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
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