Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 05, 1908, Image 1
he Omaha ' Daily Bee VOL. XXXVI 1 NO. 270. OMAHA. TUESDAY MORNING, MAY 100-TWELVE PACES. SINGLE COPY TWO CENTS. PRIST BROWN'S BRIEF Senate Recognizes Value of Argument on Tax Injunction Bill. PLEA F0.1 LEGAL UNIFORMITY Federal Taxes Cannot Be Enjoined in the Federal Courts. COLLECTION VITAL TO NATION Just as Important to State that Levies . Be Collected Promptly. SENATORS COMPLIMENT BROWN Washington Crowded wltk Delegates ta Mclhadlst Cnafereae aad eteral ehraskaas Art Antil Thn. a gtuff Correspondent.) . o.". Msy . (Special Tele .. Hire vti Judiciary of the (.tali.. I- senate has uucud printed a brief prejiared tiv Senator Nmi'ia lirown In support of his amendment to the federal statutes, designed to prohibit the enjoining of an assessment r the collection of atate taxes and baa re ferred it to a sut-commltte consisting of Fulton of Oregon. Nelaon of .Minnesota and Clarke, of Arkanaaa. By hia amendment, whlrh he Introduced early In the session, Senator Brown sought to have the nine rule applied to state, county, municipal and district taxes aa baa been applied to fedi eral taxes under tha federal atatutea. In concluding his brief. Senator Brown eald: "The asaeasment and collection of fed' eral taxes under the preaent law cannot be enjoined In the federal courts. There la no reason why the aame rule ahould not govern tn federal courts as to the assess- ment and collection of state taxes. Con ' gress has the power, which Is established by both legislative and Judicial precedent, to withhold the Injunction remedy when ever It may determine the public good re quires. Equity and good conscience, aa well as public good, suggests that'tbe rule I- uniform aa to all taxes. No reason has or can be given for a rule which forbids an Injunction aa to federal taxes and al lows it as to other taxes. It will be re-ii-.nilHTed that adequate remedlea at law mv provided in all atates and territories for wrongs existing on account of illegal and Invalid assessments." Senator Brown argued that the "summary collection of taxes Is necessary to the life of the government, state as well as fed ctal; boards of equalisation and assessment urt Judicially and their Judgments should not t subject to collateral attack In courts ,of equity; It Is within the power of eon fia to fix the Jurisdiction of federal dls tiict and circuit courts." Important to State aad !fatla. After atatlng the rule of the supreme court aa laid down by Mr. Justice Miller in railroad tax case "that taxes are neces sary te the life of the nation and therefore fim la of -aaaity wilt -not Interfere wtth- their collection." Senator Brown argues In Bupport of his first contention that the collection of taxes are Just as Important to state governments and should be Just as untrammeled by eaurtg of equity. He chows that this principle la recognised by the equity courts of nearly every state In the union, while many statea by express statutes prohibit the granting of Injunctions against the assess stent and collection of taxes. Numeroua decisions of state courts In support of this rule are quoted In Mr, Brown's brief and a,uottlona are taken from text waiters to substantiate his argil ment. Senator Brown iumrnarlsed the authorities quoted by him as followa: "1. Asaeesors and boards of equaliza tion act judicially. . - Their Judgments are not aubject to collateral attack; in courts of equity, ex cept for fraud or want of jurladictlon. t "3. They are vested b- law with the duty and power to ascertain and deterihln questions of fart, and such decision when made amounts to more than a mere pre sumption that tue fact exists, and there tore cannot be overthrown tn a collateral attack by cVklenc tending to ahow that the fact was otherwise than found and Ue termlned by them." It la the purpose of th" Brown amend ment to give the same vitality to those rules of equity In relation to state taxes that la now . given them by exiatlng law la relation to federal taxea. In support of hla third argument. Sen nlor Brown tiuoted legislative and Judicial precedents. Which.' he declared, wore con clusive that congress had full power, he ilolarfd. to regulate tills use of Injunction l.y the federal district and clrculj courts S. m lor Brown has been highly compli- r.ented by members Of the Judiciary com mute for th labor he haa given to the preparation of hia brief and the research shown in support of hia bill wtii-h ia not n!y of great Intereat to the people of Nc l.i .! a. but to every state. Minor Matters at Capital. Washington it crowded today with tep resent at I vea of the Methodist church who are enroute to Baltimore to attend th? gen eral cohterence of that great body of Mt'.i workers which convenes tomorrow! In trto monumental city. I;ev. Mr. Bahii of-l-incoln preached a nimiili Inst rght at the Kottndry Metho dist church, being the gueat of Senator and Mrs. Burkett. .at whose church the Bmketts worship when at home.. Rev. J. K. Geddes of Wealeyan univer sity. Lincoln, was the gueat of Congress man filnahaw today at luncheon In the. teptlol. Rural free delivery route No. S haa been entered ataDllfched July 1 at Brit tun. Mar shall county. South Dakota, serving St people and seventy-eight families. ELEVEN MEN ARE DROWNED ftleaaaer Mlaale Shellam ia Wrecked Off Newport. Ortv Krl day Mitt. NEWPORT, Ore.. May 4 -Durlng a storm Friday night off the coast, tha steamer Minnie Bkelton shifted and atralned and sprung a leak. Saturday noon a huge wave struck the ressel and washed Us deck load and. cabin overboard, leaving the vessel waterlogged and unmanageably Eleven of th crew re drowned, som whll trying to launch a boat. Four on a raft tried to get ashore, but only on auccaeded. atul h sustained a broken leg. The llfeaavlng crew of tbts place took nine men off the vessel and landed tbem on the shore about fifteen aiUas north of here. Th Minnie Bkelton waa bound from Aberdeen to 8an Frajtclsco loaded with lumber. In command , of Captain Jamea McKcnna. Th last seen of the vessel It waa picked up by another ckooA going avorU SUMMARY OF TOE BEE Taeaday, Mar S, lOOf. S190S vVAyz 1908 sn' ,voy nz, ta nrc' &j ar " 1 2 3 4 5 6 Z 8 0 W 11 12 IS 14 15 16 1Z 18 19 2Q 21 22 23 to 25 20 2Z 28 29 SO DOMXBTTO. House leaders have agreed to an amend ment to the currency commission bl.l that will permit Issue of emergency notes. It will be considered at the conference of house republicans tonight. Pag 1 Senate orders printed Senator Brown's brief on bill to prohibit federal courts enjoining the collection of Mate taxes. Page 1 w ha been released from nd confined In the county hess county pending settle application for a writ of IT- Mai 2. 5 Jall men ha be. Par 1 s supreme court holds the , diverted stock shipments Unl railrof from City fl h because of the Kansas C '. not liable for the loss that resultet Mae Page 1 - te will come up for trial Vji n early date. Page 1 id Is steadily recovering In New G rover at the Li iod hotel. Page 1 Stockholders of the t'nion Pacific road will today be asked to authorise another 1100,000,000 of bonds for Improvements. Par 1 Rains are general over the southwestern states, Nebraska re-e!vlng a generous wetting down, with snow In the western part and In Wyoming Pag 3 New Jersey republicans and Ohio demo crat! will hold their state convention to day. Page X Department of Justice IS making an ar rangement for a test of the commodities clause of the railroad act. Pag 1 rouiot. Amnesty for ail conspirators of Portu gal Is decided upon as tne only way for the government to get out of its predica ment following the assassination of King Carlos. Pag 1 Revolt In India when discovered was al most at the point of revolution. -Page 1 Powers of the Colonial trust are not limited by the English court. Pag 1 Prince Zu Eulenburg Is accused of giv ing false testimony in the Harden trial. Pag- X Commissioners of Kearney county offer a reward of $1,600 for the arrest of Bert Taylor. Page a State board permits Kearney Telephone corripany ' to increase rates, but lias not yet passed on' consolidation of companies. State Board of Assessment meets and adjourns for want of a quorum. Pag 3 LOCAL- County of Douglas and city of Omaha rote today on court house bond proposi tion, while the city votes on paving and park imp-overoent bonds'. Page X .Rain of the last thirty-six hour has probably been worth ti. 600,000 to the winter wheat crop of Nebraska, which has been damaged by long spell of dry spring weather. Page 3 Judge Sear charges grand Jury to get to work on special evil charges, and that something must be done to keep the blot from the residence districts. Pag 4 Mayor Dahlman could nut find a hear to kill or buy one already killed to bring back to Omaha during- all of his two weeks' hunt In the mountains of Wyoming and Montana. Pag 4 D. H. Tolman, Omaha loan agent, has trouble In his office;at Kansas City, where girl clerk Is arrested for usury when constables fall to locate the proprietor. Page 8 Some light has been thrown on the Dr. Jennie Colfasv case and It may all be explained when the board of managers of the Woodmen Circle meets' next week and goes into the affairs of all officers. Pag 4 COXafEBCIAJX, AWD UTDUSTXIAI. Live stock markets. ' Pg Grain markets. Fag's s Stocks and bends. Pag t MOTEXEIII OP OCEAJT TZAJI8ZIP, Fort. Arrived. NBW YORK Armntlnc... UfKKN8TIWN...Blrurt 8lt'THAMPTON..6c. Louts... IMlVKR . MONTHRAL Olt HIIKTKKAL I'oniilhMa.. Montreal, virmnnn. .. VIIEBVC Lk Krl... Sailed. .Maureunla. .(...VaderUnt. ralcaa. BY W1RELK83. At Sable Island Steamer Finland, from Antwerp for New York, waa reported yi miles east of Sandy Mont at L.SO a. m.; will dock at 7:30 a. m. Tuesday. Steamer Minneapolis, from London for New York, waa reporteO ball miles east of 8dn.lv Hook at noon: will dock at 7:30 a. m. Tuesday. At Browhead Steamer Vainer 11 helm III, from New York for Plymouth, Cher bourg and Bremen, waa 212 milea east at 5:60 p. in.: will reach Plymouth at noon Monday. Steamer Minnehaha, from New York (or London, waa 1.10 miles southwest at !:!. m. : will reach London early Tues day morning. At The Lixard Steamer Zeebiad, from New York for Dover and Antwerp, waa i miles west at IV:20 a. m.; will reach Dover at :3o p. in. Monday. SOLDIER TO HELP ANARCHIST Detectives Flad Mia What fledged t - Asalat Km ma Uoldauaa la Her Work. f AN FRANCISCO, May 4 -In the Fort Mascn guard house Private Bulwada of Conpany A, first battalion of engineers, las been Identified as th soldier who shook hands with Kir. ma Goldman at a mieting of anarchists and pledged- her his assistance. The identification was made by detectives of the police force ind ha was placed ui.der arrest. Bulwada will be brought be fore a court-martial. TEST OF BUCKET SHOP LAW Percy Wade af Washlaataa Heateaced t Maath la Jail I ader ,-w Act. WASHINGTON. May 4.-Pcrcy Wade, recently convicted of violating the gam bling laws of the district of Columbia by conducting a "bucket shop," was today sentenced by Justice Barnard In criminal court to serve thirty days tn JL. Mi. Wade took an appeal and waa releaaed on $j0 bail. Wade s case was regarded as a test under the district code. Kstresalal Last la Eraser, PARIS. May 4.-The radical and the radical socialist parties were heavy gainers throughout Franc la th municipal elec tions held yesterday. They made their ad vances at tb expense of th extreme Socialists and th reactionary nationalists; th latter in Farl alone lost 4S,0U votes. AMNESTY IS ONLY WAY OUT GoTernment of Portugal Will Pardon Xoit of Conspirators. OPPOSITION TO GET IN CABINET Dr. Joa D Almoin Makes Deal with 'ciorerasaeat 7 Which ' Hla Follower Arc to Get ' Recount! io. LISBON. May 4 The government has completed Its Investigation Into the plot that led to the assassination last February of King Carlos and the cr6wn prince of Portugal, but It would appear that th? consplrary has so many ramlflcatlonsand that so many person of position are either suspected and Implicated that It ha been decided not to bring prosecutions. Never theless. In order to keep tip appearances King Msnuel. when he takes hls'oath of office, will grant a general political am nesty. This, however, will only cover of fenses up to January 30; the assassination occurred February 1. Although King Manuel has expressed his willingness to repay to the treasury the money advanced to the latj King Car Ins the cabinet, on account of the present condition of the finances of the royal household, has decided to aak Parliament to cancel these debts. Dr. Jose de Alpoim, chief of the progres sive dissidents, who has been a thorn In the sldn of the monarchy. Is believed to have made a deal with the gOTernment by which one of his followere will enter th cabinet at the earliest opportunity. The lieutenant governor of Lisbon has Issued orders that all arms in the pos session of private parties be surrendered Immediately. After May S any person hav ing arms In his possession without th proper permission will be severely pun ished. POWERS OF COLONIAL TRUST English t'oart Refaaea to Place Lim itation ion Endeavor of Orgaalaatloa. LONDON. May. 4. A petition of the Jewish Colonial trust psking power from the court to restrict Its operations ta Palestine waa dismissed this morning by the court of chancery. The trust has a capital of :.000,COO. which haa been sub scribed with the object of promoting th welfare of the Jewish race In all parts of the world. The managers of the trust, who were supported by a considerable section of the stockholders, contended that the colonisation of Palestine nd neighboring territory was the "great Ideal of Zionism and the only object worth entertaining." Israel Zangwlll and other dissidents bit terly opposed the proposed scheme of limitation. "It would mean.' Mr. Zangwlll declared to the court, "altting down Idle before the closed gates of Zlon," the prom ised land. The promised land, he declared was not at present obtatnble, and the proposed re striftlon would prevent th trust from ameliorating tb condition of persecuted Jews tn many parts of the world. ' Justice Eve In dismissing the petition, took Mr. Zangwlll s view. '.He said that If h sanctioned the suggested alteration k. a-Aiitrf jtr.fn llttldi to tmnrove the con dition of an oppreaaed and great people outside of Palestine. GERMAN PRINCE FACES CHARGE Ea Kaleabars; Aeeased of Giving False Testimony la Harden Prosecattoa. BERLIN. May 4. Members of the crim inal polfce force, acordlng to the Tageblatt have picketed arourjd the castle at Lleben berg of Prince Phillip Zu Eulenburg as a precaution against the prince leaving the country during the preliminary investiga tion by the crown prosecutor of the allega tion that the prince gave false testimony during the recent Harden trial in Berlin, when charges of a aerloua nature were brought against several prominent German oflctala. That the prosecutor took up the investi gation .at all la being referred . t by the newspapers aa a serious matter. Prince Zu Eulenburg. who Uvea 1 almost feudal style, Is ill of neutrltls. Physicians delegated by the government to examine him af firm that he la unable to travel, yet a dosen plain clothea officers watch the exits of the castle grounds day and night. Prince Zu Eulenburg received a Judicial commission, during Its recent visit to his bedstde, with the utmost cour tesy. He offered the commlssloln the fullest facilities for Its Investigation and replied to ta questions clearly and without hesltav tlon. SERIOUS CONDITION IN INDIA Government Believe It Fares Deen Laid Plat far Herniation Maay Involved. CALCTL'TTA, May 4. The police are In vestigating th native plot revealed here yesterday to murdei Europeans by means of bombs, and the more they -go into the matter the more sertpus and widespread does the corplracy appear. Documents seised at the house where bomb and ex plosives were being manufactured reveal that It was part of the plot to kill Lord Kitchener, commander-in-chief of the British force in India, and other high offi cials. The authorities believe they are facing an attempt at revolution. A number of prom inent Bengalese are Implicated and sensa tional arreats ara expected to follow. NEW COUNT SYSTEM OPPOSED Plaa at Belgian at International Telegraphers Cenferene Aat Liked la America. LISBON, May 4. The International Tele graphic conference was opened in this city today. Belgium Intends to propose an Im portant modification of the present system of counting words whereby tbe existing distinctions regarding plain, conventional and code language la to be abolished and a uniform word of five letters or five fig ure substituted. This proposition already haa met with strenuous opposition from the commercial interests of Great Britain and America. EVANS' LAST DAY AT SPRINGS Caatmaader af Atlantic Flet Feels Able to Take I p Dalle Again. PABO ROBLKS. Cal.. May 4.-Today Is th last of Rear Admiral Evana stay at th Paso Roble Hot Springs. The private car In which ha is to make th trip to Monterey arrived at Paso Robles this morning-. Tb admiral feels remarkably well. HOW TO VOTE 0!l OO.'iD PROPOSITIONS QUESTION 1 nail the eonnty ef Doagla lssn g 1.000,000 bond to rct now court house and Jail - S....IH1 no....I YE QUESTION 2 hall th city of Omaha Issue S50.000 bond for paving street inter sections? ' YEO....IE1 KO....U QUESTION 3 hall the city of Omaha tssne $40,000 bonds for Improving parks and boulevards T YES.... HI no..O SPECIAL ELECTION ' TUESDAY, MAY 5 rolls ope g a.' nx. to p, m. THAW IS 0UT0F MATTEAWAN Will Be Held In Dilrkeu Connty Jail I "til III Case Is Settled. POI'GHNEEPSIE. N. T.. May 4.-Tem-porsrlly. at least. Harry K. Thaw ia out of the Matieawan hospital for the criminal Inaane. As a result of today's proceedings on the writ of habeas corpus brought In an effort to have him declared sane, he will remain In the Dutohess county Jail until the final decision on the writ la handed down. The formal hearing In the case will come before the supreme court here next Monday. , The adjournment waa taken upon the re quest of a representative of the district attorney of N.w York county to give Dis trict Attorney Jerome an opportunity to ap pear In person to orpose Thaw's release rom the ssylum. In th meantime Thaw will remain in the Dutchess county Jail here Instead of being returned to Matteawan. Thaw appeared to 'be In excellent health today, having gained fully twenty pounda In weight since his transfer to the asylum from the Tombs. One of the interesting features of today's proceedings was an announcement that Evelyn Nesblt Thaw, although she has brought suit for annulment of her marriage, will appear f necessary as a witness In her husband's behalf.. MORE UNION PACIFIC BONDS E. . flarrlnian W.JJ tockhld ers ta Aatharlae Haa !- .Mil lion Mere. i . NEW TORK. May 4.-E. H. Harrlman announced today the stockholders of the Union Pacific Railroad company will be asked at their meeting at Rait I,ake City tomorrow to uthorle an Issue of $100,W0,. 000 of bonds. He raid that SSO.Ono.000 of this amount will b reserved for Issue under strictly guarded provisions for construction and acquisition of new lines and additions. Mr. Harr (man's statement follows: The financial requirements of the I'nlon raclfle have been much exaggerated. The maximum amount needed at this time to put the company in funds does not exceed Lfi.toc.flOft. hut w sunt to resume devel opment and put our people to work. In no event, however, will over XnH.nrio.uiii of the bonds be issued aarainst the properties now 'nod. nil tne stockholders will be asked at their meelng tomorrow to authorize an issue .of lirm.nw.ono nf hinds, at least JSo.- (,i,(mi of the amount mill l reserved for Issue under .strictly guarded provisions only for the construction or aquisition of new linea and for additions. Instead of mortEaelng new llnea as constructed or acquired, and thus having separate mort gagee on dirrerenet divisions, it Is deemed best to provide in one mortpnge for future extensions and new lines. The meeting Is a preliminary step to put ttie company In position to take advantage of the favor- abl opportunities to raise additional cap ital 10 ine iiesi aovanidKe. RAILROADS ARE NOT LIABLE Valtrd Stales laprrne Conrt Decide th Kansas Illy Flood Litigation. WASHINGTON. May 4.-The cases of th Empire State Cattle company and the Min nesota and Da It ota Cattle company against the Atchison. Topeka & Santa Fe Railway company, involving 'clalma for losses on cattle during the floods In Kansaa In 1903, were decided by the supreme court of the United States today In favor of the rail road. The claim of the Empire company was bssed upon the loss of 778 cattle ship ped from Texas snd that of the Minnesota company on the loss of 1.C35 head shipped from New Mexico, both shipments being to South Dakota. The overflow of the rail road tracks along the Kaw river made a diversion of the rattle neceasary and it waa claimed that their loss waa due to neglect. Both caaea originated In the United Statea district court for the atate of Kansas, where the finding waa favorable to the rail road company. The court of appeaia for the "Eighth circuit affirmed that verdict and It was sustained by today's decision. The opinion waa announced by Justice Whit-. SLOW . ROADS SUFFER FINES Penalties I in posed far I'allare -MaLe Time In Twenty-Eight-Hour la. to CHICAGO. May 4. In 'ninety-five cases brought by the goverrneat against six railroad companies, charging violation of the S-hour law for the transportation of cattle. Judge Land, In the I'nlted States district court today Imposed fine aggrega ting 113.150. The railroads fined were aa follows: Rock Island, 46 caaea, fined S6.550; North western. 2 counts. 3.; Illinois Central, counts, I1.M0; St. Paul, 7 counts. I'jOO. Bants Fe, ( cases, SToi); Burlli-gton. T counts, 1J00. Tbe majority of the fines were Imposed on pleas of guilty, but In all cases the Chicago Northwestern pWded not guilty. At the afternoon session of court Judje Landia fined the Northwestern Railroad V and coats for a violation of the safety appliance law. A motion for a new trial In a raae brought against the Michigan Central, on a .similar charge was taktn under advisement and action on a de murrer filed by the Milwaukee company In another caa was deferred. SPECIAL BONDS ELECTION County and City Will Vote on Million for New Court House. CITY 05 STREETS AND PARKS rails Open at Eight O'clock la th Morning aad Close at Six la the Evening at Every Precinct. Vital Points af Election Today County and city Tots on proposition to Issu 91,000,000 bonds for retlon of nw conrt nous. City votes on proposition to issue $50, 000 bond for paving street Intersections and $50,000 for Improving parks and boulevards. Foils In all precincts open from 8 a. m. to p. an. With three Important bond propositions to be voted on the, special election to be held over the county today Is expected to excite, more than ordinary Intereat, and If the weather Is favorable It Is predicted a good, vote will be cast. The proposition of Issuing S1.0C0.0W county bonds for the new court house is the prin cipal question to be decided and Is the only one that will be voted on In the coun try districts. The proposition has been en dorsed by a large number of organisations and this. It is believed, will draw out a large vote." , Deputy County Clerk Dewey has had Jittle trouble with the election hoards and few vacancies have had to be filled. The board member apparently are glad to serve and the ticicet la small and the count will be quickly accomplished. The few vacan cies that have appeared will be filled at the polls. Supplies for ths city election were dis tributed to the country precincts Monday afternoon and will be taken to the city polling places Tuesday morning. Improvement If Band tarry. In tke event Intersection bonds carry Tuesday, paving acheduled for this year can be done, otherwise much work In out lying districts will have to be passed until another season on 'account of Insufficient funds In the treasury. As stated on the Uallot, the bonds are for the purpose of raising money to be used during the cur rent year "for the purpose of paying the cost of paving, lepavlng or macadamising the intersections of streets, and spaces opposite alleys and In front of property not subject to assessment of special taxes for public Impioveineats, said bonds to run twenty' years from date thereafter and to bear intereat payable semi-annually at a rate not to exceed 6 per cent per annum." The park bonds. In the sum of 3,000, are to run twenty years snd. as expressly stated on the ballot, are "to be used for no other purpose than paying for and improv ing lands, lots or grounds purchased or appropriated for parks, parkways or boule. vards." Qaeatloa af Park Bonds. The question of voting park bonds ap peared on the" ballots at the last election, but the proposition was lost, mslnly through the people misunderstanding the issue, as members of the hoard believed. To acquaint the people . with the true reasons of the proposed Issue the board this year states erapiaatically that it the hoods carry the money so raised "will be used by the board exclusively In paying for pavements on Intersections of streets and boulevards and Improvements on property adjacent to our parks and boulevards," adding tltat 'no rsrt of said fund will he used for the purpose of paying for any lands which may be hereafter acquired as an adill.lon to the park and boulevard sys tem of Omshs." As this Is asneclal election, the saloons will not be closed. T'.i'e statutes require the closing of saloons on days of general elections, but special elections do not come under Its provisions. Special Policemen. Fifty-four special policemen have been sworn in for duty at the polls. They wens ordered to report to the county clerk at 6 a. m. to receive the ballot boxes, take them to tiie several polling place and re main cn duty there until the close of the polls. MEMBERS WILL VISIT MILLS Hoate Paper ( era m It tee to Get Mom Evidence nt First Il-nd. WASHINGTON. May 4.-Preceding the continuation of the examination of John Norris, representing the American News paper Publishers' association, the house select committee to investigate the question of wood pulp and print paper today was in executive sessirlti formulating a long list of questions regarding the wood pulp and news print paper Industries, upon which governmental ststlstlcsl data Is desired. The committee also discussed th advisa bility of visiting several paper mills snd conducting hearings on the spot. A tenta tive understanding waa reported that the committee leave here Friday afternoon for an Inspection of the Hudson river mill at Palmer's Falls, N. V., and possibly one or two others. Upon resuming his testimony Mr. Norris submitted ITS telegrams from publishers, replying to a query by Mr. Bidder last Sat urday, giving Information regarding their paper contracts. He slso submitted a list of forty-one publishers who have signified their willingness to come to Washington and testify. WOOD CASE COMES UP SOON Trial af Wratera Womaa's Salt Against benntor from New , Ysrk la Bet. NEW YORK. May 4. -The case of Mae C. Wood, who clalma that she was married to Senator Thomas C. Piatt tn this city November , lM, and who ia suing th senator for an abaolute divorce, naming his presert wife, Lillian Janeway liatt, aa correspondent, was on the calendar tn the supreme court today. It Is not likely, however, thst It will be reached before the latter part of the week. In his answer to the complaint, the sena tor denies there ever was any marriage contracted between them, and In an affi davit submitted to the court declarea Miss Wood has tried to extort money from hlin for years by various devices. CLEVELAND STEADILY GAINS Farmer Presldeat Rapidly Recover ing fram Ills Attack af Digestive Traabla al Lake wood. LAKE WOOD, N. J.. May 4 -Former President Grover Cleveland continues! steadily to recover from sn attack of di gestive trouble which has prevented him from returning to his Princeton home. AU reports from the Ikewood hotel today wer to the effect that he continues to Improve and that his condition, U nut alarming. JOHNSON OUT FOR BIG GAME Minnesota Maa Wants Presidential domination ae Mothlna; at All. aanaanaansan. WASHINGTON. May 4.-Rumors of com binations with the end In view of nominat ing ' Governor Johnson of Minnesota for vice-president on th democratic ticket were denied today at the Johnson headquarters In this city, where the following statement was given out: Governor Johnson Is In the race for the freshiential nomination. If hv anv chance le fails to get the presidential nomination, he will not under anv clrcumstsncea ac cept the vice-presidential nomination. ST. PAUL, Minn., May 4-When the statement frorri the Johnson headquarters In Washington was read to Governor John son today, he said: I am not entering Into anv combination whatsoever for the nomination for the presidency or vice presidency, and I will ssy that I am not a candidate for the dem oerallc nomination frr the presidency ex cept under the conditions that I hare al ready set rorth in a statement published some time sgo. SEW JERSEY COVETriO TODAY Republicans Likely ta Favor Taft's ' Caadldacy. TRENTONM N. J., May 4.-The state convention of the New Jersey republicans for the selection of delegatea to the na tional convention will be held In this city tomorrow-. An effort wll be made by the supporters of Secreary Taft to have the convention adopt resolutions which, while not pledging the delegation to him, will. In a qualified way, advocate his nomina tion. The indications are that the dele gstes-at-large will be Governor Fort, Sen ators Kean and Rrigaa and David Balrd. Governor Fort is the only one of the quar tet who is an avowed Taft man. Former United States Senator John F. Dryden will be the chairman of tomorow's con vention. He la an active Taft supporter. It is uncertain whether the convotlnn will adopt a qualified resolution in favor of Secretary Taft. but present Indications point to at least one-third if not one-half of the twenty-four delegates from New Jer sey favoring him. One thing Is practically certain, and that Is that no Unit rule will be adopted, ao that Secretary' Taft will get the benefit of all the votes In the New Jersey delegation that favor his nomina tion. JOHM0 EXPECT TO Wl OUT Mayar of Cleveland Will Hnve Fight aa Hands Nevertheless. COLUMBUS. O.. May4.-Dolegates to the democratic state convention which con venes here tomorrow night ore sfaggling lno the t ity. The) most ' prominent men on the grottmi thus far are Mayor Tom L. Johnson of Cleveland, his lieutenants, Charles P. Salem and Al Atlee Pomcrene of Canton, the Johnson candidate for gov ernor. . Mayor Johnson says all he wants him self is to be national committeeman. There la no doubt that Wlllam J. Bryan will be endorsed and that the dclcgates-at-large will be instructed for him. W. L. Finley. state oil Inspector, who Is f fighting Mayor Johnson with bltterne. said today that the Cleveland mayor will be defeated at every point and that Judaon Harmon of Cincinnati willbe nominated for governor oa th first ballot and that probably Johnson, seeing defeat and rout staring him in tbe face, will withdraw Pouierene. HEADQUARTERS OPEN MONDAY Chairman New of Repnbllcaa Com mittee Will Remain nt Chicago from That Date. WASHINGTON, May 4. Chairman Harry 8. .New of the republican national com mittee took up today with Senator Elmer Dover of the committee, the details of re moving the headquarters of the committee from Washington to Chicago. The Chicago headquarters will be ojcned next Monday. Chairman New himself will be in Chicago and expects to remain in Chicago until after the national convention shall have concluded Its labors. TEST Or COMMODITIES' CLAUSE Department af Jostle Taking Steps ta File Salt. i WASHINGTON, Msy 4. It wss stated at the department, of Justice today that ar rangement were well under way for a tei,t case of the "commodltle clause" of the Hepburn art to be made unless a ma terial change takes place In the situation as a result of legislation or other circum stances. The railroads which are most Interested In the matter have shown, according to statements In the department, a hearty sympathy with the purpose of the attorney general and have been thoroughly In ac cord with the representatives of the de-, partmrnt In tt prellminariea for such a test case. EFFORT TO) PISH HARRIMA CASH Motion Made la Sapreme C'oart to Bring Early Hearing. WASHINGTON. May 4 In the supreme court of the United States today a motion was made la behalf of the Interstate Commerce commission to advance on the docket the cross appeals of the commission and Edward H. Harriman and Otto H. Kahn. the latter of the New York hank ing firm of Kuhn, Loeb Co., In the rases In which Hsrrlman and Kahn refused to answer certain questions propounded oy the commission In 1X In connection witn Its Inquiry Into tbe , alleged consolidation and combination of raHroads subject to the Interstate commerce law. MANY PEASANTSMEET DEATH Ferry Boat Capalae Near BrkheaT aad Mea had Wamra Drawn. ST. PETERSBURG, May 4.-A ferry boat on the river Dnelper rapslxed yesterday near Bykhoff. in the government of Molil leff. and 129 persons 'were drowned as a result. .The boat waa filled with peasanla and their wives and children . returning from church. It was overcrowded and be came unmanageable in midstream. Th passenger got Into a state of panic and overturned the boat by crowding to on aide. BER TAYLOR MAY BE ARRESTED Maa inspected1 af Belast th Mladea Criminal la I'nstady -at toller, Kaa. COLBY, Kan.. May 4- (Special tele gram.) A man who ia thought to be Hi rt Taylor, wanted at Minden for ansa J it on lua sister-in-:aws, was arrested here today. The Minden uj:horttle have been notified and paMVs ate on way to Identify the saH-(t. but they cannot reach here before tomorrow. The man under arreat here answers th description sent out ot the much wauled man. CAUCUS TO DECIDE Conference of House Republicans to v Discuss Currency Bill. AMENDMENT TO COMiUSSION BELL Probability that Compromise by Mr, Payne Will Be Adopted. WEEK'S DEBATE IS SUGGESTED Speaker Cannon Thinks Members Will Not Want to Stay. VREELAND BILL IS TABLED torn raittee an Ranking and Carreney Refasea ta Consider II Far ther by a Vat of IS to S. WASHINGTON. May (.Notwithstanding the fact thit the committee on banking and currency today voted to table the new Vreeland financial bill, the Impression pre vails among members that some measure will be adopted at the conference of repub lican members of the house to he held to morrow night. Tha vote In the committee by which the Vreeland bill was tablrd was 13 to 3. Messrs. Weeks, Burton and McKin ney voting for the negative. The committee adopted 'a resolution of fered by Mr. Waldo N. Y.) requesting that suitable time be given, a week If possible, for the discussion In the house of all pend ing currency measures. Chairman Fowler was authorised to lay . this request befor Speaker Cannon. During the afternoon strong efforts were made to rrach a compromise on the finan cial question and the proposition advocated some time ago by Republican Floor Leader Payne was taken up by Chairman Fowler ard other members of the committee aa the basis for an agreement. This proposition allows any national banking association which has circulating notes outstanding se cured by deposit of United 8tstes bonds to an amount equal to ite capital stock, usually paid In, to tal;e out additional circulation upon depositing I'nlted Statea bonds or certificates ot Indebtedness authorised dur ing the Spanish-American war. The propo sition was acceptable to some of the house leadera and also to members of the bank ing and currency committees. Conference Will Decide. It was at first thought by offering this as an amendment to the Fowler currency bill, the conference which has been called for tomorrow night could be obviated. When the plan was laid before Speaker Cannon, together with the request of the committee for a week's debate, he Informed Chairman' Fowler that he had no authority eljher to call off the conference or to grant the time for debace asVed for. lis stated' that more than a sufficient number of rep resentatives have signed, the call for tha conference and Uiat.il was for tit con ferrnce ta determine what meAsur debate should continue upon. He gave It hia opinion that members would not care to stay here an additional week listening to the financial discussion. When the decision of the speaker became known members of the banking committee held numerous conferences and It was de cided that the Payre proposition as an addenda to the currency commission bill should be offered at the conference of republican mojnbers tomorrow night. SOME HOPE NOW FOR SEW LAW Congressmen Confer with President Roosevelt Over Legislation. WASHINGTON, May 4. Representatives Watson and Alexander of New York had a long conference today with the president concerning the legislative program for the remainder of thla session of congress. The president Is heartily In favor of the enact ment of an antl-lnjunclion law and. the amendment of the Sherman anti-trust law. Mr. Alexander's presence at the conference 'was due to the fact that he haa prepared a bill making the government liable for In juries to Its employes while In th service and he wanted to confer with th president about this before pressing It In the house judiciary committee, of which he Is a mem ber. Mr. Watson, who waa some time ago sanguine of an adjournment by May IS. says he Is now doubtful as to the date. He told the president that the house Judiciary committee gave some signs ot agreement on an anil-ir.junctlon law, but as to amend ing the Sherman anti-trust law, h could . give the president no assurance. Mr. Wat son was confident that some of the other measures' favored by the president. Includ ing a child labor law for the District of Columbia, would become lawa. PROCEEDINGS OF THE EATB Mr. Ralkelry Speaks far Fear Hoar oa Brownsville AsTray. WASHINGTON, May 4. Senator Durk eley of Connecticut, a member of the mili tary affairs committee spoke at length in the senate today on the Brownsville affray. Mr. Burkeley declared hla belief In the Innocence of the negro soldiers of tha twenty-fifth regiment snd said the rioters In the town on th enlght of August 13-11, ISM?. In his judgment were lawless Mexicans mini outsiue me iown aasisiea my mc lawless class within Brownsville. Mr. Burkeley spoke over four hours, his re marks Including a review of all tell testi mony that has been taken in the rase. The senate today passed the house reso lution appropriating U&o.fuO to relieve tha recent tornado sufferers In Alabama, Georgia, Mississippi and Louisiana. At 1:47 p. m . the senate adjourned. PROCEEDINGS OF THE Hot 8K I ""! emn in wmmmrr . pin Ara Increased. WASHINGTON. May 4. The bouse today completely overrode the committee on proprlatluns in connection with several Items In the sundry civil appropriation bill. When the mcasi.re was laid aside for th day LtOK") had been added to the suia ' fixed by leh committee, which Included j Sl'M.OGO for gauging the streams and deter mining the water supply ot the I nlUJ Slalis; an Inert as of 150,000 In the ap propriation for testing struetursl materials snd tl'ti.UO for testing coal lignites and th other fuel substances. These changes wti not accomplished however, without a pro longed debate teh committee found list If pi set it ally a I. me. practically atone. At 5:J') p. m.. the. hous? recessed until tomorrow morning. Ihuma J. ftnllltan. WASHINGTON. May 4.-Thoniaa J. Sull' van, director of tha burau of engraving and printing, dad in this city luday. i I