Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 19, 1909, Page 4, Image 4

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The Omaha Daily Dee
Entered at Omiht postofflce a econd
rlm matter.
Daily Ffe (without Sunday), one year...$4W
Dally Bee and Sunday, one year .00
Pally Be (Inrludlnir Sunday), pr wk ISe
tlly Bra (without Sunday). per week.. 10c
Evening Km (without Sunaayt. VT week "
Evening pee (with Sunday), per week.. 10e
Sunday Be, one year BW
Saturday be, on year IH
Addresa all complaint, of Irregularities la
delivery to City Circulation Department.
Omaha The Be Tiulldlng.
South Omaha Twenty-fourth and N.
Council Bluffs 11 Scott Street.
Lincoln 61 Uttl Building.
Chicago 16M Marquette Building.
New York Room 1101-IJ01 No. M Wilt
Thirty-third Street.
Washington 72S Fourteenth Street. N. W.
Comraunfcatlons relating to new an edi
torial matter should be addressed; Omaha
Bee, Editorial Depsrtment.
Remit by draft, express or poatAl order,
ravahle to The Bee Publishing Company.
Only l-rent atampa received In payment of
mall account. Personal checka. except on
' Omaha or eastern exchangee, not accepted.
Ftate of Nebraaka,. Douglas County, :
George B. Taarhuck. treasurer of The Bee
runiienmg company, being duly sworn, eaya
thst the actual mimttr of full and complete
copies of The Dally. Morning. Evening and
Sunday Pea printed during the month of
March. 19U9, was aa follows:
1. .......... S,B30 IT MM
I lt,lN II S8,tM
1 '. . S9.300 II ,000
38.S39 tl CT.B50
88.710 I J..,, MI,M0
? STooo it M.rro
i 3S.S40 14 saao
ss,ioo "tl :,mo
i o ti .... saeo
II 88330 If,. 0,500
ii 8,to ' ii t?,oo
i M,ieo it ss.oeo
14 ..... 87,000 - . 19 S8.S70
la 30, II.
l. ........
. Total . MOMao
Less unsold and returned copies.. 10498
Nat total i 1,17.1 BS
Dally averaga SS.S1T
Subscribed In my presence and sworn to
before ma this lat day of April. 190.
(Seal) , Notary Public
' Sabscrlbers leaving- tha eltj teaa.
porartly ahoald kare Tke Baa
Mailed ta these. Addrwaa will k
ckem;! aa aftea aa reejsjootoel.
The sultan of Turkey 1 being dis
turbed entirely too much at night for
a sick man. .
There la one Invasion which never
worries the English public that of
the American tourist.
Indiana Is experimenting with the
shotgun cure, for night riders. Con
sistently applied it ahould be a success.
Under the new law the city collector
of St. Louis will be compelled to give
a bond of $13,000,000. That should
hold him for a while.
Ex-President; Eliot's list of the six
best books dqesjioj; include theTeytsed
foot ball rulem Does he think the
modem university a failure?
'Don't get scared and think It Is an
earthquake if yon hear something un
usual. It is about time for the explo
sion of some base bell phenoms.
(Jcorxe Gould has Joined the Opti
mist club. Strange what an effect
the adjournment of tho legislature
Always has on railroad magnates.
Just think what Castro must bo suf
fering at yrescnt, marooned on a slow
boat when there Is so much he would
like to ?ay where It could be heard.
A Philadelphia educator says Chil
dren are all liars. How often have we
wished visitors at the family home
would take that view of children's re
marks. ..
Missouri reports ,an earthquake.
Possibly the tremble was only ' the
collision of the prohibition resolution
from the legislature with St. Louis
"Dick" Croker pitched the firat ball
of the league season in New York. He
dd not stay the game out, however, aa
New York long ago "got onto" Rich
ard's curves.
Bryan has declared that Secretary
of War Dickinson docs not represent
the south. Just when or how did Mr.
Bryan acquire the right to be the
spokesman for the south?
Wrestler Gotch is said to have re
ceived $14,000 for his fourteen min
utes' work in disposing of the Turkish
wrestler. That bcata a wheat corner
if he could keep up the gait.
New York papers insist that the
politicians are knifing Hughes. For a
man who has been knifed so often he
manages to have good success in keep
ing out of the political hospital.
Patten's wheat corner continues to
draw money Into the pocketa of the in
side manipulators, but a few days of
growing weather In the wheat belt will
take a lot of the support away from
thil clique of gamblers.
The democratic councilmen who re
cently voted down ordinancea levying
an occupation tax against the public
service corporations In Omaha are now
asking re-election on a platform prom
ising to levy such a tax. This la the
normal democratic Idea of consistency.
"Dollar Gas" waa a mighty shout
when the democrats went Into power
In Omaha three years ago, but the con
umera and the city as well are paying
the same figure that prevailed then.
The only reductions that have been
made in charges for light In Omaha
have been brought about under repub
lican administration, and the voters
realize this.
A Faithful Servant.
The sudden death of City Engineer
Andrew Rosewater deprive the people
of Omaha of a faithful servant. Prac
tically the whole of his professional
life waa devoted to the service of the
city and he was engaged up to the very
last moment In attending to the oner
ous duties of that most responsible
- The designing and construction of
all the public worka of Omaha, a task
particularly difficult in view of Its
rapid growth from an overgrown town
to a metropolitan city, Is to be credited
to him, and the future growth of the
city, so far as respects the extension
and perfection of these public works,
must needs be along the plana which
he has outlined and for which he has
laid the foundations.
In the case of City Engineer Rose
water, as so often happens, the value
of efficient and conscientious public
service has not beep appreciated at the
time of rendering it, but will be meas
ured at-Its true worth In later years.
As city engineer Mr. Rosewater stood
unfllnchinglyfor the Interests of the
public and kept on the firing line
whenever those . Interests were
menaced by selfish schemers or unscru
pulous contractors. Even his worst
enemies will concede that he was abso
lutely Incorruptible and unswerving in
fidelity to the city, and It wae this very
characteristic of incorruptibility that
raised up against him the succession
of antagonism and opposition and cul
minated in the enactment of a law
making the office efective In order to
harass and embarrass him, If not to
end his official career.
His premature death has been,
doubtless, hastened by the overwork
devolved upon him by the failure to
give him sufficient help and the excite
ment necessarily arising from these
constant contests. Whea a public
servant serves the people faithfully
and efficiently more than a quarter of
a century In a public office of such im
portance and dies a poor man, as he
has died, he has earned a popular
tribute to his memory.
Increased Gold Output.
Figures compiled by the London
Statist ahow that for the year 1908
the world'a output of gold was $409,
000,000, the largest since any record
has been kept of the yield of precious
metals, and without doubt the greatest
in the history of the world. It is more
by $9,000,000 "than for the preceding
year and by $19,000,000 than for the
year 1906. The outlook is for further
expansion, as there haa been no serious
working out of present fields and pres
ent methods of mining and extracting
the gold have greatly decreased the
loss of metal in the process of milling
and reduction.
The figures, of gold production are
especially, interesting as bearing upon
the high prices prevailing all over the
civilised world. Increase of consump
tion in food products in the ratio it
bears to production plays a part, but It
ia the. general verdict of political
economists that Inflation of circulating
medium is always accompanied by
higher prices. As gold has become by
common consent the circulating me
dium of all the great commercial na
tions, this vast influx of that metal can
scarcely fail to have had its effect.
Substitution of silver confessedly
would not remedy the matter, for the
possibility of its production is prac
tically unlimited. Time will work a
readjustment of the relation of' all
things measured by money, but all
artificial means are bound to fall now
as they have In the past.
A Masterpiece in Figurei.
If railroad managers err in any
direction, which la not to be admitted,
the ripe Judgment shown in placing
experienced newspaper men In charge
of their publicity bureau makea ample
amends. In that particular line their
wisdom outshines an arc light In a fog.
Any doubter open to conviction can
readily convince himself by an exam
ination of the latest brochure from the
railroad publicity bureau at Chicago.
It beara the Imprimatur of Slaaon
Thompson, together with some relevant
remarks of an edifying and enlighten
ing character.
Mr. Thompson is an artist among
figures. He is charmed with their
company, and generously conveys slabs
of the charm . to the reader without
price. But the only figures exuding
genuine charm are railroad figurea,
grouped in imposing arrays, for which
Thompson Is Justly famous. All others
are base deceivers. To Institute com
parisons would be a waste of time and
space. A mere outline of the reasons
which Inspired the artistic production
will serve to whet the edge of curiosity
and give the wide circulation Its merits
, In a heedless moment the statis
ticians of the Interstate Commerce
commission put out a set of figures
showing railroad earnings for a series
of years past. The figures were
grouped by calendar years. The ex
hibit for 1907 included nine of Jhe
most prosperous months In railroad
history and three months of the de
pression following the October panic.
The figures for last year did not look
aa blue as tearful prophets predicted,
and the railroad losses by this group
ing were not sufficiently imposing to
paralyse otfenalve agitation. Instantly
Mr. Thompson leaped Into the breach.
With the skill of an expert and the
enthusiasm of a revivalist, he smote
the official deceivers hip and thigh and
tossed the fragmenta on the dump.
Then began the joyful task of making
railroad figurea trumpet the truth.
Choosing October, 1907. aa the basing
point of calamity, he developed pyra
mid after pyramid of figures, stretch
ing like signal towers over main lines
and sidetracks, until the group picture
of disaster was as gruesome as a
head-on collision. Mr. Thompson's
showing of losses outshines all records
of calamity and leaves the official fig
ures hopelessly In the rear. That waa
the intention. Second only in 1m
presslveness Is the delicate Insinuation
that the railroads were the only suf
ferers by the panic. None else lost a
Yor delicacy of touch, effective
grouping, and matching of colors, the
figure work of the bureau Is a master
piece. If Mr. Thompson's salary does
not rise to the level of his skill the
public must conclude that railroad
managers not fully appreciate art
for art's aake.
Education in the South.
A recent meeting at Atlanta is sig
nificant of the progress being made In
the new south. That the south has
set about solving the industrial prob
lem In an energetic manner has long
been apparent, but up to the present
it haa lagged behind In an educational
way. Statistics of illiteracy make a
sorry showing tor that section and un
til the fault is corrected thoughtful
students of political life will see slight
hope for the . elevation of Its people.
Its labor is largely ignorant and there
fore inefficient, and social conditions
on the whole anything but encourag
ing. The Atlanta meeting was called tor
the purpose of evolving a strong and
uniform system of universal education
and It brought together the most ad
vanced thinkers of the south as well aa
educators from the north to contribute
from their experience. One meeting
cannot be expected to solve so great a
problem, but the recognition of the
fact the problem exlsts, together with a
desire to solve it, will make this gath
ering a milestone in the progress of the
There Is ho sentiment so difficult to
change as the conservatism ol Ignor
ance, and neither the prime movers In
this enterprise nor outsiders should be
disappointed if immediate results do
not appear. The 'entire country is in
terested In the question almost as much
as the south, so closely linked are the
interests and welfare of all sections.
It is a small beginning on a great task,
but a little energetic leaven can
permeate a whole loaf.
Signs of the Times in Trade.
One of the most encouraging signs
In the trade situation la the large
number of orders for structural steel
being placed with the mills. The steel
Industry has long been regarded as
the most sensitive nd reliable of trade
barometers and these reports will lend
encouragement to other branches of
The most favorable feature of the
situation is the fact that the orders
being placed are not confined to any
one particular line, but Indicate a buBy
season in all branches of the steel in
dustry. ' The railroads, which have
been ' chief among the pessimistic
forces, have Joined the ranks of the
optimists and are large buyers both of
rails and of bridge and other kinds of
structural steel. Next in point of sig
nificance, and greater even in volume,
is the great demand for structural ma
terial for new buildings. . .
In neither of these lines could orders
have been called out after a period of
depression except as a response to an
immediate and pertain demand. Men
of small means aud limited knowledge
of conditions often Invest under ad
verse conditions, but seldom or never
is It the case that large sums can be
drawn out for constructive Investment
without a practical assurance of a re
turn based on a knowledge of condi
tions. The orders furthermore come
from all sections of the country.
Other industries, if they have not
already done so, are sure to fall In
line with these two great factors, and
there can be no reasonable doubt a
general return to Industrial and trade
activity la alreadv on the way. The
west has kept up Its courage and gone
ahead through it all and welcomes the
evidence the east Is falling into step.
The platform adopted by the repub
licans of Omaha la a fair, frank and
honest pronouncement on the matters
which are chiefly concerned in the city
campaign, and In which the citizens
are most Intereated, and the record of
the republican party for redeeming its
platform pledges Is a guaranty of the
good faith in which the promises are
now made.
Governor Shallenberger should re
member the fate of the man who
kicked the ladder by which he climbed.
When the governor was a candidate
bis references to Omaha were very
much different In tone from those he
is now Indulging in at meetings In the
smaller cities of the state.
Editor Scott of Portland says he
does not care to be ambassador to
Mexico. He knows" how much fun
there is In directing great public in
stitution like a dally newspaper and
does not care to play second fiddle,
even with the trappings of an ambas
sador. Washington women have cleaned up
the streets of the capital city. Omaha
women may save their efforts until
after election. The present adminis
tration could not find work for all the
political pluggers if the work were
accomplished now.
A German professor asserts whale's
milk is the Ideal food. If wheat con
tinues to go up some substitute for
bread will be a necessity and aa all of
us have whalea in the family rain
barrel the information is timely.
The democratic cry of "DollaV Gas"
sounds a little silly when taken In con
nection with the record of the demo
cratic council during the last three
Happy tlaails at tke Plow.
Boston Herald.
Haprv farmers who can go ahead with
their planting and crop raising unhindered
by tariff prospects!
Aa larataatary Vpllft.
Chicago Tribune.
Experience shows thst resembling an un
popular member of the Turkish cabinet Is
fully as dsngerous as tickling the left hind
foot of a temperamental mule.
Keeplasr l'p elik the Procesoloa.
Baltimore American.
More attention should be paid by this
government to aeronautics. "Frsnce. Ger
many and Italy ara all ahead of the United
States lit this respect.
Caaatlaar Cblvkoaa Before HateklaaT
St. Louis Globe-Democrat.
Mr. Bryan expects to be the next senator
from Nebraska If the democrats can carry
the state In 11 and the present republican
member, a strong campaigner, can be re
tired at the end of one term. Nebraaka Is
normally a republican state, and may con
elude that It haa done enough for a favorite
son on whom ' three strikes have been
Seaator Bailey's Refleetlona Reseated
la 1k Soatk.
Charleston News and Courier.
Senator Bailey's assertion that "there ta
scarcely a federal Judge of twenty years'
service In the I'nlted Statec who hd not
become arbitrary.' Irritable and somewhat
tyrannical" will scarcely be received seri
ously in South Carolina, whose sovereign
rights have been sustained In the last week
by a decision of eight of the nine Justices
of the supreme (federal) court of the re
Tha truth Is that the south has every
reason to be satisfied with tha decisions of
the federal courts since the war between
tha states. The "civil rights" decisions
and tha policy of the courts in regard to
the southern suffrage laws have been tha
south's main defence when sectional and
partisan feeling ran highest - agalnat tha
south. Not all federal Judges are perfect
neither ara all state judges; but tha whola
people of the United States have every
reason to trust the federal and state judici
aries so far as any Instrument of human
government can be trusted.
Tha opinion of Justice White, a southern
man, in the dispensary case Is no new
revelation of that gentleman's admirable
equipment for service In the highest court
of tha land. Mr. Bailey's expression is
simply aji echo of the nonsense that a olasa
01 ao-cauea statesmen nave inaufgea cur
ing the last fourteen yea re. Mr. Bailey
heatd a man named Bryan aay something
of that kind at soma time or other and Is
not conscious that he Is not original when
he repents It in different words.
A Peraa of Gambling tkat Skoald'B
Baltimore American.
On the Chicago Board of trade every
year mora than ' four tlmea as much
wheat Is sold aa was ever grown during
any year In the whole world. The same
thing, with ootbon .aa the commodity
gambled In, happans on the floor of tha
New ' York Cotton exchange. In " both
wheat and cotton the price has often
been advanced, to.. Inflated proportions by
transactions thai, hays been purely
gambling transactions that Is, in tha
finale; no wheat or cotton has actually
been transferred from seller to buyer.
The main evil of gambling In products
which enter Into dally consumption is
that the price of the commodity Is really
advanced by the process. Millers have
already felt obliged to make a raise in
the price of flour because of the great
raise In tha price: by the manipulation of
wheat "futures."
Of course, those who are managing the
speculative deal are putting out the talk
that there Is a world shortage In wheat;
that there Isn't , enough of the bread
grain to go around, etc. That' sort of
scare haa been worked ao often that It
Is surprising that It should ever be
heeded. Sully worked cotton up to 17
cents per pound by continuing to buy and
keeping up the ding-dong that there was
not enough cotton In tha world to supply
tha demand for shirtwaists. Sully fin
ished his csmpalgn "busted" and there
hss been enough cotton to go round ever
since. Joe Lelter sent wheat up to $2
and there was an early rumor that ha
had coined millions. When the truth
wss known It was found that his father,
who went to his -rescue, was out 14,000,
River .laaprovesncBts aa Booster of
. Philadelphia Inquirer.
There are pbject lessons coming o&t of
Germany which are of great Interest to
Philadelphia locally and to the United
States at large. '"-
Germany Is adding to Ita artificial water
way a a canal which will connect the Rhine
with tha city of Hanover. The canal will
eventually be extended to the Elbe. TO
understand the significance of this under
taking It must be remembered that three
large rivera reach the coast from the In
terior of Germany the Rhine, which pro
vides tha bulk of the traffic In freight for
the Netherlands city of Rotterdam; the
Elbe, which gives to Hamburg Its great
shipping port, and the Oder, which, passing
to the eastward of Berlin, resches the
Baltic at Stettin. Between these rivers run
the Ems, which enters the North sea at
Emden, and the Weser, which gives Bra
men Its commercial importance. When tha
proposed canals are completed the German
traffic on the Rhine which goes to Rotter
dam can be diverted to- German porta. In
deed, a barge from the Rhine could be
towed to Emden, Hamburg, Bremen, or
The present commerce of the German
rivers is greater than that pf Germany on
tha ocean. This has been made possible
because the. rivers have been improved at
government expense. Barges carrying, tot
tons ara towed by powerful tugs and make
good time even ag-alnst strong currents,
freight is picked up at numerous river
porta. The railways run directly to the
quays and warehouses, discharge goods for
tho barges, receive goods in return and tha
river transportation rates ere so low that
the great steamship lines running from the
German seaports take aboard, cargoea that
have been handled ao Inexpensively that
they can be laid down In foreign countries
at a profit In aplie of tariffs and ail com
petition. Germany Is making all possible uas If its
rivers, and this ia where cornea In tha les
son which tba United States has not yet
learned. Tba Inland water routes of our
ewn country ara stupendous They offer
cheap transportation. If wa ara to extend
our rofnmerce they must be developed. A
commission haa at last been authorised by
congress to consider the whole matter.
What la needed la progressive, systematic
development that and a bond issue to
prosecute tha work.
Washington Life
kvaaias 0f tsMdaweo a4
VwleoSeo skat Stark tba mftMl
of areata at tke XfaMea's Oafttai.
The passage of the census bill with a
clause transferlng from the congressional
pie counter to the Civil Service commis
sion the appointment of enumerators pro
duced gobs of grief among the army of
office seekers In Washington, ft la as
tlmsted that about 2,000 persons, men and
women, have had shattered their hopes of
finding some way to reach the federal
treasury without the annoyance of a civil
service examination. But congress could
not overlesp one veto and the certainty
of another to pleas the faithful. "Wash
Ington, writes a correspondent of the
Brooklyn Eagle, "is full of persons who
claim legal residence In New York,
Ohio and elsewhere. Perhspa they were
born In those states or their fslhers were
residents there before them. Hundreds of
so-called New Yorkers In Washington
have not been In the Empire state for
five or ten years. When the government
needs a large army of fresh employes
these so-called New Yorkers, who have
lived In Washington nearly all their
lives, step to the front and grab the
plums. It la figured that the limitations
in the census bill will put an end to this
'hogging of government Jobs by Wash
Ingtonlans." v
In the blue book on "Foreign Rela
tions" mad public by tha Stat depart
ment last week appears some corre
spondence showing thst on July 14, ltOf,
Assistant Secretary Bacon mad inqui
ries of the Italian ambassador regarding
the status of an American, girl who
ahould marry an Italian nobleman.
Officials of the Stat department posi
tively deny that the Interrogation
had any reference to. the prospective
msrrlsge of the duke of the Abruxsi and
Miss Katherlne Elklns. that International
romance having not been started when
the Inquiry was made. Any specific
statement as to the persons then Inter
ested and whose marrtage was probably
under consideration la refused by the of
ficials. It is known that later, when the court
ing of the duke of the Abruxsi was ap
proaching a crisis that Senator Elklns re
quested friends in Russia to ascertsln
and advise him what would be the status
of his daughter If she married Into tha
royal family. He was notified that the
marriage would be considered morganatic
unless the Italian Parliament could sub
sequently repeal Its legislation, leaving
the marriage In the same position as If
the act ' of recognition had not been
It Is understood here that Senator El
klns did not make any request of the
State department to ascertain for him the
status of American women marrying
either a member of the royal family or
an Italian nobleman, but had the Investi
gation conducted by one of his personal
friends at that time In Rome.
Merchants of Beattle, aroused by a report
that the special Issue of stamps being pre
pared to commemorate the Seattle exposi
tion are to ahow a cake of ice on which
la a seal dormant, have entered protests
A dispatch was sent by the Chamber of
Commerce to Secretary of the Interior Bal
llnger urging him to make an effort to
have the design changed, for one of the
objects of the fair is to show the world
that Alaska can raise other things besides
Icebergs. The dispatch says:
"A scantily clad Indian picking straw
berries or a miner with his head enshrouded
In mosquito netting while lie works under
a blaililg sun would not be amiss, but a
seal cooling his flippers on a cake of Ice
is aa Inappropriate as a fur lined coat fn
the Panama canal son." - '
"That the sale of Intoxicants under
proper regulation helps rather than injures
the cause of temperance haa a practical ex
emplification in England," remarked T. J.
Brune of Omaha, quoted by the Washing
ton Post. "While traveling In Cheshire my
attention was called to the efforts of some
persona to prevent the Installation of a bar
In a new workmen's club In Mlddlewich,
and I was told of the experience of a simi
lar organisation in Winnlmgton. The latter
club waa started In 1891, on teetotal princi
ples, with a desire to serve the best In
terests cf the men, and $H'becsme mem
bers. In 1892 the number fell to 619, the
following year to 362, and the next year to
til. The men had been In the custom of
going to Norwich for smusement, and It
was to counteract the mischief caused by
these visits that the club was atarted, but
no sooner had the novelty of the club
worn off than the men resumed their old
habits. ,
"In September, 1894, at the pressing re
quest of the members, the club began the
sale of Intoxicants, and has continued to
do so. It is a fact that from that time on,
I am told, the men of Winnimgton became
steadier. Their wives and children were
taken better care of, and their homes were
better equipped with furniture. It is a
remarkable fact also, that the brewer's
dray Is rarely seen on the streets of Wln
nlngton, and the men no longer spend
their off hours in Norwich, but frequent
the club, where they can get all the amuse
ment they want, and if they care to drink
can get whatever they desire."
G. E. Winter, of Chicago, while in
Wsshington, expressed the belief the
Windy City will within a few years out
strip New York in population and resources.
"Chlcsgo," said Mr. Winter, "la bound'
to be bigger than New York within the
next decade. It Is almost there now and
growing rapidly. It Is true aeaporta have
an advantage over Inland cities, but even
with thst handicap, the great metropolis
of the west. Is rapidly overtaking tha
city in Manhattan. Nothing can hold back
ita progress.
"There are other citlea In 'the west
that are forging ahead with giant strides,
like Denver. Omaha, Seattle, and 'Frisco,"
added Mr. Winter. "The east is played out,
compared to the west In the matter of
John J. Boobar, librarian of the house of
representstlves. is preparing a card Index
of the Congressional Record. To Index the
speeches of the Fifty-ninth congress alone
required more than 20,000 cards. It Is faith
ful even to the smallest detail, and' the
cross-references ara abunOant enough to
enable even the amateur to find that for
which he is seeking. Mr. Boobar took up
this work more ss a pastime thsn anything
Cottlagr Oat tka Jokers.
Wsshington Star.
There will be no joker In the tariff bill
when completed. Too many conflicting
Interests are Involved. Too many experta
are on guard. Every day's work in the
senate will be cast up and a balance struck
that evening by men capable of doing It.
Particular car will be taken with the
propositions submitted to the conference
committee. And after ' tha conference Is
ever the men advising tha president as to
dstails will know their business and his
wishes thoroughly. Jokers bearing against
the public would be expensive to the re
publicans, and many sharp eyes are on th
Coort of Appeals Reader m Notable
Wsshington Herald.
An interesting sequel to the remarkable
railroad war of nearly two years ago In
Alabama, wherein the contending forces on
one side ware Governor Comer and the
legislature, and en the other Judge Thomas
G. Jones of the federal court and the
IulavU'e ft Nashville and other railrt-sd
companies, has been written In a recent
oplrlon of the United Btatea court of ap
peals for the Fifth Judicial circuit. Ia IMft
the Alabama legislature undertook the re
duction of railway passenger farea to 3',j
cents a mile and the establishment cf lower
freight rstes, beside providing an elaborate
system of enforcement, with heavy penal
ties, the whole warranted injunction proof
by revisions designed to place the mechan
ism of enforcement outside the Jurisdiction
of the federal courts.
Judge Jones, a man of strong will and
positive views, when applied to by the
railroads, ecunsol for which set up t;i
ususl pleas of confiscation and destruction
of property rights, enjoined the new statu
tory rates In sweeping decrees which af
fected In their term every state official
charged with the execution of law. For
a time It looked S If there would be open
conflict between the federal c urt and the
state official cf Alabama, but, after a
war of words, the matters In controversy
were lert to the arbitrament of the rourt.
Now come the court of appeal to wipe
eut every one of the Injunction Issued by
Judge Jones In pursuance of what he be
lieved to be Ms aworn duty, and In accord
ance with hi conception of the law then
existing. Since 1907. however, much water
ha flowed under the judicial bridge, and
ex parte Injunctions against the regulation
and fixing of public service rate have be
come less frequent snd less approved of in
our higher court. The opinion of the court
of appeal under consideration shows
strongly the Influence of two recent deci
sions of the United Ststes supreme court,
both strongly upholding the right of public
regulation of public monopolies and depre
cating the InUrference of the federal court
with such regulation cn ex parte claims of
confiscation. We refer to the opinion of
Justice Peckham. in the New York Gas
company case, and to that of Justice Moody
In the Knoxvllle Water company ca?. Fol
lowing the precedent and the reasoning of
these two decision, the court of appeal
dissolved the Injunctions sgainst the Ala
bama railway rates on the broad ground
that no real case of confiscatlcn had been
made out, that no aatlsfactory evidence hd
been presented to the court thst the lower
rates would hav . affected the property
right of the complainants, and that the
new rates were not on their fac o un
reasonable as to' wsrrant their injunction
without a trial. The evidence before the
court consisted merely of affidavits giving
opinions as to the effect of rate which had
not had a day's trial. There had been no
practical tet of their Influence over In
come, which might conceivably have been
favorable. An element of uncertainty ex
isted that could only be overcome by actual
test of th new rates. The practice of re
quiring such a test before granting an In
junction was commended. Speaking gen
erally of the attitud of the court toward
legislative change In railway, rate, tba
opinion says:
"Such statutes, not apparently extreme or
unjust, should hot, in our opinion, be sus
pended at all on ex parte opinion affi
davits. The courts cannot, as a rule, yield
their right of judgment to the opinion of
Interested expert who are not even aub
jected to cross-examination. If they did
so. In railroad law, the regulation of rstes J
would become obsolete, and In criminal law ;
murder would ceaae to be a punishable
The opinion, aa a whole. Is a complete
vindication of th right of the stat of Ala
bama to regulate railroad rates, and to
hav It regulative legislation given a fair
trial, free from th intervention of the
federal courts. ,
Opaortealtle sooth 4irlra tkat
Are Pasaeel Up.
Springfield Republican.
James O. Blaine will te longest and most
honorably remembered for his earnest In
sistence that the United Btatea ought to
command th trad of the American conti
nent. There has been brought to light a
letter which he WTOte to Congressmsn Mc
Klnley, nineteen years ago, that ia well
worthy of reproduction, as follows:
"It Is a great mistake to take hides from
the free list, wher they have been for so
many years. It Is a slsp In the face of the
South Americans, with whom w are trying
to enlarge our trad. It will benefit the
farmer by adding I to I per cent to the
price of his children's shoes. . It will yield
a profit to the butcher (Beef trust) only,
the last man that needs It. The movement
is Injudicious from beginning to end in
every form and phase. Please atop it be
fore it sees light. Such movements as this
for protection will protect the republican
party only Into speedy retlremtnt."
The truth of the position then taksn by
Mr. Blaine ia mora generally realized by
republicans today than It wa then: but,
despite the wise efforts made by Elihu
Root, when secretary of atate, to bind tits
republics of the continent more closely to
gether, our progress in that work has been
less than It ought to hav been. By right
of propinquity ths mills and the merchants
of this country, ought to be supplying our
neighbors to the south with the goods they
need more fully thsn Is th esse. Our peo
ple must lesrn to cater directly and Intel
ligently to the trade of South America, and
we make discouraging alow progress In this
Kaslsrraista Floeklac la.
PIERRE. 8. D., April (Special.)
As an Indication of the manner in which
new settlers are coming Into central and
western South Dakota this spring, the rec
ords for Waste In the west and Harrold
In the central portion of th state show
up a example In that line, with other
place making practically equal showing.
At Waata for March, forty cars of emigrant
goods were unloaded, most of them being
for settlors on homesteads In that part of
th country. At Harrold, th record for
thut month was thirty-five cars, these
being' the effects of those who hsd pur
chased deeded lands at prices ranging from
til to t'A an acre. But all are coming to
help build up the state and are showing
their fslth by bringing th goods to begin
active farming life In th atate, and help
to Increase its productiveness.
Plas Sositk Davketau
PIERRE. 8. D.. April 11 (Spe
clsl.) Traveler on th line be
tween her and Huron ay that
fully 100 power breaking outfita are
to be aeen from th train between th
two towns. This means that there will
be an Immense amount of pralrl sod
turned over this year, and whft a part
of this will be planted to oat most of
It will be put Into flax, which will mean
tha heaviest crop of that grata ever
raised In this part of th state.
To Divine tke Stat.
EDGE MONT. 8. D., April IT. (Special. V
Th petition to put to th referendum vote
th division of the stat of South Dakota
ha been atarted and th voter of th
Mate will be asked to sign tha petition.
Industrial Expo
for Gate City
Proposition to Be Diicniied tt Com
mercisl Club Manufacturers'
F. E. Sanborn, "chairman of the manu
facturers committee of the Commercial
club, has called a meeting ef hi commit
tee tor early In th week to discuss plans
for an Industrial exposition to be held In
Omaha during th early fall. The exposi
tion will be a display of goods mad in
He Mwat Skew Botk Realdeneo
aad Caltlvatlo of Vmm4
roorteea Moatk.
A decision- hss been received at federal
headquarters from th general land efflce
that Is ef general .Importance. home
steaders and particularly to siren as have
taken up homesteads under the Klnkald
act. who are due te "prove up en their
claims In the near future.
The decision slate that In order' to eia
ble the heir of a homestead entryman to
submit commutation proof ef his entry, he
must show both residence en and cultiva
tion of the land for fourteen months by the
entryman or the heirs, or partly by both.
The same rule applies In case whepr coin
mutation proof I submitted by the widow
of the entryman.
Heretofore it has only been necessary
for an entryman or s-n heir to show either
residence or cultivation of tha land for
fourteen manths.
rmscsAL kotes.
Russian workmen dissatisfied with thr.
slxe of their Easter tips killed the tipsier
on th spot. In this country he ia permitted
merely to starve.
Thirteen Jurymen will be selected te, try
a San Francisco graft case. The thir
teenth I expected to ect only In case en
of the dosen gets hit with a bomb or
President Gompers of the American Fed
eration of Labor, will visit Europe tills
summer to study and report upon the In
dustrial, sociological and econoniio condi
tions of the laboring people In England,
Germany, France, .Sweden and Italy. He
will sail June 23. ''
Announcement made that th bronse
tatue of James J. Hill, which will be
placed In the center of the ground at
the Alaska-Yukon-Paclflc exposition In
nearly completed Th statue Is of. heroic
sise and will be set upon a granite pedesv
tal. At the close of the exposition It will
be placed permanently on tlia campus
of th State university.
Mrs. Tyjuls Herts was the leading rep
resentative of tha California club in try
ing to secure the paasage of the equal
guardianship bill, which was defeated the
other day In the state senate of California,
and which waa dealgned to give mothers
equal control with father over their child
ren. Because of th defeat the Suffragists
of California r redoubling their efforts
for equal franchise.
Glfford Plnchol, speaking In Providence
last week, gave Mr. Roosevelt the credit
of having atarted th movement for th
conservation of th country's natural re
sources. Whereupon a man present arose
and said:. "Perhaps Mr, Roosevelt wa
th saan behind the gup. but the .man
behind the gun was Glfford Plnchot. I hav
heard Mr. Roosevelt himself, aay that
Mr. Pinchot originated th movement."
i Tke Jok aad tke Pay
New York Press. :
The human race needs to learn that pay
doesn't go with the Job. It goes with ths
service performed In tha Job. Harrtman's
Job, which Is probably wostlt 110.000,000 a
year, wouldn't be worth $9 a week If It
was held by a man who couldn't fill It
"What a look of admiration you had on
your face while she wa singing!"
"I suppose I did."
"You admire her singing then?"
"No, I admire ber nerve." Houston Post
"He tells me hi wife ha a very strict
sense of honor."
"Just to test her be haa sent himself sev
eral postcards marked 'personal,' snd he
says she never reads them." Cleveland
Plain Dealer.
Book Agent Madam, here I an admirable
work I hav on how to manage servant a.
Housewife Don't want it. Yeu can't get
any help In this town to manage.
Book Agent Then here Is a still better
series on self help. Baltimore American.
The ancient Egyptian sculptor was chis
eling the mouth of ths Sphinx.
"I am making the smile that won't eom
off," he said. '
But, alts! He neglected to make a nose
that wouldn't come off. Chicago Tribune.
"I can't last much longer, my dear," said
old Mr. Kloseman, who waa nearlng hi
end: "but, ah! It s good to think that even
after death I'll be near, you and watch over
"Well er really." replied the soon-to-be
young widow. "If that's true, Silas. I'm
afraid mv extravagance will pain you ter
ribly." Cathvlio Standard and Tlmea.
"Do you think 'that -part ' of the show
which la being brought forward so prom
inently la a good as It seems T"
"Well, we must take at Its fac value
anything which Is featured." Philadelphia
Deacon Hardesty Mr. Muntobura, you
must come to our ehurcb next Sunday
morning. The Rev. Dr. Upliff is going to
preach for us. . ;
Mr. Muntoburn I'm not sure I have ever
heard of him. Is h such an. eloquent
Deacon Hsrdesty I don't ' know about
that, but he's the most wonderfully sue- .
cessful r church debt raiser there Is In
ths country. Chlcsgo Tribune.
James Whttcomh. Riley.
In spring, whan th fren gits back in the
trees, . '
And the sun comes out and stays,
And yer boots pull on witn a. guod, tight
squeese, ' - '
And you tnlnk of yer barefoot days;
When you ort to work and you want te not.
And you and yer wife agrees
It's time to spade up the garden tot.
When th green git back in tbe trees
Well 1 work 1 th least o my Idee
When th green, you know, gits back Jn
lb trees 1
When th green git back In lli tree, and
Is a-bussln" roun' again
In that kind of a lasy go-ss-you-pleas
Old gait they bum roun' in;
When th groun all bald wher th hay
rick stood.
And th crick's rts, and th brees
Coaxes ths bloom In th old dogwood.
And th gwn git back In the tree
I Ilk, aa I say. In sleh scenes as these,
The time when the green gits back in th
trees! ' ' ' .
When the whole tsllfeathers o' winter tlm
Is all pulled out and gone!
And th sap it thaws snd begins to Climb,
And th swest it starts out on
A fellers forred. a-STtllln' down .
At the old spring on Ms (tDees-.
I klndo' like jest a-loafln' roun'
When l he green gtta back In th tree
Jest a-pottertn' roua' aa I dura plesse,
When the green, rett know, gti back U
th tree. ,