Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 10, 1908, Image 1
Fhe Omaha Daily Bee YOU XXXVII NO. 233. OMAILA, FRIDAY MORNING, AtRIL 10, 1908 TEN PAGES. SINGLE COPY TWO CENTS. t tit I- 4 r 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.