Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 07, 1909, Image 1

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    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.