' si
1 I
i
H
he Omaha Daily Bee
VOL. XXXVII NO. 240.
OMAHA, TUESDAY MORNING, MARCH 24, 190S-TEN FAGES.
SINGLE COrY TWO CENTS.
4
if .
1
$ STEVENS lS.S
Adristr of Jars in Hermit Kingdom
Attack? by Coreans.
ASSAULT IN SAN ""CISCO
Three Shoti Fired at Dip. W'Two
of Which Take Efft
INTERVIEW THE CAUSE 01, S
Mr. Stevens Accused of Misrepr v,
injj Conditions in Corea.
STATEMENT OF THE ASSAILANT
Charges That Mr. U In Par
of Cer and That II U Serv
ian Japan Wonnda Art
Probably. Fatal.
SAN EHANCISCO. March 23. following
an attack by four Coream at the Fairmont
hotel last night, D. W.. Stevens, a member
of the Japanese council at Seoul, was ahot
and' perhaps fatally wounded this morning
at the ferry boat as he was about to leave
for Washington. The shooting was done
by N. W. Chun, a Corean. Stevens was
hot twice, one bullet penetrating his right
lung and the second the groin. A third
bullet struck a companion of the shooter,
who ran from the scene, and he was cap
tured by H. Sexton, a deputy in the as
sessor's office.
' Mr. Stevens and the wounded Corean
were taken to the Central Emergency hos
pital. Mr. Stevens, accompanied by the Japa
nese consul, had Just stepped out of the
hotel omnibus when several Coreans ap
proached them. One of them said a few
words to" Stevens and then struck him In
the face.
He then drew a revolver, covering ,it
with a handkerchief, and began shooting
at Stevens. At the hospital Dr. Mill ex
tracted a bullet from the wounded Corean,
who had been shot through the lungs.
Btevens Is a man of strong physique. He Is
in splendid health and may recover.
First Attack Snnay Night.
The attack on Mr. Stevens at the Fair
mont hotel last night was the result of a
mass meeting of Corean societies of San
Francisco, which appointed four perma
nent members Eal Lee, C. K. Chung, T,
M. Moon and IX 8. Choy, all young men a
committee to Interview Btevens to ascer
tain his views as expressed In the press
after his arrival. The opinions expressed
by hlra were decidedly favorable to the
Japanese in Cores The four Coreans
called on Mr. 8tevens shortly after 9 o'clock
. last- night, Lee, who speaks Dngllsh flu
ently, asked Btevens It he had made the
. statement attributed to him In the press
and the latter replied In the affirmative.
The young men wanted to know If the
Japanese were not killing off the Coreans.
Btevens said no. The spokesman then
, n wanted to know if all the Corean officials
.lei not eliminated and Stevens again
renpondcd to the contrary, adding that the
young men had ' probably been' too long
away from his country to know the exact
condition of the government.
' Then" the attack" began.' Stevens was
knocked down and beaten' with chairs.
. His. head struck the marble flooring, but
ho quickly erode and seising a chair placed
Ills back against the wall and held his as
, snllants at bay until help arrived.
Corean Makes Statement.
After ' the aarault Eal Leo said that
Btevens Is pale by the Corean government,
but Is doing what the Corean people do
not went him to do.
, 'That is," said Lee, "he Is talking talaly
about us and the Japanese. In reality he
Is In the service of Japan. Since the
i Japanese began to 'protect' Cores thou
sands of my countrymen have been killed.
The Japanese soldiers hold up peasants for
their property, and they are killed If re
fused. About 1,600 villages In my country
have been destroyed by the Japanese troops
In a little more than a year since the
trouble begen."
Mr. Stevens' Statement.
As soon as he was removed from the
operating table Mr. Stevens called for an
Associated Press reporter to whom he gave
the following Version of the shooting:
As 1 got out of the Fairmont hotel omni
bus several Coreans approached me. One
of them struck me In the face, lacerating
my cheek. Asf started to pursue him
another t'orean began to shoot at me. The
flirt shot missed me and struck the Corean
I was pursuing. The next two shots took
effect In my back.
This evidently is the work of a small
band of student sgUators in and about
tnn Franotnoo, who reaent the fact that tlie
Jananeae have a protectorate over C'orea
anil believe that I am to Home extent re
sionsibl for this condition of affairs in
their country.
" WASHINGTON, March 23.-Durham
White Stevens is a well known American
diplomatist who has played a conspicu
ous part In Japanese official life. Mr.
Stevens be pan his diplomatic service In the
State departmunt here. Through Count
Okuma lie was given the post of confidential
adviser and counsel for the Japanese logs
tlon at Washington. Later he was appointed
to the Important post of confidential ad
viser to the Japanese authorities at Seoul.
BROWARD TO NAME SENATOR
Florida Governor May Xot Pick Any
Candidal Increases te
Bryan.
fENBACOLA, Fla., March .-Specula-
tlon Is rife here as to whom Governor
troward will name as the successor to
(Inlted States Senator William J. Bryan,
who died. In Washington yesterday. The
Florida campaign is how In full blast, with
three candidates for United States senator
-Congrtaaman William B. Lamar of Monti
cello, John 8. Beard of Pensacola and Al
bert Gilchrist of Jacksonville. It is not be
lieved the governor will name any of theae
parties, and the selection may be State Sen
ator Thomas West of Santa Rosa. Ex-Senator
Samuel Pasco of Monttcello was an
applicant for the position when Mr. Bryan
was named and It Is probable that he will
again apply.
INDIANS . LEAVE FOR CAPITAL
Delegation f Rfdaci Depart for
Waaklattta I Confer Over
Reservation Opening:.
WAKAEALA. 8. D March C-Indlaa
Agent Relden, accompanied by Robert
High Hagle, Joseph Claymore. Thomas
Frosted and Antolne Do Rock Bralne, In
diana, left hero todsy fur Washington to
appear before the committee that has
charge ef the bills for opening the Stand
ing Rock Indian reservation. They will
explain the Indians' withes regarding the
terms of sale aud disposition of the money.
SUMMARY OF THE GEE
Tnesday, March 24, lftOA.
1903
StX JUVY
1 2
8 0
15 16
22 23
2930
1903
JIT
0 z
13 14
20 21
2Z 23
nn 1W
3 4 5
10 11 12
1Z 18 19
24 25 20
31
m wiiTHia.
FORECAST FOR NEBRASKA Generally
"air Tuesday, warmer In west portion.
..FORBCAST FOR lOWA-Generally fair
Tuesday, continued mild temperature.
Temperature at Omaha yesterday:
Hour. Deg.
t a, m it
a. m I
7 a. m ,.. 3
8 a. m S7
9 a. m 45
10 a. m
11 a. m 80
12 m tl
1 p. m 53
2 p. m 8
S p. m 56
4 p. m 5?
5 p. m 56
8 p. in 56
7 p. m... 54
8 p. m 62
p. m W
DOKSSTIO.
Interstate Commerce commissioner
have given out statement covering railroad
earnings, showlhg effect of panic to have
been greatly exaggerated. Page 1
Supreme court has decided that the
Minnesota and North Carolina rate laws
are void because the penalltes are so ex
cessive that they in effect deny the right
of sppeal. Justice Harlan in a dissenting
opinion held that the Minnesota case was
proceeding against the state and not per
missible under the constitution. Page 1
John Berg of Nebraska City, a. well
known printer, is being urged on Presi
dent Roosevelt for a appointment as publlo
printer to succeed Stllllngs. The whole
Nebraska delegation is supporting Mr.
Berg.
An epidemic of suicide Is reported from
Sheridan, Wyo., where four persons end
their own lives within six days. rage 1
D. W. 8tevens, an American diplomat.
who has been the confidential adviser of
Japan in Coera was shot and probably
fatally injured in San Francisco by a
Corean student. Page 1
Governor Guild is much weaker and,
little hope Is held out for his recovery.
Pare X
roKxxav.
Student Coreans assault D. W. Stevens,
former adviser of the Hermit Kingdom,
wounding him seriously. Pag 1
Japanese are planning a big reception
for the American fleet. Page 1
axnAisx
Mayor of North Platte held' on the
charge of illegal sale of liquor, a quantity
being found on his premises. Page 3
Railroad employes of state ask for
leave to protest against the reduction In
railroad rates. Page 3
Xavler Stadler of Omaba asks to be
permitted to carve a statue of Lincoln
out of Tennessee marble In state house
grounds. . Page 3
Rev. F. A. Miller of Lincoln,' Neb., Is
badly beaten by a ,mob at Utica. as result
of a sermon In which he 1s said to have In
sulted the women of the village. Page 3
Attorney General Thompson declines J,o
dismiss suits brought In Lancaster county
court against express companies for re
fusal to furnish Information asked under
the state law. Pag 3
X.OCAX
Farmers of Nebraska have begun
shipping grain to Omaha again after sixty
to ninety days delay and all records were
broken on Monday when 480 car loads of
grain were received, only 14 being fore-
warded. Page 10
President W. T. Graham of the Omaha
Real Estate exchange says all necessary
expenses have been paid for engineers' re
ports and surveys on the proposed power
canal and there is no reason for not
putting the proposition of voting $5,000,000
of bonds up to the people of Omaha at
one. Page 8
J. C. Stubbs, head of the traffic de
partment of the Harrlman lines, out to
attend the meeting of the Nebraska rail
road commission, says the country Is all
right and buying will be on with a rush
In a short time. Page a
Mr. and Mrs. John Mauer argued at
length In Juvenile court for possession of
Glenn Whistler, the 2-year-old son of Mr.
and Mrs. Charles " Wlstler, whom the
Mauers claimed were not proper persons
to care for the Infant 'Pag S
KOTEMXITTS OP OCXAXf 8TBAJCSZXPS.
Port. ArrlTaa. Sal)..
LIVKRPnoi, ...Morton Caudles.
LIVERPOOL, ....Wtoifredlaa
Mnvil.l.E Columbia
qveensTown . 'MaurcUnla.
NEW YORK Ktruri
BY WIRELESS.
Browhead Kron Prlnzessln Cecelia, 141
milea southwest at 8:85 p. m.; will reach
Plymouth at 8 a. m. Monday. Minneapolis,
luu miles southwest at 3:02 p. m.; will reach
London at 12:30 Tuesday.
Sable Island Zealand, 619 miles west of
Sandy Hook; will reach New York at 8:3)
a. m. Tuesday. Ryndam, t(IO miles east of
Bandy Hook; will reach New York at 8:30
a. m. Wednesday.
FOUR SUICIDES AT SHERIDAN
t'nnsnal IM amber of People Tnke Their
Own Lives In Wyoming
Ttlrl,
SHERIDAN. Wyo.. March 23-t8peclal.)-Sherldan
Is experiencing sn epidemic of
suicide, four persons having tsken their
own lives here within six days. The first
were William Duncksr and Herman Hansea,
young men who hsd shipped here from
Iowa to work In a tie camp. Both com
mlted suicide In the room, apparently
without cause, as each had money, good
clothing and were In the best of health.
The third was William Evans, who had
also come west to work at the McShane
tie camp. Evans, without any apparent
reason, deliberately shot himself through
the head.
The fourth and last thus far In the grue
some list wss Qua Sanford, owner of a
hotel and saloon at Clearmont, a small
town east of this city. Sanford's body was
found In the outskirts of Sheridan, the
arteries of the left arm completely sev.
ered. He had deliberately slashed his wrist
with his pocket knife snd calmly laid on
a pile of straw until he bled to death.
Sanford's affairs were found to be In good
shape and there seems to be no reason
for his act.
Water Hondo for Sheridan.
SHERIDAN. Wyo., March ::. (Special.)
The city clerk has been Instructed to ad
vertise for the sale of t),0o0 water bonds
for the extension or the present system,
and also for the sale of $14,000 sewer Im
provement bonds. It Is expected to com
mence active work on both these public
improvements within two months, as sev
eral offers tor the bunds have already
bea made.
REVENUE OF. TOE RAILROADS
Panio Sid Not Hare Disastrous Effect
So Generally Bettered.
OFFICIAL FIGURES ARE GIVEN OUT
Interstate Commerce Commissioner
Lane Makes Statement Concerning
Earn In as of Linen for Last
Three Months ef lOOT.
WASHINGTON, D. C, March 23. Every
Indication points to an Improvement gen
erally In the railroad and industrial situa
tion of the country, according to reports
made by the great railway systems of
America to the Interstate Commerce com
mission. These reports are to the effect
that, while the railroads suffered to some
extent bv what has eome Ia Im referrmt
to as the "October panic," the loss was
by no means so serious as generally has
been supposed.
It appeared from the reports' that the
errect was felt particularly by the eastern
lines and by the lines in the southeastern
psrt of the country, a few of which were
emoarrassed, hot only by a falling off of
revenues, but by their Inability to obtain
ready cash with which to carry on Im
provements which they had begun, while
the western lines and the transcontinental
roads have not suffered materially fmm
the financial depression. The figures avail
able to the Interstate Commerce commis
sion Indicate also that the a-eneral condi
tion in the country Is Improving materially,
wiui a prospect that It soon will be normal
or better.
Franklin K. Lane, Pacific Coast member
of the Interstate Commerce commission,
haa made a careful analysis of the figures
submitted by the railroads themselves to
the commission. Mr. Lane was asked what
loss the railroads of America had sustained
from the "October panic." He rerjlled that
the railroad situation the country over Is
not Imminently a serious one at the pres
ent time.
Fnlllne; On In Revenne Small.
"There are no figures accessible by which
a definite answer to your question can be
given," continued Commissioner Lane.
"From the figures available to the com
mission, however, It does not appear that,
taking the country as a whole, the rev
enues of the railroads have fallen off to
the extent that generally Is believed. The
Interstate Commerce commission now rail.
upon the carriers subject to the act to
regulate commerce for monthly reports of
their revenues and oneratlnor .mon...
Such reports began with the month of
JUiy last, and I have the figures compiled
by Prof. Henry C. Adams, our statistician,
as to a number of systems which may be
taken as representative of the railroad
systems of the entire country. These sys
tems are:
!!SW Xork' New Haven A Hartford.
"New York Central.
"Baltimore A Ohio.
"Pennsylvania, east and west of Pitts
burg. "Southern Railway.
"Louisville Nashville.
"Rock Island.
"Atchison, Topeka tk Santa Fe.
Chicago, Milwaukee A St, PauL
Northwestern. tes . ., , .
"Southern Pacific.
"Great Northern. . -
"Northern Pacific '
"During the three months, JXily, August
and September, the total operating rev
enues of these roads amounted to $399,000,
000; for the panic months of October, No
vember and December, the total revenue
was $376,000,000. The freight revenues of
the systems nar. jd were, for the first
quarter, $264,000,000, and, for the second
quarter. $269,000,000. The freight revenues
for November were larger than those for
July or September.
"These systems, during the last six
months of HOT. received from passenger
and freight revenues a grand total of
$775,000,000, which Is $54,000,000 more than
they received for the same period In the
preceding year. 1906; and their net Income
from operation in 1907 was $14,000,000 more
than in 1906. These figures certainly do
not Indicate that, either owing to legisla
tion or the punic, the railroads of the
country as a whole have boen put In finan
cial Jeopardy. It Is true that during 1907
there was a great increase In operating
expenses, owing to general Increase In
wages; but. allowing for such Increase,
the larger volume of traffic and greater
revenue derived therefrom yielded a
larger net return to the railroads.
Western Ilonds Show Increase.
"A study of these figures shows that the
panic, so far as It affected the railroads,
extended but slightly beyond Chicago to
wards the west. If we take the trans
continental roads reaching to the Pacific
coast, we find that every one of them
Increased Its gross operating revenues dur
ing the last half of the year, 1907. Be
ginning with the Great Northern, which Is
near the Canadian border, and coming
down the Pacific coast to the Mexican
border, thus Including the Northern Pu
clflc, the Southern Pacifio and tho Santa
Fe systems, each one Increased Its total
operating revenues in the last half of 1907
over those revenues for the last half of
1906. while the ,net Income was In some
cases Increased and In others slightly de
creased; the net Income from operation In
each of thoee lines being, Santa Fe, $13,
000,000; Northern Pacific, $18,000,000; Great
Northern. $1S,000.000, and Southern Pacific,
$41,00O.OCO for the alx months. Taking
freight revenues alone, the Santa Fe sys
tem, for Instance, shows larger freight
revenues In December than In July or Sep
tember; and the Southern Pacific's Decem
ber freight revenues were but a few thou
sand dollars leas in that month than In
any other month, excepting October and
November. We find, therefore, no alarm
ing condition presented as to the trans
continental lines.
"Coming this side of the Rocky moun
tains we see that the Rock Island, not
withstanding the state legislation to which
It has been subjected. Increased its revenues
during the last half of 1907 over thoae of
1996 by over $3,000,000. The whole of Its net
income from operation. $17,000,000. was over
$1,000,000 less than for the corresponding
six months of 19u6. The Chlcsgo, Milwaukee
& St. Paul shows a decrease of approxi
mately $200,000 In operating revenues, snd
the Northwestern system an Increase of
about the same amount, although the Mil
waukee's net income was Isrger In I'j07
than In 1906.
In Trnnk Line Territory.
"Moving still further eastward Into
Trunk Una territory, between Chicago and
the Atlantic seaboard, we discover that the
New York Central, tho Baltimore Ohio
and the Pennsylvania lines, both east and
west of Pittsburg. Increased their total
revenues for the freight and passenger
trsffic In the July-December oerloil ot iww
over that of 1908; and as to both tha New
York Central and the Pennsylvania lines
the net Income from operation was greater
(Continued on Second Page.)
BANQUET TO MR. TAFT
' i :
The public is cordially Invited
to attend the slxtft annual dinner
Of the McKlnley club of Omaha,
at which the principal guest will
be the Hon. William H. Taft of
Ohio, at the Auditorium Monday
evening, April 6. 1808.
No personal Invitation la neces
sary. Note The price fixed for the
dinner is $2 per plate. On re
ceipt of application, with remit
tance, addressed to H. B. Z Ira
nian, chairman of Invitation com
mittee, Erandels building;, Omaha,
a numbered ticket will be sent,
entitling the holder to a plate cor
respondingly numbered.
Political clubs and groups of
persons will be accommodated
with adjoining seats.
Owing to limited capacity, ap
plication for tickets should be
made at once.
SCANDAL IN SPANISH COURT
Letters of Kins; Alfonso XII Thought
to Have Been Horned
Still Exist.
MADRID, March 23.-The Judges In the
Elena Sans affair called at the pe-lace yes
terday to take the evidence of the queen
mother.
Elena Sani was a Spanish actress by
whom King Alfonso XII had two natural
sons. These children are now suing the
heirs of Alfonso XII tor an annuity which
they claim was left to their mother by the
king and which was to revert, after her
death, to them.
The queen deposed that a few days after
the death of Alfonso XII, Senor Salmeron
came to Senor Abella, who was then master
of the household, and told him that Elena
Sans had In her possession certain letters
from the late king, the' publication of
which would cause a groat scandal. She
would give them up for $16,000, and In ad
ditlon Salmeron claimed $1,000 for his ser
vices in the matter. Trusting to the lnteg
rity of Salmeron, the queen paid over these
two sums and was assured by him that all
the letters In question has been dstroyed.
The present suit at the Sans heirs, however,
Is based entirely upon letters Identical with
those which the queen paid to have burned.
The Sans matter Is to come up before
the supreme court, that tribunal having
declared Itself competent to try the case.
JAPS PLAN JMG RECEPTION
Visit of American Fleet to Be Gala
Event Proof of Friendly
: Relations.
TOKIO, March 23. The press without ex.
ception is enthusiastic over the announce
ment of the visit of the American fleet and
the government Is receiving considerable
praise for extending the Invitation. ' The
consensus of newspaper opinion is that the
prompt acceptance of the invitation shows
the friendship of America for Japan, while
tho vtelt of tho fleet wTTi 'suffice to show
the world the Impossibility of a breach of
the friendly relations existing between the
two countries.
Dispatches received today Indicate that
the fleet will arrive In November. The
newspapers are urging the government not
to limit the expense of its reception.
WASHINGTON, March 23. What is con
sidered an invitation from the Chinese
government for the Atlantic battleship
fleet to visit Chinese porta was received at
the Chinese legation today and promptly
forwarded to the State department. A cable
gram to the Chinese minister shows that
the viceroy of Nanking has been Instructed
to make suitable preparations in conjunc
tion with the admiral of the navy to wel
come tho American battleships to Chinese
shores.
BOYCOTT MAY MAKE TROUBLE
Japan Asks China to Prevent It at
Oatset Many Lnra-e Meet
In are Held.
PEKING, March 23. Japan has asked
China to take such steps as may be neces
sary to prevent a boycott on Japanese
goods in China and to put an end to the
anti-Japanese agitation growing out of the
Tatsu Maru Incident. This agitation was
manifested last week at Canton, where
there were several large meetings at which
resolutions declaring that the anniversary
bf the release of the Tatsu Maru be ob
served as a dry of mourning, and proclaim
ing a boycqtt on Japanese goods were
adopted. ,
The native guilds and the press are giv
ing prominence to sensational reports of
the Canton demonstrations against Japan,
Indicating a widespread attempt to use the
Tatsu Maru Incident against the Peking
government, as well as against the: Japa
nese. It Is believed that a dosen or more
of the men recently taken Into custody on
the charge of agitating for reform have
been executed, the particular allegation
agalnat them being that they had trafficked
In governmental secrets.
Danish Bank Insolvent.
COPENHAGEN, March 23. The bank
committee which on February 9 took over
the affairs of the Detail Handlers' bank
has come to the conclusion that the lnstl
tuion Is insolvent and has decided In favor
of liquidation. The capital invested In the
bank is regarded as entirely lost. It be
came known early In February that this
bank was In difficulties and there was a
run on It February 8.
Japanese Vessel Sinks.
TOKIO. March 23.-The Matsu Maru, an
800-ton coasting steamer belonging to the
Yusen Kalsha line, was sunk In a collision
with the Hldeyoshl Maru, 696 tons, early
today, two miles off Todohokke, near Hako
date. The captain of the Matsu Maru, a
majority of her 341 passengers snd forty-
three of the crow perished. The Hlde
yoshl Maru and another steamer rescued
the survivors.
Royal Encasement Announced.
ST. PETERSBURG. March 23. The wed
ding of Prince Wllhelm of Sweden to Grand
Duchess Marie Pavlona haa been fixed (or
May a Prince Wllhelm la, the second son
of King Gustavo of Sweden. He visited
the United tttates last summer. The grand
duchess, whom he is to marry, is a daugh.
ter of Grand Duke Paul Alexandrovlch.
Mnnncl's Condition Good.
LISBON, March 23. -The' ststement pub
lished In El Mundo of Madrid that the
wound inflicted upon King Manuel of
Portugal at the time his father, King
Carlos, and the crown prince were as
sassinated had not healed and that an
amputation would be nece,saary has been
officially declared to be untrue.
BERG FOR PUBLIC PRINTER
Nebraska Kan Strongly Urged for the
Vacant Position.
SOLID DELEGATION BACK OF HIM
Matter Will Be Formally Presented
to Mr. Roosevelt This Mornlngr
With Mnrh Snpnort From
Strong; Sonrcea.
(From a Staff Correspondent.)
WASHINGTON, March 23. (Special Tele
gram.) The white dove of peace hovered
over the members of the Nebraska dele
gation today when they met In Judge Nor
rls' room In the houst office building, at
the request of Senator Burkett, to consider
the advisability of endorsing two or three
well-known Nebraskans for places In the
governmental service. Animosities, grow
ing out of the fight over the Internal rev
enue collectorshlp,v were seemingly wholly
forgotten. Senators ' Burkett and Brown
and Representatives Boyd, Hlnshsw, Nor
rls and Klnkald met at 3 o'clock in the of
fice room of Judge Norrls to'make delega
tion endorsement Of John R. Berg of Ne
braska City, foreman of the Congressional
Record, for publlo printer to succeed
Charles A. Stllllngs, resigned, and Edward
Royse of Broken Bow,- secretary of the
State department of banking of Nebraska,
as successor to William B. Rldgely, comp
troller of the currency. Congressman Pol
lard was absent from the meeting on ao
count of. the agricultural appropriation
bill, which was expected to bereached this
afternoon in the house and on which he
desired to present some views relative to
the work of the Agricultural department.
He Is In entire sympathy with the move
ment to endorse the gentlemen referred to
solidly, Mr. Berg being a resident of Mr.
Pollard's district.
The discussion wss general and most fet
tering to Mr. Berg and Mr. Royse, and it
was agreed upon that a letter, to be signed
by the entire republican delegation from
Nebraska, should be presented to the presi
dent, endorsing them for the positions re
ferred to. This letter will be presented
personally to the president tomorrow by
the chairman of the delegation. Judge Nor
rls, and will be emphasized by personal
appeals on the part of senators, Senator
Burkett having already presented the nsme
of John R. Berg as the moat efficient and
exceedingly capable prihter and In every
way equipped to succeed Mr. Stllllngs as
publlo printer. i
Many Boosting; for Berg.
In fact, a quiet campaign for Berg has
boen going on for the last week for this
position.' President Lynch Of the Interna
tional Typographical union was presented
to the president last week by Senator Bur
kett, In conjunction with the president of
the local typographical union of this city,
and both' the International president and
the local president of this very great body
of printers uncompromisingly endorsed Mr.
Berg for public printer. It . Is learned on
excellent authority that Samuel Gompers,
president of the American Federation of
Labor, has filed with the president a strong
letter, commending Mr. Berg.; , With the
olid republican .delegation from Nebraska'
behtnd him and outside Influence at work.
the president may see his way .clear to
the appointment of the Nebraska man, al
though it is understood Mr. Roosevelt told
a member of the joint committee on print
ing on Saturday that he had about made
up his mind not to appoint as public printer
anyone connected with the establishment.
In the light of Mr. Berg's strong endorse
ments iand his well-known executive abil
ity, it may be that tho president will see
a new light.
John R. Berg entered the government
printing office from Nebraska as compos
itor In 1883 by appointment of ex-Senator
Charles H. Van Wyck. This was long be
fore the days of civil service. Mr. Berg
remained in the printing office until the
election of Clevelend, when he, like hun
dreds of others, was compelled to walk
the plank and make way for democrats.
Mr. Berg returned, to Washington whin
Benjamin Harrison was elected, and ngaln
went out from the printing office on
Cleveland's second election. With the elec
tion of McKlnley Mr. Berg again Joined
the typographical force In the government
printing office, rising by easy steps from
compositor to proof reader, copy preparer,
assistant foreman of the Cona-resslnnal
Record and now foreman of that depart
ment, having under him over 300. men. In
1804 he was elected president of Columbia
Typographical union In this city and In
1906 was re-elected without opposition. In
1908 he was a delegate to the International
Typographical convention at Colorado
Springs.
Thomas Loses His Case.
Justice Moody in supreme court today
rendered a . decision dismissing for want
of Jurisdiction the case of Charles Thomas,
plaintiff in error, against the state of
Iowa. This is probably one of the most
sensational cases with which the people of
Iowa have been associated. It has pur
sued Its way through every court from
trial court, wherein Thomas was found
guilty of having murdered Mabel Scofleld,
whose body was found In a bayou of the
Des Moines river Just above the dam In
the city of Des Moines in October, 1839.
She was a dressmaker, having come from
the country adjacent to Polk county, a
few weeks before to learn that business.
She boarded and roomed with a girl rela
tive at the home of the parents of the
plaintiff in error, Charles Thomas. Senti
ment In the community was divided be
tween murder and suicide as to the csuse
of death. No developments were made
until January, 1D02, three years after the
commission of the crime, ' when the In
formation was filed before a magistrate
charging Charles Thomas with murder.
After a full heating the maglstrste held
there was not sufficient cause for believing
the defendant guilty of the offense . and
ordered him discharged, whereupon a re
ward of $2,600 waa offered for the arrest
and conviction of Jhe murderer of Mabel
Scofleld. The matter was brought to the
attention of successive grand Juries with
out avail until December 31, 1904, when an
indictment was returned Into court upon
rhich Thomas was tried and convicted by
verdict of Jury, which wss rendered on
March 4, 1906. The trial court sentenced
Thomas to Imprisonment at hard labor for
life. An appeal therefrom to the supreme
court of the state was taken, the same
being affirmed, and the writ of error which
was dismissed today by the supreme court
because of lack of Jurisdiction resulted.
- Lienor on Indian Reservations.
The supreme court today -bv Its decirlon
In case, of Simeon Hallowell, plaintiff In
error, against United Ststes, defendant in
error, went on record agalnat Introduction
of liquor on Indian reservations. Simeon
Hallowell, an Omaha Indian allottee, was
Indicted for introducing liquor Into the
Omaha reservation In Thurston county. Ho
(Continued on Second Pag-
WASHINGTON TO FAVOR TAFT
"''lonns of Weetern State Aro
for Secretary by l-arge
Majority.
SEATTLE, Wash., March 23. (Special)
All opportunity to submit the question of
the choice of the republicans of this state
for the presidency was lost when the recent
state central committee met and unani
mously endorsed William H. Taft. There
had been a well-developed plan arranged
to leave the matter to the voters and hold
a primary. The LaFollette managers were
backing the plan and they had the sub
port of the Hughes, Cannon and Fairbanks
people. But when the committee met, the
LaFollette man who had the resolution
In charge forgot all about It until too late.
The committee had adjourned and many
had left tha room when the Wisconsin
man s supporters awoke. The failure to
bring the matter up Is considered the big
gest Joke In political circles that has oc
curred In several years.
Many of the supporters of LaFollette.
Hughes and other candidates claim that
the real wish of the republicans of the
state Is other than Taft. They claim that
the Taft talk Is all due to the office hold
ers and some of the most prominent re
publicans, but that the rank and file of
the state are against Taft. In a speech
the other night W. H. Fleet, a LaFollette
man, stated that the editors of the coun
try newspapers were not Taft men.
Acting upon this statement a private
citizen addressed postal cards to the edi
tors of the country newspapers, asking for
a nrst, second and third choice. Just sixty
of these postal cards have been returned
and the vote Is a complete denial of Fleet's
statement.
Of the sixty editors who sent In replies,
nny-ntne were from editors of republl
can papers. The vote stood as follows:
Taft. 46; Hughes, 7; LaFollette. 8; Cum
mins, l; Bhaw, 1, this by the democrat.
Of the forty-five who wanted Taft, the
second choice, was 28 for Hughes and 7 "for
LaFollette. ,
To Washington's ten votes for Taft In the
republican convention can be added the
Alaska votes. This will make two more,
The convention Is not to be held for some
time, as the last convention was found to
be premature. At that time six delegates
were elected, but Alaska Is really only
entitled to two votes. The Irregular con
vention endorsed Tsft.
HELIE FOLLOWS MME. GOULD
French Bnltor Qnlrk to Seise Advan
tage Travels L'nder As
sumed Mnme,
NEW TORK. March XL Prince Helia I.
Sagan, who is a suitor for the hand of
Mme. Anna Gould, Is believed to have ar
rived In New York within a few dava with
the object of renewing his attentions to
tne American heiress. The man who Is
believed to be Prince Helle registered at a
New York hotel as "W. H. Thomnaon" and
gave no address. He reached New York
two days arter Mme Gould and dined with
her last evening at the home ot Mr. and
Mrs. Tyler Morse.
The visit ot the Drlnce here at thla time
was unexpected, at least by those who
know something of the affairs of the prince
nunseir ana", or Mme, Gould. She left
Paris to spend some time in this country,
away from the cares that bad weighed upon
her In the French capital.
The man who Is believed to be the orlnca
left his hotel today for Washington.
QUEBEC, Que.. March 23.-Prlnce De
Sagan passed throus-h Levis. ODooalte thla
city at noon on Saturday en route to New
fork. He crossed the Atlantic on tha
steamer Victorian under the name of
Thompson.
MONTREAL. March 23. Prince Helia da
Sagan, who arrived fiom Europe on the
steamer Victorian under the name of
Thompson, was obliged to divulge his name
to tne united States Immigration officials
before leaving Canada. He produced a pass
port and a letter of credit bearing his name.
PARIS. March 23. Efforts made toduv tn
locate In Paris Prince Helle de Sagan, who
Is reported In NewYork, proved fruitless.
H0RNE AND EDITORIAL POLICY
O. D. Woodward Teat I flee Ho Knew
Nothing; of Refnaal of
editorial Matter.
KANSAS CITY, March 23. O. D. Wood,
ward, a part owner of the Kansas City
Post, and a well known theatrical man,
formerly of Omaha, who was under cross
examination by the defense when an ad
journment was taken on Saturday, re
sumed his testimony today in the trial of
General Richard C. Home, charged with
the murder of H. J. Groves, managing
editor of the Post Mr. Woodward was
engaged In telling the Jury of his relations
with Home shortly before the shooting,
when adjournment came and he con
tinued along the same lines today.
It had been testified, heretofore in the
case, that General Homo wrote editorials
complimentary to Tom L. Johnson of
Cleveland, but could not get them pub
lished in the paper that employed him.
This, Home said he waa told, waa be
cause Johnson was fighting for 3-cent
fares and "Interests" behind the paper
were opposed to thst sort of thing. Wood
ward said today on the stand that he did
not know- anything about such adltorlals.
LITTLE HOPE NOW FOR GUILD
Physician of Governor of Haaiacks
aetts Thinks He Will Live
Throoch Day.
BOSTON, Mass., March 23-It was ad
mitted at noon today that Governor Guild's
chanoes for recovery from the uraemlc
poisoning, against which he has been con
tending for nearly three weeks, had de
creased perceptibly during the last twtn-ty-four
hours. The . continued decline in
Ms vitality haa been such that very little
remains.
"I do not want to predict," said Dr.
Wlnslow, the attending physician, "but I
think the governor will live through the
day. There has been a change for the
worse."
The doctor Intimated, however, that he
hsd not given up hope.
FUNERAL OF BISHOP FOWLER
Principal Knloay Delivered by Hev.
John Wralrr HllU-Prealdent
Svnds Wreath.
NEW YORK. March '3The funersl of
Bishop Rev. Charles Henry Fowler waa
held this afternoon from the Marliarm
nue Methodist Episcopal charch. The
church was filled with many clergy and
layman of the church. The nrini,.ci
eulogy was delivered by Rev. John Wesley
Hill. Among the flowers wss a wreath
sent by President Roosevelt.
The body wss placed in a receiving vault
In Woodlawn cemetery.
STATE LAWS VOID
Supreme Court Hit on Minnesota
and North Carolina Rate Cases.
PENALTIES ARE TOO HEAVT
Court Holds That They in Effect Deny
Riirht of Appeal.
OPINION BY JUSTICE PECKHAM
It Says Minnesota Case is Not a Suit
Against State.
JUSTICE HARLAN
DISSENTS
He Holds That Mlnnesotn Salt Is n
Proceeding; Asralnst the Ktate
Not Permissible Inder the
Constitution.
WASHINGTON, March 23. In refusing to
grant to Attorney Oeneral Young of Min
nesota a writ of habeas corpus releasing
him from the penalty Imposed by the
Vnited States district oourt for the dis
trict of Minnesota on the charge of con
tempt of court In Instituting a proceeding
In a state court for the enforcement of
the railroad rate law after the federal
court had prohibited such a course, snd
In affirming the decision of Judge Prltch
ard of the United States circuit court for
the western district of North Carolina,
discharging from Imprisonment James H.
Wood, a ticket agent of the Southern Rail
way at Ashevllle, after he had been sen
tenced by the Ashevllle police court to
serve a term on the rock pile on the chsrga
of collecting for a ticket on that road
a greater price than waa permitted by the
state railroad law, the supreme court of
the United States today added two others
to the series of decisions which have ren
dered notable the present term of that
court. -
State Control the Iaaoe.
In both cases the right of the state to
fix rates for railroad transportation waa
the Issue and both Involved conflicts be
tween the federal and the slate courts.
The decision In each case was opposed
both to the states and to their courts. The
opinion of the oourt -In both cases .was
announced by Justice Peckhafh, and with
the exception of Justice Harlan all the
other members of the court stood behind
him In the announcement of the court's
finding. Justice Harlan read a dissenting
opinion In the Young case. In which he
took the view that the suit was prac
tically a proceeding against the state, and
therefore not permissible under the elev
enth amendment to the constitution. He
therefore characterised the opinion s era
making in the history of the court; said
It had the effect of closing the courts of
a state against the state itself and pre
dicted the result would be disastrous.
The two cases were so similar that both
practically were decided In one opinion.
The principal pronouncement was made in
tho Minnesota case. 'r
Opinion by Justice Peokham.
Justice Peckham'S opinion was authori
tatively outlined as follows: (
"The court haa decided: That by reason
of the enormous penalties provided in the
rate laws by way of fines against the com
panies and Imprisonments of their agents
and employes the companies are in effect
prevented from ever questioning the valid
ity of those lsws, as the risk of confisca
tion of property and Imprisonment of agents
In case the companies failed In their de
fense was too much to undertake in a Ju
dicial decision of a question of such val.
Idity.
"Such laws are therefore held unconsti
tutional, as they prevented the companies
from resorting to the courts and therefore
deprived them of the equal protection of
the laws.
"The question of the sufficiency of the
rates to enable the company to obtain some
return to Its stockholders for their Invest
ments has for many years held to be one
for the courts to decide, as It would be a
violation of tha constitution of the United
States to fix ratea so low as to be con
fiscatory If enforced.
"The laws providing rates for tha trans
portation of passengers tn the two esses
under consideration have been held by the
court below to be so low as to be sub
stantially confiscatory, and should there
fore not be enforced until after further
trials. The courts had Jurisdiction to make
such an order.
'It has also been held for many years
that a suit Is not one against the state,
altough It prevents a state officer from
bringing suits for the enforcement of a
state enactment, which fixed rates so low
as to be confiscatory and which act wss
therefore a violation of the constitution
of the I'nlted States and this principle Is
reiterated and again decided In these cases.
The Jurisdiction of the federal courts In
such cases Is only exercised where the
state enactment Is alleged to be a violation
of the constitution of the United States
and In such case It Is proper for those
courts to take Jurisdiction equally with the
state courts, as the constitution of the
United States is by its own provisions the
supreme law of the land, anything in state
legislation or law to the contrary notwith
standing, and there is nn usurpation ot
Jurisdiction In ruch case."
Penalties Too Sevtw.
The opinion turned almost entirely upon
the penalty provisions of tho rate laws, and
the court's views on that point were stated
in the following extract from the opinion:
'For disobedience to the freight act the
officers, agents and employes of the com
pany are made guilty of a mlsdemesnor
nd upon conviction each may bo punished
by Imprisonment In the county Jail for a
period not exceeding ninety days. . Eac h
violation would be a separate offense, and
therefore mlsiit result In Imprisonment of
the various agents of the company, who
would dare disobey, for a terra of ninety
days each for each offense. Disobedience
to the passenger rate act renders the party
guilty of a felony and subject to a tine not.
exceeding 86,000 or imprisonment In the state
prison for a period not exceeding five years,
or' both fine snd Imprisonment. The sale
of each ticket above the price permitted
by the act would be a violation thereof.
It would be difficult. If not Impossible, for
the company to attain officers, agents or
employes willing to csrry on Its affairs ex
cept In obedience to the act and orders In
question. The company ltaelt, would. In
case of disobedience, .be Ha bio to the Im
mense fines provided fcr. The company, In
order to test the validity of the sots, must
find some, agent or . employe to disobey
them at the risk stated. The necessary
effect and result ot such legislation must
be to preclude a resort to the courts either
atst or fsderal Xor Uts purpose of taction)
i
' : I