Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 10, 1909, NEWS SECTION, Image 1

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    The Omaha
Gains Control of New York Central,
Completing Span of Continent.
If it Hurts Him So Much
"unduy, January 10, Ifton.
1 .'"7'!''""" "'" ' awami i. i aywmKmmwti
British Parliament Passes Two First
Class Measurei.
Benefit! Depend on Way in Which
They Are Applied.
One Dominated by Catholici and One
by Preibyteriani.
Democrats Willing to Drop Attack on
909 JANUARY 1909
I 2
3 4 5 6 7 8 9
10 II 12 13 14 15 16
17 18 19 20 21 22 23
2X, 2526 2728 2930
Supreme Court.
News Comes Direct Through Private
Chanels from Metropolis.
Douglas County Senator in Bad with
Other Leaders.
tilrtm rower to Build Workmen'
Dwelling hy Taxation, Rentals
to Recoup for Expcudl
tora Only.
DUBLIN. Jan. 9.-(SpeeiaI.)-Now that
Parliament hati risen. It Is possible to take
look of what Ireland has gained thin
eos ilon. Two distinctively Irish measureii
of the flrat class have been passed Into
law and It remains with the Irish people
to determine by their administration how
useful they will prove from a national
point of view. The greatest, of course, Is
the Irish Universities act which removes
forever the Injustice worked to the youth
uf Ireland by the fact that her only uni
versity, Trinity college, Dublin, was In the
hands of the Anglican church authorities.
Tlio two new universities are nominally un
sccturian, but the National university of
Dublin, of which Archbishop Walsh has
been elected chancellor, will be under
Roman Catholic Influence, and the new
Queen's university at Belfast will be
dominated by the Presbyterians. Thus the
three great religious denominations In
Ireland are placed on an equal footing.
The great .question which Is now being
discussed is the compulsory teaching of
Irish In the new universities and I am sorry
to say that there Is a good deal of bitter
ness displayed on the question. European
scholars cannot understand how the uni
versities can be described as Irish, If the
national language Is neglected, but there
seem to be some Irishmen who think that
to tea?h Irish would ki some way lower
the educational standing of the universi
ties. Strangely enough the institution at
Dublin which has taken to Itself the name
National, seems to' have become the chief
scat of the controversy. There is now little
doubt that Irish' will be taught at Belfast
but there Is ittlll considerable doubt about
Its Introduction at Dublin.
Housing Act Hraeflclal.
The other . first-class Irish measure Is
the Irish housing net, which may be made
a very useful measure tf It Is properly
administered by the local authorities. The
housing of the Irish working class In the
past has been u scandal, and It has been
too much to expect, that landlords or
tenant farmers, In the present unsettled J
state of land tenure In Ireland, would do
much to Improve It. The new act gives I
power to tho local authorities to raise j
money by taxation for the erection of
worklngmen's dwellings, which shall be
let at rents sufficient only to recoup the
expenditure. '
Some minor measures have also been
passed, but the great measure for which
Irishmen have been working snd looking
for generations home rule seems as far
off as over. The . liberals have been
strangely silent about It recently, and It Is
feared that they will forget their promise
to make It a plank In the liberal platform
at the next general election, as their war
on the House of Lords and the fiscal con
troversy, will give them an excuse for
saying that "minor Issues" like home rule
must wait.
More Pay for Constabulary.
The constabulary act, which has also
been passed. Is a measure which will bene
fit the rank and file of the police force
but It will cost the Irish taxpayers t).0OO
a year, and complaint Is Justly made that
more than this could have been saved If
tho Increase of pay to the men had been
coupled with a reorganisation of the com
missioned ranks. The fact Is that the
ordinary policemen In the Royal Irish con
stabulary are wretchedly underpaid and
sssarworked. while the officers are under
worked and overpaid. The force has been
rduced three or four times, but the num
ber of officers has remained the same,
the only result of the reductions being
that each officer retained a smaller com
mand, with leas work, at the same pay.
Each commissioned officer receives an al
lowance of $60 year for a horse and S2J
a year (t groom, whereas not more than
half of them need a horse more than half
a dosen times In the year. There are very
few grooms in Ireland either who are
receiving more than ITS a year. It la esti
mated that the cost of command In each
county In Ireland works out at about t'JO.
009. and that the work ceuld bo done just
s well for half the sum.
Wtmri Paupers Plant for Pgsrs.
tTh master of the workhouse at Kllrush,
County Clare, Is nursing several Injuries
which lie received a few days ago In an
encounter with a band of mutinous women
pampers. The women decided to go on
strike one morning because they had not
ggs for breakfast, and they marched to
the pantry, where they found the master,
and; demanded that they should receive the
same food as was served at his table.
Wlte he refused, they promptly began to
throw crockery -and kitchen ware at him,
end only stopped when there was nothing
left t throw. Three of the ring leaders
Were brought before the magistrates later
In the ay, and although they complained
that they were treated like "black slaves"
In the workhouse, they were sent to Jail
for two months.
.-Oldest Man In Donegal.
The mantle of Charles Kelly, the oldest
man. In Donegal, who died a few days ago
at the age of 111. has fallen on Bryan
O Donne 11. who lives in the parish of Inver,
as did Kelly. Bryan Is 107 years old and
MS keen a patriot aa was Kelly. He has
never been known to wear any garb but
the Irish kilt, snd lie does not understand
s word of English, He Is Still very active
'and walks four miles to mass every Sun
day. He Is Immensely proud of telling of
his former prowress with the blackthorn.
and when I called on him few days ago
during a trip through Donegal, he told m
with great pride of the great battle be
tween the parishes of Inver and Ulentles
In which h took part nearly ninety years
ago. The Inver ansa were getting the bast
of It. but the wotntm of Ulentles filled
ntiair stocking with stones and came to
I h rescue ef Ihelr Buen. These am axons
fought so effectively with their novel
weapons that the men of lover were glad
(Continued on Second Page.)
VICINITY Snow Sunday, nut much change
In temperature.
FOR IOWA Snow Sunday.
Temperature at Omaha yesterday:
Hcrrlman secures control of the New
York Central, completing his chain of
railroads from the Atlantic to the Pa
cific and Insuring vast campaign of build
ing In the went. X, Pag I
Bill introduced In South Dakota legisla
ture to refund to the state of North Car
olina the amount recovered on bond suit.
x. Fr i
The house of representatives yesterday
appclnted a special committee to Investi
gate secret service work In all depart
ments of the government. X, Fag 1
Adoeates of general waterways appro
priations will push measure before pres
ent congress. I, Pag 9
One girl killed and five other persons
injured is the result of a street fight at
Wllllsmstown, Ky., growing out of a
feud. J, Pag 3
The democratic majority of the Ne
braska legislature Is backing away from
the proposition to canvass the vote on
the supreme court amendment, for the
purpose of ousting Governor Sheldon's
appointees. Bryan Is thought to have In
spired this change In plans. Attorney
General Thompson has furnished an opin
ion upholding the State Canvassing board
In ita right to canvass the vote on the
amendment. X, Page 1
Report of house committee on commit
tees, which has been completed, will be a
blow to Speaker Pool and the Douglas
county delegation. X, Pag 1
X.OOAX,. of the Ohiaha society world.
XX, Pag a
Gossip of the theaters and of the play
ers. XX, Pag 3
Members Cowell and Kennedy of the
Omaha Board of Fire and Police Commis
sioners send resignations to Governor
Bhallenberger, and the reorganisation Is
now up to the governor. X, Pag 4
Uncle Billy Snowden, the first white
settler In Omaha, dies of old age.
X, PC 3
Live stock markets. XX, Pag
Grain markets. XI, Pag
Sto km and bonds. XI, Pag
Buster and Tlge get uncle Into a coast
ing match. Page for the littlo folks.
Gossip about the women folks. Fluffy
Ruffles becomes popular In Paris.
Pour Pages
Nemaha county one of the most at
tractive In Nebraska. New movements
Uiat have taken hold of Japan. Experi
ment In life-saving apparatus for
miner Building the greatest sewer In
the west to drain a portion of Omaha
Short stories from the story tellers' pack.
Pour Pares
HOTIKXITS OP OCX aw steamships,
Port. Arrlred. Silled.
BOSTON Louisiana
BOKTOV rjinrlc
LtVR WOOL I hrln Corslraa.
TR1E8TK Ptnnonla.
NAPLES Moltkt.
Hrnort Maanate Is Kirk Is Flatly
Contradicted nt Union Pacific
"Mr. Harrlman la not "a very sick man.'
I have not been In conference with the
Harrlman home by wire. The whole report
Is a simple fake."
This statement was made to The Bee
last evening by A. L. Mohler, vice presi
dent of the Union Pacific. Mr. Mohler
was prompted to make the statement be
cause of a Story In a locr.l evening sheet
saying It was rumored around Union Pa
cific headquarters that Mr. Ilarriman was
very 111 and that Mr. Mohler had spent
"th last two rvenlngs In conference with
the Harrlman home. From this false
premise was deducted the false conclusion
that Mr. Harrlman must be a very sick
Mr. Mohler was not In Omaha "the last
two evenings" In the first place. He has
txen out of the city and says he has not
been conferring with Mr. Harrlman or his
home. He nor anyone else around Union
Piiciflc headquarters has any Information
that Mr. Herrlinan Is sick. The last re
ports of Mr. Harrlman In Omaha were
that he was attending strictly to business.
lona Republicans Agree on Fifth Bal
lot End of Factionalism
nva viniK-ps Jan. i nuv a. fviv
or Waterloo was nominated for speaker of
th Iowa house of repreeentatlves in a cau- '
rus of all the republican members here this!
mornln. The nomination occurred on the !
fifth ballot. Feely receiving forty votes.
Votes changed In the first to fourth bal
lots at the Individual will of the member,
bjt In the fifth the Harding stand-pat vote
swung to Feely, as did the backing of sev
eral progrraaive candidates.
It Is freely predicted that the caucus this
morning means the end of factionalism in
the state.
Jadge Prononnees Sentence and De
fease Appeals to lasrtsw
UNION CITY. Tenn.. Jan. t.-The six
night riders wer; today sentenced to hang
February II. Two were given twenty-year
sentences In the penitentiary.
The attorneys for the defanse Immediately
gave notice of an appeal to the ante au
lmc court.
Hour. Drg
.SliEUr 7 a. m'.'.'.'.'.'.'.'.'.'.'.'.'.". M
a a. m 24
J 9 a. rn 21
mf frrjrL 1 p. m IS
jL pfJi- 2 m 1H
Jy Jt, j 4 m 14
v22w-7'i 5 p- m
. -V 7 p. m H
Effective Retaliation for Hill's Ac
quisition of Colorado Road.
Ilarriman Displayed Ills Authority
When President IS'ewmun Re
signed by Deliberately
Naming W. C. Brown.
Tf James J. Hill secured an advantage
over K. H. Ilarriman when he acquired
the Colorado & Southern Mr. Ilarriman has
retaliated with overwhelming effect by ob
taining control of the New York Central.
The fact that Harrimun has gained
possession of this powerful factor in the
railroad world Is conveyed to Omaha
through channels of Information from New
Tork whose reliability cannot be ques
tioned. When the Central stocks began to shoot
upward a few days ago a rumor qmetiy
gained currency that Ilarriman had landed
the road and the Information which The
Bee has been given confirms that rumor.
This gives Harrlman a complete line or
the finest tracks in tne worm irom
la.ntl.3 to Pacific and marks the culmina
tion of tlans he is said to have set on
foot when he ascended to the control of
the Pacific lines.
When the resignation of William H. New
man as presioeni oi me .
lines was announced rumors were strong
that Ilarriman had secured control and
since that lime these rumors havo been
.... ... " . i u.pHmatt told
verified, in nw nrm m.o ----
W C. Brown, then vie president, inai
he was to be president of the New York
Central and had several conferences with
Mr. Brown before he was elected. It Is
also known by Omaha men that Mr. Har
rlman for the last two months has been
acting as chairman of the executive com
mittee of the Central and that no move
has been made without his sanction. This
Is no Idle gossip, but comes direct from
those who are In a position to know for
they have been getting their orders from
Mr. Harrlman.
llarrlman's Dream of Years.
It Is no secret that It has been the
dream of Mr. Marriman ior j y
an unbroken chain of rails from the At
. n, yncifle. and with the New
York Central added to his holdings, which
probably would carry with It the North
western, Harrlman realizes the fruition of
this dream. ,. . ,
The New York Central wan .
n. - mgrx Ia aa nH 1 1 aa
rails from New i orit to nuua.u - -
splendid road on to Chicago , ,ne or..
- -Hik n rinutiie tracas
cago to Omaha and the Union Paclfio with
It? magnificent roadbed and double track
s'd Xtrlo automatic block signal, nearly
completed and tho Southern Pacific from
Ogden to San Francisco are "'".
the finest chain of roads across tho con-
Ts'oon a. the resignation ( M
was announced the stock, of the New York
Central took a Jump of 3 points, and have
since moved up. The New York Cent raj
lines include about 12.000 miles of rail and
some of the finest equipment In the coun
try and to be linked with tho big Harrlman
svstem. of the west was enough to force
up the stocks. The acquisition of the New
York Central gives Harrlman dominating
. . nd control over 41.3S8 miles of
Wanted the C. S.
Railroad activity In the west Is now as
sured. There Is no doubt that Harrlman
wanted to buy the Colorado 4 Southern,
but the price was a little more than he
.u..i, rlht. and while he was Jock
eying for sn opening Mr. Hill stepped In
and secured the pnxc. inn -
liking of Mr. Harrlman and It Is rumored
.v... i,- win start a campaign of building In
the spring the like of which the west has
never seen. He ta practically forced to
make some strenuous moves to counteract
the advantage gained by Hill.
Before the financial troubles came In Oc
tober, 1907. Mr. Harrlman had announced
. .. a n,i.inh he exnected to
several lines u. "-
hiM snd had also said it would be his pol
icy to provide some good feeders lor me
d,.ii which is now a big main
artery from the Pacific, coast to Omaha.
That he Intends to carry out this policy In
the spring and to renew his activity in rail
road building Is now regarded as an assured
Several of the enterprises which had been
started before the panic were Btopped along
with all other new work, but two of these
have been taken up and practically com
pleted. The Lane cut-off was stopped, but
this work wss quietly resumed and Is now
nearlng completion. Trains Tiave been run
ning over the cut-off for several months,
but some of the overhead crossings yet re
main to be completed. Work on the Carr
Borie cut-off was also stopped, but this
has been finished and trains are now run
ning over the new rails. Work was also
stopped on the new line from North Platte
to Northport. running up the north fork
of the Platte river, but work on this lias
been resumed and will be pushed to North
port. To Cnt Off Distance.
While this line will be a good feeder in
Itself, as It will run through a productive
section of the state of Nebra.ka. the main
of the llne ia to make U ' part of
cut off to be built between North Platte
and Medicine Bow. which will save forty-
six miles of travel for the overland tralna
and will also save a climb of 1,000 feet up
Sherman Hill
When work waa stopped over a year ago
Ilarriman was also busy with a new line
from Omaha to the south. Part of this line
Is built, but work on It was stopped. The
plan waa to have a short line to Lincoln
from Omaha, raise the line from Omaha
t Marysville, and then build a ahort cut
from Maryavllle to Topeka. The Union Pa
cific now has a doubt track from Topeka
to Kansas City. This tin would have given
Omaha a third direct line to Kansas City,
a llne which would pass through the cap
ita la of both Nebraaka and Kansas.
Several survey were made for th llne
between Omaha and Lincoln, but It was a
hard matter to get a short line which would
not be most expensive because of th con
tour of the country. One of the plans waa
(Continued on Second Pag.)
From the Chicago News.
Resolution to Investigate Secret
Service Work in All Departments.
Only Fonr Representatives Art Amonir
Those Who Wish to fee the
President Senators Also
star Awr.
WASHINGTON, Jan. Il.-Tho strenuous
work of yesterday strained the house of
representatives and In consequence, after
being In session a little less than an hour
today, the body adjourned until tomorrow.
During that short period of time, however,
BOO pension bills were passed, as was also
a resolution for tho rigid Inquiry Into the
whole question of the Investigation of
frauds against the government. The sum
of $3,000 was appropriated for the Inquiry,
which Is to be mailn by a committee of
five to be named by the speaker. Tomor
row's session will be devoted to memorial
exercises for the late Senator Proctor of
That the house does not intend to stop
with its action of yesterday In rebuking
the president In connection with his
strictures regarding the secret service was
evidenced today when, nt the Instance of
Mr. Tawney of Minnesota, and without a
dissenting vote, It adopted a sweeping res
olution of Inquiry into the amount of
moneys appropriated for the present fiscal
year for detecting frauds and the efforts
made to bring to trial offenders against
the law.
Prorlalons of Resolution.
The resolution called for the appointment
of a committee of five numbers to conduct
the investigation and It waa authorised
to employ stenographers and clerks, to send
for persons and parers and to administer
oaths. The sum of 13.000 was appropriated
to cover tho expenses Involved.
After providing that the committee shall
ascertain the amount of money nppro
prlated for the present fiscal year that
could be used to prevent frauds upon the
! several branches of tho public service with
particular reference to the public lands,
the resolution Instructs the committee to
ascertain "what branches of the public
service, paid for In whole or In part, out
of the United States treasury, are author
ised o- are In existence and supported by
appropriations made by congress, whose
principal duties are to detect and prevent
frauds, or to apprehend and bring to trial
and punishment persons charged with vio
lating the laws of the United States;
whether such branches of the public serv
ice or any persons employed therein have
been or are engaged In any duty not con
templated by the luw or the Appropriation
establishing or providing for such service;
the names of the persons employed, for any
period, in each branch of such service dur
ing the current and last fiscal year, the
rates of compensation and allowance paid
or being paid to each of them, by whom
they were appointed and oaf whose recom
mendation aid a statement of the specific
duty performed, or engaged upon by each
of such employes, each day since the be
ginning of the fiscal year 1S."
Few Callers at Whit House.
It is understood that there will be nothing
further from the president on the matter of
the secret service resolution adopted by the
house yesterday.
The list of Saturday callers from con
gress, usually Is Urge, but today there were
only four representatives to see the presl.
dent, two of these to Introduce friends.
They were Representatives Burton of Dela
ware, Ed wards of Kentucky, Parsons of
New York and Cooper of Wisconsin. The
callers from the senate also were few.
Fonrth Fatally Injured tn Destruc
tion of North Dakota Home
steader's House.
DICKINSON. N. D.. Jan. . Fire yester
day destroyed the home of Joseph Kohl, a
homesteader, living twelve miles from here.
Four young girls were alone in the house
and three of them were burned to death.
The fourth will not recover.
Ills Attorneys Announce thnt Their
Evidence Will All Be In
Monday Morning.
FLUSHING, N. Y., Jan. 9. -With tho call
ing of one or two minor witnesses on Mon
day morning, the defense In the trial of
Thornton J. H'alns will conclude Its case.
Prosecutor Darrln promised Justice Crane
this afternoon that he would only take an
hour more to get In all the evidence Upon
John F Mclntyre rests tho burden of as
sembling all the evidence which the defense
Hsaertsvhas proved that the defendant was
not a principal In tho killing of William E.
Annis at the Dm y side Yacht club last Au
gust. Mclntyre said that he would require
all of Monday's session to make his argu
ment. All of the session today was given over to
rebuttal of the evidence that James Tlerney,
the defense's eye witness to the shooting of
tho publisher, who was on the float when
the tragedy occurred. Members of the
Baysic"e Yacht club swore that they did not
see Tlerney.
Theso witnesses further declared that the
actions and appearance of Captain Peter
C. Halns were those of a rational man.
Prominent Resident of Harlan, In.,
Ends Life Hera use of 111
HARLAN. la., Jan. 9. (Special Telegram )
Captain J. H. Louis, formerly mayor of
Harlan, at one time a member of the leg
islature and an Incumbent of various
offices, was found hanging to a, rafter in
his barn at 8:30 this morning. He was
dead when found.
He had been seen going Into the barn by
members of his family about an hour be
fore and when he did not return to the
house search was Instituted, which resulted
In the finding of his body. Two weeks ago
he resigned as mayor, giving ill health a.
the reason. It Is believed he became de
spondent over his condition.
' Captain Louis was one of the. largest
property owners In Harlan and has been
prominent for years in local and state af
fairs. He leaves a wife and three children.
Many Escape In Night Clothes nnd
Others Try to Jnmp from
' Windows.
CLEVELAND. O., Jan. . Fire In the
basement of the Tavistock hotel early this
morning caused a panic among the guests,
many of whom left the hotel In their night
clothes. Police and firemen restrained sev
eral persons from Jumping from upper
story windows. The majority of the guests
lefi the building by way of the fire escapes,
the halls being filled with amoke. Richard
Domett, a fireman, fell from a ladder and
was serlnously injured, he fire was soon
extinguished, the loss being slight.
ew Zealand Timber Magnates De
mand Duty on Imported
WELLINGTON. N. Z., Jsn. 9. A great
conference of the timber trade was held
at I'almc rut on-north today to discuss the
quetl n of th Importation of Oregon
pine. The press was excluded, but several
of the delegates asserted after the con
ference that owing to recent wholesale Im
portation of pine, fully fifty saw mills
would close down Indefinitely. The mill
owners demand the Imposition of a duty
on all imported timber except in bulk.
Harper, Kansas, Man Believed to
Have Been Killed for Ills
HARPER. Kan., Jan. 9. Charles Johnson,
who lived alone near this city, was found
dead In his home early today. His hands
und feet were tied and there was a gag In
his mouth. It is believed that Johnson wss
killed for money, a large sum of which Is
missing from bis house. There is no clue
to the murderer.
List Prepared for House Must Have
0. K. of Bryan and Shallenberger.
Report of Committee Docs Mot Nnlt
Many of the Members and There
la Chance of m. Hot Fight
In the Caacus.
(From a Staff Correspondent.)
LINCOLN, Jan. 9. (Speclal.)-Speaker
Pool may be permitted to preside over the
deliberations of the house, but that
about nil.
H. R. Henry, the man he defoatnl for
speaker. Is In control of the comml'toe or
Mr. Bryan chose Pool for xpeaker and
thus satisfied the Burlington railroad und
the brewers. Then Mr. Bryan took 'rom
Mr. Pool a'., of his -authority nn 1 he 1 Im-
self named the standing comml'tec chi'lr
men through his lieutenants.
For the first time In the history of Ne
braska a complete list of all the landing
committees will be submitted to two met
for conflrmalon before they are officially
icported even to a caucus of the members
The two men to pass upon the commit ties
are Mr. Bryan, and Governor Shallenber
ger, and the information came from a mem
ber of the committee which Is selecting the
standing committees. He said:
"We will submit the committees to Mr.
Bryan and Governor ShalU lbi-'tier, after
which they will go to a caucus Monday
The only hope the delegation from Omaha
has In getting those chairmanships asked
for will be through Governor Shallenberger.
The governor Is under obligations to the
Omaha democracy and the Omaha delega
tlon has got In bad with the powers that
be. So Shallenberger Is the only hope.
Dr. P. L. Hall, banker of IJncoln and
vice chairman of the national committee,
used his Influence In keeping W. J. Taylor
from being chairman of the committee on
banking. Taylor Is opposed to any bill
which will make a farce of the guaranty
of bank deposits, such as that contemplated
by the bankers of the legislature, and for
that reason It was desirable that he be
kept In the background in so far as being
chairman of tho banking committee is con
Henry of Holt snd several other promt
nent candidates for speaker resented the
Interference of Bryan in tho organization
when he forced Pool down their throat
after they had the brewers and the Bur
llngton railroad about whipped, so it was
up to Mr. Bryan to appease the wrath o
this faction' of the houne. He did It by
taxing from Mr. Pool the authority to nam
Speaker Pool has intimated that he In
tends to have his way In the appointment
or committees, so when the list Is before
the caucus Mr. Pool may make a fight
but he won t. He could still fight It out
on the floor of the hose but it Is an even
break that he will not. Mr. Brysn has
taken all the fight out of both factions of
the house and not a single bill will be
enacted into law or a single bill of any
Importance killed without the responsibil
ity being solely at the door of the late
presidential candidate.
Following is a few of the chairmen said
to have been selected by the standing com
mittee, but the names will not be official
until they have been passed Uxin by Mr.
Judiciary Wilson of Polk.
Finance, Ways and Means Clark of Rich
ardson. Roads and Bridges Fries of Howard
Engrossed and Enrolled Bills Taylor of
Accounts and Expenditures Shoemaker
of DougUs.
Railroads Henry of Holt.
Telexraph and Telephones Bowman o!
Medical Societies Talcott of Knox.
Fee and Salaries Marian of Kearney.
Fish and Game Heffernun of Dakota.
Insurance Hnk of Hall.
Cities and Towns Thomas of DouglaB.
Hanks Gratf of Cuming.
Mines and Minerals Kuien of Gige (rep.).
Manufactures Fogartv of Greelv.
Soldiers' Homes Nettleton of Clay.
Irrigation Miller of Custer.
Deficiencies Murphy of Fillmore.
(Continued oa Esmond Pag.)
Peerless Leader Believed to Have
Turned Down Plan.
Thompson Furnishes Kerretsary of
Mate Junkln with Opinion Up
holding Canmsslng Board's
night to Cnnrnss Vote.
(From a Staff Correspondent.
LINCOLN. Jan. 9 -(8pecla1.) "I do not
think the democrats of this legislature will
ecanvass the votes on tho conxi'tutlonal
amendments. Very little Is to be gained
by such action and there Is a growing sen
timent against It among the members of
the majority. 1 Bhnll be much aurprled
Tuesday If the result of the Joint session
s In favor of the plan sprung by 8enator
Ransom upon the legislature."
This view was expressed todiy hy Rep
resentative Fted Humphrey of IincMter
county, son of one of tho plone-r tfeyio.
crats of the state capital, O. N. Humphrey.
and a young politician who has, It Is be
lieved, received his Inspiration from Fair
view. During tho Joint session for the
Inaugural ceremonies Mr. Bryan was seated
by Mr. Humphrey's side, and there are
numerous other Indications that he rm.y
be the mouthpiece of the Nebraska leader,
who has become frightened by tho lineup
against him in tho preliminaries and will
undertake to Influence tho house members
at least. If he cannot the senate, to follow
his desires.
Reprtsentattvo Humphrey waa busily
engaged in the office of tho secretary or
state during the entire afternoon looking
up tha record on tho amendment matter
an.l nonsuited a number of original docu
ments to become fprtlfted when the bat
tle begins again on the floor In Join ses-
"Senator Ransom sprung the matter In
caucus when the senators had been called
together for another purpose," said Rep
resentative Humphrey. "They were un
prepared and were taken by surprise,
without due time to investigate. You
will find a great change In sentiment by
This is but one Indication of the alti
tude of the democrats to the plan to
seize the court, whfch at the outset had
the full consent of Governor Bhallen
berger, as the Douglas county senator
stated In caucus. It Indicates a decided
split among the leaders of the parly and
It but one of the uppercuts In stoi for
the big chief from the metropolis.
Opinion of Attorney General.
Attorney General Thompson, In an opin
ion written In answer to an Inquiry from
the secretary of state, today said the Stato
Canvassing board had a legal right to can
vass the vote on constitutional amendments.
The opinion discusses the question at
length. In part the attorney general says:
'From tho provision, of the law quoted
It Is evident that the State Canvassing
hoard Is the only body having Jurisdiction
over tho returns on constltutionsl amend
ments, presidential electors, Judges of su
preme snd district courts and regents of
the State university. These provisions of
the law are meaningless unless they fix
upon the Board of State Canvassers the
duty to canvass the returns on constitu
tional amendments. If not, why does the
law place these returns In the custody of
that board and then prescribe the proce
dure and their duties In making the can
vass? If the legislature had Intended that
the returns on constitutional amendments
and the officers designated above should be
canvassed by that body It would have so
provided, and made the abstracts of votes
cast therefor returnable to the speaker of
th house of representatives. In other
words, instead of providing that the county
clerks of the various counties make return
to the1 Board of" State Cunvassers In the
manner provided by section 83, chapter
xxvl. Compiled Statutes of 1906, It would
have required them to make return to the
speaker of the house of representatives In
the manner provided by section fil of the
same chapter, which deals with an entirely
different class of officers.
"Certainly it cannot be contended with
reason, that the legislature required the
return o nthese amendments to be placed
In the hands of the board of state canvass
ers, who had tho exclusive right to can
vass the returns on a speclflo class of of
ficers, and at the same time Intended that
the legislature Itself should have th right
to make the canvass thereon when its
jurisdiction to make a canvass Is limited
to an altogether different class of officers
designed by another provision of law. No
provision Is found, either In the constitu
tion or the statutes, wheh directly or In
directly places the returns on consttutlonal
amendments In the hands of the speaker of
the house of representative or which di
rectly or Indirectly authorizes the legisla
ture to canvass the same.
ever Before Questioned.
"The board of state canvassers has can
vassed the returns on constitutional amend
ments continuously for a period of twelve
years. Its right to .so act has been con
ceded and acquiesced In by the various gov
ernors and public officials. Thus the law
conferring such authority upon the hoard
of state cunvassers has received a practical
construction by tho offiei.ila and various
departments of state for a long term of
"Under the statement submitted by you
the result of the vote on these amendments
was duly certified to the governor and ht
made a finding that they had carried and
issued his proclamation declaring them part
of the constitution of the state. He then
appointed four Judges of the supreme court
us rpovlded In the one relating to Judicial
j powers. In view of tin- fact that there Is
no express rpovlsions for the canvass of
the ertums on constitutional amendments,
that there Is no board or tribunal to which
the statute directs thesu returns to be made
other than the state canvaslng board, and
having due regard to the contemporaneous
construction placed upon tho law by tho
officers of the state for twelve years ami
for the other reason herein pointed out, I
conclude that the board of state canvassers
was the legal constituted body to make
the canvass of returns on said constitu
tional amendments and that Its gets and
finding In th premises, as well as those