The Omaha ; Daily Bee
VOL. XXXVllI-XO. 188.
OMAIIA, THURSDAY MORNING, JANUARY 21, 1909 TWELVE TAGES.
SINGLE COPY TWO CENTS.
I
FIFTY TIME DEAD
SUMMARY OF THE BEE
CUTTING BUILDING LEMON
iNO FIGHT FOR JUDGE
Thursday, Jurr SI, 1DO.
Nebraska and South Dakota Senators
Secure a Slice.
BEECXENRIDGE BACK FROM CUBA
Thinks Polltlral I'smt la the Island
Will Ultimately Force Vnlted
States to Interfere Again
to Preserve Order.
(From a Staff Correspondent.)
WASHINGTON. Jan. 20.-(Speclal Tele
gram.) Beatrice will be able to expend
$15,000 for additional ground for the post
office building If the report secured todsy
by Senator Burkett from the committee on
public building and grounds meets with
no mishap. At the committee meeting this
Explosion in Powder Home Sets Tire
to Crib in Chicago HarV-. -
Silai A. Holcomb Declines to Brine
no JANUARY 1909
SUN WON TUt WtO THU FRI SAT
Action for Place on Bench.
I
2
NINETY-FTVE MEN ON 8TB,
SULLIVAN IN SIMILAR HOOD
3 4 5 6 7
V i
8
9
Fifty-Three Bodies BecoTere
Other. Are Accounted For
10 II 12 13 14 15 16
Chances Are, Therefore, Ransom's Ef
fort Will Go for Naught.
17 18 19 20 21 22 23
2 2526 2728 2930
ICE HINDERS WORK OF. m '
smjsssnmnnme, "
Tugt Make Their Way Throu
Heavy Floei with Difficul'ij. '
BODIES ALL BADLT BURNED
None ef Thm Have Been Identified
nil Official List of Mlaslas;
Will Probably stand for
Death List.
CHICAOO, Jan. 20.-W1th a mile and a
half of treacherous tea cutting them oft
from shore, fifty-three workmen are known
to b dead, as the result of a fire which
had Ita origin today In a powder vault at
tached to the Intermediate crib In Lake
Michigan used In the construction of a new
water tunnel connecting with the south side
of the (Hty at Seventy-third street. Ninety
five workmen were employed In the crib
and the connecting tunnel at the time of
the fire, but the work of the destroying ele
ment was begun with such swiftness that
the contracting firm of O. W. Jackson and
the rescuers have been unable to arrive
at anything like an accurate list of those
who perished and other who escaped the
flames or the Icy waters of the lake.
The hospitals at South Chicago and In all
parts of the south side are filled with In
jured, and city fire boats as well as the
tugs of the construction company are doing
their best to make frequent trips to the
scenes of the disaster through the heavy
ice floes.
Kirs Starts la Powder House.
Owing to the difficulty the craft experi
enced in reaching the crib during'- the
winter, the majority of the workmen em
ployed on the work and particularly those
who were without families slept In tempo
rary structures on the crib, and it was
Just as these had been awakened for the
(lay's routine that the explosion and conse
quent fire came. As nearly as it is pos
sible to ascertain the explosion hod Its
origin In 4 powder house of small dimen
sions, situated about 100 yards from the
crip structure proper, but at the same time
being a part of the general structure built
on foundations resting on the bottom of
the lake at this point. Jn this building the
George W. Jackson' company stored from
time to time just enough powder and dyna
mite for urgent use In the work of con
structing the water tunnel and In soma
manner, little short of mysterious, the
deadly explosives were put Jnto action.
FirtyvThro Bodies Recovered.
After several hojrs of rescue work In
which heroism stoOf;f1,It vWi In tho Heavy
fog and drlftlngtfmok'a Ahlrty-nlne work-mo-
were rescued, and when the fire tug
Con.tr and Its crew , and succeeded in
quenching tho flame tuty-three bodies had
been carried to th shore and placed In
morgues In South Chicago awaiting ldcnti- j
f Ration. The bodies of the victims In the
majority of Instances wore unrecognizable
and the contracting firm gave out the fol
lowing list of missing, which doubtless will
be announced as the official list of the
dead When the coroner has completed his
Investigation:
HAP.NfcY O'CONNOR, foreman.
II. l. M DU.NAIJJ. Umekeeun-.
J. THORPE, cook.
f. I. jNCII. waiter.
C MClUlt. evator man.
1.'. Jh.NM.sGb. elevator man.
j I'.Tr.K iiiiAt:, engineer.
..L.IAJ1 KK.LL. carpenter,
J. P. HIS f KM. carpenter s helper.
J. KKLLY. driller. .
KlVSAiU iVl UiK, mucker.
J. UAUNlif ia, mucker.
I IIARLB8 KRAPliH. mucker.
WILLIAM T. CONNOLLY, mucker.
J. MUCKER, mucker.
J'. CORVAb, mucker. ;
M. CA8SIDY. mucker.
W. YANDROLLS. mucker.
A. KILC'OYNU. mucker.
1'. MITCH KLL, tramway operator.
o. K15LLEY, elevator man.
J. THOMAS, driller.
1 THOMAS, driller.
KDWAltl) BK1NNKR, driller.
T. HANKON. driller.
C. PAT'lKRoON. driller s helper.
J. MILLR, driller's helper.
W. HEYNOLUd, driller' nclper.
J. FADDY, mucker.
J. liAHNOTH, mucker.
V. STANKL'B, mucker.
J. MCLHOLAN. mucker.
C. SOU. mucker.
T. OAVEr, mucker.
P. MILLER, mucker.
J. DRISCOLL, nipper.
J. TVf'A, drill foreman.
M. SHQDI8K. driller s helper.
T. BKKNNAN, mucker.
j. Anderson. muckr.
M. MICK8CN, mucker.
1'. TAMELH19. mucker.
As the new of th disaster spread, thou
sands of anxious man, women and. children
stood , shivering on the lake shore, hour
after hour as th tugs laboriously plowed
their way through th Ice floes with their
cargite of burned victims. Th fire boat
Illinois wa compelled to remain some dis
tance from th burning crib, but while pow
erful strtam were directed upon the
burning structure, small boats made fre
quent trips, and .transferred the dead and
wounded to the Morford, Conway and other
mailer tugs that suceeded In making an
opening through the Ice.
CLOUDBURST. NOT VOLCANO
Report Eruption in Philippines Be
lieved to Bo Only Exceptionally
Heavy Storm. 1
MANILA. Jan. 20. Lat dispatches today
ironl Taynbas province, extreme south
western Luson. express th opinion that
what wi believed to have been an out
burst of th volcano of Lagnas last night
wss not An eruption, but merely a great
cloudburst Over Mount Banuhsl. The area
damaged- by th storm Is apparently very
wld. Th governor of the province re
ports fields ruined, htghwsys Impassable
and bridge destroyed. Detachments of
constabulary have been ordered to ascend
the mountain to investigate the causes of
th disaster. Tlrst reports were that an
outbreak f he volcano had occurred with
a "tAot explosion of water."
OIL FINE CASE NEXT MONTH
Judare Aadcrson Fehraary SS
a Data for Beslnulust
Nov Trial.
CHICAGO, Jan. I0.-Unlted States Dis
trict Judg Anderson today set February
H for teg Inning th retrUI of th rebate
ras against th Standard Oil company of
lAdlana. This la th eaaa In wbloh Judg
Land is fin of l .2 40, tog was reversed by
TbTB WIATSIl.
OR OMAfTA, COUNCIL BLUFFS AND
, lCINITV-Falr Thursday.
FOR NEBRASKA Fair and colder In
north portion Thursday.
FOR IOWA Showers Thursday.
Temperature at Omaha yesterday:
Hour.
Deg.
.... XI
.... 33
6 a. m. ..
6 a. m...
7 a. m...
8 a. m...
9 a. m...
10 a. m...
It a. m...
12 m
1 p. m...
2 p. m...
3 p. m...
4 p. m...
6 p. m...
6 p. m...
7 p. m...
p. m...
9 p. m...
.... S4
.... 35
.... 35
.... M
.... 37
.... S3
.... 40
.... 41)
.... 4i
.... 42
.... 4.1
.... 43
.... 43
.... 42
.... 42
DOMXSTIO.
Nebraska and South Dakota senators se
cure favorable action on Beatrice and
Sioux Falls building bills. rag 1
Fi a Joint ballots for senator are taken
In Illinois legislature without election,
Hopklnx gaining two votes over day be
fore, page 1
Arguments in the 2-cent fare and msx
liuuin freight rate law are heard In fed
eral ccurt at Kansas City. rage 1
Fifty-three men were burned to death
In a fire In crib In Chicago harbor caused
by tha explosion of powder magazine.
rage 1
HEBBAIXA,
Judges Holcomb and Sullivan decline
to brine suit for place on the supreme
bench and indications are that Ransom's
play will go for naught. rags 1
Mrs. Heald of Osceola registers as
lobbyist for the Women's Christian Tem
perance union and the only person to so
reglhter. though several people In the city
have all the earmarks of lobbyists:
rags a
Supreme court tells Elmer Thomas he Is
In wrong with method of getting liquor
case before that body. rags 3
LOCAL.
Public service corporation men, strange
to say, are found not in favor of pro
posed occupation tax. rag B
Omaha celebration of Lincoln centenary
will be In three parts morning, after
noon and evening. rag S
OOKHEKOZAXi AND nrSUSTKIAX..
Ltva stock markets. rags 11
Grain markets. rags 11
Stocks and bonds. rags 11
kotzmeitts or ooxaw steamships.
ror.
Arrived.
Billed.
.. Statndmn.
. Re d'ltilli.
- P. r. Wllhslm.
NEW YORK
NEW YORK
NBW YORK
LONDON Mtnnatonka...
GIBRALTAR Odrlc
tJUBBTfflTOWIf ...rmpm
NAPLES Hamburg
NAPLUS
r VmiU.
. Euros.
TCNS OF DYNAMITE EXPLODE
Poor Men Instantly Killed by Accl
liiil in Forclte Factory Near
Newark, N, J.
NEWARK, N. J.. Jen. 20. Four men
were killed and ten others Injured, one
fatally, today, when several tons of dy
namite In one of the buildings of the For
clte Power works at Lake Hopatoong blew
up late today. The detonation of the huge
mass of explosives shook the country for
miles around and blew the building con
taining It to atoms. Of the fourteen men
working In It, not one escaped death or
Injury. The dead:
LOUIS BARTH, aged 60 of Iedgerwood.
CHARLES HENDERSON, aged 30. Net
con g.
JOSEPH SESTAK, aged 23, Hoptaeong
TEPHEN N. GLADDB83. aged 28, Net
con g.
The explosion occurred In a one-story
framo building, where sticks of dynamite
were stored. While it probably never will
be definitely known Just what caused it.
Is presumed that one of the sticks of dy
namite was Jarred from Its resting place
and exploded, detonating the whole mass
There were three or four tons of dynamite
in tho building and the explosloan was
terrific. The bodies of the men killed were
mutilated beyond recognition. Several
workers in the building were blown con
siderable distances and It ts remarkable
that only one of them. James Boyle
received fatal Injuries.
TO DEVELOP MINERAL WEALTH
Martin Favors Establishment of Min
ing: Experiment Stations to
Assay Deposits.
WASHINGTON, Jan. JO. Representative
Martin of South Dakota thinks that the
government should establish mining ex
periment stations In the various states of
the union in which there are known to be
deposits of precious metals, after the
order of the agricultural experiment sta
tions, and he has Introduced a bill to this
end. He proposed to place such stations
under the supervision of the secretary of
commerce and labor and would locate at
each of them a geologist and a chemist,
the former to receive $3,000 snd the latter
12,000 by way of salary. By the terms of
the bill these officials will be required to
make free assays of any mineral that might
be delivered to them for that purpose. The
object of the bill Is secure the development
of the mineral resources, and Mr. Martin
believes this could be accomplished In this
wsy belter than In any other.
HARRIMAN MAY BE DIRECTOR
Report He Is on Board of New York
Central Circulated and
Denied.
NEW YORK. Jan. OO.-Report that E.
H. Harrlman and J. Ogden Armour were
to be elected to the directorate of th New
York Central railroad were current pre
ceding the meeting of the directors of the
company held here today. One of the di
rectors said after the meeting, however,
that only routine business had been trans
acted and that 'Mr. Han-lman's name had
not even been mentioned in connection with
a directorship.
No Developments la Haherta Case.
8TURGIS. 8. D-, Jan. . (Special Tele
gram.) There were no new developments
In th B'ba Roberts murder case. Every
thing apparently 1 quiet In the town this
morning. Jacobs, who ts charged with
shooting th girl, 1 In ths county jail her.
morning the senator secured a favorable
report on the bill to appropriate $15,000 for
that purpose. The committee was familiar
with the appropriation of $50X100, which
Senator Burkett secured Isst year for the
extension snd readily understood that ad
ditional ground was needed to accommodate
the extensions already provided for.
Senator Kltlredga today secured the pas
sage of his bllt Increasing the limit of rost
for teh enlargement of the federal building
at Sioux Falls, S. D. The Increase amounts
to $90,000.
From Information In the possession of the
Treasury department it is apparent that in
order to provide the additional space re
quired It will be necessary to construct
upon the present building a third story the
entire area of structure, and two two-story
extensions having a total ground area of
about 4.200 square feet.. It Is estimated
that the additional story and extensions
will cost $185,000 and that the $5,000 remain
ing of the limit named In the bill will be
sufficient for such additional land aa will
be required for said extension and the
preservation of the usual fire limit.
New Land District.
Senator Gamble has secured a favorable
report from the committee on public lands
of the senate on the Le Beau land district
bill. It was reported without amendment
and provides for the location of land office
at Le eBau.
Senator Brown has accepted an Invitation
to address tho tariff commission convention
at Indianapolis. Februarq 16.
Unrest la ( aba,
R. W. Breckenrldge and wife arrived In
Washington today from New York, having
Just returned from a visit to Cuba. Mr.
Breckenrldge said: "The Island Is very
beautiful, the city of Havana showing evi
dences of the presence of Americans on
every hand In beautlflcatlon and sanitation.
But there Is unrest In political circles and
It would not surprise me to see the Ameri
can flag hoisted over the capital a year
after it comes down, on January 28, when
Gomes assumes office as president. The
Cubans do not llko the Americans and the
nonproperty holding class have small time
for us. The, Spaniards continue to dom
inate the business of Havana and I am In
clined to think would welcome a return of
American arms. When we do go back. In
my Judgment, It will be to stay." -Minor
Matters at Capital.
Mr. Breckenrldge, who la chairman. of the
Insurance committee of the National Bar
association, has called a meeting of his
committee for tomorrow at the Raleigh
hotel. .
Carl R. Harpley of Omaha has been ap
pointed scientific assistant In the Depart
ment of Agriculture.
Postmasters appointed: Nebraska Howe,
Nemaha county, Nicholas C. Bohl, vice C.
A. Keel, resigned; Oshkosh( Deuel county,
Archie B. Wynes, vice A. Budham. resigned;
Sholcs, Wayne county, Mathlaa Frltron,
vice J. I Beaton, resigned. Iowa Wright,
Mahaska county. Earl Witt, vice J. Gun
sauts, deceased.
Rural carrlors appointed for Iowa routes:
Au8tlnvllle, route 1, John L. Llmburg,
carrier; no substitute. Edgewood, route 1,
John E. Sevey, carrier; Doc Coolldge, sub
stitute. Humeston, route 3, George Linton,
carrier; Golda Linton, substitute. Newton,
route 4, A. A. Dereus, carrier; Fayette A.
Dereus, substitute; Wstervllle, route 2,
Sander L. Jacobson, carrier; Ingeman
Jacobson, substitute.
PROCEEDINGS OF THE HOU8F3
Day Is Devoted Largely to Considera
tion of Naval Bill.
WASHINGTON. Jan. 20.-After adopting
without opposition a resolution by which
Governor George F. Ulley of Connecticut
ceases to be a member of congress, the
house of representatives today proceeded
with the naval appropriation bill. There
were few amendments offered to the meas
ure, the Items under consideration being
those of maintenance and Improvements
to navy yards, stations and other public
works of the navy.
epresentatlve Foss of Illinois, chairman
of the naval affairs committee, had charge
of the bill on the floor and Representative
Tawney of Minnesota, Fitzgerald of New
York, Gaines of Tennessee, Mscon of Ar
kansas and others spoke. Representative
Mann of Illinois occupied th chair during
the consideration of the bill, which prob
ably will have the consideration of th
house on Friday.
The naval appropriation bill was again
brought up for consideration lna the house
today by Representative Foss of Illinois,
as the various committee reports had been
received.
An amendment offered by Mr. FltxgeraJd
seeking to give preference to those em
ployes at navy yards and naval stations
who have been discharged because of lack
of . funds or lack of work, was adopted. It
limits the time within which these em
ployes must be given preference to one
year after they are discharged.
An attack on the so-called Powder trust
was made by Representative Cox of In
diana, in offering an amendment by which
he proposed to prevent the payment by
the government of exorbitant prices for
powder, which was adopted.
Mr. FltxgeraJd read a point of order on
the Item providing $150,000 for a marine
barracks at the Philadelphia navy yard,
claiming that If It Is proposed to return
the marines to shipboard there should be
no need for additional barracks. Mr. Foss
changed the bill to make the appropriation
provide for a wing to the present bar
racks and the chair overruled Mr. Fits
gerald' poltn of order. Consideration of
th bill will be continued tomorrow.
TWENTY-FOURTH VICTIM DIES
L. J. Esell IseesnW ts Injuries la
Dearer Jk HI Grasis
Wreck.
OLENWOOD SPRINGS. Colo., Jan. 20.-L.
3. Esell of Marshall, Mo., who wa Injured
In the wreck of Denver Rio Grande pas
senger train No. I at Dotero kut Friday
night, died today. Esell makes ths twenty
fourth victim of. th wreck.
j- M mm
I J
Grandpop did tha morning chores
sleeves in his day.
From the Cleveland Plain Dealer.
HOPKINS GAINS TWO VOIES
Five Ballots Taken at Springfield
Without a Choice.
BOOT IS CHOSEN IN NEW YORK
Oreaon Joint Session Formally Elects
Governor , Chamberlain Cum
in lna. Gore and Stone
Re-Elected.
SPRINGFIELD, III.. Jan. M.-The Joint
session of the house and senate on the elec
tion of a United States senator adjourned
In a deadlock this afternoon after five In
decisive ballots had been taken. There was
little fluctuations from the first ballot,
which gave to Senator Hopkins 89 votes out
of 168 members of the general sseembly
present. ,
Tho first Joint ballot stond: Hopkins, 89;
Foss, IS; Stringer, 76; Shurtleff, 12; Mason, 5.
Chamberlain Chosen In Oresroa.
SALEM, Ore., Jan. 20. In Joint asaembly
of the senate and house at noon ' today
President Bowerman declared George . E.
Chamberlain elected United tat senator
for Oregon, , The records stvitlt vote -in
the houses yesterday were read and Bow.
erman declared that Chamberlain having
received a majority 1n each house, wat
duly elected. No Joint vote was taken.
Opponents of Chamberlain allege they
have positive assurance that the committee
on elections will not seat him. This ac
tion will be taken, they aver, because Ore
gon's method of electing senators Is now
being advocated by New York and other
states, and the only way to prevent the
spread of the "Oregon Idea" Is to reject
Chamberlain when he presents his creden
tials. A measure was Introduced In the house
today making It a misdemeanor to take
statement number one or make sny pledge
on the senatorship when a candidate for
the legislature. It provides a fine and
imprisonment as penalty and also pro.
vldes that any cne that should be elected
after taking the pledge shall not be seated
8toae Wins In Mlsaonrl.
JEFFERSON CITT, Mo.. Jan. 20. Wil
liam J. Stone, democrat, was today re
elected United States senator.
Lieutenant Governor McKlnley, repub
lican, Stone's opponent, presided at the
Joint session and announced the vote as
follows:
Stone, 91; McKlnley, 84c.
This was a strict party vote, all pairs
being dissolved, and A. W. Allen of Kan
sas City, who Is ill at his home, being the
only absentee.
Gore Is Re-Elected.
GUTHRIE, Okla.. Jan. 20. Thomas P.
Gore, democrat, was today formally re
elected United States senator by the legis
lature In Joint session. The vote: Gore,
96; Dennis Flynn, republican. 49.
Overman is Re-Elected.
RALEIGH. N. C, Jan. 20.-I.ee 8. Over
man was today formally re-elected United
States senator.
Brandenee Sncceeds Himself.
HARTFORD. Conn.. Jan. 20. Frank B.
Brandegee was today elected to succeed
himself as United States senator.
Crawford's Election Declared.
PIERRE. 8. D.. Jan. 20. Th legislature
In Joint session today declared that Co L
Crawford wa elected a United State
senator.
Cammlns' Election Aanawaeed.
DEB MOINE8. Ia., Jan. 20. Following
the Joint convention of the Iowa houtet
this morning, and the formal call of the
roll, Albert B. Cummins was declared
elected by the Iowa General assembly for
the 6-year term beginning March 4, next
In his speech before the Joint meeting h
declared that the hope of the nation foi
several reform measures depended upon
the widest possible construction of the
constitution or amendment, and that
amendment seemed to be sn Impossibility.
Reed 8 moot Re-Elected
HAI.T LAKE CITY. Jan. 30. The learla-
lature In Joint session today formally re
elected Reed Smoot, republican. United
States senator.
Formal Election of Hashes.
DENVER. Colo.. Jan. .-Charles J.
Hughes, Jr.. of Denver, was today for
mally declared elected United Statea sena
tor to succed Henry M. Teller by the leg
islature In Joint session.
Root Formally Elected. -
ALBANY. N. Y., Jan. 30. -The legisla
ture In Joint session today formally de
clared Ellhu Root elected to the office of
United 8tates senator to succeed Thomas
C. Piatt.
Bhlvely Is Choeea.
INDIANAPOLIS. Ind.. Jan. 20. At th
Joint aession of the Indiana legislature
Benjamin F. Bhlvely, democrat, was 'elect
ed United States senator.
Penrose ia Peaaay Ivaala.
HARRI8BURG. Pa.. Jan. 30 Botes Pen
rose was re-elected United States senator
by th legislature In Joint session today.
And we have a
bottle from
TRIAL OF COOPERS IS BEGUN
Stnte Rprlnsrs Surprise on earmark's
Slayers hy Having; Body
. Exhumed. .
NASHVILLE. Tenn., Jen. 20. With the
stage set for the Cooper murder trial, it
became known today that the state hnd
prepared a' surprise for the defense by
having had the body of Senator Carmsc k
exhumed and an autopsy held.
Following the murder, and In the excite
ment attendant upon the crime, tho state
neglected to order a post-mortem. It is
essential In the trial that the direction
from which the bullets came be determined.
The defense asserts that Carmack fired
first. The state s theory 1 that Carmack
was shot from behind and It appears that
some time between the date of the killing
and the present time the state, secretly,
and at night, exhumed the body of the
slain editor and caused a careful post
mortem to be performed.
The course of the bullets thus was deter
mined and the state claims to have proof
that the bullet which killed Senator Car
mack entered his neck from behind.
The ' prisoners were escorted Into th
room' after the preliminaries. Colonel
.Cooper and his son entered.' Mrs. Lucius
BuTch, daughter of Colonel Cooper, met
her father and brother with a cheerful
smile and seating herself between them,
conversed animatedly with them. Young
Cooper was fashionably attired and seemed
In splendid spirits. His father was very
quiet and shows the effects of confine
ment. The legal talent employed In the
case Is Imposing. For the state were At
torney Gereral Jeff McCann, Captain G. I.
Fltxhugh of Memphis; General J. B. Gar
ner of Lawrenceburg, ond General - Matt
Whltaker of Winchester. For the defense
were Judge M. M. Anderson. General W.
H. Washington, General ' M. H. ' Meels,
Judge Ed Baxter. General N. Burch, James
A. Ryan and Robert Ewtng.
INTEREST IN THREE BILLS
Coanty Option, Death Limitation and
Connty Division Before Wyo
ming; Legislature.
CHEYENNE. iWyo., Jan. 20. (Special.)-
Interest In the Wyoming legislature, which
today completed the first week of the forty
day session, centers In three measures.
The county local option bill, Introduced In
both houses simultaneously. Is attracting
much interest, although It has not been re
ported back by the committee of either
house. The Wlnkeman 15,000 death damage
limitation repeal bill has been recommended
by the committee of the whole of the house
for passage, but Is meeting strenuous oppo
sition from the railroad lobby. A bill for
the division of Big Horn county and the
creation of Park county from the western
half was Introduced in the house today
by Hayden and is attracting much atten
tion. It will be fought hard by representa
tives of the faction favoring the Integrity
of Big Horn county.
' There Is talk of the legislature adjourn
ing In order that the members may spend
several days 'at the stock show In Denver,
and this action may be taken later in the
week.
P. J. KIERAN IS GONE AGAIN
His Attorney, However, Promises that
He Will Bo la Court at the
Proper Time.
NEW-YORK, Jan. 20. On th promise
of Edward L. Jelllnek, a Buffalo attorney,
that his client. P. J. Kieran, president of
the defunct Fidelity Funding company,
would appear at any time he was wanted,
a hearing today In the bankruptcy pro
ceedings against the Fidelity Funding
company wa adjourned.
Mr. Jelllnek declared that Mr. Kieran
would probably be In New York within a
week.
BUFFALO, N. Y.. Jan. 20.-P. J. Kieran,
who waa In this city yesterday, has dls-
I appeared sad no trace of him could be
found today. One of his two attorneys,
Mr. Shire, left for Des Moines last night.
LOWELL HEAD OF . HARVARD
Board of Overseers Co a Arm Nomina
tion aa Bneeessor te Charles
William Ells.
BOSTON, Jan. 20. Th board of over
seer of Harvard college today confirmed
the nomination of Prof. Abbot Lawrence
Lowell aa president of Harvard university
to succeed Prof. Charles William Eliot.
LILLEY DROPPED BY HOUSE
Inauguration as Governor of Con
necticut Held te Invalidate Mem
bership la Cssgreu.
WASHINGTON, Jsn. JO. George L. Lll
ley, who was Inaugurated governor of Con
necticut on January I while occupying a
seat in ths house, was dropped from mem
bership of that bod toU
in his shirt
hard time rescuing the milk
the back porch every morning.
TWO-CENT FARE IN BALANCE
Arguments in Missouri Bate Case Are
Nearing Close.
THREE RAILROADS CLAIM LOSS
Others Assert This and Maximum
Krelsrht Law Have Reduced
Earnings to Loss -Decision
In February.
KANSAS' CITY, Mo., Jan. 20.-F!nal argu
ments In the cases of the eighteen Missouri
railways that are contesting the state 2-cont
passenger and maximum freight ra'e acts,
on tho ground that they are confiscatory
were begun In the federal court here today
before Judge Smith McPherson. Frank
Hagerman, who opened the arguments for
the railroads declared that three com
panies have shown an actual loss In earn''
Ing passengers at 2 cents, while the
reurns from tho other railways show profits
of only 2V4j to 5 per cent.
San ford B. Ladd of Kansas City, who
followed Mr. Hagemsn, opening for th
stats, asserted that one road, the Burling
ton, whose officials asserted it had lost
1630,000 In its state freight business In 1901,
had, as a matter of fact, shown a profit
of about $860,000.
Hadley Will Talk for State.
Governor Herbert S. Hadley, who had
been active In these proceedings while attor
ney general, will make the principal argu
ment for the state, probably addressing the
court on Thursday, Others who will take
part In the arguments will be Julius Leh
man. St. Louis, and John Kennlsh. assist
ant attorney general, for the state, and
following attorneys for the railroads:
C. Gardiner Lathrop, Chicago, for the
Sante Fe; Martin L. Clardy, St. Louis, for
tho Missouri Pacific, and Judge O. M.
Spencer, St. Joseph, Mo., for the Burling
ton. The case has attracted wide attention.
For many months experts for both sides
gathered testimony to uphold their con
tentions and a -mass of figures were pre
sented during November and December,
last
Freight Rates Also Involved.
The statu of th case Is this: The rail
roads some time ago obtained an Injunction
restraining the state officials from enforc
ing the freight law, which reduced exist
ing freight rates tbouf. 5 per cent. The
railroads demurred to the two-cent law,
but agreed to give It a trial, and It has
been In force sine June, 1C07. The present
hearing was not on the application for a
temporary Injunction, however, but was
Intended to be a final disposition so far
as th United States district court Is con
cerned, of the question of both the freight
and passenger rates In Missouri. Judge
McPherson ha promised a decision early
In February,
TALKS ON BROWNSVILLE CASE
Senator Frasler Approves President's
Action la Dismissing; Ne.
ro Troops.
WASHINGTON. Jan. 20.-Benator Frasler
of Tennessee today spoke on the Browns
ville affair and opposed the passage of any
of the pending bill for the re-enlUtmetit
of the negro soldiers of the Twenty-fifth
regiment who were discharged wlrhout
honor by the president. Senator Frailer'
remarks were of special Interest, as ho
was a member of the committee on mili
tary affairs which Investigated the Browns
ville Incident, his views being those of a
southerner who has an Intimate knowlodge
of the negro race.
On nnalyxli g the testimony taken In var
ious Investigations Mr. Frailer thought
there was no question as to the guilt of
the soldiers of tho Twenty-fifth regiment.
He Justified the president In his discharge
of the entire body of troops because of the
Impossibility of fixing the guilt upon par
ticular soldiers.
Their restriction In the saloons of
BrownKvllle, Mr. Frsiler said, gave them
ample Incentive for the resentment that
was shown among them against the people
of the town.
TO CHANGE CONSULAR BOARD
Senator Burkett Ha an Amendment
to the Hopkins Bill Now
in Beast.
WASHINGTON, Jan. 30 Senator Bur
kett has presented an amendment to Sen
ator Hopkins bill changing the personnel
of the consular examining board. Tho
Hopkins bill provides that the board of
examiners of candidates for the consular
service shall be composed of ths chief of
the consular bureau, the chief of the
bureau of manufacturers and the chief
examiner of ths civil service, commission.
It also fwwvtdes that no appointments)
shall hereafter be mads unless candidates
are examined by this board
LEGISLATORS AT STATE FARM
Shown Work Being Done hy the Col
lege of Agriculture.
NEEDS OF SCHOOL EXPLAINED
Growing; Rapidly and Accommoda
tions of All Klads Need Ralarsj
ins; Unices the Worts ia
Hampered.
(From a Staff Correspondent)
LINCOLN, Jan. 20.-tSpecial Telegram.)
By following the leadership of Senator
Frank Ransom of Douglas county In the
contest for positions on the supreme court
the ttvmocrstlu party of Nebraska has
marched up a hill and down again, and
now all that remains is to remember tho,
advice of Farmer Tsylor of Custer county,
who warned them Senator Ransom wa-t
hrttded up a Mind alley.
Judge Homer Sulllvsn of Rrokn Bow. ti
whom wns delegated the task of bringing
proceedings to seat the four sppolntees of
Governor ShallnnUerger, tonight said he did
not think anything would be done. He satil
JuOgn Hnlcomh, In whose name the action
was to have been Instituted, did not wWi
to git a place on the supreme bench by a
lawsuit. The announcement came after sn
Interview with Judge J. J. Sullivan, the
other democratic appointee besides Judg
Holronib, who said he would not fight for
tho place.
DiseuHHlng the case Judge Homer Sulli
van said: "I am of the opinion that we
shall do nothing in the case. Judgo Hol
comb does not want to start the suit. He
does not feel that it Is a dignified way to
aiM'uro a position on the supreme bench.
and a victory would mean only one year in
offlco for him. Judge Sullivan has said ha
dors not wunt to start It. The attorney
Kniral has Indicated he does not want to
do so, there'ore, It Is my opinion nothing
will be done.
"I havo no doubt we would win a victory,
but unless the attorney general starts tho
action there Is nothing further to do."
While the announcement of Judge Homer
Sullivan would not prevent other persons
from bringing the action the task of In
vestigating the law and the condition sur
rounding the case were turned over to bint
by Governor Shallonberger and It Is the
belief his announcement will stand. At
torney General Thompson says the case
may be brought by other parties than him
self, but the democrats are unable to find
the right ones.
Legislators at State Farm.
A hundred members of the legislature vis
ited the state farm thin afternoon,'' where
the faculty of the Agricultural college, with
Chancellor Avery and Regents Coupland
and Whitmore, explained the need of the
school and Bhowed its operation. Several
hundred members of agricultural ocletl
were at the farm, and after a short ses
sion of speechmuklng the members ad
journed to their favorite divisions of
watched the work of tho students In the
laboratories.
The university men frankly admitted to
the legislature that the needs of th Inatl.
tutlon were increasing rapidly and that It
would probably be noeessary to make a
building allowance out of the general fund
of the state. One school building for reci
tation work and equipped with laboratories
Is ieslred. and for this the cum Of 1100,00 1
has been mentioned.
Members of the senate and house finance
committees were among th visitor by Ap
pointment of their chairmen. A feature o.'
the afternoon was a serins of question b;
Representative Kelley of Furnas, who seek
to establish an agricultural school at Cam
bridge, it was brought out that th ex
periment station at North Piatt Is doing b.
greut work fur the farmers of western Ne
braska. '
First Railroad Valuation Bill.
S. F. 133. the first bill providing for the
physical valuation of railroad property And
that of public service corporations, wa i
Introduced in the legislature today by Bn.
ator Oil Is of Valley. He specif los th rail
way commission shall ascertain th trui
value of railroad, telegraph, telephone and
express company property a It exist July
1, WQ, and shall employ such expert helj
as the governor may consent to employ
and the expenses shall be met Out of th
money for the maintenance of the com -mission.
The bill provides that a railroad aha,')
mean all corporation. Individuals, aeao
elatiens of individuals, their lessees, trUste i
or receiver that now or hereafter may own,
operate, manage or control any railroad Or
part of a railroad as a common carrier In
the state, or cars or other equipment use I
thereon, or bridges, terntlnal or sldetracg i
used in connection therewith whether Owned
by such railroad or otherwise.
The physical valuation shall Include!
Value of all real estate, value of all
grading, value of all bridges, buildings.
water stations ana otner structures use!
by the road, all track material, tools, sig
nals, etc., all telegraph snd telephone ma -terial
owned by tbe company, all store and
supplies on hand, value of all rolling itook
which in the ease of an Interstate road
shall be the proportion Justly chargeable
to the part of tlm road lying In the state:
value of shops and machinery, and all other
articles and things belonging to and neces
sarily a part or the road.
The eominlHslon must find the total vain
of each railroad, the number of mJles Of
road and the average value per mils of
traek. The basis to t used In arriving at
such value shall be average market Vila
or cost of labor and material.
The values spoken of shall be th srnoMht
of money found necessary to rebuild tho
road complete aa It now stands, allowlnsr
for a reasonable length of time for assem
bling the material and doing the work nec
essary for bringing Into exlatenee such faU
road. The proper redueilons shall be made
for the wear and shrinkage In value o
account of age and wear of matertvl.
Full power is given the commission, to
call for reports from sll the corporations
ri reeled and to devise schedules which the
companies must answer under oath.
The work must b concluded In the year
H'U and wlin a valuation of a company ts
determined the opportunity for a hearing
must be granted.
Hevlalaa- of Road Laws.
The senate committee on highways, con
sisting of Banning of Cass, Fuller of Sew
ard. Klein of Gage, Laverty of Baunder
snd King of Polk, wa named by the sen
ate today to act with a commutes from the
house to take up the matter of road law
and arrive at some system for amending
the present laws in conformity with ths
needs of the slate.
Ths appointment of W. 8. Sorrs mt Omaha
aa clerk of the commltls on municipal af-