from Minne sota to the national convention for the nomination of William H. Taft for the presidency. The political leaders decided to work for harmony and the candidates pledged themselves that if they were de feated for nomination they would work for the election of the successful nomi nees. MANAGERS ORDERED TO JAIL Judge Wallace Will Compel Kansas City Theatrical Men to Give Bands. KANSAS CITY. Feb. ll.-Bocause they refused to give bond In answer to Indict ments for requiring or permitting others to work on Sunday, Judge Wallace In the court ordered the following named theat- rlral managers sent to Jail: O. D. Wood ward of the Auditorium, F. H. Brlgham of the Gillies, J. F. Donnegan of the Cen tury and Martin Lehman of the Orpheum. The chief deputy marshal permitted the managers to leave the court room. When Marshal Hesllp heard of this he conferred with Judge Wallace and immediately depu ties were sent out to arrest and bring in the managers, who It Is stated will be sent to Jail unless they furnish satisfac tory bonds. The four managers have been Indicted seventy-one times and their bonds aggregate $14,200. Judge McCune in the circuit court this afternoon Issued writs of habeas corpus u)n application of the theatrical men's ttorney. SLEET STORM LOSS HEAVY Atlanta and Vicinity Slowly Recover ing from Effects of Frecsiasj ' Rain. ATLANTA. Ga.. Feb. ll.-Atlanta and vicinity are slowly recovering from the ef fects of the sleet storm which yesterday aid last night Isolated the city. Street cars are not running. The storm abated today, leaving ruin for miles about the rlty. Tha property damage, particularly to tele phons and telegraph lines, U heavy. LOAN Big Companies of the East Prefer Western Beat Estate to Bond Securities. State agents of the National Life In surance comrany of Vermont met In the office of Charles E. Ady. state agent for Nebraska. Tuesday to confer on matters of Importance to western underwriters. Will iam G. Henderson, state agent of Missouri and M. J. Dillon of Sioux City, state agent for Iowa were present. After the confer ence it was said that some changes of Im portance and of an Interstate nature would be made, but nothing would be announced at this time. The National of Vermont resumed mak ing mortgage loans on Omaha city property and Nebraska farms a few days ago, and the atate agents predicted that more Insur ance money than ever would be put out on real estate during the coming year, bonds being particularly unpopular with insur ance companies at the present time. "The Equitable Life Assurance associa tion has git the money loaned that It wishes to loan on Manhattan island and hereafter It will be the policy of this com pany to loan money in the leading western cities, In the section of the country which is producing the money for premiums." Thus spake Paul Morton, president ot the Equitable Life Assurance association at a meeting of the agents held In Chicago Sat urday. In writing to a leading Omaha business man Paul Morton said that Omaha was one of the cities he meant to Include in his remarks and that Omaha could have all the money It wanted to borrow with suit able security. There is no limit to the money the west may borrow provided suf ficient securities are offered. Mr. Morton wrote that they would like to get a large number of first mortgages on Inside prop erty. The officers of the company wish to make it clear that this money don't have to be secured through any fixed agency but that It may be secured direct from the company. J, W. Mooyer, loan agent of the company Is expected in Omaha next week at which time he will meet with some of the leading real estate men and make clearer the company's position. REV. JOHN K. FOWLER DEAD LaCrosse Minister Who Was Consid ered for Pastor br Omaha Church Passes Away. LACROSSE, Wis.. Fib. 11. Rev. Dr. John K. Fowler, pastor of the First Presbyterian church, former moderator of the Presbyterian synod of Wisconsin and one of the most prominent clergymen of his denomination In the northwest, died today of peritonitis, aged 56. Dr. Fowler has held some of the most Important charges in his church In Wisconsin and Iowa. Dr. Fowler was known to a large num ber of persons in Omaha. He was In the city a few weeks ago and came near being called to the pastorate of Lowo Avenue Presbyterian church. In fact a majority of the members at a congrega tional meeting did vote to call him. Dr. Fowler preached twice at the church on a recent occasion and made a most favor able impression on many who heard him. When advised over telephone friends of Dr. Fowler expressed keenest 'sorrow at his death, saying the news was a most severe shock. Henry B. Payne of Payne, Bostwick & Co. knew Dr. Fowler as his pastor when he was a student at Monmouth college. President Wadsworth of Bellevuo col lege and Dr. Fowler were close personal friends, having been associated In Los Angeles, where Dr. Fowler was pastor of church -and Dr. Wadsworth president of Occidental college. Dr. Fowler was known also to many of the local Presbyterians. Dr. Fowler passed through Omaha re cently, 'returning from Boulder, Colo., where he preached and to which place he might have been called. On that occa sion ho visited for a few hours In Omaha with his friend, Mr. Payne. "I thought then he looked very poorly," said Mr. Payne yesterday evening on learning of his death. "I am terribly shocked and grieved. He was a splendid man and an excellent preacher. One of the saddest features of his death la that he had been so solicitous over the health of his daughter, and now he Is gone. I am satisfied he felt disheartened over his daughter's ill health and I think this must have hod Its effect upon his health." MRS. M'DONALD ACQUITTED Alleged Slayer of Webster Guerln Is Foundr Not Guilty by Jury. CHICAGO. Feb. 11. Mrs. Dora McDonald, who hus been on trial here since January 20 on the charge of murdering .Webster Guerln, was acquitted by the Jury In the .criminal court tonight. The verdict was reached after six and a half hours delib eration, the Jury having retired at 1 o'clock this afternoon. The defendant, who Is the widow of George C. McDonald, the former million aire gambling king and political leader in Chicago, received the verdict without ap parent emotion. During the trial she had frequently collapsed snd on several occa sions the case has been Interrupted In order that she might receive medical at tention. Tonight, however, she was the least moved of any of the persons concerned In the defense, her attendant being so over come that Mrs. McDonald waa compelled to exchange roles with her and try to quiet the woman. Members of the Jury took an oath before reporting - their finding not to reveal the history of their deliberations. The first ballot, they said, stood eight to four for acquittal, but subsequent developments were carefully kept secret. After Mrs. McDonald had been discharged she waa take nto a hotel by relatives. It was announced later that she will retire to a sanitarium. Despite her nervous and physical condition during the trial and the months following the tragedy no hint of Insanity was offered as a defense at the trial. UNION PRINTERS ARE FINED New York Men Have Jail Sentences Added for Violation of lajunrtlon. NEW YORK, Feb. U.-Presldent Patrick H. McCormlck of the local typographical union, known as the "Big Six," and G. O. W. Jackson and Vincent aCstello, union organizer, today were fined tM each and sentenced to twenty days' imprisonment for disobedience of an Injunction obtained by the tyopethae of New oYrk In 1HWS. Thomas eUnnett and William 8. Anderson ware fined $100 on the same charge. Sen tence was Imposed by Justice lBschoff in the supreme court. INSURANCE MONEY TO SHOWDOWN IN SIGHT Opinion Revenue Collectonhip Will Be Settled Saturday. HAMMOND FORCES CONFIDENT Hinshaw Said to Be the Uncertain Vote in the Delegation. TALK OF SWITCH FOR HAMMOND Public Printer is the Latest Place Suggested for Fremont Man. ROSE NOT COMING TO CAPITAL Senator Burkett Secures Amendment to Pixtofflc Bill Increasing Clerk Allowance for Thlrd Claea Offices. (From a Stsff Correspondent.) WASHINGTON. Feb. ll.-(Speelal Tel gram.) From talks had with members o. the Nebraska delegation today it Is ap. parent there Is a deep-rooted convlctlot that Saturday will see the termination ol the long drawn out controversy over th Internal revenue collectorshlp matter bj the selection of either Rose or Hammond. Both sides are in doubt as to where Hin shaw will be found, but betting Is 10 te that ho will vote for Hammond and brlnj about his election. Nebraskans outside the delegation wen about the capltol today suggesting the ar polntment of Ross Hammond as publh printer, a position now being filled bj Deputy Public Printer Captain Brian slnct the removal of SUlllnfrs. The uncertainty, however, of the Ne braska delegation being able to land such a place for Hammond, It Is thought, would seriously deter the Fremont editor from going into the fight, as It would necessi tate his withdrawal from the collectorshlp race. HammondJ'lrmly believes In his star and he had emphatically stated he did not propose to relinquish what to him seems a certainly for an uncertainty. While the suggestion that the delegation go to the front for Hammond for public printer was pretty generally talked no great amount of weight was attached to the suggestion. The speculation as to the coming of Mr. Rose to Washington during tho week was set at rest today in a letter received by Senator Brown from Mr. Rose, which says: "Replying to your call for me to go to Washington In the Interest of my candi dacy for the collectorshlp, I have to say that Attorney General Thompson Is ex pecting me to go with him to Washington to take part In the argument before ths supreme court In the mandamus case Feb ruary 24, and tt Is out of the question for nje to be. in Washington before the 22d or 23d. Besides I believe It would accen tuate the feeling In the state over the controversy If I were to make the trip for the sole purpose of appealing person ally to our delegation." More Money for Postal O Ulcers. Senator Burkett todiy offered an amend ment to the postofflce appropriation bill appropriating $2,000,000 for clerk hire In third-class postofflces. Resolutions have been passed by a number of bodies through out Nebraska favorable to this appropria tion, which, it Is uiged, Is absolutely necdef In third-class postofflces. The maxlmun allowance tor clnrk hire In a third-class postofflce Is $500, while the minimum of clerk hire In a second-class postofflce is $1,300, and the work done by the clerks In second and third-class offices Is very nearly the same. From third-class offices many rural routes diverge and along these routes farmers who are dealing with mail order houses are In tho habit of sending their remit tances by money orders, so that the clerk Is kept busy In the postofflce writing money orders. Under the rules of the Postofflce department, weekly, monthly and quarterly statements are to be made out so that the postmaster and his clerk In a third-class office are kept continuously at work from early morning until late at night looking after the business of the of fice and It has become a notorious fact that third-class postmasters with the small allowance for clerk hire given them by congress cannot do the work devolving upon them. The postmaster general ear nestly recommends this appropriation which Mr. Burkett has fathered. South Dakota Polities. State Senator F. M. Byrne of Faulkton, S. D., Is in Washington with his son, who goes Into a preparatory schoool at An napolis for the purpose of reviewing his studies necessary to an examination for midshipman, which young Byrne will take In June of this year. Senator Byrne, speaking of the political situation In South Dakota, said that the Crawford-Gainhlo wing of the republican party, and known in the state as the In surgent wing, was gaining In strength and that a direct primary for United States stnator would eliminate Senator Klttredgo and elect Governor Crawford, Minor Matters at Capital. SenHtor Burkett today presented to the president Mr. and Mrs. Arthur English of Omaha, who are on their way to New York from where they sail Saturday on a tour around the world. Major Daniel E. McCarthy, quartermas ter, will proceed to Omaha for duty as chief quartermaster, Department of the Missouri, relieving Major Thomas Bwobe, quartermaster, from temporary duty In charge of the office of chief quartermaster. The application of E. T. Dufur, Nathan Schee, J. P. lambert, J. G. Rounds and A. Bailey to organize the First National bank of Diagonal, la., with $-3,0o0 capital, haa been approved by the comptroller of the currency. Rural carriers appointed for Iowa routes) Algona, route 6, S. J. Rumsey, carrier; Edith E. Ramsey, substitute, lone Rock, route, -2, Hugh M. Carr, carrier; Wilbur Heater, substitute. PROCEEDINGS OF THR HOl'SBl Appropriation for Inland Waterway Commission Voted Down. WASHINGTON. Feb. ll.-lnu-rest in the proceedings of the house of representa tives today attached to a mild criticism of the president by Mr. Tawney, chaiiman ot the committee oil appropriations, for hav. ing, as Mr. Tawney charged, appointed the inland waterways commission without au thority of law. The dihate was en the urgent deficiency bill and grew out of a, senate amendment to pay John H. Bank head, the new senator from Alabama, for his services on the commission. The right of the president to appoint such commis sions was upheld hy Messrs. Crumparker of Indiana and Underwood of Alabama (Continued on Bcond Page.)