Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 29, 1909, Image 1

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The Omaha Daily
t i
Terrific Storm Sweeps Over Nebraska
Thursday Night.
Friday, Jaaaary , IHf.
Nebraakan Refuses to A action of
Committee on 7 jr.
? v '
Senator from Valley Puts a Stop to
)09 JANUARY 909
3 4 5 6 7 8 9
10 II 12 13 14 15 16
Plans of Employes.
) mtw
irl tol-
it and
f equal
. Jo
50, per
jt Attention
. oei.
Chairman Now Says it Has Had Too
Much Work.
Junior Senator f reim Antelope Mate
Asks Itaiti to Take BUI from
Committee, bat Wot
Right Now.
(Trem a Staff Correspondent.)
WASHINGTON. Jan. .-(6pecial Tele-irtm.)-Senator
Brown Is a fighter. He
Bhowed his red blood today when he de
manded consideration of hla resolution to
take from th Judiciary committee of the
eenale hla bill to ' prevent federal courta
from enjoining collection of state taxea and
hla remarka compelled attention. He spoke
on the measure, In which people of Ne
braska are Intensely Interested, whether the
Union Pacific and Burlington roads couM
enjoin taxea levied by the. state by court
procedure, and get through without paying
Mr. Brown asked members of the commit
tor tq mak a report on hla bill, either fa
vorably br unfavorably. They had refused
tci do either. So he took' the bull by thn
horna and presented hla resolution yester
day to have the fate of the bill aettled on
the floor of the senate, Senators Fulton
and Clark of Wyoming, the latter chairman
of the committee, stated at the close of
Senator Brown' speech that their commit
tee had an Immense amount of work on
hand and this alone had prevented action
on Mr. Brown's bill.
It la patent from the history of this bill,"
said Senator Brown, "which I Introduced a
year or mora ago. almoet t the beginning
of the present congress, that we would
have aome report either for or agalnat the
bill If the committee had had an oppor
tunity to gtvt It consideration. The resolu
tion waa offered, therefore, more In a aplrlt
of discouragement on the part of the author
of the bill as to whether It will ever give
any evidence of life.
Federal Taaea Free.
"The collection of taxea muat be made
when they are due and not when aome court
or equity adjudlcatee that they are due.
In ordsr to suetaln the life of a govern
ment taxea are collected summarily and
necenartly without Intervention of any in
junction writ from our own courts.
" "If It la good public policy to have that
rule obtain aa to our own federal revenues,
. the argument la much stronger aa to state
and municipal and school district taxes.
We have had llluatratloina In the country
of tha operation of that right exercised by
our clrewH-eourte under tiie saw aa It ex--lata
'to tie '(hiT hernia of tax collectors In
, atatea and in eoheol districts and munici
palise of atvereV atatea. and that Is done
where there exists today state atatutea pro
hlbllng state courta from Issuing writs re
, straining the collection of state taxea. That
the same reason -exists for permitting the
state government to collect taxes when
hey ar due aa for the federal govrnment
la manifest.
"The question wc are discussing Is Juris
diction of olroult courts. Can It be that we
would have different Jurladictlon exer
cised by those courts In different slates? Jurisdiction be uniform. If the circuit
court haa a right to enjoin .collection of
taxea In one state, let It have the right to
enjoin It In all states. It ought to be de
nied the right to enjoin it in any state so
long as .the government takes care of Its
own taxes and saves them from writ of In
Junction." .
Senator Brotvn declared he would not In
slst on a vote on his resolution at the pres
ent time, but waa willing It ahould lie on
the table eubject to call, hoping the Judici
ary romVnlttee would aee fit to make aome
soit of a report next week.
Iadlana Are Interested.
The senate comihlttee on Indian affairs
oday made a favorable report on Senator
3k ruble's bill to authorise the sale and dis
tribution of the murplua and unallotted
lands In Rosebud Indian reservation.
Dr. L. E. Michael, auperlntendent of the
Cheyenne River Indian agency, accom
panied by the following Indian chiefs, asc
In Washington, and were at the capltol and
Interior department today: Straight Head.
Iron Lightning and Qllva Tapltola. The In
dians aro In Washington to confer with the
secretary of 'the Interior and commissioner
of Indian affairs as to .details relating to
the proposed opening to white settlement
of certain portlona of their reservation on
the Cheyenne river in South Dakota.
Mew Raral Routes.
-. Rural free delivery loutcs ordered estab
lished April 1: ,
Nebraska Benkelman, Dundy county,
routes Nos. I and 2, aervlng 162 families;
Clearwater, Antelope county, route No. t,
serving -' families; Crofton, Knox county,
route No. 2. servlng'KS families; Dannebrog,
Howard county, route No. 2, aervlng 6 fam
ilies; Kordyce. Cedar county, route No. 1,
serving 9i families; Hartlngton, Cedar
county, routes Nos. S and T. aervlng IK?
families; Laurel. Cedar county, route No.
It. aervlng 8 famlllee; Mitchell, Scott's Bluff
county, rnutea Nos. 1 and f. aervlng 215
families; Thurston, Tluirston county, route
No. 1. serving 10 families; Wausa, Knox
county, routes Nos. J and 4, serving 181
Ions Red Oak, Montgomery county,
route No. 8, serving 84 families.
Rural route No. 1 at St. Jamea, Cedar
county. Neb., will be transferred April 1 to
' Wynot, and designated as route No. 1.
Route No. C at Blootnfield. Knox county,
Neb., will be transferred April I to Crofton.
and designated aa route No. 8.
Jesse F. Rose la appointed regular, and
A. M. Rose, substitute, rural route carrier
(if route No. 1. at Auburn, la.
Rantaro ( Relatione Threatened aad
Chilian gejaadroa Ordered
VALPARAISO. Chile, Jan. S.-The iu.
ture of diplomatic relatione between Cmle
and Peru, elgnallsed by the withdrawal
of Aenor . M. Bchlnque. the Ctillean min
ister at Lama, has aroused more or less
rxcltement her and the old anlmoslUeo
oetwven tha two countries, dating back
to the war of l:t and tha consequent b
sotptlon of the Peruvian provinces of
Tacna and Arlca by Chile have, to a cer
tain measure, betn revived.
It Is declared here today that the.Ch.l
eava squadron under Admiral Wilson, now
In the alralt of Magellan, haa been ordered
.' RortR
Remark oa Subje
of Hii
t '
17 13 19 20 21 22 23
14 C - -- -r. - a
ai S.J ftU 5 tCd
VICINITY-Frldav. clearing and colder.
FOR N ERR A SKA Friday fair. with
colder In east portion.
run iijvva Friday, clearing and colder.
Temperatute at Omaha yesterday:
Hour. Deft.
S a. m 44
a a. m 44
7 a. m 41
8 a. m 44
9 a. m 45
10 a. m 45
11 a. ni 41
12 m 47
1 p. ni 47
2 p. m 4
3 p. ni M
4 p. in a
R p. ni 34
a p. m 3.1
7 p. m S"
s p. m 31
9 p. m 30
Hopkins losea another vole for senator
In tin- Illinois legislature. Page 1
Stephenson atill one vote short of
enough to elect him senator in Wiscon
sin, page l
Blinding snowstorm in raging ov r
largi part of Nebraska, but temperature
at prtaent Is not low. Locally much
dan. age is done by the high wind.
Fage 1
State senate employes wlir be paid only
for the time they actually have been em
ployed, pag-e X
Judge J. J. Sullivan takes oath of office
at Omaha and accepts appointment aa
Justice" of supreme court from Governor
Shallenlierger. Yage 9
Henfttor Brown desires the senate to
take his bill to prevent Injunction of
collection of atate taxes by federal courts
f ro n committee on Judiciary and consider
the same directly. Page 1
President Qomes Is inaugurated at
Havant and Provisional Governor Magoon
and staff sail at once for home. Page fl
Mlrer. In session at Indianapolis de
mand the release of Jan Pouren and fa
vor public ownership of wealth-producing
agencies. Page a
Charles K. Nord, arrested in Omaha for
forgery and returned- to Kansaa City, has
been proven a wholesale matrimonial
grafter by contents of his trunk. Pago 3
Arr.crlcan Live Stock association yes
terday passed a resolution asking law
prohibiting advance In freight rates un
til commission has had opportunity to
approve them. Pago 1
Wrestling match made between the
TurH and the Frenchman to be pulled off
at tho Auditorium. page T
, Jac.kftonlan clab ' announces' wilt . op
pose Dahlman for mayor and Intimates
Its mtn'bers J1I bolt if he Is nominated.
Fage 3
Gartr.ent workers to the number of over
100 quit work In the Novelty Cloak com
pany's factory. . Fage 3
Two brothers from Thuraton county
marry two slaters. Fage 3
Cot oner's Jury shows Brnnle Talbot
committed suicide on account of break
ing of engagement with lover. Fage 5
Attorneya for W. D. Oldham plan to
bring ouater suit against Judge Dean.
Fage T
Union Pacific preparing to build three
short lines In Colorado. Fags T
I.lva stock markets. Paget
Oralu markets. Fage
Stccks and bonds. Fage
Part. Arrival). St 1 14.
Hew YORK Kocnls Albert.... Lucanm
BOSTON Marquette..,.,
fcoSTON Devonian
CHrRBOURO.... P. r. Wllh.lm.
GENOA MontavidM '
New York Steamer Maurctania reported
too miles east of Sandy Hook at 1 p. m.;
will dock at 8;3U a. m. Friday.
Illinois Senator lovn to Seventy-Two
on the Twenty-Second
SPRINGFIELD, 111., Jan. St. On, the
twenty-second ballot the total vote In tha
joint session today waa:
Hopkins. 72; Foss. 19; Stringer. 74; Shurt
leff. 14; Mason. 4; McKlnley. 1; Lowden, 1;
Calhoun, S; Sherman, 2; Yates, 4.
Constitutional majority of joint session,
It. Majority of members present and vot
ing. 91. No choice.
After the twenty-second Joint ballot the
Joint session arose. Joint balloting will be
resumed next Tuesday at noon.
Klephenaon Ono Vote Shy.
MADISON, Wis., Jan. 28. Senator Steph
enson lacked one vote of election again
today when the second ballot in Joint as
sembly waa taken. He received 14 senators'
votes and 62 assemblymen. ' There were
present 133 members of the legislature, thus
requiring 67 votca to elect.
President of Bankrupt Company Tea.
tines ta Coart Proceedings
Broaght by Creditors.
NEW YORK. Jan. 28 Patrick J. Kieran.
formerly president of the defunct Fidelity
Funding company, was a witness in the
bankruptcy proceedings sgalnst this com
pany before United States Commissioner
Alexander here today. It waa the first
time the authorities had succeeded in get
ting Kieran to court since hla disappear
ance after the involuntary failure of his
company for about &.OuO,00O. The creditors
Include a score of prominent Catholic In
stitutions scattered throughout the country.
Books and lecords of the Fidelity Funding
company and Kieran'a private books and
papers which, according to tha testimony
yesterday of Kieran'a private secretary
aro In safety deposit vaults here, were or
dered produced Id court today.
Refaaee Released from Jail.
CHICAGO. Jan. 28. Christian Rudowhs,
who was saved from extradition to Rus
sia when Secretary of State Root on Mon
day ruled that the crime with which the
Russian government accused the prisoner
waa political In cnaratl was release J
from jail today.
Plate t.laaa Smashed and Chimneys
Blown Down Give Kvldence la
Omaha of Severity of
A storm of wind, rain, snow and more
wind attacked the state of Nebraska and
southern South Dakota yesterday and came
off eaully victor In many places. Wire
damnge was heavy, but window glass ran
a close enough second to- make window
Insurance men hnve a disturbed night.
Refore 'telegraphic communication with
the west was entirely, suspended a suffi
cient number of reports filtered through
to Indicate that the storm' was of great
severity and wide area. Kearney re
parted a suspension of business on ac
count of the blinding snowstorm, while
Yankton. S. D., declared that the worst
blizzard la many years was raging over
South Dakota. At , Norfolk falling temper
ature accompanied the snor and gave
promise of uncomfortable conditions today.
The telegraph companies began to have
wire trouble West of Omaha early In the
evening, and this . later became mani
fest In tho opposite direction, Indicating
the spread of the storm toward tho Miss
issippi. The railroads had their own prob
lems to f -ce and the Union Pacific had an
added complication because at Maxwell
the roof of a car blew off and sailing se
renely up dropped on a string of wires
and snap-d them off. The Burlington
reported about half of Its western wirca
Omaha Geta Its Share.
Tales of a severe storm throughout the
state will he accepted locally without a
shiule of suspicion, for the Omtha visita
tion was heavy. The wind blew with
force enough to take storm soaked pedes
trians off their feet and everything not
nailed down and clinched on the under
side blew away.
Early In the evening reports of damage
by the wind began to come In from various
parts of the city. A plate glass window
In the room occupied by the Goodyear
Rubber company at Sixteenth and Dav
enport, gave way and it was only by
prompt work that another light at the
same place was saved. About the same
time one of the large plate glass In Jos
eph F. Bilz's store, a4 North Sixteenth
street, burst with a crash and some dam
age was done to the contents of the store.
At 614 North Thirty-second street the wind
tore the top from a chimney at the home
of John F. Burns, turnkey at the city
Jail. The falling brick crashed through
a wlndo-w of his immediate neighbor,
Frank M. Parsons, a draughtsman em
ployed by the Union Pacific railroad, but
no one was Injured.
The Associated Trees had one wire
working to Kansas City early rn the even
ing. The Lincoln wire "went out" soon
after 8 p. m.
The weather bureau at 9 o'clock reported
the velocity of the wind to be fifty miles
an hour.
. Oat In the State. . ., . ,
LINCOLN,- Jan. JS.-M Special Telegram.).
It began snowing here about 4 o'clock thla
afternoon and It is still snowing hard at
this hour. o'clock, with every Indication
of a continuance. The snow ls accom
panied by an exceptionally high wind and
considerable damage has been done by the
wind. While the temperature Is not low
the thermometer Is steadily going down.
KEARNEY, Neb., Jan. 28. (Special Tele
gram.) A blinding snowstorm Is raging In
thla vicinity, the snow falling so thickly
that It is impossible for one to see fifty
feet in any direction. Traffic on the streets
and roads Is suspended.
NORFOLK. Neb., Jan. 28. A heavy snow
storm, driven by a strong northwest wind,
prevails over southern South Dakota and
northern Nebraska tonight, which has
reached the proportions of a blizzard. The
temperature began falling early In the
evening, giving promise of a visitation of
the aeverest weather of the winter.
YANKTON. S. D.. Jan. 28. (Special Tele
gram.) The worst blizzard In a great many
years Is raging here, effectually stopping
all traffic.
riondbnrst at St. Joseph.
ST. JOSEPH. Mo.. Jan. 28. A rain which
almost reached the proportions of a cloud
burst did great damage In St. Joseph and
vicinity last night. A number of bridges
and culverts were washed out and rail
roads suffered. It Is the first time In
many years that such a rain has fallen
In January.
ENID, Okl., Jan. 28. The most aevere
wind and dustulorm in six years prevailed
in northwest Oklahoma this afternoon,
causing more or less damage. As far as
known no livej were lost. At Goltry,
twenty miles west of Enid, several busi
ness houses were blown down, md at Car
men, 40 miles west of here, flames, driven
by a fierce wind, destroyed half the busi
ness houses in town.
President RooeeTelt Will Go Stralafat
from Inaugural to New York
WASHINGTON. Jan. 28 President Roose
velt will not follow the custom and ride
back to the White House March 4 with his
successor In office. He told a New York
congressman today that he would go direct
from the capltol after President-elect Taft
takea the oath of office to the Union sta
tion, and take a train for New York. The
president'a purpose was made known In ac
cepting an Invitation of the New York
County committee to be allowed to act aa
his personal escort on the way from the
oapltol to the depot. The county committee
will ha- e 500 members In line. They will
form a part of the great parade, will go
with the ex-presldent to the train and re
turn to their places In the return march.
St. I.oals Terminal Compaay Made
Defendant la Oeverament
DANVILLE. 111.. Jan. 28. The 8L Louis
Merchants' Bridge and Terminal Railway
company was made defendant In a auit
filed here today by the government, charg
ing violation of the twenty-eight-hour law
regarding the shipment of stock. The gov
ernment alleges that a carload of horses,
enroute from Iowa to North Carolina, waa
held in the car without feed, water and ex
ercise for a longer period than twenty
eight hours.
Boy Killed by Brother.
8EDAIJA. Mo., Jan. . Kirk Bailey,
aged 15 years, who was stabbed by hla 13
) ear-old brother. Victor, during a quarrel
at their home here Inst Sunday, died today.
The hos are awns ut Mra. Lucy Bailey, a
1 Skatin Spoiled Again.
- i lAi 'W W sVtX ' AStaWJ "'"J
"Either granddad's a
From the Cleveland LeaJer.
Association Asks for Law Prohibiting
Advance in Bates Without Notice.
Vote of Thanks Tendered Seeretary
Wilson for Hla Services In
Behalf of Live Stoek and
Farm Interests.
LOri ANGELES. Cel.. Jan. 28. When
the American National Live Stock asso
ciation convened today for Its final ses
sion, former United States Senator J.
M. Cttey of Wyoming, chairman of the
committee on resolutions, presented the
unanimous report of the committee. A
summary of the report follows:
"Congress is memorialized to enact a
law which shall -prohibit any railroad
company from advancing Interstate rates,
fares and changes, except upon approval
of thfc Interstate Commerce commission
after notice thereof to the Interested
partloaln .suci., cases wfhe, commission
shall 'deem necessaryf'that parlies sliall
have the right to complain of any pro
posed advance In rates, whereupon it
shall be the daty of the Interstate Com
merce commission to suspend the taking
effect of such propoaed advances until
an opportunity shall be afforded the in
terested party to be heard, and that the
Interstate Commerce commission shall
be authorized to suspend and to deter
mine whether the same are Just and rea
sonable "Heartily endorsing the bill pending In
congress known aa the Culbertson-Smlth
car and transportation bill. Congress is
memorialized to enact a law to provide
for a minimum speed limit for the trans
portation of live stock and other perish
able freight of not less than twenty miles
an hour.
"The railroads are respectfully re
quested to adopt reasonable rules and
regulations with respect to granting re
turn transportation for the attendants of
live stock shipments.
M a x I m m and Mlnlmom Tariff.
"Favoring adequate and needed protec
tion to all live stock and Its products and
approving such modification and adjust
ment of our tariff relations with foreign
countries, especially with Europe, aa will
Increase American export trade In live
stock and meat and meat products, by
authorizing the executive to make com
mercial agreements under maximum and
minimum dutlea to be fixed by congress
and that the executive should have the
aid and advice of an expert tariff com
mission In preparing and negotiating such
"Recognizing that James Wilson, secre
tary of agriculture, haa served the coun
try faithfully and with great efficiency and
that the policies which he has pursued are
of lasting benefit to the farmers and stock
raisers of the entire country, representa
tives of the live stock Interests In conven
tion assembled tender him their sincere
"Urging congress to make appropria
tions commensurate with the magnitude
and importance of the work of eradicating
the fever tick.
"Tendering the thanka of the organiza
tion to President Roesevelt for all of his
efforts in behalf of the live stock indus
try. Commendation of Plaehot.
. "Commending the administration of the
forestry service under Mr. Glfford Pin
chot as having been conducted along prac
tical and businesslike lines with a view to
obtaining the greatest use of the forest
consistent with their preservation.
"Heartily endorsing the bill introduced
in congress by Senator Curtis and Con
gressman Scott as a 'reasonable, juat and
equitable measure,' that under business
like administration would do much to Im
prove the stock raising and agricultural
interests cf the west.
"Extending thanks to the officers of the
association and citizens of Los Angeles."
llllaole Mratare Provides for t om
mlsslon ta Connect Lock port
aad It Ira.
BPR ING FIELD, 111., Jan. 28 -The eagerly
awaited administration deep waterway bill
was Introduced in the senate today by the
deep waterways committee. It provides for
a board of five commissioners, holding of
fice for six years each, to be appointed by
the governor, to carry on the building of a
deep waterway from Lockport to Utlca, and
specifies that before the work is begun the
commission must satisfy itself that It can
be kept within the limit of the 120.000,000
bond lasuo voted by tha people of the state.
awful liar or else I was I torn about
Code of Kthlca Oocnplea Time of the
Soathweatern Dealera at
Kansaa City.
KANSA8 CITY. Mo.. Jan. 2S.-The "code
of ethics" which henceforth will hind Its
members to treat the consumer according
to the golden rule, again occupied the at
tention of the Southwestern Lumbermen's
association when it convened today. The
code also provides the baats of settlements
of disputes and claims between the manu
facturers of lumber and the retailers. It
probably will be accepted by the conven
tion this afternoon.
The election of officers will take place
today. W. D. Frantz, a brother of ex
territorial Governor Frantz of Oklahoma,
will be named president, and Harry A.
Gorscush of Kansas City secretary.
At its final session this afternoon the
convention decided to send two delegates
to the national tariff commission conven
tion, to be held in Indianapolis February
16. This suggestion was embodied in the
report of the committee on resolutions,
which also declared in favor of good roads,
deep water ways, forest conservation and
approving the parcels post . W. D. Frantz,
Enid, Okf , 'waa elected preslflent";;tV"H.
Matthews, Webb City, Mo., and Andrew
Altken, St. Johns, Kan., vice presidents.
John Reheis of St. Louis and James Cos
tello of Liberty, Mo., were elected direc
Wltneaaea from Governor's Old Ohio
Home Called Before Grand
MUSKOGEE, Okl., Jan. 28,-Today's time
of the federal grand jury investigating the
alhgcd Muskogee town lot frauds was Ukn
up' in the examination of witnesses brought
here by the government from Ohio and
Michigan. Among the witnesses who ex
pected to testify today were Daniel M.
Bailey, an attorney of Ottawa, O., Gov
ernor Haskell's old home town; Walter J.
Ritchie, an attorney of Lima, and James S.
Bailey, mayor of Wauseon. The Michigan
witnesses are those from Hastings, the
former home of Walter R. Eaton, secretary
of the Indlanola Contracting company, of
which the governor is president, which
company is charged with scheduling the
names of mora than 100 "dummies" to se
cure town lots. ,
The semi-official announcement was made
today that the government relies on its
conspiracy charge to secure conviction
and not on the forgery charge or that of
the personal scheduling of the "dummies."
rroreedlnara l.ooklnar to Settlement of
Venesnelan Claims Come to
CARACAS. Venezuela, Tuesday, Jan. 38.
Via Port of Spain, Trinidad,' Jan. 2. The
negotiations between W, I. Buchanan, the
apecial envoy of the United States, and
the Venezuelan government, looking to a
settlement of the outstanding difficulties
between the two countries came yesterday
to a complete deadlock on certain points
contained in the draft cf the protocol.
President Gomes considers it unjust and
out of place because Mr. Buchanan will
not agree to ubmlt to arbitration, as to
preliminary points, the questions of the
validity of the Judgments of the Vene
zuelan courts, the. awards of the mixed
commissions, or the complicity of the New
York and Bermudez Asphalt company In
the Mato's revolution.
.President Gomez professes to be rx
tremely desirous of reaching a settlement
with the United States, but at the same
time, he says, he feels that he must pro
tect the honor and dignity of Venezuela,
Americas F.rablem Was ot Torn
Down la Riot of Bohemian
WASHINGTON, Jan. 18. Reporting upon
tha recent riots In Prague, Ambaasador
Francis of Austria-Hungary takes occasion
to deny the report that an American flag
was lorn into strips and trampled In tha
mud. The riota were the result of the ad
vertised laying of a cornerstone of a new
German university in Prague. The Bohe
mian students wanted a Bohemian univer
sity Instead. '
- The British aad American flags were dis.
played together, says Mr. Francis, but the
rioters tore down only the flag of England
and left tha starry banner In Its place.
These facts were established after an In
vestigation made by Consul Brit tain at
Prague and aro brought out In a communi
cation from Mr. Francis recently forwaxded
to tho house by the secretary of state.
forty years too late."
Sue Proprietors of Steamship Florida
for Heavy Damages.
Libel Asserts Italian Boat Was
KonnlnsT at Immoderate Speed
and Failed to Give Warn
ing; Signal.
NEW YORK, Jan. 28. Counsel for the
Oceania Steamahlp Navigation company,
owiieia of the White Star line steamer
Republic, today filed a libel suit In the
United States district court against the
steamer Florida of the Lloyd-ItallBno
line, which ran down and sunk the Re
public off Nantucket lightship. 1am
ages amounting to $1,500,000 for the los
of the ship and $500,000 for the loss of
the cargo and effects of the passengers
and crew were claimed. It was asserted
In the libel that the collision was due
to no fault on the part of Captain Sealby
of the Republic, but wholly to the fault
of-4ha Florida, which. It la alleged,
did not keep a proper course, had no suf
ficient lookout, did not give proper
whistles nor pay heed to the whistles
of the Republic; that the Florida failed
to indicate Its change of helm; that it
was proceeding at' an Immoderate speed
and did not stop or back Its engines.
Tho assertion was made that when the
officers of the Republic first heard the
Willi. ties of the Florida In the fog the
Republic's engines were run full speed
astern and that Its helm was put aport.
Shortly afterward the Florida appeared
broadside off the Republic's portslde,
tearing down at right angle below amid
ships "In the effort to escape the blow," de
clared the libel, "the master put the en
gines of the Republic ahead, but the
Florida came on at a high rate of speed,
apparently swinging under a starboard
helm, and crashed head-on into the port
side of the Republic, penetrating Into the
engine room."
Hepablle Hannlag Slowly.
It waa also asserted that at the time
of tho collision the Republic was run
ning at reduced speed; that the captain,
two officers, a quartermaster and a aea
man were on the bridge with two look
outs. Ttie Florida, it la declared, struck the
Republic nearly a square blow and made
a cut extending below the water line,
starting the bulkheads. The top of the
Florida'a bow passed above the Repub
lic's olde platings, wrecked the cabinets
along the saloon and promenade decks
and killed two passengers and Injured
others. The Republic's bulkhead door.i
were closed and the ship began to settle.
The court U asked to condemn the
Florida and order the payment of S-'.OOO,-000
damages to the owners of the Re
public. The Lioyd-Italiano Soclete De Navi
gatlone. owners of the steamship Florida,
also filed In the United Statea distrkt
court a libel and petition for a limitation
of liability against the Florida, Its
freight and paxsage money. The papers
state that the collision was solely reused
by the fault, and neglect on the part of
the Republic. The petitioners say that
damage value of the Florida now does
not exceed $224,000 and asks the court
to fix the liability at not'more than that
amount. '
After the filing of papers In the pro
ceedings against the Florida, United
Statea Marshal Henkel seized the Italian
vessel under a writ of attachment.
Despite President's Two Messages
House Will ot Paaa Heme
dial Measures.
WASHINGTON, Jan. 28-Even a second
veto message haa not convinced nienibcts
of the house committee on Interstate and
foreign commerce of the entire wisdom of
the prealdent's views on the granting of
dam privileges on waters under the con
trol of the United States, and aa a result
it la almost certain that there will be no
remedial legislation at this congress.
The main point of difference between
members of congress ' and the executive
arises out of tho president's proposal to
tax the party constructing the dam for
that privilege. While the committee seems
willing to agree to a license fee it hesi
tates to concede to the desirability and the
constitutionality of an annual tax on the
use of the waters.
The Importance of this question Is re
garded aa so great to the business Interests
of the country that members of the house
want to be aura of their course that it Is
believed tha question will- go to the next
congress. '
Has Original Appropriation Bill Re
ferred to His Committee.
Senate Decides it Can Recognize
Them Without Label.
Subcommittee Considering; Thyaleal
Valuation of Railroad Bills De
cides to Recommend the
Ollta Mraaare.
(From a Staff Correspondent.)
LINCOLN. Jan. IS. (Special Telegram V
Penate employes will not he paid from
January S. as waa provided In a resolution
Introduced by Senator Howell of Doug In S
and agreed to by the democratic majority
In open session. Senator Ollls of Valley,
chairman of the committee on accounts and
expenditures, today ordered the secretary
of the senate to pjrepare the pay roll for,
the actual time of each employe at work
Instead of from the first day of the ses
sion. Senator Ollls Is on record against
allowing extra pay for certain employes
and caused the reference to hla committee
of a motion to pay the senate postmaster
$o a day, made by Klein of Gage.
The senate today decided the lobbyists
need not wear rlnga in their noses or cow
bells around their necks by tabling the reso
lution by liters of York to give each regis
tered lobbyist a badge. The vole to table,
waa 18 to 13.
Senator Mycra' bill for three demonstra
tion farms In northwest Nebraska waa rec
ommended for passage In committee of th
whole of the senate.
The house Judiciary . committee recom
mended for indefinite postponement Shoe
maker's bill to repeal the Sackctt law, a
similar bill being put on general file by
the senate
The subcommittee of tha Joint committee
on railroads, which has been considering
physical valuation of railroad and public
service corporation property, haa agreed to
recommend the bill of Senator Ollls here
tofore published as their Idea of the meas
ure to be introduced. This measure was
agreed upon at a meeting of the Joint
committee this afternoon. It provides the
valuation shall be determined by experts
and under the aupervlsion of tho railway
commission as it exists July 1, 1U09.
First Railroad Valuation Bill.
S. F. 133, providing for tho physical valu
ation of railroad property and that of
public service corporations, was , Intro
duced In the legislature January 20, by
Senator Ollls of Valley, lie specifies the
railway commission slial laaccrlaln the
true, value of railroad, telegraph, telephone. ,
and expreas company property as It exists
July.l, J99. and-shall employ audi expert
help as the governor, juay oonsent to cm
ploy and the expenses shall be met out of '
the money for the maintenance of the
The bill provides that a railroad shall
mean all corporations, Individuals, asso- t
ciatlons of Individuals, their lessees, trus
tees or receivers that now or hereafter
may own, operate, manage or control any
railroad or part of a railroad aa a com
mon carrier In the stale, or cars or other
equipment used thereon, or bridges, termi
nals or sidetracks used in connection there
with, whether owned by such railroad or
The physical valuation shall include:
Value of all real estate, value of all grad
ing, valuo of all bridges, buildings, water
stations and other structures used by the
roud, all Hack material, tools, signals, etc.,
all telegTaph and telenmone materlul
cwned liy the company, all stores and sup
plies on hand, value o f all rolling stork
which In the of an Interstate road
shall be the pioportlon Justly chargeable
to the part of the road lying In the state;
value of shops and machinery, andall other
articles and things belonging to and nec
essarily a jart of the road.
The commission must find the total value
of each railroad, tlio number of miles of
road and the average value per mile of
track. The IkisIh to lie used In arriving at
such value shall be average market value
or cixt of IhOoi- and material.
The values spoken of shall be the
amount of money found necessary to re
build the road complete aa It now stands,
allowing for a reasonable length of time
for assembling the material and doing
the. work necessary for bringing into ex-,
lutence such railroad. The proper reduc
tions shall be made for the wear and
shrinkage In value on account of age and
wear of material.
Full power is given the commission to
rail for reports from all the corporations
affected and to devise schedules which the
companies must answer under oath.
The work must be concluded In the year
1910 and when a valuation f a company
Is determined the opportunity for a hearing
must be granted.
The senate this afternoon indefinitely
postponed Senator King's bill to repeal
the bulk sales law passed by the last leg
Men with Ulterior Motives May Move
Unmarked at Lincoln.
(From a Staff Correspondent.)
LINCOLN. Jan. 28.-(8peclal.) Lobbyists
may now wander through the corridor of
the state capltol,' for the Dlers resolution
to give them badges and to expel those
without badgea has been tabled.
The resolution waa called up this morning
and Mr. Dleri waa anxious that It be
"The members should be posted," de
clared Senator Dlers, "as to who represents
certain Interests. We are sent hero the
representatives of the masses aad we ahould
treat all alike, the masses and the classes.
The resolution la not unwaaonable. It
merely gives us the Information When we
inert one of these persons who they are.
A badge would be no disgrace. They are
worn by hack drlvcra. policemen and mem
bers of fraternal societies. Even our desks
are labeled. Why should there be any ob
jection to labeling a lobbyist, since w have
a law that compels them to coma out Iti
the open and give their business. I have
not bt en bothered by them, but I should
like the resolution to go through so we
may know who they are and what interests
they represent."
Hsrtoa of Saline voted to refer the reso
lution to the committee on rules. Majors of
Nemaha raised the point of order that the
resolution was worded In such form that it
was in reality a Joint resolution and should
tako the same course as a bill. The chair
held the Semite might act upon It Inde
pendently. Buck of OIqc said lie was here two years
ago and believed the anti-lobby law Was
one of the most puerile specimens of leg.
Islalioa that iad beta enacted. The lobby
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