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

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    The Omaha Daily Bee
Ruling- of Interstate Commerce Com
mission on Nine-Hour Act.
Railroad. Must Observe it Except
Where Cause is Shown.
prompt action necessV.i
No Extensions Can Be Granted Aftt
Law Becomes Effective March 4
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
"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.
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
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.
Thieves Loot Hoouts of Carat at
Memphis Dinner Daring
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, ,
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
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
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
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
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
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
Port. Arn4. Sailed.
NEW YORK Hamburg
PLYMOUTH K. Wllluln II. ..Pretoria.
HAMUURu Amerlka
GLASGOW Sicilian Prince ..
CADIZ Moltke
Fred. J. Oroeu ..
Princess Ireps ..
Cedar Leads Off Primary Election
Expression of Presidential
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.
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.
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.
New York Governor Placei Responsi
bility for Insurance Scandals.
raand Iron Senate, Which Body
Places It "On Table" for Time
Credlt of State la
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."
Was Aahford, with No Desire
Separate Him from Family,
Breaks Encasement.
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.
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.
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.
Tea Million Dollar Tied Up In Idle
Equipment, According; to Mr.
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.
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
Growing Spirit of Nationalism
Graad Duchy Raises Ques
tions In Rusala.
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.
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.
Sultaa Calls Them Back and Hussla
Will Not Increase Frontier
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
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.
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
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.
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.
Safety Deposit Boa Containing Valu
able Papers la Missing at
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
Supreme Court Finds that Hii Org-an-ization
is Regular,
Elections Held In Thirty-Six Conn,
ties and la Only Two la'
There Opposition to
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
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. '
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
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
Atlanta and Vicinity Slowly Recover
ing from Effects of Frecsiasj '
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.
Big Companies of the East Prefer
Western Beat Estate to Bond
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.
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
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."
Alleged Slayer of Webster Guerln Is
Foundr Not Guilty by
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
New York Men Have Jail Sentences
Added for Violation of
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.
Opinion Revenue Collectonhip Will
Be Settled Saturday.
Hinshaw Said to Be the Uncertain
Vote in the Delegation.
Public Printer is the Latest Place
Suggested for Fremont Man.
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
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.
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.)