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LEGISLATIVE NEWS fet, US f.5 & ,v *Ss# S« Decides That Personal Attack on President Can Not Go -y in Recordi COMMITTEE FINDS PRECEDENT Holds That Neither Privilege Nor De "v manda for Impeachment Permit of -i. Exchange of Personalities Between Department* of Government Few 'Vota to Uphold Willett. ?V?ashlngton, Jan. 27.—Recommending that the speech delivered In 'the house last week by Representative Willett, of New York, in which the president was committee by Representative Willett (urging that his speech should remain en -record, accompanied the report.- Declaring that "the consideration of ithe speech in question involves a con Bideration of what is and what is not orderly debate in the house," the com mittee's report defines the 'privileges of members of the house and the limita tions of debate. It discusses at length therelationship of the two houses of representatives and ithe president, in accordance with the constitution. Criticism Personal and Irritating. The report declares that.it would seem that the "peculiar constitutional ftfties of the hot.se in relation to+the r-in£/to' The committee claimed that It was Impossible to ueperate the objectionable remarks from the remainder of the speech and that the only way to elim inate ithe remarks considered out of or der would be to strike, out the entire speech. It cited as a precedent for such aotio^i .by the house the speech of Rob art P. Kennedy, of Ohio, attacking the senate made !ln the house on Sept. 3, 1890, which was excluded from the permanent record. Willetfs Plea. In his letter to the committee, Mr. Willett claims that he did not tran Scend the rules of the house, but that he was entirely within his rights to make the speech, under the order of general debate. "Freedom of speech has always been held so sacred," Ihe de clares, "that the utmost latitude has been allowed In debate, and I respect fully submit that to strike my speech from the record in this instance will establish a precedent extremely dan gerous." The resolution recommended by the special committee for adoption by the ihouse, reads: "Resolved, That the speech of Mr. Willett, primtea in the daily Congress ional Record of Jan. 18, 1909, contains same be. stricken from the permanent record." Speech la Expunged. The house, •with but a few nays, to ,day adopted the report of the special committee on the Willett speech. WEEKS ANSWERS f^AINEY. Would Consign Criticism on Panama Canal to "Realms of Fancy." Washington, Jan. 27.—A repl^r to the speech delivered in the houee yesterday by Rainey, of HMnois, upon the Panama -canal, was nwude today by Weeks, cf Massachusetts, who confined his te marks tot Rainey's reference to the purchase of the steamers ©hawmut and Tremont by the government for use by the Isthmian canal commission. He le clared that it other statements rn Rainey*s speech .were no more cdfreot than those regarding the purchase of these two vessels, the entire epeejh Bh^wjd be refe rred' to the "realms of tttney." -cr-or- \f Will be reported to the Timet-Repub lican by two trained newspaper man ex|erienc«d in Iowa politics. No paper will have better re port. '."Pi VOLUME THIRTY-FIVE. kv %»J^rnVr severely criticized, be expunged from jng the Congressional Record, the select The democratic strength went to committee appointed to consider the Neal Brown, who received 20 votes, speech submitted its report to the remaining republican votes were scattered between Governor Daviason, house today. A letter written to the Congressmen Cooper, Bsch, and others. congress and the relations which must Captain Thomas Fenlon, of the whale toe maintained between the house of power, of impeaching the president do not preclude clear line, of distinction line. Vice President rank-lin said the between that criticism of acts and con duct necessary for N performance of the Constitutional -duties of .the house and a criticism 'merely personal and. irri tating-"' It also claims that it' is es pecially the duty of the house itself to protect the president "from that per sonal, abuse, inuen&o, or ridicule tend- elboite disorder lh the house and to create a personal antag- 'o-nlsin VAi' tlie part "of "the •president itb •ward 'the houise, and which is not re lated to ^he power of the house under the constitution "into the "acts and con duct of the president." Remarks Not Justified. "Tour committe has carefully con Isdered the remarks of the gentleman from'New York," continues the report, "and finds that his remarks concerning the president are not justified by any considerations of the constitutional duties or powers ,of the house that they transcend proper limits of criticism In debate that they are destructive of the oourtesy, respect and dignity which ought to be preserved, and that they ought not to remain in the permanent (Official reoord of the proceedings in the bouse." language improper and In violation ofjeeived in the seventeenth ballot yes tne .privileges of debate, and that the iter day, to 78, given on the twenty-first ballot today. The day was marked by HUBBUEI IN CONVENTION. Order Restored With Difficulty at Un ited Mine Workers' Session. Indianapolis, Jan. 27—At the opening of today's session of the convention of the United Mine Workers of America, Vice President Farrington, of the* Il linois mlneri, demanded to know from National president Lewia, whether or the nsttoniil orcanfzen ytes^ot as IpS vm delegates from local unions, were berlnn paid from the national treasury. Lew Is declared that Farrington was "out of order,"- and pounding on the tablo with his gavel, tried to shut off .Par tington. The convention was arousod when Farrington tried to complete his speech, and the delegates began to yell, "ait down," and "go ahead." The dele gates seemed to be about evenly di vided in this preliminary outburst. When order was restored, Lewis said that Farrjngton was out of order be cause the order of business under which that matter would come up hud riot been reached. The convention un animously placed Itself on record in opposition 'to the removal of Lincoln's picture from postage stamps, and adopted a resolution calling on con gress to create a bureau of mines: de clared In favor of rivers and harbors improvement, and the creation of a deep waterway between the lakes and the gulf and vigorously declared that the work shall be done by the United States, without letting the work out to contractors. FIRST BALLOT NO CHOICE. Stephenson, of Wisconsin, Lacks Two of Necessary Votes. Madison, Wis., Jan. 27.—The first ballot for senator, In the joint assem- bly today resulted in no choice. Steph- 'enson received 65 votes necessary to fi. The Qther votes were scatter- After the first ballot, both houses ad journed until tomorrow morning. HE BLAMES SEALBY Cautain of Steamer City of Everett Says He Could Have Saved Ship Re public if Offer Had Been Accepted. New York, Jan. 27.—The opinion of back stearner hls offer of City of Everett, that he could .have towed the steamer Republic into a place where she could have been beached if Captain Sealby had accepted help, was matter would be taken up with the general subject of the collision. Fenlon's statement was to 'the effect that he was in communication with the Republic at 6 o'clock Saturday morn ing, and reached the damaged liner at 8:20 that night. He offered to take off the passengers and/baggage from the Republic, but Captain "Sealby declined the offer. Fenlon added that he could have beached the Republic on the shore of Martha's Vineyard. WELL KNOWN IN IOWA 8cott Benson, of Dubuque, Aged Com mercial Agent, Dead. Special to Times-Republican.- Dubuque, Jan. 27.—Scott Benson, aged 70 years, a commercial agent jr the Illinois Central fifty years, is dead here, as the result of a paralytic stroke, sustained Nov. 2.1. Benson was one of the best known men employed by the Central in Iowa. He is survived by two sons, W. S. and C. W. Benson, of Galveston. HARRIMA'N A DIRECTOR. Succeeds C. C. Clarke on New York Central Board. New York, Jan. 27.—E. H. Harriman was today elected a director of the New York Central railroad, succeed ing C. C. Clarke. W. C. Brown, pres ident of the New York Central, was also' elected a director of that com pany, succeeding Samuel F. Barger, re signed. LOSES TWELVE VOTES No Intimation, However, From 'Hop kins Leaders, That Fight Is Given Up—Adjournment at Conclusion of Twenty-first Ballot. Springfield, Jan. 27.—After taking four ballots for United States senator today, the joint session of the .legisla ture adjourned until tomorrow. The voting showed a net loss of 12 votes for Hopkins, from 85, which he re- the shifting of a number of demooratic votes to different candidates. All the legislators returned to their regular nominee, Stringer, on the twenty-first ballot. The names of L. Y. Sherman, and former Governor Richard Yates, were injected in the balloting and were greeted with cheers. No intimation from the Hopkins leaders that the fight is given up, was made, and prospects for a continuance of the deadlock re mained the same, in spite of the les sening of the Hopkins vote. Twenty-first ballot resulted! Hopkins, 73 Foss, 19 Stringer, 76 Shurtleff, 15 Mason, 4 McKlnley, 1 Lowden, 2 Calhoun, 2 Sherman, 2 Yates, 2 Oglesby, 1. Adjourned until tomorrow. ATTORNEY MOTT IN DANGER. Rumors of Threats to Assassinate Creek's 'Representative Circulated. Muskogee, Okla., Jan. 27.—Something of a flurry was experienced today upon, the circulation of rumors of threats to assassinate M. L. Mott, attorney for the "Creek Indian nation, and others connected officially with the investiga tion into'the Muskogee town lot frauds. It is. impossible to traoe the origin of ue Comoro to any definite source. 1 ?5S House Ways and Means Com mittee Will Not Consider Proposition WOULD UNSETTLE BUSINESS? Members of Committee Argue That Trade Would Bo Constantly Menaced by Changes in Duties Also That Washington, Jan. 27.—There Is littlo likelihood that the house way® and means committee will consider any proposition involving a tariff commis sion, as suggested by President-Elect Taft. Chairman Payne and other members are known to be opposed to ja commission which would have power to make rates, while some members claim the commission for the purpose of gathering inforation is unnecessary in view of the numerous sources of in formation thru various government de-. partments. The main argument advanced against a tariff conjmisslon which would have ithe right to establish rates of duty, or even recommend changes to the hou.-?a committee, is that the business inter ests of the country would be seriously 'impdired by the constant uncertainty ,on tariff rates which would result, Furthermore, it 4s claimed that capi I tal iwould not be Invested so freely In those industries which are affected by foreign trade and competition. 1 today coramunl-| a is on star Washington, Jan. 27.—The senate to •day confirmed the nomination of Rob- ert Bacon to be secretary of state and John Callan OXaughlin to be assist- 1 ant secretary of state. Provides for Brownsville Commission. Washington, Jan. 27.—The ^senate leaders have drafted a bill for the set tlement of the Brownsville question, which meets with the approval of •President Roosevelt and Senator Pora ker. It provides for the appointment of a commission ot general officers, to consider all .applications of the dis charged negro soldiers, for re-enlist ment. The conclusions of the commis sion are not to be final, but must be submitted toward the department, for review. LONG DISPUTE ENDS. Kittredge and Gamble Disagreed Over Nominations Just Confirmed.. Washington, Jan. '27.—Four nomina tions which have been in dispute be tween Senators'Kittredge and Gamble, of South Dakota, were today oonflrmed by the senate. They are John E. Adams, «ls receiver of public moneys at Aberdeen Cyrus C. Carpenter, register of the land office at Lemmon Edwin G. Coleman, receiver of public moneys at Lemmon and John L. Lockhart, register of the land office at Pierre. WITHDRAWS NOMINATION. Governor Hughes on Request Will Not Name Wallis Insurance Inspector. Albany, N Y., Jan. 27.—Governor Hughes today withdrew the nomina tion of Frederick A. Wallis as state superintendent of insurance, at Wants' request, In a letter to the governor Wallis said: "While the criticisms which have been directed against me since my nomination ore each and every one of them utterly Without foundation, noth ing has been or can be developed which can reflect upon me in any man ner whatsoever. I do not care to ac cept office to which so much political opposition has been directed." TRIBUTE IS UNUSUAL. Crowned Heads of German States Per sonally Congratulate Emperor. Berlin, Jan. 87.—The 50th annivers ary of .the birth of Emporer William, was celebrated today in an unusual manner. All the crowned heads of Ger man states, excepting the aged Luit po-ld, regent of BaBvarda, came to Ber lin to present their congratulations. The city was decorated with flags, and pre parations have been made for an illum ination this evening, on an uncommon scale. Roosevelt Message to Emperor. Washington, Jan. 27.—A message of congratulation was. sent to Emperor William today by President Roosevelt, In honor of the emporor's 50th .birth day. MAY REMOVE MAINE WRECK. President Approves Governor Magoon'd Recommendation Regarding Battle ship. Washington, Jan. 27.—The president today sent to congress, a message ap proving the recommendation of Gov ernor Magoon, that an appropriation be made (to remove the wreck of the battleship Maine from Havana harbor. NO DISTINCTION MADE. Witness Refers to Soliciting Business I For Union and Southern Pacific Roads. Pittsburg, Jan. 27.—The hearing In the Harriman merger suit, was taken up .today by Examiner Sylvester Williams, of Denver. K. C. A. Sever ance is the chief attorney for the gov ernment. 'Robert 5?. Lovett, general counsel for the Harriman system, ap peared for the defense. The first wit •ass was Thomas J»hnston, manager iX'V to If 'vV T1 '.tw» sj-VSi 11~" UABSHALLTOWK. IOWA. WEDNESDAY, JANUARY 27 1901) of H. J. Heinz Company, who testified that no distinction was made in so-, liciting business for the Union and &outhem Pacific railroads. Told of the efforts to get trade by railroads in the west, he said that there was no com petition between the two roads named. GLAZIER CA8E TO JURY. Former Michigan State Treasurer on Trial for Misappropriation. Lansing, Mich., Jan. 27.—The case of former State Treaturer Frank P. Gla ssier, of Chelsea, who has been on trial here for seven weeks, charged with misappropriation of 'the state fun^ls, was given to the Jury today. Later—Frank P. Glazier, ex-state treasurer, was this afternoon found guilty by the jury, of the misappropri ation of state funds. WIRES STILL HOT Capital Would Hesitate to Invest in Roosevelt Again Urges Killing 6f All Industries Affected. Anti-Jap Billa in California With One Exception—Letter on the Way. Sacramento, Cal., Jan. 27.—Governor Gillette has received the following message from President Roosevelt re garding the postponement by the legis lature ot action upon the anti-Japanese Wis: *r J, "Will mail you full letter on legisla ture tornorrow. The letters will set forth why we think the only bill that is proper is that relating to the own ership of real property by aliens, with amendments suggested by Secretary Root. Most cordially thank you for your attitude and for the service you are thereby rendering not only to Cal ifornia but to the entire union. "(Signed) "THEODORE ROOSEVELT." The alien bill referred to Is one pro hibiting aliens not eligible to citizen ship from owning land in the state. Root's amendment would remove the discriminatory feature b^- eliminating the phrase, "who shall not be eligible •to citizenship." Postponed for Week. Sacramento, Cal., Jan. 27.—On mo tion of Assemblyman Drew, author of the anti-alien dand bill, action on all anti-Japanese bills was postponed for a week, when these measures came up as a special order of business, today. Senator Anthony introduced in the up per house, a joint resolution calling upon congress to request that Japan ese consul general at San Francisco, be recalled by his government, on the ground that that official had attempted to influence the action of the Califor nia legislature. '^MOTION IS DEFEATED. Senate Resolution For Investigating Senatorial Primary, Practically Killed. Madison, Wis., Jan. 27.—The assem bly this forenoon, practically killed the senate resolution for investigations of the senatorial primary, when a mo tion to suspend the rules and put the resolution oh immediate passage, was defeated. The necessary twp-thirds vote required to suapend the rules was not, forthcoming. FEARED FOR HIS JOB Cashier Scroggin Had Been Threatened With Removal by Bank Stockholders Because of Injudicious Loans—Bank Still Closed. Special to Times-Republican. Portsmouth, Jan. 27.—Bank Examin er H. M. harmony, who took charge of the State Bank of Portsmouth yes terday, following the suicide of Cash ier S. C. Scroggin, was joined today by Mir. Bobbins, another examiner, and they are hard| at work on the books of the Institution. It is learned that some of the stockholders had talked of the necessity for displacing Cash ier Scroggin with another and younger man, which faot, together with over work, are regarded as possible motives for the self murder. Scroggin, contrary to popular belief, was not a stockholder In the bank. Mrs. Russell Scroggin, wife of a broth er of the dead man, owns a controlling interest in the bank, however. Rumors of forgeries are stamped as without foundation by the examiner^ and stockholders, lit is also denied that a request was made of the banking board for an examination of the bank, and Carmony states that he had come to Portsmouth to make a regular exam ination. His reaching here, however, on the same day that the suicide occurred, Is spoken of as a strange coincidence. It is admitted that Oashieff Scrog gin had made injudicious and large loans. The bank remains closed pend ing the finish of the examination, which' may require three or four days more. -..-j-., WAS WASTE OF POSTAGE. Sheriff Strassheim Receives Delayed Official Notice, Regarding Billek. Chicago, Jan. 27.—Sheriff Strass heim's Invitations to the hanging of Herman Billek, mailed yesterday, proved a waste of postage today, when official notice was received that Billek's sentence has been commuted to life imprisonment. CAPTAIN KEELER DEAD. Was Sergeant-at-Arms in Nine Con secutive National .Conventions. Columbus, O., Jan. 27.—Captain Alexis Keeler, aged 78, inspector of customs, and sergeant-at-arms fox nine consecutive republican national conventions, died today, of heart trou ble. Belmont Under the Knife. New York, Jan. 27.—August Belmont, the banker, today successfully under went an operation for appendicitis. No doubt Is entertained of his rsoovery. ________ Vs'- u' Rel'nses to Hear Long-Winded Resolution Presented by Congressman-Elect EARLY ADJOURNMENT SOUGHT «. Democrat Attempts to Make Record for Economy Bill Presented Call ing for Surveys of Iowa, Des Moines and Cedar Rivers Miller After Harvester Trust. Special to Times-Republican. Des Moines, Jan. 27.—The senate rather impatiently listened to a part only of a long resolution by Congress man Jamieson, relating to early ad journment, by motion distinctly re fused to hear it all read, and then without debate or permitting it to go into the record laid it on the table. The resolution includes a pay roll of the legislature, and an estimate of how much it is costing the state, and pleaded as a measure of economy that the legislature agree now to adjourn March 20. The senate passed the appropriation for maps and one to pay employes. New bills were presented as follows: By Smith, of Mitchell, providing for the regulation of hotels, requiring fire cscapes and safety appliances, and making the civil engineer of .the state board of health a state inspector on a stfited salary. By Proudfoot, forbidding all. Sunday baseball and amusements for pay also one forbidding the smoking of clgarets by children. By Clarkson, changing the rules as *t0 assumption of risk 'by employes. By Moon, amending the primary law as to nomination of senators and re quiring a report to the legislature of the vote on senator. By Adams, to license opticians and create a board. By Hackler, extending the terms of county officers to four years. By Harding, abolishing the right of giving bonds to hold up extradition (JhiieSi" By San key, for a uniform fire insur ance policy and limiting insurance to •three-fourths the value of the prop erty. By Moore, of Wapello, to create a commission of five at $8 per day to survey the Des Moines, Iowa and Ce dar rivers to find wateV power. By Miller, of Bremer, to investigate the International harvester company. There Is now little doubt that an interesting contest will be precipi tated over the,plans which have been in the making for a number of years for a general readjustment of official duties at the state house in the inter est of economy and better service. While this only affects the offices which are controlled by the members of the state executive council, yet thera Is wide difference of opinion as to what should be done. With regard to at taching the banking and financial de partment to the state treasury there is not much disagreement but it is not quite so. unanimous that the depart ment of public accounting should go to the secretary pf state and that crim inal statistics should be taken fro.n his office. The flnst real fight of the session is promised over the plan to transfer the insurance department. This does -not involve any additional expense and it .would probably! mean better service and more stability. But It is being opposed on the ground that there is no room for it as a separate department and that it would be ex pensive. The -fire insurance companies are already at work on the members and fighting the measure. State Aud itor Bleakley was largely responsible for the agitation for the change two years ago, for as head of the insur ance commission he was very strongly for the change in the interest of econo my. At that time the Insurance peo ple all favored the change. .State Aud itor Carroll, now governor, also rec ommended the change In two or three of his reports, and ithis at a time when he could not be accused of having any selfish Interest in the reform. It Is ex pected that the democrats wilp line up almost sol.dly for the change for It was Representative Clary, a member of the insurance commission', who goit the democratic party committed^ in its platform to this measure of economy and reform. The democrats are as yet divided, but they are aware of the pledge of their platform. It is be lieved that the house committee on in surance has been fixed so that no re form legislation affecting insurance matters can be got thru, but this re mains to be developed. All thesp meas ures affecting the re-adjustment of positions and duties in the state of fices, are in line with the views of state officers as they have been devel oped in recent years. They will result In less duplication of work, more sta bility in the departments and better service for the state all round. But there are members who feel that re form has been carried all too far1 in Iowa and it is time to apply thd brakes. Contest committees in the house of the Thirty-tliird general assembly are all at sea regarding the counting of' contested ballots. After a joint con ference of the comrplttees for an hour and a half yesterday afternoon to reach some general agreement an adjourn ment was taken without any under standing having been reached at all. Unless the committees can *et to gether on some sound basis of count ing tile- contested ballots a number of adverse reports from different "com mittees to the house are anticipated and no end of a muddle in the house. The proceedings in the joint confer ence were spirited and had consider able feeling involved. They groped about from one thing to another and ended by rejecting all. Representative Swift offered a mo tion that in deciding the validity of ballots the committees be governed strictly by the statute. Mr. O'Conner of New Mampton, asked why they should do that when if the statute were followed to the letter it would throw out the ballots whereas the supreme court had construed the statute quite liberally. He wanted to know if the supreme court's construction of the statute were to be followed. Mr. Swift insisted on his motion remaining "the statute." It was put to a vote and lost. Representative Marsten of Cerro Gordo then made a motion that all ballots with a cross, a cross Within a circle, or a cross within a square before the names of president or vice president or both, should not invalidate the ballot where it was otherwise properly marked. This too, was voted down. The committee then adjourned without having accomplished a single step. Representative Lee, of Emmet, was op posed to any rigid rule binding the decision of the five committees, on the ground that under the ruling of the supreme court the intention of the voter had to be taken into considera tion and that no fixed rule could gov ern all the ballots, but that each would have to toe considered separately. After the adjaurnment, which did not come till 8:30 the separate committees jnet but because of the lateness of the hour were able to accomplish but little. WILSON ASKED TO STAY President-Elect Taft Decides to Invite Secretary of Agriclpture to Remain in Cabinet. 1 li Special to Times-Republican iii Washington, Jan. 27.—Word has been received in Washington indicating definitely that Secretary of Agriculture Wilson will be asked to stay in the cabinet. It comes from President-Elect Taft, it being one of the last announce mentsunade for him by letter to people in Washington who have taken an ac tive interest in behalf of Wilson, -v. SEEKS FORTUNE, FINDS DEATH, Pitiable Fate of Monroe County, Iowa Man in Frozen Solitudes of Alaska.. Special to Times-Republican. Albla, Jan. 27.—Several weeks ago Mrs. Imogene Prather, of- Russell, this county, received a telegram from the U. S. commissioners that her brother, Daniel 'Soyer, had perished from cold, privation and neglect, in a desolate re gion of Alaska, on the Yukon river. This report has just been confirmed in a letter reveived by Mrs. Prather from Benjamin" F. Hill, now of Omaha, but formerly a telegraph operator at Nu lato. Neb. •Hill's letter contains information that Boyer's body was found by Indians late in the spring of 1908 and buried by them at Kiah Lakes. An unsigned letter was found on the body, describ ing his pitiable condition prior to his death. It was addressed to his sister, iMrs. Prather, at Russell, Iowa, was under date of Dec. 30, 1907, and among other things contained these lines: "Dear Sister: I have reached the end of my earthly career. I started to go to Nulato, on the Yukon Plats, froze one of my feet and am too .weak to travel. I have been with out fool a Jong time. The Indians spend summers here fishing, but win ter on the river. I have a good house and stove and some few things the natives left. I have not suffered much but part of one foot needs amputa tion, I leave all ray property to you, •Horace Greely and Peter Boyer. CI face death without fear or hppe. To me it is the great unknown." The Boyers are well known pioneer citizens of Monroe county and two brothers of the deceased, Peter and H. G. Boyer, are residents of Lovilia. VERDICT IN UNUSUAL CASE. After Fifth Trial, Charles Cooper, Council Bluffs, is Given Verdict. .Council Bluffs, Jan. 27.—A verdict In a case that has become famous because of its unusual character and the num ber of times that it has been tried, was again rcached yesterday In the district court here, when a jury found for the defendant In the suit of Dorn & Mc Ginity against Charles Cooper. This was the fifth trial. Besides returning a general verdict for Cooper, ithe jury answered two special questions in his favor. One of^these was that no actual damages were allowed, the jury also answering in the negative th-5 question as to whether the advertise ment complained of was published with "express" or actual malice toward the plaintiffs. The case originated in Neola, and involved a claim for damages for an alleged libel In connection with the publication of an advertisement. It was charged than in the advertisement which Cooper published he accused Dorn & MoGinity by innuendo of forming a pool with other hog buyers to control prices. The expense of the numerous trials has been large, the court costs alope being close to $1,000. The verSict yesterday was the second absolute" verdict for the defendant. FALLS SIXTY FEET, r':« Dubuque Lad Sustains Terrible Injur ies and Will Die. Dubuque, Jan. 27.—Gus Brose, tfged 14 years, fell sixty feet,"from the flies above the stage of the Grand opera house. Tuesday night, before the open ing of an amateur production, under the auspices of the Episcopal church, and sustained a fractured skull, broken arm= and legs and internal fnluries. Ho will die. If T.-R.JBVILLE.TIN. The Weather. Sur sea Jan. 28 at 7:13 sets at 5:13. g Io-£ -Fair tonight and Thursday war In the northwest tonight. I' i» is—Fair tonight and Thursday, ouri Fair tonight and Thurs da South Dakota Fair tonight and Thursday warmer tonight. 1 PAGE ONE. Telegraphic News: House Expunges WHllett's Speech,.... Actor Coquelin Dead. Tariff Commission Plan Balked. Jamieson .Snubbed by Iowa Senate. Bill Calling for River Surveys. Sealby is Blamed for Republic's Loss. Winters Arraigned Before Giand Jury. Roosevelt Prodding California. Scroggin Feared Loss of Position. Portsmouth Bank Still Closed. Hopkins Losing in Balloting. PAGES TWO AND THREE. Iowa News: Quarantine Grafters in Iowa. Iowa's Best Crop is "Folks." Cummins as a Moses. Farmers Ready to Begin Plowing. Rogers Sentenced to Prison. Jones Brought Back to Iowa,- PAGE FOUR. Editorial: A Bill That iShould Pass Unanimous ly. From King to Handy Man. Iowa and Arkansaw. ry Topics of the Times. Iowa Opinion and Notea. I Outside Point of View. Topics of the Times. Looker-On in Iowa.V PAGE FIVE. School Bill Digest. Proposed Law Not Arbitrary. PAGES SIX AND SEVEN, City News. Some Big Ideas from Boosters. Firemen's Fair at State Center.' [Railroad Hit Hard in District Court. Christie Boys' Secretary. Elopment is Deiiied. Burt 'Sellers Dead. General Jiews of the Olty. PAGE EIGHT. tiy Markets and General: Advance in Wheat. Lively Buying of 'Corn. •'. V**WS OF CONOR ESS it Cattle Much Higher. Hog Market Forced Down. Jerome) Would Push Libel Case. Great French Player Well Known in America Snc cumbs to Illness CREATED CERANO DE BERGERAC .S Coquelin the Son of a Baker, But Gained Places in Ranks of Foremost Actors Created Many Parts and Appeared With Bernhardt and Oth ers. 1 .r A S. 5 ^"4 k, j. Paris, Jan. 27.—Benoit Constant Coquelin, the great French actor, died last night at Pont aux Dames, Seine et Marne. Benoit Coquelin was the best actor known on the French stage. He was born in Boulogne Sur Mer, Jan. 23, 1841, the son of a baker. He made his defout at the Comedie Francaise in "Lepetil Amoureux." The same year, from 1860 to 1886, he created no less than forty-four parts. He left the Comedie Francaise in 1886 and toured Europe and America. In the United States he had great success. He created the famous part of Cyrano de Bergerac in 1897. He made a grand tour of America with Sarah Bernhardt in 1900, and reappeared with her in "L'Aiglon" in Paris in 1901. Of recent years he had been playing Cyrano de Bergerac and other roles in London. The severity of Coquelin's illness dates from early January. His illness was diagnosed as angina pectoris. SSgsM GIVE UP SHERCLIFFE Minnesota Authorities Decide Not to Retry Him on Robbery Charge and He Will Be Turned Over to Colorado to Serve Sentence for Murder. Special to Times-Republican. Minneapolis, Jan. 27.—Frank Sher cliffe will be sent back to Colorado to serve his twenty-five years' sentence for murder in the second degree with out another trial for train robbery in Minnesota- County Attorney A1 J. Smith this morning reached that decision. He at once wired James T. Hogan, distrlet attorney in Leadville, Colo., to perfect his requisition for the prisoner. Should Colorado fail to make good its requisi tion, then Shercliffe will be tried here again on a train robbery charge, with Owen Ball as the cbief witness for the state. Liberty League at Clinton. Special to Times-Republican. •Clinton. Jan. 27.—Liberty league of Iowa is holding the state convention in Clinton this afternoon wjth 150 In at tendance. ... Comes to the Times-Republican from the Assooiated Praia Supplemented 1 by a special staff correapondont le- .••$ Jo? cated in the presa galleriea at Washington. N E 2 3 Mrs. Trimble and Others Fos* itively Identify Winters as Slayer TEARFUL' SCENE JN OOUR1 Winters Arraigned Befors Special Grand Jury at Eldors—Union Cit" zens Present in Force But Make Ni'' Demonstration Winters Expraeaat Sorrow for' Mrs. Trimble and A«kt for Minister. |V Special to Times-Republican. Eldora, Jan. #7.—'William Winters,, the young man held for ithe brutal raup der of "Linn" Trimble, at Union, waq' arraigned before a special grand jury, In court here, at noon today, and wit.. nesses positively Identified him ma thf. slayer. Mrs. Trimble was almost over-': v. come when she saw Winteis, and haf to be taken from the court room ant cared for by friends. Winters latei expressed sorrow for the-widow, was so conscience-stricken by th» scene in court that lis Immediately asked for a minister or missionary* Court Room Paokad. When Winters was brought ta tha court room for grand jury arraign* ment the room was packed, among' those present being 100 men from Un ion, some of whom had been sumpteae4 a it as am on the contingent from union, and had not been apprised of the necessity ol arraigning Winters at that time. Winters had been attlred by the s$er« iff in the clothing worn by the m\ir-, derer at ithe time of the tragedy. A* he entered the room Mrs. Trimble' screamed and almost swooned, and1 gave voice to the words, "XJh, that' man, that awful man!" After being removed, from tils court room and recovering somewhat, Mrs. Trimble declared: 41, "That's him. It brings back every. thing. I can shut my eyes and see hint as he shot my husband. If they ha3 announced that he was, coming int« court it would h&«4MHlQltS xnd- tT stand It The sTgbt of him shocked me and upset my nerve*, There is not a particle of doubt about him being the man." Dean Moore Identifies. Dean Moore, the 11-year-old boy whl stood behind the counter in the Trimi ble restaurant on the night of thi tragedy, after seeing Winters In coun said: "He Is the man. I could him by his voice, and the clothes wore were the samf." 1 urt Leonard Templeton, who saw Winb ers at Union, on the day of the muty der, said: "He Is the man, and thert is no question about, It" After the arraignment the oouft or-*, dered the witnesses present to sat nothing about the case until they apr peared before the grand Jury. Th( statements above were procured, how ever, before the court's admonition wa given. Winters In Repentant, As Ihe went back to the Jail In ekarg( of the sheriff, Wttftters remarkddl "I feel sorry for that peer soman.' On arrival at the jail Wijtwi toR, the sheriff he would like tt see 4 preacher or missionary, and II haa bee^ arranged that County Sunday CWheol Missionary Cressan will hays an latere view with him later in the d&gk En a letter written to Us fatties to day, Winters said: "I hope this wlH be a lesson to .all other boys, but it can't be helped now.'' No Demonstration Mads. Despite the fact that the oourt roonj.. was packed when Winter* was brpoctrf' in, and that there wsre more than 109 men from Union present there was na demonstration, and tbe aotfons of these people at this time speak- volumes fer tile lew-abiding citizens of that place. When the widow of the murdered man screamed and became hysterical,^teara) trickled down the cheeks of^ O^Qttt-i hearted men. But they srera JiNvkilCaf the widow, and back of the wa* a determination' to see the osipdfr ni Trimble avenged in a lawful manner. There is not a particle of daMW 9fl lynching, and while a large number ,oJ men assembled in front of the Jsti afN er the oourt proceedings, these wer4 no threa/ts of violence. In ftwt ths fneni asked permission to go there. The Speolal Grand Jwyi The special grand Jury convened W investigate the Winters CMS Is am fol lows: C. X. Butler, fasmer/PI stMeassi, foreman William WlntsiwM, fawseifc.. Radcliffe M. S. Fenton, ftffmar, ra P. J. O'Neill, farmer, Iowa CMbfl H. Werneke, farmer, HairdlntoiwiaHtp J. A. Lee, farmer, tSsa^en OMR A. Jt (Mabie, grain dsaier, Whltten. BROKEN FLANGE CAUSED WftEe* One Person Killed and Thirty Injured, Near Dana, Wye. Cheyenne, Wyo., Jan. 27.—lit learned today that a hrokenflaags was the cause of 'ths wrsok sf the Ota* gon express, on ths Union road, near Dana* tedrt fright, Itt* iPfetotj one peraoa was killed and thfc^wsrti Injured. There are no fbrther adjMMntf to the ,11st of casualties today. T» In* jure^T'are senorted as n*M ble progrsM. There wers 10V on the train. Wreok Report Irrenseu* Vienna, Jan. ttr-Vhere Is In the report ptmtshed ti ths .States that lettr' ftre killed la a railroad 1