Fhe Omaha Daily Bee
YOU XXXVII NO. 233.
OMAILA, FRIDAY MORNING, AtRIL 10, 1908 TEN PAGES.
SINGLE COPY TWO CENTS.
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SENATE PASSES BILL
Carriers Liability Measure Goes
Through Without Amendment.
HOW READY FOR SIGNATURE
It Amendi Fellow Servant Clause of
Common Law Liability.
SHORT .DEBATE IN SENATE
Mr. Kelson Contendi that Certain
Section is Unconstitutional.
DOLLTVER SUGGESTS CHANGES
Motion to ftahetltato Krnat'
Hons Bill It VniH
31 -BUI , r
. oat -
. WAFHrNvrn.v'
to the Lability of
roads pnsxrd by lK
tlves on April S was,
senate without Amtndv
vision, y
The senate bill on thin at.
fined to railroad, but c
rf common carriers, and k
who had reported It from thy
18
silver,
-rhlttee on
education and labor, sought tt. substitute It
for tho houac bill, but hJa motion was de
feated. Numrou amendment were offered
' to the bill, but all were voted down. . As
raased. th bill la expected to meet -the
abjection of the United Slataa supreme
sourt to th common carrif liability law of
IfcM.' derided to be unconstitutional by the
cutirt. The bill abollshea the strict common
law liability which bara ; a recovery for
personal Injury or. death of an employe
occasioned by the negligenc of a fellow
servant. If also relaxes the common law
rule which'' makes contributory negligence
a defense to claims for auch Injuries and
permit an employe to recover for an injury
caused by the negligence of a co-employe.
The bill doea njt bar recovery. even though
the Injured one contributed by hi own
negligence rb the Injury. The amount of tha
recovery la diminished In the seme degree
that the negligence of the injured one con
tributed to the Injury.
. During Vtliaa - discussion of the measure
there wss extended references to campaign
contribution by railroad men and especially
to the Harrlirian contribution to the repub
lican campaign fund of 1901 ' ,
' Nclsoa Rl Validity.
Letause the senate bill did Dot specify
the. cause for the Injury or death of the
employe. Mr. N'rljsou (.Minn.) said he be
lieved tt would be pionounced unconstitu
tional, The bill would make the company
liable tot Injury or death whether It related
to tho service or not.
. Two employes of a railroad might by
tfTelr negligence wreck train and kill a
hundred people. ea!d Mr. JSlkln, and yet
tlio proposed 'law would pay for the tn
Jutlca received by 1ho employes. Ha did
n"i JVlleve that, waa.. Just jroyleioq. -
Hfiiatnn V. emfth--lnqulred whether
tlm bill would facilitate Interstate Com
merce. Senator Dolllver replied that It was
"Intended to promote the rights of employes
of con-nion carriers."
Mr. Suit) It declared that that was an Im
portant ' question. "If," be said, "there
was no purpose to facilitate commerce In
this bill," he thought the warrant for its
constitutionally would be doubtful.
Senator Hcyhurn wanted to have It
known that the ponding bill was not aa
unmixed blessing, ss It would substitute th a
federal legislation for legislation by the
states In matters covered by the bill. It
would make necesssry the bringing of aults
under this taw In federal courts often far
removed from the place of accident,
whereat fn the past they have been taken
to the nearest Mate courts.
Amendment Voted Dorra.
By a vote of M to 21 a motion by Senator
Dolllver to substitute the senate for the
bouse bill waa laid on the table.
Senator Carter made a strong plea that
the senate should confine this legislation
to railroads as waa done by the house bill
and should not enter upon the ancient field
of commerce On shipboard aa might be con
templated by the senate bill.
. A motion by Senator Dolllver to amend
the' house bill by Inserting the words "All
questions of fact relating to negligence
hall be fr the Jury to determine" was
defeat after Mr. Dolllver said It was In
tended ta be a suggestion to Judges that
they were to leave the Question of fact to
Juries and not Invade their province as he
aid had become the practice of some
Judges who undertake to Instruct Juries
In thla reapeot.
The bill waa passed without amendment
and without a division.
PROf fcKDIG Or THIS HOrSH
uemnrrala Force Reaaalicaa Fra
, 4nce assiaa Tree Time.
WASHINGTON, April . Three time to
day In the houae the democrat caught the
republican napping and foreed them to
produce a quorum. On one occasion a
vote By. teller disclosed the absence of a
quorum, but Speaker Cannon peremptorily
applied the , Reed rule and declared a
quorum to be present . Jn doing so he hd
brief but lively clash with Mr. William.
Notwithstanding the repeated roll call,
progress was made In th transaction of
publlo business. Both the army and the
fortifications appropriation bills were sent
to conference; th senate' bill to Increase
the rifiriency of the revenue cutter serv
1c w. with democratic help, passed, and
the bill to promote the aafe transporta
tlun la Interstate commerce of explosivea
was considered. It will be finally dis
posed Of tomorrow. '
The democrats prevented the edoption of
the tonference report on the Indian ap
prnpriatinn bill and rauacd it to be sent
buck to conference.
At o'clock the house took a recess un
(II 11:90 tomorrow.
CHARLES HENDERSON RESIGNS
ecend tic r-resldeat f Rea--tT
Hallrvaal Will Leave Hla
Position Sooa.
PH1LAUKI.PHIA. April .-Announcement
waa made today that Charles E. Hen
derson, second vice president of the Read
ing tt Pennsyhanla railroad, haa sent his
resignation to President Baer, to tax ef
fect at Mr. IJatr' convenience, or not later
than May 1. The cause for tbe' resignation
nut given ojL The resignation will b
acted uputt uext week.
Prea'.dVut Kr haa appointed R. H. Ball
freight traffic, manager. It la understood
lie will of4n:e some of th work attach,
' ta th oi ( c of second vice president
SUMMARY OF THE BEE
frldar. April 10, 190R.
1908
.six ,vay.
iOffpRIZs 1908
WSWa Va
J Z O 4
5 6 z .8 own
12 13 14 15 10 11 18
19 20 21 22 23 24 25
26 2Z 28 29 30 -
tsi wiiTna,
For Omaha. Council Fluffs and Vicinity
Fair and cooler Friday.
For Xehraska Partly cloudy Friday, with
probably showers east portion; cooler.
For Iowa Probably eliowers Friday,
cooler west portion.
i emseraisre
at Omaha I
Hour. Deg.
2 p. m 52
DOMESTIC.
Senate passed the bill holding railroads
responsible for personal Injuries of em
ployes. It Is now ready for the presi
dent's signature. Fagn 1
Latter Day Saints In annual conference
discuss 'marriage of divorced persons.
Far 1
President Roosevelt submit message
to congress calling attention to the need
of additional leglnlatlon regulating an
archy. Vg 1
Governor Hughes derides to call an ex
tra session of the New York legislature
to consider matters not done by the one
now In session. ' 1
Alabama supreme court holds the pro
hibition law and nine-hour closing law
valid. a" 1
Borne of the mining districts are able
to settle their own differences and op
position to a general conference exists.
rag's 1
Orover Cleveland is reported to be much
Improved after a week' Illness. Faff 1
Bulgarians In 'Chicago found to have
been brought over from the old country
under false representations. lg 1
Lottery men In 'Cincinnati are given
heavy fine In federal court. T9 1
W. J. Bryan haw two days In Lincoln
before leaving on his eaatern tour.
Fag; 1
' Department of Justice will soon begin
prosecution of the Paper trust. Fag 1
Charles K. Henderson resigns as vice
president of the Reading road. Faff 1
TOBEIOir. .
' Shareholders of the Grand Trunk Rail
way company hojd session at London, In
which row over management of toad la
precipitated. Fafn a
Detail of th assault of Japanese upon
the American consulate at Mukden ahow
the Japanese to have been In the wrong.
Fag-e S
ITSBBAKA. ;.
Brror' fn th eoimt tf trot'e In" Lincoln
for a time made It appear air If the pro
hibition lwts had won. The excise board
declared the reverse to be true. Faff 3
A. H. Waterhouse, prlnolpal of the
Omaha High school, haa been tendered
and accepted the position of auperln
tendent of the Fremont schools. Faffe 1
ZiOOAXk
Police capture Ben Marshall, colored
strongly suspected of the assault cm a
number of young women and answering
description of negro who murdered. Jose
phine Rummelhart October 7, 190.
, Faff I
Sheep growers of Wyoming, Montana
and South Dakota ask railroad companies
to name new rates on wool to Omaha
and from Omaha to the manufacturers.
with a view to building a warehouse in
this city with a capacity of at least 40,-
000,000 pounds. Faff
L. Iten A Son, cracker manufacturer,
decide to build their new plant In Oman
(0 per cent larger than at first Intended.
Faff
OOaOCXSOIJUi AJTB XVSUSTXXaX,.
Live stock market. FaffaT
Grain market. Faff T
Stock and bond. Faffe T
WOODYARD IS RENOMINATED
Coaarreumaa from Fourth West Tlr-
' aria District Glvea Hoaor oa
Platter Taft Wins.
PARKER8BURO. W. V., April tOn-
gressraan Harry C. Woodyard was renora
lnatd by acclamation by th republican
of the Fourth West Virginia district here
late yesterday. General C. W. Curtln and
J. H. Linlnger were elected district dele
gates to the national republican conven
tion and M. A. Lowthsr a presidential
elector. They were instructed to vot for
Secretary Taft for th presidential nomina
tion.
PHELBTYILI.K. Ind.. .April 9 Repub
llcana of the tfixlh district met here to
day to nominate a candidate for conirres
to succeed James E. Watson, republican
candidate for governor. There are alx
candidates for the nomination. The res
olutions adopted at the convention
strongly Indorsed Vice President Charles
Fairbanks for th presidency.
PEORIA. 111., April . The republican
convention for the Sixteenth longreH-
slonal district met thla morning t ae
lect two delegate and two 'alternates to
the national convention at Chicago. Re
olutlons were adopted Indorsing the fed
eral administration and the delcgatca wer
Instructed to vote for Joseph G. Cannon
for president. The delegates thostn are
Walter 8. Horton and Robert . Clark
of Peoria.
WATERTOWX. N Y. April 9 At the
republican convention here of the Twenty
eighth congressional district Georg Cobb
or this city and Luthe W. Mott of Os
wego were selected delegate to the na
Mimii convention. i ne aeiegttes were
lu.structd to support Oovernor ilughe for
the presidency.
MINNEAPOLIS. Minn, April 9. Otto
E. Greeiy and W. H. Eusti ner elected
delegate from th Fifth congressional
district of Minnesota to th republican
national convention today. fhe delega
tion Is Instructed for Taft.
MARION. Kan.. April .-i:iiit mitneesea
were on tho atand before dinner today for
the state In the preliminary hearing of
William T. Carr. charged with the murder
of Oscar Bailey. They were mostly ein
playcs of tiie Wells-Kargo Express com
pany and the Santa Fe railway at Newton
Their testimony corroborated that of those
"i ncuuniii. mnn nittur iu; cams
for Crr look serious. Th prisoner will un
doubtedly be bound over for trial at the
May turn of the district court .of linoo
count
-d m
i aCS!! 10 m 80
tSto 11 82
jr6 12 m..; W
1 p. m M
2 p. m ST
MICHES FOR EXTRA SESSION
Governor of New York Comet Back
at Legislature.
STILL INSISTS UPON PROGRAM
Aatl-Race Gambits BUI, Direct Frl-
narr Nominations, Wider Scope
of Fablle Servlco Commli.
aloa Inclnded,
ALBANT. N. Y., April Governor
Hughe ha decided to call a special elec
tion for the election of a successor to the
late Senator Franehot, who represented
the Forty-seventh district, comprising the
counties of Niagara and Orleans. The call,
which probably will be Issued today or to
morrow, will be for May 12. Ther also
was an authoritative Intimation from the
executive chamber that an extra aeasion
of thn legislature will be called by the gov
ernor to begin May 11.
The legislature ha set April 23 a the
date for final adjournment. It waa sug
gested to the governor that certain oppo
nents of the race track legislation bad
stated that In the event of an extra session
being called a recess would be taken until
the end of the year. The governor smiled,
but refused to discuss the matter. ,
Rene era Hla Recommoada-tlons.
Following the failure of the senat last
night to pass the anti-race track gambling
bills. Governor Hughes today sent to the
legislature a message renewing his recom
mendation for tbe enactment of this legisla
tion and asked for the enactment of eight
other propositions now pending before the
legislature.
The recommendation Included:
The pawRgn of appropriate legislation to
prevent th so-called discrimination of the
Pcrry-Uray act, which practically legalises
gambling on race tracks.
legislation to rerorm banking methods.
Direct primary nominating conventions,
legislation which will place telephone
and telegraph companies under the juris
diction of the Public Servlte commission.
The passage of bills which will facilitate
the construction of subway In New York
City.
The governor also urges investigation by
commission of, first, Wall street specula
tion; second, the question of Immigration;
third, the question of the unemployed lit
this state, .and fourth, the relation of the
Inferior court to certain . criminal pro
cedure. Governor I'ra-e Action.
Relative to the Hart-Agnew bill the
governor in his message says:
I again urge you to enact appropriate
legislation to abolish the existing discrimi
nation in favor of race track gambling.
1 he failure or the upper branch of your
honorable body to bass the measures de
signed to effect this purpose after their
puaaage in the lower branch cannot be re
garded a disposing of the matter. Th
constitution, with it peremptory mandate,
still stands. The evil of race track gam-
Ming nourishes not In spite or the law. but
because of the law. Legislation pretending
to carry nut the constitutional provision in
effect nullifies it You are not asked to
accomplish the Impossible, or to write upon
the statute books a visionary Bcheme of
moral reform. You are asked to rid our
law of a vicious discrimination whereby
offenses equally condemned by the consti
tution are punionea aa crimes ir committed
In one place and are encouraged by the
absence of a suitable penalty If committed
in anotner.
Chapter 370 of the lawa of 1906, known as
the Percy-Gray law, pretends in It pro
vision with regard to authorised race
tracks to prohibit gambling. This pretense
run through the act, but It Cheat
prohibition by providing that the only pen
alty, If no memorandum or token of th
wager be delivered. -shall be liability to a
civil suit for the money lot. If ever It
was auppoeed that this was an apt law to
prevent ine oi lenses mentioned in tne con
stitution no one now cherishes the Illu
sion. It Is a mockery of prohibition, and
pool ' selling and bookmaking flourish st
the race tracks aa though they were legally
authorised. Not only is this the result.
dui tne enforcement or the law elsewhere
Is embarrassed by these undemocratic dis
criminations.
Kxlstlaa; Prohibition Inadequate.
lt I not a question for the legislature
whether this vice should be permitted or
regulated. Cnder the constitution the legis
lature has no right to permit It or to reg
ulate It. The people have spoken upon that
Question. You are asked to make existing
prohibitions effective.
instead or virtually protecting pool sell
ing and bookmaking upon the race tracks
instead or lavoring tnem and subjecting
them to an Inadequate penalty the law can
and should effectively prohibit them by Im
posing penalties similar to those which are
visited upon identical orrenaes elsewhere..
The demoralizing influences and the men
ace to the welfare of the stale which ara
involved In the continuance of thl evil are
obvious. Still more Important Is the neces
sity of vindicating the fundamental law of
tne land and demonstrating that this la a
late where law and order prevail and
wner no interest is powerful enougn to
Keep on the atatuie oooHa deceitful provis
ions whereby prohibition becomes profit
able license ana a favored class of law
breakera ar afforded substantial Im
munity. Respect for law 1 the security of our
government, and the guarantees of the
right of liberty will not long avail if th
people are taught to view the constitution
with contempt.
I threfore urge you to discharge a manl
fest duty and to end the discriminations
In favor of race track gambling, .which
cupidity inspired and now aeeka to main'
tain.
Governor Hughes recommended the crea
tion of a commission, the member of
which shall give their service without pay,
to Inquire into "the fact relating to specu
lation In securities and commodities with
th view of ascertaining the manner In
which illegitimate transaction may be pre
vented and legitimate business safe
guarded." OCEAN TRAVEL UNAFFECTED
Another Roeord-BreakJna; Year for
Water ' Business la la '
Pro aert.
NEW YORK. April 9. Another record
breaking year for ocean travel Is possiblo
If present prospect continue. While
teairahlp agent at the beginning of the
year were dubious of the outlook, their at
titude during the last few week ha
changed and they themselves were greatly
surprised when the statistics for the first
three month of th year were computed
last week.
Instead of the cabin passenger traffic
eastward havtnj decreased bjr thousands,
a many person bad suppoaed, th fig
ure show dcrrHe of only 366 from laat
year m the first cabtns, while the number
of second cabin passengers traveling In
that direction was 2,229 greater than laat
year. The travel for the week ending last
Friday was a record breaker for thl time
of th year, for th various steamship
leaving took out UD more first cabin pas
sengers than vessels carried In the corre
sponding week of last year. Incoming
liners, up to April 2. brought in 64S more
first-class cabin passengers than they did
during th first three month of laat year. '
STEEL PRICES STAY FIRM
X Redaction Contemplated by Mag
nates fader Prevent Condi
tion of Trade.
NEW YORK, April .-No reduction of
th price of steel is now oontemplatad, ac
cording t a statement made today by E.
H. Gary, chairman of th Culted Stale
Stool eorporatlo
SAINTS. DISCUSS DIVORCE
Sentiment t'aaalmoo that Something;
. Shoals' Bo Done to Cars
Bvll.
INDEPENDENCE. Mo.. April 9.-(Spe-
cial Telegram.) A record-breaking crowd
waa In attendance at the business session
of the conference of the Reorganized Church
of Jesua Christ of I-atier Day ftainta today.
the large attendance being due to an antici
pated warm debate on a matter which had
been made the special order for this day at
the last conference, namely, the question of
divorce and remarriage. The resolutions
which were made the special order are:
Resolved, That in our opinion the mar
riage of person who were formerly di
vorced for any other reuse tnan fornica
tion or adultery Is wrong and should not be
approved or condoned by the church.
Resolved further, Thai our ministers be
required to honor thi declaration nd to
refuse to perform the marriage ceremony
in all Instance among pemons within or
ithout th church where said wrong is
Involved. ,
Resolved further. That where It la In evi
dence that said crimes have led to "the ob
taining of a divorce, we do not deem It to
be absolutely necessary that they shall have
been urged In the civil rourt proceedings.
'Resolved furthejr, That the above Is not
to be construed as Seeking to prevent or
piuis upon the question of reuniting the
same persons who have been formally di
vorced. The special order ws scarely taken up
before a substitute was moved, which. In
a general way was the ame the resolu
tions pending, except that Inhibition for
ministers to perform mrrlage in the cse
of divorced parties was eliminated. Debate
on this substitute had proceeded but a little
way before an amendment was had to the
substitute placing the . inhibition In It.
The debate on this question consumed the
entire session and was still in progress
when adjournment was had. It was appar
ent from the tone of th debate that the
minister of the church deem this a highly
Important subject. '
While the flatter Day Saint, owing to
the confusion In the minds of the people
concerning this organisation and the Mor
mons of Utah, are thought to be some
what lax on the marriage question; any one
who listened today to the debate on the
floor of their conference would be Im
pressed with the fact that they are peculiar
In theJr views on .marriage, but the pecu
liarity consists of the rigidness' with which
they Insist that there is only one ground
for divorce and that the scriptural ground
a given by Christ; namely, a violation of
the marriage vows.
No debater on the floor today seemed to
question that thla was the unequivocal at
titude of the church, but the heat of the
debate 1b developing ekirg the line of
whether or not It Is politic or proper for
the church to Inhibit their ministers from
exercising liberty of action or conscience as
to whether or not they shall perform the
marriage ceremony for divorced people.
The debaters seem to recognise and
greatly deplore the wide extent of the di
vorce evil, as It Is termed, or as one
speaker spoke of It, "the curse of the na
tion," and It Is evident that these men are
earnest In their search for a remedy for
the divorce evil.
It Is anticipated that the debate will con
sume the sessions of conference for two or
three day. , ,
WYOMING STOCKMEN, CONVENE
Land laalnar Btir Esssned and
Present Forest ' Policy with
Some Restriction.
CHEYENNE, Wyo., April 9. (Special.)
The thirty-sixth annual convention of the
Wyoming Stock Growers' association was
held here Tuesday and the old officer re
elected, a follow:
President W C. Irvine, Ross, Wyo.
Vie President Robert De Trow.
Secretary Miss Alice Smith. Cheyenne.
, Treasurer J. D. Frehorn, Cheyenne.
Resolutions were adopted endorsing the
Culberson bill relative to the furnishing
of cars, transportation of live stock, etc
The movement of the atate and national
government In Its efforts to eradicate
cable and other disease among cheep,
cattle and horses was endorsed. The policy
of the general government In establishing
forest reserves waa endorsed, but the con
vention believed that these reserves should
be conftned to the forest areas; also that
th practice of making contracts which
permitted the denuding of large area of
tree should be discontinued.
Th leasing bill endorsed by the Ameri
can National Live Stock association in
Denver last January was endorsed by the
Wyoming cattlemen here today.
Th most Important action taken was th
adoption of a resolution Instructing
President Irvine to appoint a committee
of five members to arrange for a con
vention of the stockmen and other of
Wyoming Interested In the disposition of
the unoccupied lands, to be held in Chey
enne on September 15 next, at which there
ar to be general discussion of th ques
tion of leasing, etc., by cattlemen, sheep
men, horsemen and citizens generally, and
at which an effort Is to be made to
evolve a measure, or system, of controlling
and leasing the ranges that will be satis
factory to all.
The reports of Inspector showed that
1907 wa the best year In the history of the
cattle business In Wyoming, cattle netting
SoO.oo per head, or 10 cents more than the
previous year. The Inspectors Inspected
136,024 estray rattle at the several market
and returned several thousand to members.
HARRIMAN HAS HOLD OF ERIE
Recent thnnae Will Give Him Trans,
continental fyslem of
It and.
NEW YORK. April 9.-Following the ac
tion of K. H. Harrlman in providing S5.500,
OX) yesterday for the payment of maturing
notes, It was said today in Wall street
that the Erie railroad will shortly pass
under the absolute control of Mr. Harrlman
and hla associates, who stand ready to
spend, under certain conditions, from
t30.0U0.Wtl to IVIOOO.OX) for Improvements In
terminal tunnels, trackage 'and rolling
stock. If these plans are completed, Mr.
Harriman's long cherished plana of a per
fectly equipped complete transcontinental
road, with the Erie as the eastern outlet,
will have been reallxed.
FINES FOR MENJN LOTTERIES
Thirty-Two Thousand Dollar Accra
sat of Penalties Impooed
oa Cincinnati Men.
CINCINNATI. April 9-Flne aggrega
ting 132.1100 were today assessed against
Morris Richmond and six others, who were
arrested some week ago. charged with
conducting the Kentucky lottery contrary
to law. The men were arraigned before
I'nlted Slates Judge Cochran In Covington
today under the Indictment recently re
turned and all pleaded guilty, the fine
being at ono announced. Richmond waa
fined tlO.OOO and leaner amount were an
nounced against th other, all of whom
declared that they wor through with the
lottery business forvb
POLICE MAKE BIG ARREST
Capture Mm Whom They Believe
Killed Josephine Rummelhart.
OTHER LIKE DEEDS LAID TO HIM
Chief Donahae Certala He Attacked
Mia Oraa aad Rerarda HI
Copt a re aa of Most la
portaare.
Attempted assault and murder of Mrs.
Annie Grabowskl. south end of Twenty
fourth street viaduct, three weeks ago.
Two other assaults on women In the
last two months.
Attempted assault on little daughter of
Assistant Chief of the Fire Department
Dlneen In 1900.
Assault and murder of Misa Josephine
Rummelhart, Twenty-sixth and Dodge
streets, October 7, 190S.
Ben Marshall, a porter in a saloon at Six
teenth and Leavenworth streets, wa cap
tured by Detective Davis. Pattullo, Ma
loney and Van Duaen shortly before noon
Thursday whll tryng to make his escape.
Kvldenc which Chief of Detective Sav
age ha gathered points to Marshall, with
scarcely the shadow of a doubt, aa the
man who attempted, to assault Miss Mollis
Gran, a telephone girl, Monday night.
Ho 1 the man arrested and tried for as
sault of the little daughter of Assistant
Firs Chief Dlneen in 1900. Because the
girl wa enly a child no convicting evi
dence could be secured and Marshall was
only sentenced to ninety days In jail.
Chief I Firmly Convinced.
Chief of Police Donahue believe firmly
that Marshall is the man who on the
night of October 7, 190, crept up behind
Miss Josephine Rummelhart at Tweniy
slxth and Dodge streets, struck her a stun
ning blow on the head, dragged her away
and assaulted her and then cut her throat.
Since the bold assault on Mia Gran last
Monday night Chief Donahue and his men
have exerted every effort to locate the
man who has been perpetrating crimes of
this nature with reckless persistence. A
good description of the negro 'was at hand.
Every officer was on watch. Thursday
morning Policeman Holden saw Marshall
In Rolmers" saloon. He called for Miss
Gran and she came down and saw the
negro, who waa wsshlng the aloon win
dows. She said he was the man.
The moment the negro saw the girl he
dropped his brush, rushed Into the saloon,
secured his hat and coat and disappeared.
Immediately Chief of Detective Savage
sent out his entire available force of plain
clothes men on the trail. The four de
tectives named surrounded the negro on
South Nineteenth street. He wa making
toward his room at 3033 South Eighteenth
street.
Circumstantial evidence brands Marshall
unmistakably as the negro who attempted
the assault on Miss Gran. The rope which
he placed around th girl' neck when he
seized her and with which he attempted
to strangle her as he dragged her away
was aecured by th detectives, it 1 a
ragged but stout rope, about six feet long
and with a snap at one end. This rope was
taken to Rclmers' saloon and shpwn to
Relmor. p - . : . .
Jf that Isn't my rope Ive got one Just
tike it," ha. said. ' .
He went to a drawer where he kept th
rope and It was missing.
Aaawera the Descrlptloa.
Marshall la about five feet four Inches
tall.. This Is the description given by Mis
Gran of her-assailant. It I also the de
scription given by Mr. Grabowskl.
It I the description given by the only
two person who saw the negro In tho
vicinity of the Rummelhart murder Just
before that crime occurred.
Chief Donahue, Chief of Detectives Sav
age and all the department are relieved
by the capture of the fiend.
"I consider It one of the beet and most
Important captures ever made In Omaha,"
said Chief Donahue. "I have lain awake
at night many a time In th last month
tormented by the thought that we might
wake up in the morning and find that thl
man had committed some horrible crime
Ilk th Rummelhart murder. I myself
worked until after 2 o'clock Monday night
In an effort to trace the negro who at
tacked Mia Gran."
NOT SETTLEDJN WISCONSIN
La Follette Sapporter Claim Sold
ueiegsiios xor mm la tne
Badser State.
MILWAUKEE. Wis.. April 9. Special
dispatches to the Milwaukee afternoon
papers Indicate tho election of Walter Alex
ander of Wausau as a Taft delegate to
the republican national convention. It la
aald that the race for the second delegate
In tho Tenth Is so close that an official
count will be necessary.
In the Eighth district George W. Payne,
a Taft supporter. I running a pose to nose
rare with Torrlson of the La Follette slate,
At La Follette headquarters In Madlann
a solid delegation la claimed for the Wis
ronsin senator.
MADISON, Wla.. April 9.-Returne re
celved from the Eighth district at the La
Follette headquarters In this city Indicate
that George M. Payne, w ho is for Taft, ,1s
defeated and that a complete La Follette
delegation to the republican national con
ventlon Is elected frijm that district. Their
figures also Indicate that Theodor W
Braxeau In the Tenth district, also for
Taft, will be defeated.
READY FOR THE PAPER TRUST
Flajht Aaralast Combination Will Be
Taken I p la Conrt by Depart
ment of Jostle.
WASHINGTON. April 9.-Th house res.
olutlon Introduced by Speaker Cannon re.
queattng Information as to what step
have been taken to prosecute the paper
trust reached Attorney General Bonapart
today and were hy . him referred to Mr.
Purdy, assistant to the attorney gen-ral.
who haa been charged with the prepara
tlon of the reply to the house. It la under
stood that thia reply will show that the
Department of Justice already ha lak-n
tho Initial step to bring th paper truat
officials to trial on criminal charge And
that probably for that reason It will not
b possible to supply congress with much
detailed information, which might Jeopar
dise the success of the prosecution.
GROVER CLEVELAND IS BETTER
Marh Improved After Illness He
Has n Ire red the !.aa(
Week.
I. A K E WOOD, N. J., April t-Mrs. Grover
Cleveland, when asked todsy concerning a
report that Mr. Cleveland wa seriously ill,
sld:
"Mr Cleveland has been 111 during th
mat week, but 1 much better and hope In
a fw day to bo quit blmsolL"
SOIL SURVEY OF LANCASTER
Department of Atrlrnltare Completes
Work and Pnbllshr
Reanlt.
fFrom a Staff Correspondent.)
WASHINGTON. April 9-lSpeclal Tele
gram.) The Department of Agriculture has
Issued an interesting bulletin on the result
of the soil survey of Lancaster county, Ne
braska. This survey was started through
the persistent efforts of Senator Burkett,
commenced two years ago, and Is now
complete and In published form. The
pamphlet contain twenty-four, pages and a
map of Lancaster county.
Senator Burkett was todsy advised by
the Tostoffice deptrtment that two addi
tional clerks have been allowed on the
Lincoln and Kansas City railway postofflce
trains Nos. 41 and 42.
Water Is now ready on a portion of the
south- side canal north of the river, as
well as on the Inlet canal of the Belle
Fourche Irrigation project In South Dakota
for 12.000 acres of land. It 1 believed that
about 4.000 acre will be put In crops under
this portion of the Belle Fourche system
this year. Water will turned on this land
through the Inlet ditch, Johnson lateral,
and through the temporary canal that waa
built on Dry creek to conduct It to tho
south canal and there will be an ample
supply for all land that will be put In
crop,
Frank R. White, formerly of Lyons, Burt
county, Neb., now superintendent of schools
In the Philippines, Is In Washington to
consult with 1 lie Civil Service commission
to securing the services of some 2M
school teachers for the Islands. The Civil
Service commission. It la understood, say
they have an eligible list of more than
the number of teachers needed to teach
the youthful Filipinos.
R. E. Moore and wife of Lincoln are in
Washington and today were guests of Sen
ator Burkett at luncheon In the 1 senate
restaurant.
R. B. Morgan of Lincoln, secretary to
Senator Burkett, and bride arrived In
Washington last night and have an apart
ment at Martha Washington Inn on Capi
tol Hill. Owing to the pressure of busi
ness Mr. Morgan's wedding trip was cut
short and he wan at his desk this morn
ing In the senator's office In th cap'tol.
Senator and Mrs. Burkett tender Mr. and
Mrs. Morgan a reception tomorrow night.
Nellie Yates of David City,' Neb., has
been appointed stenographer in tho na
tional museum.
W. W. Brown of Waterloo, la., has been
appointed clerk at Panama.
Rural route No. 2 has been ordered es
tablished June 1 at Columbia, Brown
county. South Dakota, servling 800 peo
ple and 7 families.
SYMPOSIUM ON WATER WORKS
Attorney In tho Case Give Opinion
oa City' Position and Probable
End of the Matter.
Just what will be the final disposition
of the water work since the United State
court of appoala has decided that the ap
praisement of the property was Just I still
somewhat In doubt and opinions differ as
to whether the city has the right to appeal
still further or whether It la bound to buy
the waterwork at the price .which the
appraisers put upon the property and th
price at which it wa tendered to the
mayor and city council. There Is even a
worse possibility, namely, that the city
will have to pa? Interest on the sum from
the time the property was offered to the
city by the water work's attorneys,
whli-h was nearly a year ago.
Asked If the city will appeal from the
decision of the United States circuit court
of appeals, John L. Wester,' special at
torney for the city In the case, said: "I
have not decided yet Just what we shall do.
I will not know for ten days whether we
will or will not appeal.'
Carl C. Wright, also representing the
city of Omaha and the water board In the
case, said: "I do not think that we have
the right of appeal. .But we may get Into
the supreme rourt on a writ of certiorari.
But I do not know Just now what we shall
do."
R. 8. Hall, the principal attorney for the
Water company, said: "I cannot see that
the city ha anything left to do but to
settle. The Water company did not bring
on ' this fight. It was forced upon th
company and we have beaten the city
everywhere along the line. I cannot a?
where th city will gain anything by going
to the aupreme court. I have not seen th
complete decision, but my understanding
of It I about as stated In the telegram
from Clerk Jordan. I would Infer that the
city might have to pay Interest on the
amount of the appraisoment at 7 per cent
from the date that President Woodbury
and myself made the formal tender of the
property under appraisement to the mayor
and city water board. That wa on July
7. 1907."
WATERHOUSE TO FREMONT
Teadered Position a Moperln tendent
ad Sla-a a Three-Year
oatrart.
FREMONT. Neb.. April 9.-rSpeclal Tele
gram.) The Fremont School board held a
pedal meeting this morning and elected
Principal A. H.j Waterhouse of Omaha
superintendent of the. city schools for a
period of three years. at a salary of $2,500.
Mr. Waterhouso was present and signed
the contract. He will move here as soon
as the school year closes in Omaha, In
order to familiarize himself with the. local
needs and conditions. The board was
unanimous In his favor.
"We have lost a er ystrong man and
a ma n whom It will be hard to replace,
said George J). Rice, who was one of Mr.
Waterhuuee's strongest supporters on the
school board and who introduced the res
olution recently which was passed in
dorsing him. "When he wa re-elected
last TueHday evening at the hoard meet
ing that election was bona fide and waj
made with the expectation that he. would
accept the place for another year.'
BRYAN HAS TWO DAYS AT HOME
Krbraskaa Arrive la Lincoln aad
Will loon Take Extended
Eastern Trip.
LINCOLN, April S. -William J. Bryan ar
rived In the city this morning and will
spend two days at his home at Fulrvlew.
Then he win start on an extended eastern
trip.
PEORIA, III.. Ai-rll S.-William J. Bryan
has notified t'.ie Mni-.dan cljb of this city
Wiat tie' will reach Peoria next Tuesday,
where he will deliver a political speech at
the rally which lakes place at- the Coll
seuin. Inltatl(in were hurriedly Issued
to all prominent democrat of central Illi
nois to sttend and aeveral huve already
been accepted. The original plan waa that
Mr. Rran would be here April U, but as
h wa gMng through here Tuesday he
concluded to atop over and deliver hi
J-'- Uvat timn.
NEW LAW JS NEEDED
President Sends Special Message to
Congress on Anarchy.
HE COUTfSELS IMMEDIATE ACTIOS
Papera Advocating Arson and Murder
to Be Kept from Mails.
OPINION OF MR. BONAPARTE
Executive Transmits Discussion of
Legal Phases of Question.
FEDERAL STATUTE IS NECESSARI
Sedition Mori la ot .tlorr an
Offense Aaralnat lotted state,
bat Should Re Mod So
hy rnsgreit,
WASHINGTON. April 9.-In ono of the
shortest message which be ha yet
transmitted to congress. President Roose
velt todny called the attention of that body
to the necessity for further legislation,
the subject of anarchy. With th message
he transmitted a report reviewing In legal
phase of the question by Attorney Oen
ral Bonaparte.
The messaga of the president 1 a fol
lows: "To the Senate and House of Representa
I tlves:
"I herewith submit a letter from th De
partment of Justice which explain itself.
Under this opinion, I hold that existing
statute give to the president th powr
to prohibit the postmaster general fror.r
being used aa an Instrument In th com
mission of crime; that Is, to prohibit the
use of the mall for the advocacy of mur
der, arson and treason, and I shall act
upon such construction. L'nquestinnably,
however, there should be further legisla
tion by congresa In this matter,
"When compared with the suppression
of anarchy, every other question sinks Into
Insignificance. The anarchist Is the enemy
of humanity, the enemy of all mankind,
and hi Is a deeper degree of criminality
than any other. No Immigrant I allowed
to come to our shores If he ts an anar- .
chlst, and no paper published here or
abroad should be permitted circulation In
this country It it propagates anarchistic
opinions.
"THEODORE ROOSEVELT.
"The White House, April 9, 190S."
' Oa Anarchist Paper.
Besides hla direction to the postmaster
general to exclude from the tnall auch
publications as La Question Social, Pres
ident Roosevelt In hla letter ta Attorney
General Bonaparte, asking for an opinion
on the legal phases of the subject, say h
haa had the particular rase called to the
attention of the governor of New Jersey
by Secretary Root, that th governor may
proceed under the state law. .
Th opinion of th attorney general,
which the president transmit to eongrss,.
embrace a VHeetiasior of the whol . subject
from many legal angles. Hla first con-'
elusion I that the article in question,
which advocate th use of arm and dyna
mite in annihilating poltr and soldier
that anarchy may prevail. constitutes a
Vsedltlous libel" and Is "undoubtedly a
crime at common law." . He declare that
there I no federal statute which makes
such publications an offense against (he
I'nlted States and the federal courts ci. i- 1
sequently have no Jurisdiction In the mat
ter. That there Is full power In th pos
session of congress to make such publica
tion criminal, the attorney general asserts,
and quotes Chief Justice Fuller of th su
preme rourt, and Mr. Justice Field a
authority. , 1 -
The greater portion of his opinion Is
devoted to the question of whether lh
the absenr of any legislation by congress
the poatmaster general ha the right to ex
clude such publications.
RxelasloM. from Mall.
On thi point his conclusion la:
"The postmaster general will be justified
In excluding from tho malls any issue of
any periodical, otherwise entitled to the
privilege of second class mall matter,
which shall contain any article constituting
a seditious libel and counseling such crimes
as murder, arson, riot and treason."
In arriving at th latter conclusion, the
attorney general make a. clear distinction
with reference to the authority of the
postal officials over sealed and unsealed
mall matter. In , conveying letters ant
newspapers to person to whom they are
directed, he says, the United State "un
dertake the business of a messenger," H
add:
"In o far a It conveys sealed docu
ments, Its agents not only are not bdtlhd
to know, but are exjireaaly forbidden to
ascertain what the purport of such mes
sages may be; therefore, neither the gov
ernment nor It officer can b field either
legally or morally responsible for the na
ture of the lettera to which they thus. In
Intentional Ignorance, afford transporta
tion. But In the case of printed matter.
Intended for general circulation, and which,
by virtue of the statute above mentioned
and In conslderstlon of the reduced rat
at which It is transported, th officer of
the postorfice department have th legal
right to thoroughly inspect, It aeeml ob
vious, that neither of these officers, nor
the government which employ them, ran
escape responsibility for the consequence
If ,they knowingly transmit matter which
comes, and which they must know might
reasonably be expected to become a cause
of crime."
BULGARIANS SEEKING RELiEF
Former Foot Hall Player oa t a lea co
Eleven Calls Atteatloa t
V Hi toantrymen.
CHICAGO, April . A foot ball player of
I th University of Chicago Is chief of th
hungry Bulgarians who marched on the
i city hall here yesterday.
Investigation reveals that Ivan Dooeff, a
graduate of the university, I th Instigator
of the plar to march on th city hall.
Doeeff, who Is a Bulgarian and laat year
played left tackle on the Chicago foot
ball eleven, aays he sent Hi mob to the
city hall In order to "call publlo atteation
to the distressing condition of hi country
men." Doseff said irresponsible Bulgarian "em
ployment agents' and ateamshlp ticket
agents are responsible for bringing th
men over from the old country. More than
W per rent of the men have wives and
children dependent upon them in Bulgaria.
Several of them mortaaced their small'
properties to get money for their passage.
Doseff said he will visit th Immigration
officer today to ae if torn of th men
ran b sent back to their nemos ta Bui-carta.