Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 02, 1909, Image 1

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    The Omaha Daily Bee
rresident-Elect Pours Oil on Troubled
, Political Water in Panama,
Exchange of Courtesies at Gibraltar
Takes Place Monday Morning.
Through Attorney Seeks to File Ac
1909 FEBRUARY 1909
'.A 12 3 4 5 6
; 8 9 10 II 12 13
-t ' c id it 10 ir. or.
tion to Oust Judge Dean.
Colonel Goethals Sayi Canal Will Bei
Runs Afoul of Long-Standing Rule of
the Supreme Court.
Tuesday, February 2, 10O0.
23 24 25 26 27
Finished by January 1, 1915.
President of Panama and Members of
Assembly Sig-n Statement.
tames of Amrrlram ever Mfailoard
In Connection with Tlmhrr Con
tract Alone Atlantic (nut,
Smj Officials.
I'ANAMA. Feb. I.-That Mr. Taft la act
ing ns pacificator In the strong post-elee-tlon
factional feeling which at times hu
been very marked, Is shown by the fact
that Invitations have been sent to both
President Ohaldla and Honor Arias, at one
thn? opposition candidates for the presi
dency, (o tlie dinner and reception arranged
for tomorrow by Herbert Q. Squlers, the
, 'Jbcriran minister. In honor of Mr. Taft.
.Mr, Taft this afternoon called on ex-Pres-dent
Amador; who In 111. Amador and
President Obalcllu have not been on
friendly terms for a long time because of
political differences. Mr. Toft wishes to
m ike It plain that his cordiality is toward
I'inama as u whole and not toward one or
another pollllcnl faction, and he has en
i! avored during his stay h"re to treat all
n Hi same cunllal mnnnr.
I'olh aides of the controversy which has
misen through the commissary system will
t" given a hearing, but lie will make no
recommendation with regard to th treaty,
which refers the cioustion to arbitration.
Without doubt tie commissary will con
ilnue, although so-callrd luxuiles will be
i 'linhvited. Mr. Taft Ins expressed full
r mlldence In the Judgment of 8?crct:iry
I i-l l.t thin matter.
Prior l- the vial! of Mr. Taft and th?
Inn cl of engineers tJ the Culebra cut to
i ;iy all tlynnmite was removed from the
w rklnfis. so that possibility rf accident
n Ulit be avoided. Although not speaking
f ir publication, the engineers do nut con
ceal th: Ir satisfaction at the feasibility of
t ic Clatun dum. Colotul iloethals and the
engineers engaged hi the construction
;.w-.k aie much gratified at the results of
t;ie investigation of the special engineers.
ColoneT Ouethuls said today that naval
v.eatla would sail through the lock canal
., January 1, 1915. I
Thb charges made In the United S ates ,
lmue of reprewnlatives recently by R-pre- Jliniy T. lUlncy of Illinois I Unmlnaci I Ohaldla. president of !
. .. u. ,.i a.
; am-mu, mid others, have brought out do-
.,.. . .i.. .i.i... m.m.
... ki.. tk ...0 1
! rrs (if I ha nalioy I ua mbly. The asaem- i
ll.imru .vt ai'.ocd a statement as- i
s ulna tt-at they ere i reseul at a meet
'r lit U,c' prosliA rifs "office, where the
utiacl for the o: ijltatlon nf the tlmler
Mi.:iiiy iiIouk t'e Atlantic coast of
, J" ii airs was oUiitiKS-'d nnd that during
U' m'lirf neither PtesUlent obaldla not
, ,.r.. PVj at Implied that Charles
v, T ft, Will'mn Ntlion Cromwell or Roger
T. Fi i nliniti had nny' direct or Indirect
',i lli.ii jtlnn I" business. Among those
- 1'iii tin state-ni'-nt are Pr. Pablo Ar
s"!cnii. Jul' j F .-liregar and other promi
se nt , '!' a'tl"'i lenders of tiie asi"mhly.
( dne": ring some of l'ie charges President
i 1 i;i.i .ni!1 fc'veti out tiie foM.iwlng state
jv -in i" t ' '.''.1 : in :
it' 'tudc. while In the Colnmb'an
1,.'i!-m of It-'J my entire public life
I i l-eyopd t.." i each o slanderers. The
. -i-iicl- i -A i las povrninent was not nver
i r-nii l u aft t the expiration of It
e , in I it ii'. lentil tcim I- was defeated In a
:. el ctlop.
.' t i.l neetin(r in "iy efflee neither Mr.
t l i-.riii rer nr.v outsidt-rs were present,
:,l tn.-itlcn wns made of Charles P.
i'a't. r.l!m N'lsnn Cromwell or Roger
, I'firr'iim. The vnilwav pr ipeeal was
'.He'it'd Ij II' ajsem'ily by n Mr. Ward
rl'ftsv le.ieelvV T b" Hssrmbly then en-rt-t.d
r '' t'inr!liiB the construction
. ; ii '!' with iiiitional funds to be
i Mine a i.Jtlinnl pronerty. Mr. Khrman'a
I'.mtier ootrsct nls. was rejectfd by the
a w'i'Wv, wtier' a bill is now being dls
i ish.d. itKUlatlng th foreign exploitation
ibo Atli-itli- cc ast between the river
nincfpl'ot and Costa Rlea. including the
ntt-e CI figres vilify."
' Pr-p!dent ChiM'n has discharged a lx-al
frn'olTet" criticising" William Nelson from-
en ami President llooarvelt.
.i-ffiimont cmi-loe who publlsneo
Jrtrtne l.anilla aboenaea Fifty Wlt
nnwi to Test If r la Ser-cii-1
CHICAGO. Feb. l.-Judge Landis has sub
n m.aed fifty witnesses for the second trial
of the government's case against the
ta,,d.ud Oil company of Indiana, the first
,1.,1 in n fine of
nearinK 'i ' - -
f'."9.'js).ix) against ihe company.
Th trial will atari In Clilcagj, before
Judge A. B. Anderson of Indianapolis. Feb
ruary a. who consented to preside st the
rqiieit of Judge Landis.
According to repot t one subpoena was
Issued for J. A. Moffat, president of the
Standard till company of Indiana. Those
of the Standard Oil company offlciala who
thua far have been served are Q. W. Stahl.
t:csurer; John C. McDonald, auditor; Ed
gar Bogardus, traffic manager.
Other witnesses are George Roberts and
t Crossland, expert rat clerks for the
Interstate Commerce commission; Secretary
Kllpatrtck or the railroad and warehouse
commission; K. 8. Hollands, rate clerk for
,h Chicago Alton railroad, and J. 8.
' Howard, former auditor of the Chicago A
Alton railroad.
tatlonal io eroment Take Over
Hevesj Taoasaad Mile ol Meal
ran Central I. lac.
illiXICO CITT. Feb. l.-Th physical
merger of th Mexican Central and the
National railways became effectlv today,
nnd the Mexican government has taken
,ver l.Vr: miles of line. E. N. Brown has
been named president of the new company,
g. M. Fulton, formerly president of th
Central, will remain In Mexico aa th ep
icsentallvc of the minority stockholders,
consisting of a group of Americans headed
by II- Clay Pierce. The financial corpora
tion or th Central, of which Mr. Fellon
tcmalns Ui &t ' PQ disturbed by tb
2v 2L
r. v.
v mnnm
run v "
. i iiri iij niyi r r a nnu
11 1 1 r
nd warmer Tuesday
SKA Fair and watmer
FOR lOW'A Fair and warmer Tuesday.
temperature at Oman a yesterday
. . . . J5
.... 24
.... 24
.... -a
.... 2
.... 'M
.... 30
.... 3K
.... 3
.... 41
.... 41
.... 45
.... 43
.... 42
.... II
.... 39
6 a. m
a. m
7 a. m
a. m
a. m
If) a. m..
11 a. m
12 m
1 p. m
2 p. m
3 p. in
4 p. m
E p. m
K p. ni
7 p. m
ft p. m
9 p. m
The house yesterday passed the Payne
bill prohibiting the Importation of
oplun . Fag 1
The senate passed the house bill mak
ing burdredth birthday of Abraham Lin
coln a legal holiday. Fag 1
New York In grip of cold wave and
heavy frost In south mark proffre of
Miinu which recently passed over tint
west Fag 1
Prci-ldtnt of Panama and sixteen mem
ber of assembly sign statement denying
statements made by Itrpresentatlv e
Kuli.'F. Fag 1
Atiitrlean battleships arrive in Gibraltar
an I hh lutes resemble naval cngagemnt.
Fag 1
A in ( uneeinent Ismade at Lincoln that
P. t". Ueafey wilt be the Jacksonlan cun
clldat'J for mayor of Omaha. Fag B
Joe: N. Weal, acting for YV. 1). Oldham
asks leave of supreme court to file quo
warranto suit against Judge Dean. Fag 1
lr. Young and other democratic em
ployes take charge of the Norfolk Insan
hofrtital. rag 3
The Conner will ease has been post
pctic'l. awaiting the arrlvul of Rt. Rav.
Itli'hard Scannell, bishop of Omaha, wlio
will lie culled to testify on his return
fro'ii Ireland, where he Is at pres-
rn- Fag 8
1 1 hm acciulreil some new cltiueni
l rp(le,'al building Monday, but some
fttl'e1 l Px examlnationa and cannot
"Pt ""er the nag" until they know a
'cw more t l.lngs Fa,. 3
J- tn"p"- "y frHlclsfrt by
Judge . (3. Sears In open letter, rep l.i
" ' ' ' , ,
to bPur- 11,8 --ltlrn. and defends his d-
fense of Wetmore nnd conduct during the
c Tf
l.lyntnrk inarkrts. ., rag T
(iralii niaiket:i. Fag 6
Stocks and bonds. Fag 7
Pnrt. Arrived.
NKW VnrtK.... Kurnpa
t-IVKRPOoL.... Svtvanla ...
HALIKAX Hlvrford...
CIHHAI.TAR.... l.rmnl. ..
D'iSTON Uurtntlan.
. .. rampants.
... Cytnrta
... Philadelphia.
... lbrlan.
MalUer Faction t.lves I s KlKkt aad
Decks Are Cleared for
INDIANAPOLIS, Feb. I. -The cause of
the anti-Lewis faction In the I'nited Nine
Workers convention has been lost, John
Walter of Illinois, who opposed President
l-ewls for re-election tonight that he
would not contest Lewis' election, which
probably will be reported to the conven
tion tomorrow. ,
'8uch action would be hopeless." he
nld. "The convention has been packed
against me."
President lewis' malnrity likely will be
COK). Walker learned the sentiment of
the delegates toward him when by a vote
of l.ii7 to 1.054. he was refused an ex
tension of time a speak against the com
mittee report approving the course of
President lewis and the executive board
In suspending President Van Horn and
other officials of District No. 11. Indiana,
hsvlng disobeyed the mandate of the
national officers to discontinue the Hudson
mine strike.
i The refusal of President Lewis to aid
the striking miners of the Mercer-Butler
field, Pennsylvania caused a debate. Thia
brought a r.-mark from Mr. Iwls that
there should be no further quarreling over
personal differences and that the business
of the convention should be disposed of as
; quickly aa poslble. He would give all
Information asked for In regard to the
Mercer-Butler s-rlke, he .aid. but would
noi Dicaer won . u .
. i. i u. .Mr -u
It will be necessary to elect a vice presl-
dent and a secretary treasurer during the
session, as during the December electln
no candidate received a majority.
Rnlldlas; In Wnlcn Steamer Monitor
Was Ballt Darlngr War De
stroyed by Fire.
SCHENECTADY. N. T., Feb. l.-Th
Central Arcade, consisting of twenty stores
on the ground floor and offices, society
rooms and printing plant above, waa de
atroyed by fire today.
Th Central Arcade wa formerly the
Clute Brothers machine shop, where th
famous United States steamer Monitor,
which defeated the Merrimack on tlw
Hampton Roada during th civil war was
built. Th fliemen fought th flames with
the temperature registering S below xero
and scores of them wr frost-bitten.
Two Bnlldlnajs Bnraod, with F.stl
aated of Nino Tkonsand
(Special.) Fir In this city early yesterday
morning burnt two buildings owned by a
nonresident. On was occupied by Tom
Gorden, for furnltur and undertaking
goods, th other was used by Harvey
Raiter as a restaurant. The estimated loss
on building Is I. 000; th Insurant- on
buildings. 13.000; furnltur. C.OQO; restau
rant and fixtures, StXi,
Korfalkahlre Rrglmrat In Coats of
Red Forms a Gaard of Honor
for American Admiral on
Official Visit.
GIBRALTAR. Feb. l.-For one hour this
morning the port of Gibraltar seemed to be
the scene of a naval engagement t close
range. The American battleships that ar
rived yesterday were exchanging salutes
with the shore and the foreign warships In
the harbor that were omitted because of
Sunday. The Connecticut saluted the port
and flag of Vice Admiral 8lr James Good
rich, the commander of all the naval estab
lishments at Gibraltar, with twenty-one
guns, and when these had been returned
gun for gun from a shore battery and the
Hrlllsh battleship Albemarle other salutes
were fired to and answered by the Rus
sian, French and Dutch warships In port.
The reverberations were Incessant for an
hour and clouds of grsy smoke blew over
the waters.
The colliers promptly took up their posi
tions alongside the Minneapolis, Vermont
and Kansaa and before the sound of the
saluting guns had died away the bands on
board these, ships were playing "rag time"
to liven up the dirty and arduous work of
Each ship requires from 1.2(0 to l.WO tons
to fill lis bunkers for the homeward voy
age. The Rhode Island and New Jersey came
Into port at 10 o'clock thia morning and
were followed an hour later by the fourth
division, the Wisconsin, Illinois, Kearsarge
and Kentucky, which anchored outside the
breakwater. The third division, consisting
of the Louisiana, Missouri, Ohio and Vir
ginia, brought up the rear and presented
a beautiful picture as they steamed In,
glistening In the sunlight and their signal
flags cracking In the smart breeze. The
warship basin is too small to permit the
entrance of the entire American fleet; con
sequently some of the vessels had to an
chor outside.
Rear Admiral Sperry. accompanied by the
members of the staff, came ashore at noon
and called officially upon General Sir
Frederick Forrest ler-Walker, the military
governor. A guard of honor, consisting of
a company of the Norfolkshlre regiment.
In red coats, met the admiral's launch at
King Stairs and escorted the carriages of
the American naval officers to the resi
dence of the. governor.
nsjasla Presents Plan to Iteeonrlle
filapnte He t ween Turkey and
ST. PfcTKRSBl'RG. Feb. l.-The Turko
RulgaTlan deadhek over the Amount of
money to bo paid Turkey by Bulgaria be
cause of the Bulgarian declaration of Inde
pendence Is practically broken and the war
clouds In southeastern Europe have been
dissipated by the acceptance of a plan pro
posed' by Russia which reconciled In a'nvvel
manner the Turkish rTalnr tif Slf.tWO.OOO and
the Bulgarian offer cf H6.00n,000.
' This plan Is based on the war Indemnity
of $1.6(i0,0i)0 a year, which, in accordance
with the Berlin treaty of 1S78, Turkey is
to pay Russia for 100 years. These pay
ments bcai1 no Interest. The Russian pro
posal Is to remit them until the Turkish
claim against Bulgaria is satisfied. Rus
sia will collect Instead SIS.400,000 from Bul
garia in similar installments. These pay
ments will bear Interest and the amount of
this Interest will recoup Russia.
Bulgaria has formally assented to this
proposal and the Russian government has
assurance that the plan is satisfactory to
the Turkish government.
Affirms Verdict of 914,500 for Death
Due to Substitution of t.aao
llne for OH.
WASHINGTON. Feb. 1. The supreme
court of the United States today held the
Waters-Pierce Oil company of Missouri re
sponsible for the death of the wife 'and
two children of Albert Deselms of Orlando,
Okl., thus affirming the decision of the su
preme court of that atate, which affirmed
an award of SI 4,500 damages by the trial
court. Mrs. Deselms and the two children
were burned to death en February 4, 1903,
in a fire which consumed Deselms house
and which It waa claimed originated in
kindling a fire by the use of what was
supposed to be pur coaloll supplied by the
Waters-Pierce company, but It is now con
tended that there was such a large per
centage of gasoline as to render It unsually
Contest Over Distribution of Over
Million Averted by Com
promise. KANSAS CITY. Mo., Feb. 1. The con
test over the $1,300,000 estate of Dr. I. M.
Ridge, a pioneer physician of Kansas City,
who died in 17. waa settled today through
compromise. By th term of settlement the
doctor' widow, who was his second wife,
will receive two-fifths o fthe tslate and th;
three children by Dr. Ridge's first wife,
each one-fifth. The will of Dr. Ridge left
the entire estate to his widow, cutting lh
children by his first marriage off with S500
each. Dr. Rldge'a first wife is dead. It
waa alleged that Mrs. Ridge had exerted
undue Influence over her husband at the
time he made his will.
House Committee Vote to Grant Two
Valleys In Yosenalt to San
WASHINGTON. Feb. l.-By a vote of S
to T the house committee on public lands
today decided to report favorably th reso
lution which grants to the city and county
of San Francisco the right to us th
Helehy and Lake Eleanor valleys In th
Yosemlte National park for reservoir pur
Cabinet Officer Confined la
dence by Attack of
WASHINGTON Feb. 1. Secretary of th
Interior Garfield has been confined to hi
residence for the past two or three days
with a severe attack of th grippe.
His condition is marked by high fver.
H was much improved today.
I 'x-"0 rzz
o ' o
Bryan Mother, I want you to get me a sled like Georgie
From the Spokane Spokesman-Review.
Lowest Temperature of Year, Ac
companied by Biting Wind.
Soup l.lne Longest In Year and Many
Arc Sheltered In Mission
Killing; Frosts In the
Bl I.LKTI??.
WASHINGTON, Feb. l.-Killlng frosts
as far south aa the twenty-sixth parallel
and temperatures from to t degrees below
freesing were reported from central and
north Florida today. The cold wave contin
ues eaat of the Mississippi river while to
the westward temperatures are again above
the seasonal average except in the south
west. The weather bureau today an
nounced that the cold anap will continue
tonight In the east and south, followed by
rising temperature Tuesday. Freezing tem
peratures will again ooour In the south At
lantic states.
Poor Suffer rn n York.
NEW YORK. Feb. l.Swept by a biting
northwest wind. New York City today ex
perienced the coldest weather of th winter.
The temperature It, .vt .po .ions of the
greter city was down to sera Just before
daylight and the official thermometer of
the weather bureau registered S degrees
above xero.
Two thousand applicants for food and
coffee, were lined up at t3ie Bowery mission
during the night, the largest number fed
there this winter. In addition to these 31S
persons, . including twenty-four women,
were given shelter at the City lodging
house and the pier of the Charities de
partment, at the foot of East Twenty-sixth
street. The street cleaning department had
600 men at work removing the snow during
the night, but when th cold became so In
tense the work was discontinued.
Eighteen families were driven from their
homes In a tenement house In East Seventy-seventh
street by a fire early today.
Policemen whose, pity was excited by their
suffering from the cold went through the
adjoining houses In search of neighbors
who would give them shelter. The fire
caused little damage.
Kentucky Is Shivering;.
LEXINGTON. Ky., Feb. l.-Although the
weather was Intensely cold throughout cen
tral and eastern Kentucky, the temperature
continued slowly dropping today. Great
Buffering Is reported In the mountain dis
tricts and much live stock is reported to
have died from the cold. Great snow drifts
in this section are being plowed through
today and rural mail service will soon be
Canadian Town Out of Coal.
WINNIPEG, 'Mm., Feb. l.-A telegram
last night from Aberdeen, Saskatchwan, on
the Grand Trunk Pacific railway, said:
"The worst storm of the seaaon is raging
and the town Is completely out of coal.
Traffic Is also blockaded."
It Is believed her that a number of
places In that region are similarly affected,
as the Grand Trunk Paciflo haa not run
a train over that portion of Its line for
three weeks, owing to snow blockades.
Suffering la Mexican Adobes,
EL PASO, Tex., Feb. 1 The coldest
weather of the season has prevailed In
northern Mexico for the last few days.
Great Buffering is reported among the
poorer classes, who live in a. lobe huts and
are unprepared for anow and cold..
Manager of Syndicate to Testify Be.
fore Steel Probe Committee
of Senate.
WASHINGTON, Feb. l.-ServUe has been
secured by the sergeant-at-arms of th
aenate upon Grant B. Bchley of New York
and he will appear before the epe
clal commute of the senate tomor
row when it resumes consideration
of the resolution' providing for an
Investigation of the president's authority
for permitting the absorption of the Ten
nessee Coal and Iron company by the
t'nlted States Steel corporation. Mr.
Schley is a member of the brokerage firm
of Moore A Schley and was named by
Oakletgh Tliorne. president of the Trust
Company of America, as one of th man
ager of the syndlcat which held a con
trolling Intereat In the stock of the Ten
nessee Coal snd Iron company at the time
of the merger.
Charred Bodies of 1TO V lot lass of
Coaflacratloa la Fleet of Flower
Boats Heeovered.
CANTON. Chin. Feb. l.-At least XX)
lives were lost in a fire which oceured to
day in a fleet of flower boats. Th charred
bodies of 170 victims hav already been re
covered, but manjr Jerioo alUl missing.
British Steamer Clan Ranald a Total
Wreck Near Melbourne,
MELBOURNE). Feb. l.-Th British
steamer Clan Ranald is a total wreck near
Edlthburg and the captain and forty-six
of the crew, most of whom were Asiatics,
were drowned. The vessel was drifting
ashore last night, but sank before boats
could reach it. Eighteen members of th
crew, including twelve coolies, were picked
The Clan Ranald was struck by a heavy
aea yesterday afternoon and rendered un
manageable. Then being driven ashore It
turned turtle.
PHILADELPHIA, Feb. l.-There Is con
siderable anxiety over the German steam
ship Maria Rlckers, now thirty-one days
out from Grenock, Scotland, and more than
ten days over due. The anxiety Is made all
the greater by the fact that terrific storms
have swept th Atlantic lately.
The ship Is under command of Captain
A. Rupp and carried a crew of thirty-two
men when it left Grenock, January t.
It has no cargo but Is to load case oil
here for Japan.
To the recent storms shipping agent
ascribe the tardiness of the Hamburg
American liner Louise, for Hsmburg; the
Cosmopolitan liner Canadia, from Rotter
dam, and the Atlantlo transport liner Mon
tana, from London. Vhey ar from two to
four days overdue, but ar expected to
make port trday.
Governor Smith, In His Message,
Sharply Criticise Municipal
Government of Manila.
MANILA, Feb. l.-Tlie Philippine as
sembly opened todsy with simple cere
monies, president Osmena presiding. Th
first business to come before the body waa
the annual message to the assembly of
Governor General James F. Smith.
Governor Smith deplored the growing gulf
between the Americans and Filipinos in the
Philippines, and strongly urged that they
draw closer together and act In unity for
the best Interests of both.' His message
sharply criticises the -municipal government
of Manila and the municipal police force,
the personnel of which, he said, was not
equal to that of the public servants of the
Th provincial government Governor
Smith pronounced to be entirely satisfac
tory. The annual report on the revenues of th
Island shows a decline of sbout 1,000,000
pesos (about $300,000) for 1908, under the fig
ures of 1907.
Murderer of Policeman Electrocuted
at Slue Sinn-- Bllllk Goes
to Penitentiary.
OS8INISG, N. Y.. Feb. l.-Salvatore
Governale was put to death In the electric
chair at Sing Sing prison today for the
murder of two New York City policemen,
George M. Sechler and Albert A Sllleck, on
Sunday afternoon, April 14, 1908. The double
murder followed a fight In Washington
square during which Governale fired a
revolver at a fe'.lew countryman. The
policemen Interfered and chased Governale
Into a hallway from which he fired on
the officers, shooting both fatally.
CHICAGO, Feb. 1.-Herman Billlk, after
two years 'mprisonment In the county Jail,
during which period he has five times
been respited from death on the gallows,
was tsken to the Jollet penitentiary today
to begin a term of life Imprisonment for
the murder of Mary Vrxal. The death
sentence was commuted to fe Imprison
ment by Governor Deaeen.
Al Least Three Handred Billi Looked
for In Oklahoma Grand
Jury Case.
Ml'SKOGEE. Okl.. Teb. l.-It was stated
here today from a . reliable source that
ihe government expects the federal grand
Jury now in aesalon here to return at least
300 Indictments Involving from fourteen to
twenty persons In the alleged Muskofee
town lot fraud cases. The Jury resumed
its session today, examining several wit
nesses. It hopes to have heard all the evi
dence by Thursday evening next, when it is
believed any Indictments that are to be
made will be returned promptly.
Examination Falls to Show Wrong
Doing by Cashier, who Killed
PORTSMOUTH. Ia., Feb. 1. The State
Bank of Portsmouth, which has been n
the hands of the slate bank examiner sine
th suicide nf in cashier, C, 8. Serogglns,
was ropend In temporary charge
of T. J. Ko,-th of Coi.ncll Bluffs. There
war but few withdrawals of deposits. Th
bsnk exsmlner reports th bajik in excel
lent condition and says no evidence waa
found of wrong-doing by th cashier.
Measure Prohibiting Importation of
Drug Goes Through House.
Provision to Pay Traveling; Expenses
of West Point Cadets to In.
angnratlon I Stricken
WASHINGTON, Feb. l.-Vnless the senate
comes to their rescue the West Point cadets
will not be able to attend the inauguration
on the tth of March at the expense of the
government. The cadets have been one of
the big attractions of the Inaugural cere
monies for many years past. By a point
of order an Item providing funds fof the
cadets' trip to Washington was stricken
from the military appropriation bill.
Another item removed from the bill was
an appropriation fur the construction of an
asylum for refugees In time of war and
another for a storehouse on Corregldo Is
land In Manila bay. On account of time
consumed with bills under suspension of
the rules the consideration by the house
of the appropriation bill was not completed.
Under suspension the house passed the
Payne bill, prohibiting tho importation nf
opium, but refused to pass the senate bill
to pension ' federal Judges.
The Bennett bill, for the exportation of
aliens convicted of ft felony, was also denied
passage. A limitation was placed upon the
cope of the Olmstead special committee to
Investigate appropriations for and the work
of the secret service of the various depart'
The house adjourned at 6:28 p. m.
Mr. Foraker Attempts to Get Consld
eratlon for Brownsville Bill.
WASHINGTON. Feb. 1 Seventy-five
bills on the calendar of the senate were
passed today. The consideration of these
measures, most of which were of local
character or of minor Importance, con
sumed nearly the entire session of the
Senator Foraker attempted to get con
sidoratlon for the Aldrleh substitute bill
providing for a court of Inquiry to pass
upon the qualifications of the discharged
mgro soldiers of the Twenty-fifth regi
ment, charged with having shot up
Brownsville, August 13-14, 1906, but post
poned making a motion for that purpose
In order that Senator McLaurln of Mis
sissippi might speak on the Brownsville
affair tomorrow.
Mr. Foraker announced that after Mr.
McLaurln'a speech be would endeavor to
get action on the bill. The senate passed
without amendment a house bill declar
ing February 12, 1909, the centenary of
th birth of Abraham Lincoln, to be a
legal holiday and recommending a gen
eral observation of that day.
Senator Carter, In charge of the postal
savings bank bill in the senate, today an
nounced that he would endeavor on Wed
nesday to get a vote on It. although he
fully realised the Improbability of that
bi'l becoming a law In the few remain
ing days or this congress."
Bills passed by the senste today fol
low: Providing that sentences of the general
coirt martial which Involve the dismissal
of a midshipman at the naval academy
shall be approved by the president.
For the naturalisation of aliens who
served five years In the United States
navy or marine corps.
Appiopiiatlng 180,083 to pay war claims
of religious orders of the Catholic church
in tho Philippines.
Two-Third of street Cor Patrons Are
Now Paying Five Cents
a Hide.
CLEVELAND. O.. Feb. 1,-In accordance
with instructions recently issued by Judge.
Tayier of the federal court to the receivers
of the entire street railway system of Hit
city, the rate of fere was Increased, be
ginning this morning, on all lines except
upon those where the franchise specifically
provide a rate of not more than S cents.
Approximately two-thirds of the street car
patrons are now paying a straight 5-cent
fare, or eleven tickets for 60 cents. Patrons
of the t-cent far lines ur compelled to
pay 2 cents for a transfer, while passengers
passing the regular S cent fare obtain ttans
fers free to any line In the city.
Judg Tayier ordered the rate of fare In
creased because of the inability of the
company to pay running expenses and to
liquidate accumulated debts under the 3
tent fare, wh'ch raw has been effective on
all line In the city since April 29.
Supreme Coart Denies Application of
Company In Effort lo Void
Eighty-Cent Law.
WASHINGTON, Feb. l.-Th suprrme
court of the United Slates today denied the
application of the Consolidated Gas com
pany ef New York for a rehearing. The
case Involves th validity of th SO-cent gas
law and was recently decided against the
company and in favor of th law.
Must Waive Rights in Order to Per
mit Oldham to File.
Allegation Legislature and .Not Board
of Canvassers Has Authority tii
Innvnss air and Sheldon'
Appointment Illegal.
(From a Staff Correspondent.)
LINCOLN, Neb., Feb. 1. (Special Tele
gram.) Joel N". West of Omaha In behalf
of W. D. Oldham, Governor Bhallcnberger s 1
latest appointee aa supremo Judge thi.
afternoon filed a request with tho supreme
cxiurt for permission to begin quo warranto
proceedings to oust Judge Dean and seul
his client.
Tho supreme court took tho request under
The reason for the court taking lh
question under advisement Is the practice
of the cyiurt heretofore In permitting tho
filing of quo warranto proceedings directly
In tho supremo court only when the action
Is taken by tho attorney general. It has
been the practice In all except these cases
to require the, ..original filing In the dis
trict court. Oldham filed with the supreme
court a waiver of his right to a hearing
In the district court and Jmlgo Dean wan
also asked to do so. He has this matter
under consideration, but has not Indicated
when he will return an answer.
Inasmuch as the case Involves the su
premo court. It would seem rather ivculiar
for district court to assume Jurisdiction.
The suit, which Mr. West will file It
the court grants him Its permission Is
entitled Oldham vs. Dean, and the petition
asserts the state board of canvassers acted
without authority when It canvassed tie'
vote on tho supreme Judgeship. It contends
the legislature has the sole ngnt to con
vass the vote nnd that therefore Governor
Sheldon's appointees are without right tii
the office. It also asserts the law of
1877 giving the legislature the right to can
vass was never repealed. In conclusion It
asks that Judge Dean be ousted and Old
ham seated.
The action of the supreme court In taking
the application under consideration is taken
to mean the application Is not considered
a mere formality.
Text of the Petition.
Following is the Wxt of tho 'p"t.ii,f,n:
The relator, however, shows to the court
that the said board of canvassers tin can
vassing the vote on the snld constitutional
amendments, acted unlawfully snd wlihout
authority and that their sets with reupect
the vote wrro utterly void and. with no
effect, for that secvtlon 4 of chapter 3 nl
the compiled statutes of Nebraska of JHl
as rnaeted In 1877 pxnrc"i1 provided:
"Public notice that the pri noced amendment
or ainenments Is, or arc to be voted upon
shall be given In each county in the same
manner aa is or may be required by law
regulating general election, unci t lie re
turns shall be made and the hooks can
vassed In the same manner ami by the
same effleers as is or may be required by
law In the case of electing the execuiiw
officers of the state."
While It Is true there was contained ;n
the compiled statute of Nebraska of ivtr,,
which purport to be n law enacted by
the legislature of lS9.r, whereby It. the law
of 1K77 above referred to, nurports to have
been repealed, and by which act of 1M5,
th power to right to canvass upon flie con
stitutional nieiidinents purports to be con
ferred upoithe state hoard of canvassers,
yet in that behalf the relator shows to the
court that the said aet of IS! never was
In fact legally and constitutionally adopted
because of the following defects and omis
sions, towlt:
The bill for said aet of ISIS originated In
and was passed by the senate as an aet
entitled "An aet to amend section 4 of
chapter1 3 of the compiled statutes of N.i
braska" and as so passed by the senate
contained no words or language whatever
repealing or purporting to repeal or at
tempting to repeal said section 4 so at
tempted to be amended by said act, and
was thereupon sent to the house where
the said hill was amended by adding there
to another sectlnn in the following words
and figures, towlt: "Section 2: That said
original section 4 of chspter 3 as heretofore
existing Is hereby repealed." That there
upon the said hill, as amended In the house
as aforsald was passed by the house snd
sent to the senate for Its concurrence, but
relator shows to th court that said bill
as amended was never voted upon by the
senate nor psssed by the senal". but the
bill, amended as It came front the house,
without being voted upon bv thn senate or
In any manner passed by the senate, was
signed by the president of the senate and
the governor and appeared In the com
piled statutes of 1895 as the purported law;
whereas. In truth and fact the same is ut
terly null and void because not passed In
the manner and form required by the con
sclitulion of the state of Nebraska.
History of Legislation.
Your relator further shows to the court
that afti-r the publication of the compiled
statutes of 1H96 in which the said section
4 of chapter 3 as dassed In 1877 did not
appear, and in which In lieu of said sec
tion 4 of said chapter aa enacted n 1877.
there did appear the alleged and pretended
amendment of said section aa said amend
ment was attempte to be made by the ac
tion of the legislature of 1S05 aa herein
above recited, and thereupon the said legis
lature nf IS'J7 passed and adopted an aet
as chapter 6 of thn laws of 197 entitled,
"An act to amend sections 4, 11 and 18 of
chapter of the compiled statutes of ISO
and to repeal said section as now existing."
That thereafter ill the compiled statutes
ef 187 and thenceforward to and including
the compiled statutes of 19c. the said sec-
lion 4 of chapter 3 as enacted In 187 and
hereinabove alleged, did not appear, out
In lieu thereof there appeared In an alleged
silt Ion 4 of chapter ft as the same was
passed at the session of tne said legislature
of IhfT. being a purported amendment not
of the said section as adopted in 1877, but
an amendment of the said section as at
tempted and pretended to have been
adopted in Vi- Said act of WSl did not
attempt or purport to amend or repeal said
section 4 as of the law of IS77.
That therefore the legislature of lr7
passed and adopted an act known as chap
ter i of the laws of 1!'7 and entitled, "An
aet to amend section 4 of chapter III of
the compiled statutes of Nebraska of lh
year 16 It'. A. H. BKoti. and lo repeal said
section :iuil also to repeal section 13 nf
chapter Mi A. 8. &5:!. and thereafter
there apnea red ill Ihe compiled statute of
l'.io7 us section 3 of chapter ill thereof thn
siid section 4 as attempted to he ammded
by thn said legislature of I'.M that by
said aet of ls'J7 the light and auiiorlty of
tli state canvassing board to canvasu that
votes upon constitutional amendments, if
it ever existed, waa repeal d and thereupon
the right to canvass the said vote upon
constitutional amendments, and to ascer
tain the result of the said vole and election
thereafter Inhered In tho legislature and
was pniirly and legally exereised by the
legislature In the manner hereinbefore re
lated; Ktiot lte ause of the Kalil law of 1K77,
which ha never been repealed or amended,
Second. Bees use ef the Inherent right,
and power of th legislature to make sueli
canvass and ascertain th result of