The ' Omaha Daily Bee VOL. XXXVIII NO. 173. OMAHA, THURSDAY MORNING, JANUARY UNDO TEN PAGES. SINGLE COPY TWO CENTS. i RANSOM IS BALKED cold wavl umm SUMMARY OF THE DEE ALDRICI1 AIDS RAILROADS Thursday, January T, lOOff. Secures Adrerse Eeport on Bill Giring Commerce Commission More Power. Forecaster Hopeful for Wt peratare Tonight. Unable to Force Through His Tlan to 909 JANUARY 1909 SJH MOM TUC WIO THU fRI SAT. Canvass Amendment Vote. I 8 2 9 GOES OVER TO NEXT TUESDAY I. 1 IK . in if 'Jv. i n SNOW ADDS TO WINTRY E Considerable Volume Fall Throu, oat Afternoon and Evening. f POOS SEEK WORK, NOT CASH AID Starring Italian Begs Employment, but Remembers Country. IN LIEU OF HUE, BAST GETS TEA Destitute Cimi Believed by Aiiih elated Charities til County Com snlsslouers, Wt Find All Asklnsr Worthy. Continued cold, with relief Thursday aft ernoon or Friday morning. Omaha experienced another frigid twenty-four hours from Wednesday morning until th cold gray dawn of today. The local forecast Is optimistic of rising tem perature Thursday, but . It may not be thoroughly at hand until lata tonight or tomorrow. A considerable fall of snow last night emed to show that the extreme rigor Is at an end, although the mercury did not rise so blgh that It burst through the tp of the tube. At 9 p.. m. the temperature waa 7. In fact the thermometer registered a succession of "below aero" throughout the night and If the cold was not so bitterly felt as the night before this was partly because tha shock of the cold wave Is over and partly because the wind waa not so keen and cutting. Tha cold wave haa told severely on the poor and many a pathetic situation haa become known. Poor Italian. Itemember Coaatrr "Me no wanta you to glva da coal. Glva da work, me buy da coal meael." Poorly clad and shivering from the Icy blasts of winter, an Italian well past tha meridian of life called at the office of the Associated Charities In the city hall late yesterday afternoon, though he waa not Keeking charity. Instead, ha was looking for employment whereby ha could earn r nough to buy fuel with which to keep his family warm and food to feed the babies at home. "My people In Etaley, they needa da mon. Me, no!" said tha Italian to tha assistant In charge, '"Glva me work, me buy coal end eat for babies. Send da mon back to Ktaloy." Charitable In tha extreme, though himself needing sld, this poor foreigner was not an exception among many who called at the office of the charitable association during the day. Strang as It may seem, the present cold' snap has not brought a horde bt seekers after aid, but Instead It has hroiiarht many, honest men who want work so they can earn the necessities, men who scorn charity.- No professional or chronic seekers after aid have applied to the Asso elated Charities or to tha Board of County Commissioners, though supplies have been given to a number and to some who did not ask for aid. Temporary . aid . waa given a German laborer who asked Miss Jonts. general sec rotary of the Associated Charities, for work, though until the secretary pinned him down to a direct answer, "yes" or "no," to her question aa to whether he had any fuel .or provisions in his home, would ha Intimate that ha waa In dire need. It was then found that he haa a nick 1f and four small children, one a baby, at home, with enough coat to keep a low fire for a day and nothing to eat. Milk Lack I as,, Babr Fed Tea. "When I had work. I bought milk for , the baby, but now that I haven't a dollar, I can't get any milk tickets and the milk man won't leave milk without milk tick eta," tha German told tha secretary. "Wo now give the baby tea. I know it la not as good as milk, but I can't buy milk because I have no money." Mlsa Jonti gave the German an order on the county store for supplies despite his protests. He left the office saying he would not present tha order until he tried at every place whare work might be found Later In the day Miss Phelps, the assist ant secretary, met him on the atreet and told him where he could find employment, and the order on the county for supplies was returned. Another caller at the char ity office In tha city hall yesterday was tha father ot six children, but this man, despite tha fact that there waa practically nothing In the house to eat, did not ask for supplies, but asked for work. Tempo rary relief waa given him, however. Whenever possible Miss Jonta gives appli cant a temporary relief direct without Bend ing them to the county for aid. Tha sec retary fear to make charitable charges out of people and the temporary relief given In her office la alwaya In tha nature , of a loan, with tha expectation that tha recipient will pay It bolt whan able. With tha county, tha aid granted la a gift direct. Pa pi La Use cold less than a doaen people mad application yesterday to tha county commissioners for aid. Two elderly people were sent to the county hospital and tempo rary aid given the others. Nona of those who applied for aid aver aaked help before and alt were found to be deserving. ' "Omaha la somewhat colder than the Hawaiian Islands," declared L. M. Cohn, who, with Mrs. Cohn returned yesterday gram a four, months', visit In Honolulu. "W are glad to be at home, but w find the temperature different her from that In tha mid-Pacific" It la known that soma people who have been sleeping out of doors all fall have weakened th laat two nights and not faced away below aero temperatures. Others have manfully stuck It out, -however, and among thee I J. B. White of th Ckdy Lumber company. Mr. White haa a sleeping porch at bis home, 113 South Twenty-ninth, and there he slept In comfort Tuesday night, although tha cold waa sufficient to stop a clock which stood n a nearby, table. Mlsa Bmlly C. Wood and Ulen Wharton are two others who Inhaled fresh air through cold air aleeplng porches at their respective abode. Bom others who hve windows wide open every night stoot, by their devotion to fresh air, but among these renegades from principle were not unknown. Wars Climate Popular. Railroad passenger agenta report an un precedented inquiry as to rate to Califor nia and Florida. Several men made them selves distinctly unpopular Wednesday morning by telling others bow much they would enjoy next week' b..ny breeses ACaliaued aa Third Page.) 3 4 5 6 7 .3 11 12 13 14 15 16 17 18 19 20 21 22 23 2X,2526 2728 2930 TXS WXATHIB. For Omaha, Council Bluffs and Vicinity Thursday rising temperature, with probably snow. Fur Nebraska Snow Thursday; rising temperature. For Iowa Thursday rlalng temperature, us nnw In west rjortlon. at Omaha t Hours. Deg. I a. m -13 a. m 12 7 a. m -12 a. m -11 9 a. m 10 10 a. m 9 11 a. m 9 a m 1 p. m T t p. m S p. m S iielow icro. DOMESTIC. Senator Aldrlch by sharp practice se- cured an adverse report on the bill to give the Interstate Commerce commit) slon power to veto increaao In rates. rage 1 Senators are said to be opposed to con firming F. H. Hitchcock for cabinet posi tion as long as he Is national chairman. rag 3 roMoir. Rabid dogs, famished and thirsty, are a menace to survivors of Messina earth quake. 8 BXBBAuKA. Legislative delegation plays city politics by turning down antis and giving Dahl man partisans good Joba. rage 1 Joint session of legislature developes split In party over attempt to canvass the vote on supreme Judge amendments. rag I X.OCAX. Wednesday morning th coldest for two years, th thermometer reaching 13 de greea below aero. Weather bureau pra dlcta still colder for Thursday. Bnow falls during th night. rage 1 Henry Agnew, a laborer, shot In th ankle and leg by the accidental discharge of a gun which I. Friedman waa trvlna to aell a cuatomer. rag 5 Council In adjourned session paaaes ap propriation ordinance for the currant year, cutting 125,000 from the estimates. rage a Stockholders of th Omaha & Nebraska Central railway, a projected interurban Una, want to know what has become of th money they have paid In. Fag 8 COXMEKCXAX AJTO XITSUSTjUAX. Live stock markets. rage Grain markets. rag Stocks and bonds. rag t MOTXXX2TTS Or OOXAV BTBAatSSTXHt. Port. Arrived. Stilt. New touk Amerlk. K. w. dr ansae. NEW YORK HARRKII.LES... tSLASUOW Ql'Er.NXTOWN. BHUMEN Alsrta . Lnurentlan... .laicanta mi'lll.tt. A 'J ARTHUR VERNON UNDER ARREST Former Omaha Maa Held at Boston to Answer Federal Indictment in Omaha. BOSTON. Jan. . (Special.) Arthur Vernon, a young man wanted at Omaha to answer a federal Indictment, waa arrested here today and will be returned to Ne braska shortly. He Is charged with using the mails to defraud. Vernon Is under Indictment Jointly with Theodore Kharas, who formed a number of syndicate companies over the country to promote a movable atreet car sign which he Invented and patented. Complaint was made to the postofflce authorities by some of the men whom Kharas had Interested and the Indictment followed. Vernon was associated with Kharaa In the promotion of the syndicates. HARRIMAN LINE TO MEXICO Will Tap Valuable Oil and Timber Leads American Investors Interested. EL PASO, Tex., Jan. 8. According to private Information received here from New York. E. H. Harriman hue derldrd to build a railway line from the main line of the Southern Pacific south into Mexico Beginning at a point east of El Paso, the proposed new line will extend through the new oil fields In northeastern Chihuahua, thence through the timber region of north central Mexico, to a connection with the Guaymaa and Guadalajara line now being built. Former Governor Terra tas, Gov ernor Creel of Chihuahua. William Ran c"'lph Hearst. C. R- Troxel and other prom inent men are eald to be Interested In the territory to be tapped and are lending financial support to the undertaking. HALLACK DIES OF WOUND Mystery at fthootlaar of Kaaaaa Carpet Man Haa Not Been ,' Cleared. City KANSAS CITY. Mo.. Jan. fc-W. J. Hal lack, member of a local wholesale carpet firm, died at the hospital her today, the result of a bullet wound received at his horn in this city October St. Mystery surrounded the shooting, but it was stated to hav been accidental. Mr. Hallack. who waa 6S years old, had been In ill heetth. Mr. Hallack served through the civil wnr In the confederate army and in the siege of Vlrksburg waa severely wounded. After the war he lived in St. Louis and in 1893 was In th banking business In New York City. ERB CASE GOES TO THE JURY Arcasaeata Are Eaded nad Stat Asks Death Penalty for Both Defendant. MEDIA, Pa., Jan. l.-The fat of Mrs. M. Florence Erb ond her sister, Mrs. Cathar ine Belsel, who hav been on trial In the Delaware county court for mora than a week charged with th sensational murder of Captain J. Clayton Erb, th husband of on of the defendants went to th Jury at 4:30 this afternoon. The proeecution aaks for a verdict of first degree murder for both women and while the defense ad mits Mrs. Ueisel shot and killed her brother-in-law, it asks th Jury to acquit th defendant an LLa wtf' self-de-fens. NO HOPE THEN FOB SHIPPERS People of Genoa Petition Senator Bar kett to Intercede and Save the Indian School Ther from Abandonment. (From a Staff Correspondent.) WASHINGTON, Jan. .-(8pecial Tele gram.) Negligence, to say nothing of sharp practice, beat out a favorable report pn the Fulton bill giving the Interstate Commerce commission power to pass on th proposed Increase on railroad freight rates when that bill came before the Interstate com merce committee today. Senator Aldrlch, realising that th fight waa going against him so far aa tha propo sition went to empower th Interstate Commerce commission with authority to declare whether an advanced rat was equitable or not, adroitly switched the proposition from an affirmative vote on the bill to a negative vote by moving that an adverse report be made on th Fulton measure. This lined up th friends ot the bill In the negative, those voting no, being Dolllver, Newlands, Tillman, Foster and Taylor. The vote for Mr. Aldtich's motion being Elklns, Aldrlch, Cullom, Kean and Crane, which created a tie. "frier was a hurry call for recruits and Senator Foraker waa finally found, who authorized bis vote to be cast for th Aldrlch motion, which Insured a negative report on th bill. Th friends of the measure failed to poll Sen ator Ctapp of Minnesota and McLaurln of Mississippi, who. It Is understood, would have voted against reporting th bill ad versely. These gentlemen, however, were absent from the committee and an adverse report will be made on th bill tomorrow. The action of tha committee today can have but one application, that th aenate Interstate commerce committee aa at prea- ent composed is against any enlarged pow ers on behalf of the Interstate Commerce commission and that whatever relief ship pers are to obtain from amendments to ex Isting laws must come through an amend ment to the Sherman anti-trust law and not through any increased powers on behalf of th Interstate Commerce commission. Genoa Want to Keep Sehool. Senator Burkett Is in receipt of numer ous signed petitions from cltisens of Genoa asking him to do everything possible against the abandonment of the Genoa In dian school. Commissioner Leupp In his last report recommended the closing of the school for the reason that th attendance had fallen off and that non-reservation schools wore proving a failure. Senator Burkett haa not yet decided aa to the course he will pursue toward the retention of the Genoa school. Perry After Promotion. Charles B. Perry.. aon of D. B. Perry of Crete, Neb., who haa bean In tha consular servlco for a year or more with location at Treblxond, Turkey, aa consular clerk, lias taken hie examination lor advancement. Mr. Perry Is In Washington hoping for an assignment to a consular place In view of the good examination which he haa passed. He has the endorsement ot the chief ot the consular bureau, Mr. Carr, and also of those with whom he was' associated in the east. Klnkald Not at Dinner. representative Klnkald was not present at house rules reform dinner given by Mr. Gardner of Massachusetts last evening for the reason that he has not recovered suf ficiently from tho effects of a surgical operation performed more than a month ago. ' Amendments to Postal Bank Bill. Senator Cummins today Introduced an amendment to the postal savings bank bill, which was under discussion and which the Junior Iowa senator believed absolutely necessary, if . the bill Is to pans. The amendment presented by the senator provides that the moneys de posited with the Postofflce department under the law ahall be redeposlted at one in some bank In th same community in which the original deposit was made and if there Ja no bank in the town In which the deposit Is made then the deposit shall be made In the nearest place where there is a bank. By this Senator Cummins hopes to take In state as well as national banks. Ills other amendment, offered to day, strikes out certain sections of the bill which gives the government a pre ferred Hen' on the assets of any bank In which la deposited moneys of th postal savings bank. Thla la upon the theory that tha government should take Its chances with the people and should besr Us Insignificant proportion of th losses as well aa the people. Interested as he In In this question, the former Iowa executive will get right Into legislative action by making a speech on the postal savings bank, thereby proving senatorial traditions, so far as speechmsklng on the part of young senators holds, ia made but to be broken. Senator Burkett participated largely In the debet on the postal savings bank bill today, endeavoring all the way through to whip the bill Into such shape that It would be acceptable to th coun try, th banka being Its strongest antag onist.. Knox Tipple of Stanton, Neb., la In Washington. KNOX WILLVISIT AUGUSTA Cahlaet Appolatee Will Call on PreaU dent-Elect for Conference on Appointments. AUGUSTA, Ga., Jan. S-The president elect today received a message from Sen ator Knox, appointee aa secretary of atate, that th senator would arrive her tomor row. Mr. Hitchcock returned today from Bir mingham and Atlanta. It la th announced purpose of Mr. Taft to get to the actual nork of selecting his cabinet during the stay her of his two advisers. John Hay Hammond, who visited At lanta yesterday, returned today with Mr. Hitchcock. COLORADO LAW MAKERS MEET Election ot Charles J. Haajaa t 1st. cd Senator Toller I Aaaared. DENVER. Colo., Jan. I -Tha seven teenth general assembly of Colorado met at noon today. Both branches are demo cratic, and th ejection of Charles J. Hughes. Jr., of Denver, to th United States sen at to succeed Senator Henry M. Teller la assured. A straight eight hour law and a repeal of the anti-boycott law will b especially urged by th labor lotarcau From the Cleveland Plain Dealer. HAWLEY ON WITNESS STAND Iowa Central Head Testifies in Harriman Merger Suit. DENIES AGREEMENT AS TO RATES Former onthern Pacific Official Admits, However, Dlsensslon on Division of Rates Were Held Before Purchase of Itoad. NEW YORK, Jan. . Edwin Hawley ofA this city, president of the Iowa Central Railway company and of the Minneapolis & St. Louis Railroad company and a di rector in several other roads. Including the Western Pacific, was tbe first witness called by the government today In the hearing of the action to dissolve the merger of the Harriman railroads. Mr. Hawley said he became connected with the. South ern Pacific In 183. . 'i Mr. Hawley snld that he waa general eastern agent of the Sonthe fi Pacific at first and that bo jia jimvijt.fMi. over fUe Morgan line of steamers w&fcb was used as a part of the Sunset rout. Competition among the rival railroad companies before the formation of the merger, he- snld, was general. He declared that ho always op posed the consolidation of the commercial agencies of tho Union Pacific and South ern Pacific railroads. Con Id Divert Konthern Traffic. On cross-examination counsel for thfc rail roads asked Mr. Hawley If It were not absolutely necessary for the T.'nlon Taclflc to use the Southern Pacific line in trans continental trade. Mr. Hawley replied that the Union Pacific did use It. The witness said that It was quite possible that If the Union Pacific attempted to force an Issue with the Southern Pacific the latter road could divert its traffic at Portland to the Denver & Rio Grande. In Its southern traf fic, he said, the Union Pacific has al ways been obliged to use the Atchison, Southern Paciflo or the Texas Pacific. In reply to questions as to whether the Southern Pacific wns not a dominant factor In transcontinental traffic and rractlcally had controlled the rates, the witness said that the Southern Pacific was an Import ant factor and that even freight shipped entirely by the way of the Texas Pacific or Union Pacific had to be turned over to the Southern Pacific at the terminals. He denied that specific agreements as to rates had been made prior to the merger, but said there had been discussions as to the divitilon of rates between the various roads over whVh It passed. Frank M. White, auditor of the division of rates and transportation of the Inter state Commerce commission, who was the next witnpas, presented a statement of com modity rates between points east of the Mississippi river and California terminals. Thla allow that the rates charged on the various lines were about the same. STONE'S ELECTION ASSURED Missouri Legislators Dellnqoent la Taxes Are Given Their "eats. JEFFERSON CITY, Mo., Jan. S.-All the members-elect ot the Missouri housa of representatives took the oath of office to day. These Included those democrats whose seats were declared to be in danger be cause it waa alleged that they had not compiled with the law and paid their taxes. W. B. Cochran, a republican of Dado county, was named temporary speaker. The permanent speaker will be named to morrow. He will probably be a democrat. The vote today showed only a majority of S for Cochran. Four democrats wore absent today. The effect of th seating of all th members-elect practically assurea the naming of Untied 8tates Senator William J. Stone, the democratic primary nominee, to aucceed himself in the United States senate. ZELLER CONVICTED OF MURDER lateeaYear-4ld Boy to Pay Pea ally for Kllllns; His Grand father. ' BRIDGETON, N. J., Jan. t-Waltcr Zel-l-r. In 19-year old Vineland youth charged vlth two (cnua'i'ons wlrh the murder of poller's grandfather. Wii'ium Rend, waa convicted of murder In the first degna today by a. Jury which had been out since yesterday afternoon. ZeJler confessed when he waa arrested that with Clin Wheeler and Herbert Orlgg l.a had participated In th killing of Read for th purpose of robbery. Mrs. Edwin Cooper, mother of Zellar and daughter of tho murdered man. sat in court all night awaiting tha vjrdkt. Wheelor and Grig will b tried this i month. "AND NOW TO BUSINESS 1" SPRINGFIELD HAS BIG FIRE Flames Martins; from Gas Explosion Fanned by Ulan Wind Las 92O,0OO. 8rRINGFIELD, Mo.. Jan. . Fire that broke out at 12:16 o'clock this morning In the Baldwin theater and office building completely destroyed that structure and a number of other buildings In th business district and bndly damaged the StOO.OOO Colonial hotel. The total loss Is estimated at 230,000. Fire Chief Kanada waa th only person hurt. His Injuries were not serious. The fire was caused by an explosion of gas in the basement of the theater, which waa a five-story structure, occupied by offices as 'well as the theater. A strong wind fanned the flames, which spread to the Dr. Nixon office building adjoining, a SfS.OnO structure, which was completely gutted. The Colonial hotel, a steel build ing, suffered the burning of mont of th furnishings of rooms on on side of th hotel. The loss to this building will ex ceed $100,000. From the hotel over 200 guests fled to th, streets.- All escaped In safety. Among those stopping at tha hotel Waa Ople Read, the novelist, of Chicago, who had delivered a ledwr her last night. Mr. Reld was uninjured. . At an early hour this morning th fir had been placed under control. METHODS OF RUSSIAN POLICE Chief Khofvn to Have Manufactured Evidence Astalnst Man y ins pected Persons, ST. PETERSBURG, ' Jan. S. Colonel Zavarnltsky, chief of the secret police at Vladivostok, hss been sentenced to four years' penal servitude and the loss of his military rights on the charge of having manufactured evidence in political cases. Two of the colonel's subordinates were sentenced to shorter terms of imprison ment. Details of the trial received here today show that Zavarnltsky repeatedly placed bombs and Illegal literature in the apart ments of suspected persons and by this means secured convictions. He prepared documents tending to show that Captain Baron Fersen, who waa at one time the Russian naval attache at Washington and Who later became commander of the port of Vladivostok, and General Pflug, who commanded the troops at Vladivostok In 1907, were connected with tho revolution ists and his false evidence had much to do with the removal of these officers. Many political prisoners will be released as a re sult of these revelations. Twenty-two sentences of death for crimes committed in 1906 were announced today. Six of them wcro handed down at Riga. FLURRY IN ST0CK MARKET Weakness In New York Central nad Harriman stocks Is the Cause, NEW YORK, Jan. 6. Today's stock mar ket developed Increased weakness In the final hour, after much Irregularity of movements In tbe early session. Under the lead of New York Central and Union Pacific the active list broke from I to I points. The weakness in New York Central was ascribed to disappointment over th fail ure of Harriman Interests to take a place in the company'! directorate, while the weakness of the Harriman stocks waa ac companied by rumors of the Illness of Mr. Harriman. Another element of weakness was Con solldatedGns, which was again subjected to liquidation. The market continued weak and feverish In the last halt hour. KANSAS TREASURER IS SHORT Moatajoniery County Official Offer to Make l it Discrepancy Found by Expert. INDEPENDENCE, Kan., Jan. .-I. V. Crawford, an expert who has been at work on the books of E. E. Stubblefleld, county treasurer of Montgomery county, made his report to the county commissioners today, showing an alleged shortage of $1,026. The shortage covers a period from October, 1907, to October, 1908. Mr. Stubblefleld of fered to make up the shortage pending a further examination of the books by him or his representative. CUBAN SOLDIERS RETURNING First Detachmeat Leaves Newport Kw for Fort Saelllaar, Mian. NEWPORT NEWS. Va., Jan. .-Two trains left her last night over tha Chesa peake A Ohio railroad for Fort Bnelling. Minn., having aboard th Twenty-eighth Infantry, th first of the, returning soldiers of tli Cuban army of pacification, brought her by th transport McClellask SHARP LETTER TO SENATE President Answers Request Made to Attorney General for Information. NO RIGHT TO ASK QUESTION Lawmaker Are Told that Heads of Executive Departments Are Re sponsible to President Only for Their Official Acts. WASHINGTON, Jan. 1-Presldent Roose velt today Informed the senate In plain term that he had approved th absorption of . the Tennessee Coal and Iron company by the United States Steel corporation and had Instructed Attorney General Bonaparte not to respond to the senate Inquiry as to the reason for his failure to prosecute the steel company.' The president declare he does not conceive to "be within the author ity of .the senate to give direction of this character to the bead of an oxecutiv da pertinent. The message is In response to a resolution introduced by Senator Culberson calling on tli attorney general to stata whether he had brought an action against the steel company because of Its acquisition of the Tennessee concern. While the resolution was not directed to President Roosevelt, his attention waa called to it by Attorney General Bonaparte. Commenting on the attorney general's let ter the president says: "A to the transaction in question I was personally cognlxant of and responsible for Its every detail. For the Information of the senate I transmit a copy of a letter sent by me to th attorney general on No vember 4, 1907, aa follows: Mv Denr Attorney General: Judge Fi H. Gary and Mr. H. C. Frlrk. on behalf of the steel corporation nave just caiier upon me. They state that there is a certain business mm (the name or wnicn i navo not rjcen told, but which Is of real Importance in New York business circles) which will un doubtedly full this week if help is not given. Among Its assets are a majority of the securities of the Tennessee Coal company. Application haa been urgently made lo the steel corporation to purchase this stork ns the only means of avoiding a failure. Judge Gary and Mr. Frlck Informed me thai as a mere bualneRS transaction they do not care to purchase tho stock, that under ordi nary circumstance they would not consider purchasing the stock, but little brnnflt will come to the steel corporation from the pur chase, that they are aware that the, pur chase will be used as handle for attack on them on the ground tha they are endeavor ing to bmc u re a monopoly of the business ami prevent competition not that this would represent what could honestly be eald. but what might recklessly and un truthfully be said. They Inform me that as a mstter of frt the policy of the compsny has been to de cline to acquire more than 60 per cent of the ateel properties, and that this has been persevrr-d in for several years past, with the object of preventing these accusations, snd a a matter of fact their proportion of steel properties has slightly decreased, so that It is below this 60 per cent, and the ac quisition of the property in question will not raise it above 60 per cent. But they feel it is immensely to their interest, as to the interest of every responsible business man. to try to prevent a panic and general Industrial smsahup at this time, and that they are willing to go into this transaction which they would not otherwise go Into be'-ause it seems the opinion of those best fitted to express Judxment In New y0rk that It will be an Important factor In pre. venting a break that might be ruinous and that lias been urged upon them by the combination of the most responsible bank ers of New York, who are now thus en gaged In endeavoring to save the situation, but they asserted they did not wish to do this if I stated that it ought not to be dune. I answered that while, of course, I could not adviie them to take the action proposed. I felt It no public duty of mine to Interpose an objection, 8lncerely yours, THEODORE ROOSEVELT. 'Hon. Charles J. Bonaparte, Attorney General. "After sending this letter I was advised orally by the attorney general that in his opinion no sufficient ground existed for legal proceedings agalnat the steel corpora tion and that the situation had in no way been changed by Its acquisition of the Ten nesuee Coal and Iron company. "I have thus given to the senai 'all the Information In the possession of the ex ecutive departments which appears to me to be material or relevant on the subject of the resolution. I feel bound, however, to add that I have instructed the attorney general not to respond to that portion of the resolution which calls for a statement of his reasons for nonaction. I have dune so because I do not conceive it to be within the authority of the senate to give direc tions of this character to the head of an executive department or tj demand from hlin reasons for hia action. Heads of the executive departments are subject to the constitution and to the laws passed by the congress in pursuance of the constitution and to th directions of the president of the United Plates, Dut no other direction what ever. THEODORE ROOSEVELT. "Th Wblt House. January , 10." Taylor of Custer, Democrat, Leads Opposition to Ransom. DEMOCRATS IN ANOTHER FIGHT Comes Up Over Rule to Take Com mittees Out of Speaker's Hands. CAUCUS TO SETTLE THIS POINT Some Lively Debate Orer Both Propositions, Partleularly One to Iteranvass Vote on A mendment. (From a Staff Correspondent. LINCOLN. Jan. t (Speclat.)-Befor s Joint session of the house and senato today Senator Ransom, the boss of the uppet house, had his spurs cllppod by a farmer from Ctistcr-W. J. Taylor. The Incident marked the first big spilt In th democratlo majorttj'. Ransom attempted to get adopted a mo tion to have the secretary of atate forth with present to the Joint session the votes cast for thes Judicial amendment, which had already been canvassed by th State Can vassing board. His Idea was to legislate out of office those four judges whom Gov ernor Sheldon recently appointed and fill their places with Judges selected ,y Governor-elect Shallenberger. Th governor elect waa a witness to the drubbing. Taylor of Custer county, another demo crat, objected and he Insisted' that the law was plain that It was the duty of the can vassing board to canvass th vote and the board had simply done Ita duty. After defeating a motion to adjourn Ran som finally had to agree to a recens until the afternoon, when the debate waa re newed. During the noon hour, however, tho big boss sounded sentiment snt when the session opened he waa on hand with an amendment providing for the canvass of the vote on state officers and a further provision that the vote on tha constitutional amendment be discussed next Tuesday. Taylor agreed to let the matter fo over and tha vote on the amendment was strictly a party affair, though Henry of Holt voted with the republicans. ' Nettleton Makes a Point. Nettleton of Clay got In the gam in the afternoon and . Inquired why the demo cratic boss wns not asking to canvass the vote on the amendment providing for the Investment of tho school fund, which had been canvassed by th state board. This waa a matter of vital Importance he said. As It had not been, referred to by the senator from Omaha It was plainly vldent, he said, that It waa an admission that th atate board had the legal right to canvass t.te. vnUi on tho JudU-tuI amendment. While It waa apparent that Ransom would lose out if he persisted In demanding action today he and other evidently feared that If the vote had been canvassed by the legislature at Its session todsy Governor Sheldon would hav time to reappoint hU old Judges before going out of office to morrow noon.' Tlie amendment which was finally tdoptel was as follows: That the Joint convention proceed to the canvass of the votes cast for state officer and congressmen at the election held No vember 3. lHUfi. nd that thn canvass Of the vote on constitutional amendment relating to the Judiciary be taken up and disposed of at a future session of the two house of the legislature to be held Tuesday. Jan uary 12, 1909. and that when we At) ad journ It iie to that time. Flret Flarht Over Hole. 1 This was th second fight Of th day'.' between the majority members of the house. The first cam when Clark of Rlc.h ardsaii county moved tha adoption of the rules governing the lat house except that section which gave the speaker power to appoint the standing committee. Tills brought forth numerous objectors, who In sisted that this right should not b taken from the speaker and It waa only after Mr. Clark had announced this question Waa still open and would be settled In a caucus scheduled for tonight that It carried. Tha v6te In favor of the motion was M The joint session convened at 11 o'clock and immediately alter Lieutenant Gov ernor Hopewell read the call that It was for the purpose of canvassing tbe vote cast at the last election for congressmen, state officers and constitutional amend ments and the-voto was delivered to tho chief clerk by the secretary ot lat. Ran som of Douglas moved that Inasmuch a the vte on tronslitullonal amendments had not been Included by th Secretary a demand be made upon lilm frr th records. Taylor of Custer at one moved bji amend ment that the Joint session should canvass this vole on stale officers and congressmen. This started the firework, Ransom opening with an impassioned oration that th State Canvassing board had usurped the authority delegated to th legislature and that to canvas the vot on th Ju llclsl amendment waa a duty, thla body owed to the people of the state. Ran som then entered into a lengthy disserta tion upon tit Uw in case which boiled down waa to the effect ther waa no law governing th canvassing of consti tutional amendments, though th last two legislatures had attended to this work. That was his precedent. King of Polk, republican. In answer t the Ranaom apeech gave th hlatory of laws governing the canvassing ot votes from 187 to the present time. In 18t5 the la,w was plain that the state board had the right to canvass th vot on con stitutions! smendments, though th law was repealed in 1 897. He Insisted that the vote on the last constitutional amend ments had been ranvaaaed by the state board and the legislature merely an nounced the result along with th Vote on state officers. E. W. Brown of Lancssler. republican, reinforced the King srgument by adding that If the last leglslatute had canvassed the vot on constitutional amendments It had made a mistake, whluli he-hoped this legislature would avoid Taylor Touches Fireworks. Then came Taylor of Custer and his fire works. He began easy, by announcing that be was merely a farmer, with no knowl edge of law, but that he hoped by simply giving fiis reason why the vote should not be canvassed and why no demand should be made upon the secretary of Stat far the votes on the amendment, that be could even convince t!i "leading lawyer from Omaha." "I honestly believ th Stat Canvaasln , Board did Its whole duty," said Mr. Tulu.