The Omaha, Daily Bee
VOL. XXXVIII NO. 179.
OMAHA, THURSDAY MORNING, JANUARY 14, 1909 TEN FACES.
SINGLE COPY TWO CENTS.
NEW REGIME IN CUBA
SUMMARY OF THE BEE
RAILROAD BILL IS BLOCKED
PEACE DOVE HOVERS
..v r '...'?':i3n-
Thursday, Jannirf 14, 1909.
909 J ANUARYI909
5U MON TUt WtO THU FRI SAT
Mann Objects to Measure for Chanje
Senate and Home Hold Mild Sessions
of Right-of-way Over Niobrara.
After Tuesday'! Storm.
'. . V .:rmM f ill, h II II II li
I
8
2
9
TO BE CALLED UP IN THE FUTURE
K0PEWELL GIVES SENATE CUE
Meeting; of Congress Yesterday Marks
Beginning; of Intervention.
ELDEST MEMBERS PEE,
Initial Session i Devoted to Passit.
Upon Credentials
MAGOON RETIRES THIS MONTH
OoTernment Will Be Tonnally Turned
Orer to President Oomez.
PROGRAM OF ADMINISTRATION
First Measure Will Provide for
LmlliMloa of Cork Flahtlau;
and Creation of National
Lottery
HAVANA. Jan. 13. Although the rein
of self-government will not be officially
turned over to tha Cuban authorltlea until
January 28, when the Inauguration of Pres
ident Miguel Gome and Vice President
Alfredo Zayas will take place, the meet
ing today of the new Cuban congress In
Initial cession marked the beginning of the
rnd of the second period of American Inter
vention In the Island, which began with
the breaking out cf the revolution In Au
gust. 190.
The purpose of the meeting was merely
to pass upon the credentials of members
At the senata building there was no out
ward Indication that an important change
In government affairs was beginning. The
twmty-four senators' met shortly after noon
und submitted their credentials, and these
will l canvassed by a committee before
permanent organisation of the body la ef-f'-ctert.
The eighty-two members of the
hmie gathered in the new house of repre
sentatives building. The sessions In the
senate and the house both were of brief
i uratlon and unattended by the formality
of rpeecli making.
Fvr the first time In the history of the
republic the house enjoyed the dignity of
cccuplnt; Its own home, having met dur
Ing the farmer period of Independence in
an old tnltncco warehouse. The new quar
ters are Quit palatini. A crowd of two
cere pors1 ns gnlhered outside the building
an tho house met, but only a few of them
gained admission to the gallery, owing to
the limited apace there. A much larger
crowd gathered throughout the day to
watch the progress of work on the massive
plaster triumphal arch that la being erected
tear Central park for the Inaugur'tHn on
January 28.
Eldest Members Preside.
In both tha senate and the house the pre
siding officer, who today was the eldest
member of each body, slta at the end of a
quadrangular hall, the legislators sit In
long rows facing each other in' typical
Cuban fashion, their aides to the presiding
officer' desk.
Several of the senators were hold-over
member from th congress dissolved in
IMS, when the American government as
sumed direction of affairs following the
revolution..' The members of the house are
all new, having been chosen In the recent
election. The Sana tor and representatives
are a substantial looking body of men.
The sessions opened with the tinkling of
a bell three times as a preliminary signal
and then once five minutes later. There
was no formality of prayer as In the Ameri
can congress, but an Immediate commence
ment of business. The decree Issued by
Provisional Governor Ms goon convoking
the congress make a very strict require
ment tor the attendance of members.
Neither senator nor representatives will
receive pay when absent from roll call
without leave and neither house will be
permitted to grant leave of absence to
more than one-sixth of It membership at
one time. . These rules have been the sub
ject of much discussion among the mem
ber and undoubtedly will be amended a
soon a the Amorlcana quit the Islands.
Cock Fighting sad Lottery.
Bill establishing cock fighting and a
national lottery will be among the first to
be Introduced. The Liberal party is said
to favor a lottery and it member are
openly announcing that -a bill providing
for cock fighting will be one of the first
measure to be Introduced. The party also
favora a liberal educational program, a
law providing for the arbitration of dis
putes between capital and labor and the
appointment of a commission to revise the
tariff. The conservative embershlp of each
house I only sufficient to cover the con
stitutional requirement that there be a
minority party.
The Second period of American Interven
tion ha been made a unobtrusive pos
sible. Although there, are still 4.0CO troop
here, very few of the men are seen In the
street of the city, the khakl-clad Cuban
rural guard and the Havana police dressed
In gendarme fashion In light bluo uni
form having the entire responsibility for
the maintenance of order. The Cuban flag
has floated over the palace throughout the
rule of the provisional government. Gov
ernor Magoon In reality having been a
Cuban official for tho time being, acting
under the Piatt amendment to the Cuban
constitution,
Governor Magoon Is preparing a fare
well decree for promulgation January 28,
declaring re-establlalied the ordinary agen
cies and methods of government and turn
ing the government over to President Go
mel and congress. The purpose of Amer
ican Intervention to restore order and peace
and public confidence will be declared to
have been accomplished.
NOTED FORGER UNDER ARREST
Jaaeea Sadden, Who Operated In the
I'alted States, Taken at
Montreal.
MONTREAL. Jan. It Jame Sugden,
alia William Lewis, n alleged forged
check operator on an extensive sale, was
arrested bare yesterday on susplciou of
attempting to defraud a local bank. The
man Is said to have operated extensively
in St. Louis. Chicago, Boston. Philadelphia.
New Tork. Baltimore and other American
cities. Deposit books on varioua banks in
the cities named are said by the police to
have been found In hi possession.
MRS. M'DOWELL NOT GUILTY
Woman Charged with Ten Thonaaad
Dollar Diamond Robbery Ar-
PlTTSBl'RG. Jsn. ll.-Wrs. Lillian Mo-
Powell, who wis arrested In Chicago aev
eral weeks ago aa an accessory to the
robbery of llO.ou) worth of diamond from
a Pittsburg jewelry store and1 brought te
UU eity, wa today touud not guilty.
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ATT A. COUNCIL BLUFFS AND
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VICL - f Rnow Thursday; allghtly
WKmvr tonight.
FOR NKHRASKA-Snow Thursday.
FOR IOWA Snow Thursday; slightly
higher temperature.
leraperature at Omaha yeeteruay
Hour.
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DOMESTIC.
Twenty-six bodies have been taken from
tlto mine at Bluefleld, and estimates of
dead still run from 85 to 100. Pag 1
IlliPolM deadlock Is broken temporarily
anl Deueen and other republican offlcera
ars declared elected. Page 3
Pennsylvania mllltta company Is on the
trail of six masked robbers who held up
and beat three aged people near Jeanette.
Pair 9
Pro?. Abbott V. Lowell I recommended
by corporation for president of Harvard
a successor to Charle W. Eliot, Pag 1
XXB&ASKA.
Judge Corcoran at'Hastlngs decides con
tract between Independent companies not
to connect with the Bell telephone system
to ba void a contrary to public policy.
Pag 3
Motive back of fight on supreme Judges
may be an indirect attack on validity of
Railway commission amendment to the
constitution. Pag 1
LOCAL.
Local democrat have come in the open
and are scrambling for Joba a council-
men. Pag 5
The Union Pacific has adopted a plan of
concentration, having eight assistant su
perintendent reporting to one central
offlco on the Nebraska division. Pag 5
Officer of the Independent Telephone
company are adjusting financial condi
tion with men from the east Pag
POST.
Ir terest is being worked up In the big
wrestling match at the Auditorium Friday
night Pge 7
OOnmOIAIt AJTD Z3fSUSTXIAL.
Live stock markets. Pag 7
Grain market. . Pag T
Stock and bond. Pag 7
MOVEMZSTTI OP OCZAJT STSAJiaXXPS.
A t 1 1 f t .
. It D'luWIa...
, Kintmnd.......
.Pcruslft
..lncatiitn..
alls.
NKW YORK...,
NSW YORK..,.
NAPLES
LONIION
LIVERPOOL....
OHRItlTlANIA.
VENICB
BREMKN
GLASGOW
. in OloraaaL
.Havtrfora
Unltl suts
. M. Wanhlnston...
. K. W. Der OroH
Florida.
. Wlnlfrdtan
BOSTON.
PHILADELPHIA. Numldttn.
QUAKE COVERS NORTH ITALY
No Damage Is Done, bat
Tremors Throw People
Into Panic.
the
ROME, Jan. IS. A llght earthquake wa
experienced at an early hour this morn
Ing throughout Lombardy, Venetla and Tus
cany. No damage wa done and no one
wa injured, but owing to the general un
easiness resulting from the recent visita
tions In Calabria and Sicily the people
for a moment were thrown Into a condi
tion bordering on panic.
According to the records of the obser
vatories, and especially the establishment
maintained at Florence by the Jesuit
fathers, the center of the disturbance was
near Lelmbach, Saxony.
The quake wa strongest in Italy at
Trevlsco, sixteen miles north of Venice.
Relsl, the birthplace of the present pope.
Is located In this territory.
The first reports that came Into Rome
were alarming and people feared a repeti
tion of the catastrophe of December 28; but
prompt use of the telegraph soon brought
out the fact that the shocks had not been
severe and that no damage or loss of llfo
resulted.
FRANK SHERCLIFFE ON TRIAL
Former Iowa Man Arraigned on
Chare of Hobbery In First
Decree at St. Panl.
MINNEAPOLIS. Jan. 13. The trial of
Sherman Morris, alias Frank Sliercllffe,
charged with robbery in the first degree,
begun here today. Morris served time In
Iowa for a sensational diamond robbery,
and escaped from a train In Colorado while
being taken to prison to serve a twenty-five-year
aentence for murder. He Is
charged with holding up passengers of a
Northern Pacific train In the Minneapolis
city limits Isst spring. Owen Ball, now
serving a prison sentence, made a confes
sion Implicating Shercllffe.
FATAL FIGHt ON MULEBACK
Man Behind "tab Man la Front
Death and Then Dis
appears. to
ATLANTA, Oa., Jan. 11 While both
were riding on the same mule, William
Nix, who sat In front, waa cut to death
by his brother-in-law. Bright Qllstrup, two
miles south of Cleveland, Ua., Sunday
night. GUstrap. according to report, stabbed
Nix seventeen times.
Gilstrap t Id several people of what
he had done and then disappeared. It It
said that both had been drinking.
SOFT COAL PRODUCT SHORT
Derreaae In Ontnnt Aaertbed to
Klnanrlnl Depression Last
Veer.
WASHINGTON. Jan. lS.-Bitumlnoua coal
production In the I'nlted States In 1908
reached between 120.000,000 and 330,000,000
ton, according to the geological survey,
against more than 4O.C.uij0 tons In 10 7
Thia decrease Is attributed to the flnuncial
depression In the latter year, which In the
bituminous regions was most keenly felt In
the coking branch of the industry.
Illinois Representative of Opinion.
the Interests of the OoTernment
Are Not Sufficiently Safe
guarded at Present.
(From a Staff Correspondent)
WASHINGTON, Jan. IS. (Special Tele
gram.) Representative Klnkald today suc
ceeded In getting before the house his bill
to grant an additional right-of-way to the
Chicago A Northwestern Railway company
over and across the Fort Niobrara mili
tary reservation, and after considerable de
bate, in which Representative Martin par
ticipated, the measure was laid aside upon
the objection of Representative Mann of
Chicago.
Representative Mann of Illinois, who ob
jected to consideration of the bill, stated
that personally he hat no objection to the
bill, but It was defective In that there wa
no clause permitting the government to
change the right-of-way at any time. He
believed that this was a defective feature
of the bill. Judge Klnkald, who wa In
charge of the measure, stated he wa not
in a position to consent to any amendment.
as It was a senate measure, and without
mentioning Senator Burkett Intimated that
he would have to consult with those In In
terest before he would accept the sugges
tion from Mr. Mann. The bill therefor
went over without prejudice.
Ben White, who ha been looking after
this bill since the assembling of congress
after the holidays, saw In the objection of
Mr. Mann a covert attempt to defeat the
measure, and he began a systematic round
up of the military affairs committee of the
house, which had reported the senate bill.
hoping to have Chairman Hull' Influence
In passing the bill on the next - call.
Whether there Is a "nigger In the wood
pile" so far as the change of the right-of-way
over the Fort Niobrara military reser
vation Is concerned remain to be seen.
The representations of the Northwestern
attorney, Mr. White, were thoroughly sat
isfactory to the military authorltlea, who
reported favorably on the measure when It
was introduced In the senate.
BUI to Reimburse Bank.
Senator Gamble today Introduced a bill
directing the secretary of the Interior to
pay to the First National bank of Belle
Fourche, S. D., $19,860. This sum was paid
out by the First National bank to laborer
for their time checks given by contractor
engaged In building the main supply canal
of the Belle Fourche irrigating project
No part of the sum advanced has ever been
repaid to the bank. The government 1
now and has always been In possession of
the works built by the labor for which
the bank advanced the money.
Minor Matter at Capital.
Representative Martin today Introduced
In the house Senator Gamble's bill au
thorizing the creation of a new land dis
trict in South Dakota, to be known a
the Bell JPourch land district. ,
W. A. Meserre of Crelghton, Neb,, ar
rived in Washington today on business
before the Indian bureau.
, W. H. Tackett of Gregory, fl. D la In
Washington to Join others from Gregory
to endeavor to secure the location of a
land office at that point
Roy E. Thompson has been appointed
postmaster at Normal, Lancaster county,
Nebraska, vice N. Henlino, resigned.
John M. Garnett of Omaha has been ap
pointed clerk in tjie Treasury department
Captain W. B. Cowin of the Eighth
cavalry and Mrs. Cowin arrived in Wash
ington today from a short visit to Canada
Captain Cowin, who recently received his
promotion, has been on leave since De
cember 8. hevlng had recent station at
Fort Sam Houston. His new station will
be at Fort D. A. Russell, Wyo. Captain
and Mrs. Cowin will remain In Washington
for a few days and then will go west by
way. of Philadelphia and Cincinnati.
On the recommendation of Congressman
Burke,, Dr. M. C. Johnston has been ap
pointed pension examining surgeon at
Aberdeen, S. D., vice Dr. W. C. Fowler,
deceased.
NO BASIS FCR INVESTIGATION
Senators Bay Tillman's
Violation of La
1 Balk Inquiry.
WASHINGTON. Jan. 13. Senator who
have given consideration to the demand
made by Senator Tillman for an Investiga
tion of the 'senate of charges made by
President Roosevelt In connection with the
senator's attempt to procure Oregon lands
Incline to the belief that there is no ques
tion before the senate for an Inquiry ex
cept as to whether Mr. Tillman waa frank
with his colleagues In discussing the case.
The opinion Is held generally that even
If the chargea made by the president were
true the act of Mr. Tillman was not
violation of law. No member of the com
mittee on privileges and election Is In
clined to present a resolution calling for
an investigation and it one is Introduced
it Is likely that Senator Tillman himself
will be the author. His friends, however,
are determined to advise him against In
ststence upon his request for an Inquiry.
WASHINGTON. Jan. 12. Answering
reference by Senator Tillman In hla speeel
yesterday to an incldtnt of several year?
ago, when Mrs. Charles Minor Morris wa
ejected from the White House, Secretary
Loeb today made public letters from Mrs.
Morris' son, L. T. Hlghlcyman of St. Louis,
and Francis J. A. Barr of Somerset, N. J,
bearing on Mrs. Morris' actions. The letter
from Darr, addressed to the president un
der date of September 21, says:
"I am writing you my amende honorable
for a great mistake I made three years
ago."
Thl refer to Parr belief expressed a
that time that Mrs. Morris had suffered
great wrong in her ejectment. The letter
from Hlghleyman, referring to Mr. Mor
ris, says:
"I can only hope that she will do nothing
raah In Washington; however, every mo
ment, I expect something to happen
POSTAL BANK BILL ADVANCED
Additional Amendment Ar Conald
ered in Senate and Rarnery
peaks In Opposition.
WASHINGTON. Jan. li.-Th bill look
Ing to the establishment of postal saving
banks waa further advanced today by the
consideration of additional amendments
which were accepted at the trme, but wtl
be subject to objection when the measur
comes up for final consideration. Purine
the day Senator Rayner will present some
constitutional objection to th plana cm
bodied in th blU.
AT
From the Chicago New.
DEAD TAKEN FROM MINE
Twenty-Six Bodies Are Recovered at
Bluefleld.
EIGHTY COFFINS ARE ORDERED
Estimate of Death List I Still Be
tween Eighty-Five and One
Hundred Survivor Tell
Strange Tale. .
BLTJEFrELD, W. ' Va. Isn. ., 13. Rescu
arew worked incessantly nil night at Lick
Branch coal mine, the scene of yesterday's
explosion, and at t o'clock today twenty-six
bodies had been recovered. There is no
Change in the estimate Of dead, the num
ber ranging from eighty-five to 100. Iden
tifications proceeded slowly throughout the
night, as but few were present at the
morgue on account of the cold.
It is not likely that any more bodies will
be brought to the surface until late this
afternoon, although brattice and rescue
crews will work all day and into the night.
relaying every few hours with fresh forces
of men, who have volunteered from all
over the coal field. It was learned early
today that the company had ordered eighty
casket and robes.
A carload of necessities were shipped to
the scene of the disaster today. James W.
Paul of Pittsburg, representing the United
State geological survey, Is expected here
today with a number of assistants. West
Virginia mine Inspectors are arriving at
the mine with every train, but they are
almost continually In the mine and all ef
fort to talk with them concerning the
cause of the catastrophe are futile. One
of the most remarkable features of the ac
cident is the escape of Cleve Bowers, a
mine foreman, who crawled on hands and
knees from the mine while fire, smoke
and deadly gases belched forth over him.
Bower Is the only man who reached the
surface alive and, although he lie in a
hospital with two broken ribs and other
injuries, it is asserted today he will prob
ably recover.
CAMERON MUST GO TO JAIL
Conrt Refnses
Ball to Magnate Con
of Offering
Bribes.
vlcted
PITTSBURG. Jan. 13. Judge Brown,
Ford and Van Swearlngen, sitting today In
quarter sessions court, unanimously refused
to permit Charles S. Cameron, president
of the Tube City railroad, convicted yes
terday of offering a bribe to Councunan
William A. Martin, to give ball. Following
his conviction Cameron's bail was increased
from 110,000 to 820,000, and counsel for the
prosecution pointed out today that Cam
eron had once before forfeited 112,000 ball
by going to Canada. The maximum pen
alty In this case la five years' imprison
ment and a fine of 110.000.
Counsel for Cameron today filed a mo
tion for a new trial and arrest of Judg
ment.
GROOM-TO-BE KILLS HIMSELF
Aet Follow Derision of Bride to File
Criminal Complaint Instead
of Wed Him.
SHENANDOAH. Ia.. Jan. 13. (Special
Telegram.) A. I McClanahan of eight
miles south of here committed suicide lost
evening by taking strychnine. He hod ob
tained a marriage license to wed Mabel
Chester, daughter of Joe Chester, a well-to-do
farmer of the vicinity. Her father pro
tested and had her swear out a warrant
charging McClanahan with a statutory of
fense committed several weeks ago. He had
courted her for about two years. The In
quest was held today.
BURTON NAMED FOR SENATOR
Ohio General Aasembly Declare Him
iMtimr of Joseph B.
Foraker.
COLUMBUS, O.. Jan. 11-The general aa
sembly of Ohio in joint session today offi
cially declared Congressman Theodore El
3urton of Cleveland th successor of Jo
eph'B. Foraker in tho United Stats aea-
TILE END OF TILE DEBATE.
FATAL FIRE INJHIGGINS' HOME
Mother of Railroad Masjnnte Killed
and Other Member of Family
Badly Hort.
. NEW HAVEN, Oonn., Jan. IS. -In a fire
that destroyed the residence of Samuel
Hlgglns, general manager of the New Tork,
New Haven Hartford railroad, here
early today hi mothor lost her life, his
mother-in-law, Mrs. M. EX Corbln, waa
probably fatally hurt and his wife, daugh
ter Isabel, his young son and Mr. Hlgglns
himself barely ' escaped death by jumping
from a aeeond-story window.
Mrs. and Mis Hlgglns suffered broken
legs and Mr. Hlgglns was badly bruised.
The .young bob, Harold, escaped without
Injury. A ' colored cook Jumped from a
third-story window landing on the roof
of the veranda.
As quickly as possible the injured per
sons were removed to a nearby residence
and medical aid summoned. The cause of
the fire, it Is said, was an overheated fur
nace. Mr. Hlgglns wa awakened by what
sounded to him like a stream of running
water. In a moment, he says, he smeiled
smoke and then realised that the house
was on fire. He rushed from his room to
that of his mother and endeavored to rouse
her by pounding on the door, but, owing to
her deafness, he thinks, she did not hear.
Mr. Hlgglns, groping through the smoke
and flames, rushed to each room, arousing
all the members of the family. He had
hoped that his mother was up. He tried to
get back to her room, but the fire cut off
his way.. It waa then that the rest of the
family gathered at the window and
Jumped for their live.
The residence was on very high ground
and the consequent low water pressure j
..! hlnr. th firemen In their flht
B .....
The house occupied by Benjamin Campbell,
a vice president of the New York, New
Haven & Hartford railroad, took fire, but
the flames were extinguished. The loss Is
estimated at $76,000.
HEAVY LOSS FROM COLD WAVE
Oklahoma Cattle Freeae oa Range
Gas Break Cause Mnch
goffering.
KANSAS CITT, Mo., Jan. IS. -Milder
weather prevailed In western Missouri, Kan
sas and Oklahoma today, with a continued
fall of snow. The temperature had risen In
the poet twenty-four hour and generally
wa recorded above the ero mark. More of
less delay to railway traffic waa experi
enced, however, and on the range, particu
larly In Oklahoma, a heavy loss of cattle
by freexlng was reported.
Thirty thousand people of Muskogee,
Wagoner and Inola. Okl., were without
fire today as a result of the breaking of
a gaa main at a point between Inola and
Claremore. The three town mentioned
depend In a great measure upon the natural
gas for heating as well as lighting pur
poses, and there consequently waa much
suffering.
ST. LOUIS. Mo.. Jan. 13. A renewal of
the snow fall In this faction today caused
Increased trouble to railroad officials. All
trains from the wts; and southwest were
delayed from one to siv hours and suburban
traffic was also hampered. Report to the
local weather bureau thowtd the storm to
be general over Missouri und Northern
Arkansas. Southeastern Illinois also wa
affected, the movement being to the north
east toward the lake region.
RATE COMMITTEE IN SESSION
Western rinaslfleatlon Officials Rep
resenting Seventy-One Line
Meet at Mobile.
MOBILE. Ala., Jan. 13. The Western
Classification committee, with representa
tives of seventy-one lines present and half
a hundred head of transportation com
panies and Industries, convened here to
day and will be In session ten days or
more. The members of the committee
reached this city early thl morning on a
delayed special train that met with many
delay on account of tha extreme cold
weather from Chicago south. F. W.
Becker of Chicago, presided over the meet
ing with F. W. Meadows In the secretary's
chair. Representatives of big shipping and
manufacturing Interest are appearing be
fore th committee for the adjustment of
freight rate.
NO CHANCE FOR NEW JUDGES
Supreme Court Has Already Pawed on
Point Raised by Ransom:
OPINION BY JUDGE SULLIVAN
In Merrick Connty Caae Omission of
Kotlce of Repeal in Title of Bill
Does Not Invalidate the Law,
Sny the Conrt.
(From k Staff Correspondent)
LINCOLN. Jan.. 18. tSpeclal.) The
high-handed action of the democratic leg
lalaturb yesterday In making the . firs
move toward disrupting the supreme court
and starting a campaign which may end
In the calling out of the militia is still
tho talk of the hotel lobbies. The enormity
of the action Is forcibly brought to ligh
when considered along with a decision
of tha supreme court involving the ldentl
cal question passed upon yesterday. This
decision waa written by Judge John
Sullivaii and 1 directly contrary to the
position taken by Frank Ransom and hi
democratic follower.
The basis of the attack on the cour't
yesterday by the democrat waa a claim
that the law of 1895, which repealed th
1877 law, waa not legally passed by th
leglhlature because the repealing clause
was left out of the title when It went
through one house. The 1877 law provided
that tho legislature should have the right
to canvas the vote cast on constitutional
amendments, so If the 1895 act is uncon
stlttitlonal, the democrats held the 187
I 'aw w ,n
! A case tried in the suDreme court from
Merrick county involves exactly the same
point of law. It wa claimed by th
Union Pacific railroad, the plaintiff, that
a law wa not constitutional becaus
when the bill reached the governor it had
a different title from that which It bore
when It passed the legislature. Judge
Sullivan wrote the opinion and In hi
syllabus he said.
' Opinion by Supreme Conrt.
An immaterial charge In the title of
legislative bill, wherever made, 1 with
oui legal erieci.
In his opinion Judge Sullivan said:
The constitution regards substance rather
than form; It requires that the subject of
legislation shall be clearly expressed in the
title of every bill, but beyond this it does
not go. The form of the expression Is at
all times a matter of legislative choice.
We bjlleve it has never been held that the
subject of legislation must be expressed
In the title of a bill in exactly the same
language when the bill receives final legis
lative assent and executive approval. It
may be further remarked that the expres
sion In the title of an intention on tiie part
of the legislature to repeal the amended
section or all acts and parts of acts Incon
sistent with the new law, was altogether
unnecessary. That part of the title served
no useful purpose; It had no function to
perform; it was. a mere redundancy and
might have been stricken out of both tltlfs
without changing their meaning or legal
effect. An amendatory art cannot become
effective without expresitly repealing the
amended statute and repealing by Implica
tion of repugnant or InconHiHtent laws.
hence an intnilon to repeal is uiwjys n coi
sarily Implied und need not be expressed
In order to apprise the memhers or the
legislature and the public that the new law
If adopted will take tho place of the old
one.
Judge Sullivan also gave his endorsement
of the action of the state canvassing board
to canvass the vote and the right of the
governor to appoint judges by accepting a
judgeship from Governor Sheldon.
But In the face of that, all of which was
told then by Taylor of Custer county, the
stock yards attorney was able to line up
the majority in an attempt to disrupt the
supremo court of the state.
New Motive for Attack.'
It develop that Senator Ransom In
fighting for a new supreme court may
have directly In view an attack upon th
legality of the constitutional amendment
by which the railway commission a as
created, and that he hopes at least to
make It Impossible to delegate new powers
t the commission at this session.
The amendment creating the board was
declared carried by a proclamation of Gov.
ernnr Mickey on the returns of the can
vassing board and not on the declaration
of the legislature.
The same point Is Involved In the su
preme court amendment and a decision
that the latter wa Illegally declared car-
(Continued on Third Page.)
Last Legislature Sets a Mark for
Present One to Match.
TEBBETS TALKS OF HARMONY
Howell of Douglas Also Speaks Along ,
the Same Line.
COMMITTEES START ON JUNKET
State Institution to Be Malted
While Legislature Rest Intll
Printer Get Bills
Ready.
(From a Staff Correspondent.)
LINCOLN. Jan. IS (Special.) Gentle lan
guage supplanted the louder tones of de
bate and partisan oratory In the legislature
today and In the senate there were expres
sions of good will and a desire for "peace
on earth."
Lieutenant Governor Hopewell, who has
not had an opportunlty-to address the mem
bers of the senate before, chose the time of
opening of proceedings to make a brief ad
dress, In which he felicitated the members
on their election, reminded them of the
vastness of the interests they represented
and gave them a hint they have omethtng
to live up to when they follow fter the
session of 1907.
A brief address was made by Senator
Tlbbets, president pro tern., to whom the
lieutenant governor surrendered the gavel
for the morning session. Senator Tlbbets
declared the thirty-first session of the leg
islature would be a business men's session,
and ho believed bills of wide Importance to
the state would be considered without re
gard to party affiliation.
This sentiment waa repeated by Senator
Howell of Douglas county, who expressed
the belief, In which he said ho thought all
concurred, that nothing but the best of
good will could possibly exist. None of tho
speakers made even a covert reference to
the events of he day before.
Both branches tf the legislature were
wllhout business to transact soon after
the presiding officers called the bodle to
order. The Introduction of bill was all
tl at took place to enliven the proceedings.
in tne house Armstrong of Buffalo in
troduced a measure to provide for six
deputy oil Inspectors, instead of five aa
at present. Brown of Sherman ubmlttod '
a county option bill and Thomas of Doug
las presented the measure providing a
pernon for Omaha firemen and nolle a
officers. .
In the senate the record sot on the own.
Ing day wa lived up to religiously, and
when there was nothing else to do the
member sent a few more measures qn
their way to tho committee grind. Among;
these wa Senator'Klpg' UH amending
the divorce law In accordance with th '
action of the national congress held at
Washington two year ugo.: Th same
measure was considered at Ihe last ses
sion "nd defeated. .
BUI to Herniate Sleeping Car.
A bill regulating Pullman car fares wa
also aubmltted by Senator King. Oil! of
Valley produced hi measure giving the
governor the right to specify one news
paper in a county that shall print consti
tutional amendments. Banning of Can
revealed that he Is seeking to place the
sheriff's oflce on a fee basis again, while
Fuller of Seward Introduced a base bait bill
giving the right to play the game outside
the corporate limits of any city, village or
town on Sunday. Ollis brought forth a
bill placing tho clerk of tho supreme court
on a salary of J3.0O and leaving open the
question whether ho I entitled to the addi
tional 81,500 allowed by the constitution as
lib.-arian. The Myers bill for three ex
perimental farms in north Nebraska ap
peared, as did one by Dler of Tork to ex
clude university and college student from
participation in election at the college
site when they have a permanent home
elsewhere In the stat.
The senate committee on public land and
building 1 to .begin the biennial Junket to
the state institution at once and will start
tomorrow morning for Grand Island, leav
ing here at 11 o'clock. It I the expecta
tion the house committee member will Join
the senatora and that while the Mil al
ready Introduced are being printed there
shall be an adojurnment of the legislature
lasting until next Monday or Tuesday. This
has not been definitely decided Upon, but
there Is no work either for committee or
member in session and an adjournment
probably will expedite business In th long
run.
The first visit of the Inspection committee
will be to tho Soldier' home at Grand,
Island, following which th Boys' Industrial
school at Kearney will be gone ovtr and
on the return the Insane hospital at Has
tings is on the itinerary
Tonight a number of member accepted
the invitation of the convicts of th state
penitentiary and attended a minstrel show
and entertainment given by them at tha
Lincoln insitutlon for correction.
CAUCUS OF OPTIOX SENATORS
Some Disappointment Expressed
at
Brun'a Attitude.
(From a Staff Correspondent.)
LINCOLN, Jan. 15. (Special.) County
option advocates of the senate met In se
cret caucus last night to dlscub way anl
means of getting through a county option
bill. All of the senator present pledged
themselves to secrecy regarding th aotlon.
The following were present:
Klnc of Polk. Brown and Miller of l.nn.
easier. Wiltse of Cedar. Cox of Hamilton.
naraaii or wavne, tioamson of Huffalo,
Warren of I'helpa, Gammtll of Gosper.
Thl meeting is considered of import
ance In view of the fact that some of the
county option advocates ar reported to
have become weak-kneed because Mr.
Bryar. ha given them no Instruction to
paas a county option bill.
It Is reported on good authority, and
the Information come from an advocate
of county option, that Mr. Bryan' atti
tude on the liquor question I a great dis
appointment to the option member of
the legislature and this clement ha failed
to receive any encouragement at hi
hands.
Tiie Ut-HUon will be put up to hlia
squarely and he will be. forced to show hi
hand either for or against the bill or may
he go away for awhile.
Mr. Bryan Is trimming his sails to run
for the senite two year from now and
there is no doubt am ing the members of
tho legislature who sre kwplng tab on
events. The Humphrey Mil, which Is a
pattern of the Orego.i 14 providing for
the United State senators by direct vot
ia beliavd to tav been Inspired by tU
1