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The Omaha Daily Bee
NEWS SECTION WEATHER FORECAST For Nebrka Thunderstorm For lowsThunderstorms. For wenther report see page S- PAGES 1 TO 10. VOL. XXXVIII NO. 286. OMAHA, SATURDAY MORNING, MAY 15, 1909 TWENTY PAGES. SINGLE COPY TWO CENTS. TARIFF ON ROUND IRON AND SLABS Amendment by Mr. Cummins to Reduce Each One-Tenth of t Cent is Defeated.. ' ELEVEN REPUBLICANS FAVOR IT One Democrat Votts with . Other Re pnblicani Against Amendment. Kermit Loses Way in Jungle Region Unable to Find Roosevelt Camp, He Rides Horseback for En tire Night PARIS STRIKERS RETDRNT0 WORK Indication that Trench Postal 1 v ployes Will Abandon Fight V Against Government.' N MOVE EXPECTED TO COLLAPSE WAUSA SCORES ON RAILROADS Commissioner Clark Rales Against Northwestern and Omaha on Coal Rate. ROOT AND LA FOLLETTE TILT Badger Senator Objects to Hint that Debate Should Be Limited. BEVERIDGE ON TOBACCO TAX Indiana Man Says HI Amrnilmril Will PrndBc Tttrnlr-nir Millions Trnst la Cnlleetlntr War Tax and Keeping: It. WASHINGTON. May 14-Asklng that an Interview wltH J. J. Hill be read to the mate Immediately after' that body con vened today, Senator Scott enrtored Its advice to congress that oratory be sus pended and that congress promptly paaa the tariff bill. This," said Mr. Scott, "la In line with Jetter's I nm dally receiving begging and praying that these gentlemen," waving his hand over the senate chamber, "get through with their wind Jamming and let the coun try go ahead with lti business." Beverlrfae on Tobacco Tax. Senator Beverldge spoke In support of his amendment relative to the Internal revenue tax on tobacco and Its products. Contending that the government has lost tlM.COO.OOO In the last eight years through the repeal of the war time tax of U98, Mr. Beverldge undertook by his amendment to Increase the present rate of Internal taxes on tobacco, snuff, cigarettes and cigars worth more than 30 cents. Mr.. Beverldge declared that the tobacco trust, which, he aid, was the American Tobacco company, had derived great benefit from the enorm ous loss of it-venue, which, he said, was due to the laT; repealing the Increased rates of 18!. The law providing for the high rates of 1&96 permitted the manufac turer to reduce the also of the packages In which the tobacco la sold to the people, according to Mr. Beverldge. "In 1901 this Increased tobacco tax was removed," said he, "but (he short weight packages of tobacco were continued by the very law that removed the tax. The manufacturer still collects the war time tax from the peoph?. but Instead of paying It to the government he keeps It for himself." Mr. Beverldge declared that hla amend ment would not affect the clgarmakers of -til country, because, he said, It does not enhance the tax on any cigars except those which sell for ten cents or more. ' , . , Trout Still Collects Tnx. Clulmlng that his amendment would In crease the revenues to the extent of over ILl.Oitt.O'M, Mr. Beverldge asserted that the tobacco trust Is now reaping vast benefit Uirougli failure to enact such legislation as that proposed. Mr. Beverldge controverted the Idea that the continuation by law of the short weight war time packages after the! war tax had been removed did not affect the plug to bacco business. "The law," he aald, "does not fix the size of the cut that Is sold, but the manufacturer of plug tobacco got the war tax on this article out of the people by selling a smaller cut than he plug and his practice still continues. When a box Of plug tobacco Is sold bv the trust to the retail dealer, there Is marked upon each plug a place for tha cut. By decreasing the size of these cuts very slightly the tobacco trust through the retailer gets the War tlms price for cut from a plug or tpbocco by marking th cut a little nviller." .Upon taMng up the Iron and steel sec tions of the tariff bill, Mr. Aldrlch asked that the senate pass upon the paragraph relating to pig Iron, as the committee on finance wished to consider an amendment affetllng the duty on wist scrap Iron. nosjnd Iron nnd Slabs. An extended discussion took place on an amendment offered by Mr. Cummins re ducing the duty on round Iron from -10 to 5-10 ot 1 cent a pound, and on Iron In slabs, etc.. from 4-10 to S-10 of 1 cent a pound. Mr. Aldrlch explained that these duties, as reported to the senate, were lower than current duties In the Dlngley bill. Mr. Oliver pointed out that these Iron products were made by Independent concerns. Mr. Cummins Insisted that the Iron and steel Industry needed no protec tion. Mr. LaFollette complained that he had difficulty In obtaining Information for tho Be net or Root a retort that the committee In reporting a house bill was under no obligation to furnish Information except on those paragraphs on which It proposed amendments. M-r. McLaurln declared that the finance committee had stamped the entire bill with Its spproval, both of amended and un amended sections. Mr. LaFollette and Mr. Rsyner upheld this view. Root and La Follette Tilt. Referring to a criticism by Mr. La Fol lctte. Mr. Root said senators would do well to confine themselves to clear-cut state ments and "to refrain from declamation and from elaborate discussion for the pur pose of strengthening gentlemen In their home states.", He said the. serute hud been for more than a month struggling with the tariff bill and had not passed through more than oue-s.'ventb of the paragraphs. ' "If gentlemen think that the people of the country will applaud them," continued Mr. Boot, v"ln my Judgment they are much mistaken." , Mr. I .a Folletts made sarcastic refer ence to the "supreme confidence of the senator from New Tork." In the case of ths glass schedule. Mr. .La Folletts said Mr. Root had told Mr. Aldrlch that he would have to explain It If he expected senators to vote on the house provision. "Of course," said Mr. La Follette. "com ing here with all of his prestige, he may well takt to himself rights that do not belong to other sea tors on this floor. I have not aald a word for 'home consump tion,' " sttd Mr. I Kollelte, "and I will ay to me senator irom tew ion inm i don't have to." He said he would be the Judge of the share he would take In discussing the tariff bill, "and I propose," he said, "to take (Continued oa 8cond Page.' NAIROBI. British East Africa. May 14. It was learned here early today that Ker mit Roosevelt lost his way from hla fath er's camp near Machakoa last Friday and spent an entire night alone on horseback riding through a region unknown to him. On Saturday morning he turned up at Klu, a station on the railway, Inquiring there the wy to camp. He was given the desired directions. Theodore Roosevelt, accompanied by his son Kermit. "arrived at the Ju Ja ranch of George McMillan today. They came from their camp at Machakoa. They will re main at Ju Ja ranch four to ten days, ac cording to the luck they have in hunting Impalto, buffalo, wart hog and waterbuck. At the conclusion of their visit with Mr. McMillan, Mr. Roosevelt and his son will come to Nairobi. The porters of the expedition will go straight south from the Ju Ja ranch to avoid the smallpox here. Mr. Roosevelt and Kermit will spend a few days In Nai robi and then leave to rejoin the expedi tion. The region In which Kermit Roosevelt Is reported to have been lost lies between the Athl river and the Vganda railway. Klu, where he finally found himself, is about fifty miles below Nairobi and thirty or forty miles southeast of Machakoa. There Is an old cart road from Machakoa to Klu, but otherwise the country and region thereabouts Is sparsely Inhabited by natives of the Wakamba tribe, a peaceful people engaged chiefly In agriculture. Russian Savant v Goes to Siberia Noted Professor One of Eighteen to Be Sentenced to Permanent Exile. MOSCOW, May 14.-The trial of ths members of the local social-democratic or ganization came to an end here today. Eighteen of the prisoners were sentenced to perpetual exile In Siberia, and twenty others are.tote Imprisoned In a 'fprt'ress for terms varying from one to three and a half years. The exiles Include Prof. Rochkoff, of ths University of Moecow, whose connec tion with the party for a number of years has been a mystery to the police. The authorities were aware that one - of the moat competent members of the general committee resided permanently in Ruasla, but they never identified this man with the noted university authority. When Prof. Rochkoff was betrayed by his own careleasness he went to St. Peters burg Instead of fleeing abroad and con tinued his activity under a false passport for four years before he was arrested In 190S. During the year preceding his Im prisonment ha produced a valuable work on the eoonomlo condition of Russia In the sixteenth century. Ire other men condemned Include police Judge Sparsky and Instructor Presln of the University of Moecow, who will serve respectively terms of two yeaxs and 18 months Imprisonment. MISS WILSON GOES TO EUROPE Tsar of Continental Capitals Will Prevent Secretary's Daughter Keeping; lows Engagements. BOONE, la.. May 14. (Special Telegram.) Mrs. Phillip Damon, daughter of Judge Stevens, thla morning received word from Washington, D. C, that the Iowa tour of Mias Flora Wilson, daughter of Secretary Wilson of the Agrucultural department had been postponed Indefinitely. Miss Wilson has Just signed a contract for her appear ance for the next two years In, European capitals and her tour of the United Btatea has been called off. The news brings bitter disappointment to hundreds of Boone friends of Secretary Wilson and family. DROWNED IN DEEP CISTERN Haverhill, Farmer Falls In and Body la Found Half an Hour Later. MARSH ALLTOWN, Is,. May 14.-Spe-clal Telegram.) While trying to measure water In his cistern, Hermsn Knol, a re tired farmer, of Haverhill, missed his hold and fell In. Ills body was found In eight feet of water by his wife a half hour after Knol waa last seen alive. That King- John Resolution Famous Bomb Shell Which the Late Governor Crounse Exploded on the Republican State Convention April 15, 1896. "Whereas, Senator John M. Thurston has kindly volunteered to leave his seat in the United Btatea senate and journey several times across the' continent to attend the meeting of the republican state committee and direct its proceedings in Issuing a call for this convention; also to have himself mads delegate to. ward and county conven tions, and as self-constituted dictator, hap pily styled King John the First, has Issued his edict directing the selection of himself, John L. Webster and Peter Jansen as delegates to the national republican con vention and fixing the boundaries from which the convention may aelect the other two delegates-at-large. and "Whereas, It la understood that, having gathered to himself ths several titles and offices of senator, delegate and dictator, he is ambitious for ths additional honor of being nominated for the additional honor of vice president or holding a place In the cabinet, when, as secretary of the Interior or attorney general, he caa be of further and greater service to ths Paclfio railroads, whose passes and stolen millions have been used to advance the honored gentleman to his present commanding poult Ion; and "Whereas. The senator oy Innumerable proclamations, letters and interviews has given the public tn general and presidential candidates In particular to underatand that he carries ths republican party of Nebraska In his pocket; and "Whereas, In order that this impression niy tonluiue and ths chances of ths sen Men at Lyons, Toulouse and Mar seilles Back at Their Posts. LEADERS ARE STILL CONFIDENT They Talk Boldly of Big Develop ments Impending. PREMIER WINS A BIG VICTORY i Chamber of Deputies Endorses Gov ernment's Attltnde In Strike and Passes Vote of ConHdenee Service nearly Normal. PARIS, May 14. Instead of showing an Increase this morning, the number of strik ing postal employes In the city seems to have diminished. The leaders of the strike, however, still talk boldly of developments. Including the declaration of a general strike by the general federation of labor. On the other hands the authorities, with the endorsement of the Chamber of Dep uties behind them. Insist thst tha move ment will collapse totally In a few days without recourse to the elaborate reserve arrangements that have been perfected. At Lyons, Toulouse, Marseilles and some other places, the strikers today abandoned the struggle and returr ed to their posts. The turbulent session of the chamber of deputies yeBterday ended In a sig nal victory for Premier Clemenceau when the government's policy with regard to the postal strike was emphatically en dorsed by a vote of 454 to 69. Including the government's Insistence that postal em ployes and other functionaries have no right to strike. Immediately afterward the chamber passed a vote of general con fidence In the government, 3D0 to 15. The strikers received the chamber's re buke with a shrug of the shoulders, de claring that It only served to bind closer their forces, which would soon startle the country by the big Increase and a rupld extension of the general movement. On the other hand, it is Intimated that the gov ernment I. as other plans In view to offi cial any serious growth of the strike. Up to midnight there waa no change in the situation. If anything It waa In ths direction of a weakening of the strike sen timent. The general conviction Is that if the movement does not make vast strides tomorrow It Is almost certain of complete failure. M. Rarthou, the minister of public works, posts and telegTaphs, asserted during the debate that only 2,1167 out of 34,3 postal employes In Paris and the department of the Seine are out and ths;. conditions" In the provinces were e en'Twlier. r Premier Clemenceau, In 'a typical epi grammatic speech, coolly concluded the exciting session, with the declaration that It was merely a case where France must choose between revolutions on the one hand and progressive evolution on the other, or between work under republican law and order and a spirit of adventure calculated to disorganize and rend ths republic. Listens) to Own Funeral Sermon Dying Man Summons Minister and Has Funeral Services at His Deathbed. OAS CITY, Ind., May 14. On his death bed Ellas B. Burns, 88 years old. today J heard his funeral sermon preached. After having been advised by his physi cian that he would live only n few hours I more Mr. Burns summoned his minister, Rev. Henry Schwan, and forty of his friends and neighbors and asked them to I klrv. I. .a,B.AAn t - t II V. I funeral service In his bedroom. Hymns were sung and Mr. Schwan preached a sermon. Scout Car to Atlanta. ATLANTA. Oa., May 14. A scout car to relect the course of the New York-to-Atlanta automobile race of next November left here today and will Inspect the route aa far as Greenville, 6. C. The contest Is ex pected to be a big factor In the develop, ment of good roads in the south. Among the points the car will touch are Gainesville, Mount Airy and Toccoca, Ga ; Basley. B. C Anderson, 8. C. and Hart well, Commerce, Jefferson, Winder, Ga. ator for gratifying his ambition be not Impaired by any act of Independence or disloyalty on the part of the republicans here assembled; and "Whereas, We recognize In the senator a willingness and a confidence In his own ability to go to St. Louis as the entire six teen delegates allotted to the state of Ne braaka. and regret that the authority of this convention will net permit us to thus constitute him, therefore, In order to effect the same and as nearly as may be; be It "Resolved. That Senator Thuraton be re guested to name all the delegates to the St. Louis convention we sre assembled sup posedly to select, which delegates are hereby Instructed, and ths district dele gates are requested, to vote and act in aid convention under the direction and for the glory of the senator; and ' Resoldved, That an apology is due from ex-Senator Manderaon to Senator Thurston for permitting the use of his name as a presidential candidate without flrat having obtained the consent of tha senator, and for attempting to usurp ths title of "Favorite son" when It is well known that tha name of our favorite in not Charles but John, and "Resolved. Lastly, That ws can but ad mire and applaud the magnanimity of our senator In graciously consenting that the name of ex-Senator Manderson may be mentioned at St. Louis at such tims or manner aa will Injurs no one else or do him any good." From the New Tork Herald. GRAIN COMPANIES VICTOR Union Pacific Beaten Through Ruling of Judge Munger. VERDICT AGAINST ROAD ORDERED Appeal Will Be Taken to United States Supreme Court on nest Ion of Faying; Elevation Charges Amounting to 10,000. The Updike Grain company has won In Its suit against the Union Pacific Railroad company to compel the railroad to pay cer tain elevation charges claimed by the grain company and ordered paid by the Inter state Commerce commission. , The case has been on trial in the United States circuit court since Wednesday- morn Ing and the grain company concluded Its testimony Friday afternoon. The defense Introduced but little testimony and moved that the court Instruct the Jury to retur a verdict for the railroad company. The at torneys for the grnllj company 'made a shnHar-motion and both presented argu ments In behalf of their respective motions. Judge Munger. after hearing the argu ments, decided In favor of the Updike com pany and ordered the Jury to return a ver dict accordingly. The Judgment carries with It a like ver dlct for the Nebraska and Iowa Grain com pany and the Crowell Lumber and Grain company, the three cases being Involved in the same trial. The total amount Involved Is about $10,000. The suit of the Updike Grain company was for W.742.10, the Nebraska and Iowa Grain company for $2,5(19.74 and the Crow ell Lumber and Grain company for $688.29. The suits were brought o nthe basis of the order of the Interstate Commerce com mission at Its hearing la thla matter In 1!MI granting these respective allowances for elevatlnn charges on the same basis that similar allowances were granted by the Union Pacific without contest to the Omaha Elevator company and the Trans mlsslsslppl and other grain companies. The complaints against the railroad company were those of discrimination against them for the benefit of favored grain companies. The Interstate Commerce commission or der was that the elevation allowance should be paid the plaintiffs by March 1, 19C9. Case Will Be Appealed. The Union Pacific Railroad company re sisted the payment of these elevation al lowances on the ground that an order of the Interstate Commerce commission had since declared that elevation allowances were Illegal. It was shown by the plaintiffs that the elevation allowances were legal at the time the plaintiffs made a demand for them In 1906 and 19ft", and that the al lowances had been granted without ques tion to the Omaha Elevator company, the Transmlsslsslppl and to other grain com panies. Upon the announcement of the Judgment, the attorneys for the Unlo nPaclfic gave notice of their Intention to appeal tho case to the United States supreme court In or der to test the validity of the orders of the Interstate Commerce commission In cases of this character. The suit Is the first of Its kind ever brought in the United States courts In he west, and involves a number of Important points relative to the powers of the Inter state Commerce commission aa between the great transportation companies and shippers, particularly . as relates to the handling, shipment and elevation of grain. Death for Wife Murderer. LAWTON, Okl.. May 14 A jury In the case of John Hopkins, charged, with mur dering his wife here October 29. 1907. today returned a verdict of guilty and assessed the death penalty. Hipkina came here from Kingston, Missouri. Everything on the want ad pages from pianos to poultry, Speaking of pianos. Borne of our big piano firms tell about their beet bargains on the want-ad page under the head of "Offered for Sale Pianos." They know that want-ad readers look for real bargains there. Often they, or othsr people, bar slightly ussd planoa, too, that may bo bought (or fraction, ot what a nsw on would cost. Have yon looked at the Bee want ads t today iP 4 M rMmWi & GETTING IN OUT OF THE WET Relief Board Goes to Adana Will Aid Stricken Armenians and In vestigate Cause of the Uprising. CONSTANTINOPLE, May 14.-A mixed commission will leave Constantinople to morrow for Adana to direct the work of relief In the Interests of the sufferers from the antl-C'hrlstian uprising and to super lse the Inquiry into the whole affair. The commission, which represents the govern ment, Is composed of Behn. Bey, a member of the council of Btatc; M. Artln, inspector of courts at Monastlr; Deputy Sheflk and Deputy Agah Bablklan. The last men tioned is an Armenian The minister of finance has decided that the cash found In the Imperial palace of Tlldlc, the residence of Abdul Hamid, the deposed sultan, shall be used In meeting the expenditures Incurred by the mobilisa tion . of tho First and Second army corps and the march on Constantinople to restore constitutional government. The funds In question amount to nearly $8,000,000. Omaha Woman . Sues for Fortune Mrs. Anna M. Day Claims Old Dower Right in Thirty-Six Acres in Mason City. MASON CITY, la., May 14.-(Speclal.)-A suit to establish a dower right In a tract of thlrty-stx acres of land In the northeastern part of the city, which Is of great value, has been begun In the district court here by Mrs. Anna M. Day of Omaha. Mrs. Day Is the widow of John H. Day, once a resldent'of Mason City and a brother of Henry Day, who amassed a great for tune here In the early days by real estate speculations. Mrs. Day alleges In her pe tition that her husband sold the property many years ago without her Joining In the transfer," and that consequently she still holds dower interest. . It Is claimed by the defense that the defendants have a clear title owing to their open and notorious pos session of the property over a long period of time. . .. ' Sherman's Laurels Soon Wither Son of Vice President is Eliminated from Golf Play by Lard. WASHINGTON. May 14.-The annual golf tournament of the Chevey'Chaae Golf club was continued tpday. Because of the splendid showing of the players yesterday interest in the matches was at fever heat when the first pair teed off. The surprise ot the day was the elimina tion of T. M. Sherman, the winner of the qualification cup. He was beaten by Allan Lard, Chevey Chase, 2 up and 1 to play. Sherman's medal score 76. Lard's 71. " W. J. Travla won his match with W. Tuckerman of Chevy Chase, 5 -up and 4 to Play. Bar Against Catholics May Be Removed in England LONDON, May 14 A comprehensive bill for the removal of Roman Catholic disa bilities and providing for an alteration In the accession oath taken by the British sovereign was Introduced by William Red mond in the House of Commons today and gave variety to the customary dullness ot ths Friday debate. The Roman Catholics never have ceased to Inveigh against ths "Insulting refer ences" to certain beliefs In the monarch's accession declaration as superstitious and and Idolatrous. Ths same opposition which has defeated any effort to alter the oath again showed up today with a petition signed by 400.000 persons against tha re moval of Roman Catholic disabilities was handed In. Mr. Redmond's bill not only removes what Is regarded as the objection able portions of the oath of accession, but it repeals ths acts prohibiting rssidenoe and the acquisition of property by tha Jesuits and other monasUo orders, and RAIN HELPS CROPS MUCH Eastern Part of Nebraska Chiefly Benefitted. NORTHERN KANSAS GETS SHOWER None at North Platte Nor Valentine, but Farther East Section . flts Enormously- by Heavy rre elpltatlon. Eastern Nebraska waa visited by the first good rain of the spring yesterday and farmers were offering up thanks last even ing, for the benefit to crops will be im mense. Many towns reported a good fall, among these being Beatrice, Grand Island, Fremont, Lyons, Shelton, Vlnwood, Table Rock, Trumbull and Falrbury. The fall of rain In every place heard from was of the most beneficial kind, being not' too violent to enter the ground and either occurring steadily for a long time or at Intervals for hours. Many of the places received their first slower Thurs day night and second rainfalls during Fri day. The rain was largely In southeastern Ne braska and In northern Kansas. Missouri, Iowa and Illinois points were moistened and ruin fell In Colorado. There was none yesterday afternoon at North Platte, how ever, nor at Valentine. Fremont Gets Half Inch. FREMONT. Neb.. May 14.-lSpeclal.)-Over half an Inch 'of rain fell her early this morning, which helped out the little shower of Tuesday night and Is worth big money to the rcops of ail kinds. Apples and small fruit are In bloom with good prospects for a full crop, something which this county has not had for several years. TABLE ROCK. Neb., May H.-(Speclal.) A succession of showers, falling last night and thla forenoon aggregating 1.60 Inches, has made crop prospects assume a different shape and the ground has been more thoroughly soaked than for many months. Corn planting Is well done and oats, wheat and graBS will be greatly Im proved by ths rain. FAIRBURY, Neu.. May 14. (Special.) The drouth was broken this morning by a rainfall of over .60 of an Inch, and the benefit to growing crops can hardly he es timated. Oats and. alfalfa especially were suffering from lack of moisture, but this rain has put them in good condition. Fruit has not been materially Injured by the late frosts and the prospect Is now that the apple and 'cherry crops will be good, with at least a half normal crop of peaches. Twolnches at Beatrice. BEATRICE, Neb.. May H.-tSpecIal Tel egram.) A heavy rainstorm visited this section this morning and rain fell at In tervals all day. Since last evening nearly two inches of water has fallen. SHELTON. Neb.. May 14.-(Speclal.)-A splendid rain fell here last night and al though not over a half Inch of water fell It will be of much benefit to everything. This waa the second shower this week and the Improvement on all growing crops has been a wonder. Although the entire spring has been backward for growing crops, farmers sre about all through planting corn and with seasonable weather from now on the average showing will soon be up to former years. L1NWOOD, Neb.. May ll-(8peolal.)-The drouth was broken here last night by a fall of half an Inch of rain, with some hall. No damage Is reported. TRUMBULL, Neb., May 14 -(8peclal.)- (Contlnued on Second Page.) abolishes the disqualification which pre vents Catholics from filling the offices of lord chancellor of Great Britain and lord lieutenant of Ireland. Premier Asqulth gave his cordial sup port to the objects of the biU. He declared that the exclusion of Roman Catholics from ths lord chancellorship snd the lord lieutenancy was qilte unjustifiable. 0HI0AN BEFORE GRAND JURY J. H. Eaton of Bueyrus Latest Ar rival at Muakoaee to Appear tn Fraud Case. TULSA. Okl., May 14.-J. H. Eaton of Bucyrus, O., subpoeosed as a witness be fore ths federal grand Jury that la rein vestigating the Muskogee town lot frsud cases. Is one of the latest arrivals from the east. Mr. Eaton is a brother of Waller R. Eaton of Muskogee, one of the seven men previously Indlctsd In tness case. MAXES REDUCTION $2.50 A TON Roads Must Put New Rate in Effect July 1 for Two Tears. CHARGE IS HELD UNREASONABLE Reparation is Awarded in This and i One Other Case. BALLING ER RULES TOR SETTLERS Evidence of Good Faith by Entrymen Will tiovern with the Successor of Karfleld, Whoae Ruling Was Very Strict. (From a Staff Correspondent.) WASHINGTON. May 14. tSpeclal Tele gram.) Interstate Commissioner Clark to day rendered, an opinion In the case of tl.e complaint made by underland Bros, of Wausa, Neb., alleging excessive rates wero charged by the Chicago A Northwestern and the Chicago, St. Paul, Minneapolis & Omaha railways on a carload shipment of sof coal from Christopher, 111., to com plainant. In which the rate charged, ti.CO per ton, Is found to be unreasonable and a rate of $3.70 per ton Is prescribed and reparation awarded. An order for repara tion In the sum of $3.75 and Interest will be entered against the defendant railroads; and. further, these roads will be required to establish on or before July 1. 1909, and for a period of not less than two years thereafter to maintain a rate not to ex- ceed J2.70 per ton on shipments of bitumin ous coal In carloads from Sterling, 111., to Wausa, Neb., when such shipments originate at Christopher. 111. Commissioner Clark also found for com plainant, William J. Dlehl, doing business as the Capital Pine company, In his case ngalnst the Chicago, Milwaukee & 8t. Paul railway, holding that a rate of 16 cents per 100 pounds on sawdust from Du luth to Andover, S. D., Is unreasonable to the extent that It exceeded 12V4 cents, and reparation was awarded. Bollinger Favors Settlers. In a decision in the land contest of Mitchell against Moon, Involving a home stead claim In Lyman county, South Da kota, Secretary Bulllnger has, It Is said hy those who have been following such deci sions closely, revered the policy of former Secretary Garfield as to the requirement that entrynvn shall reside continuously on the land. In this case the entryman had been on the land for about fourteen months, during the last eltrht of which he had mado some Improvements and started cultivation, going on his claim rrobably three or four timeit a week.' The oentest was sustained by the local officers and the commissioner of the general land offlco on the ground of non-continuous residence. The secretary, however, reversed the decision of the lower officers and dismissed the contest. He stated that, while the residence and cul tivation of the entryman probably would not be sufficient to permit acceptance of final proof It was sufficient to show good faith on the part of the entryman. nnd contest against the entry could not be sus tained on the ground of abandonment. Under tho Garfield administration In the Interior department entrymen were re quired to reside continuously on their hold ings and the smallest defection from that rule, It Is said, was held to be sufficient ground for cancellation of the entry. Gulllhlee Saved from Swindlers. Representatives Martin and Burke of South Dakota have been reaaonably busy lately keeping some of their oxnstltuents from sending money to Spain to secure part of an alleged burled treasure. This Is the old Spanish swindle about which the State department has Issued frequent warn ings, nnd those In charge of it have ben working In South Dakota recently. In at least two esses the South Dakota con gressmen have saved money for persona who received letters from the operators of the swindle. More Land Wanted. Representative Burke has Introduced a bill providing for the opening of about Wjo.OiO acres of land in the Rosebud reser vation In South Dnkota, lying In Meyer and Washabaugh counties, north of ths tenth standard parallel. Under ths terra of the bill the land la to bo examined and appraised and disposed of by the lottery system at not less than the appraised value. Congressman Burke received a latter from the geological survey stating that geologi cal exumlnallon of Standing Rock ami Cheyenne River reservations, covering about S,000,000 acres which have been ceded by the Indians, will be completed by July 10. There Is reasonable assurance that tho registration for these lands will be h"ld this fall and, that drawings will occur early next spring. Magonn Goes Abroad. Ex-Governor Charles Magoon of Cub was at the capital today to say goodbys to Senator Burkett and other friends Li congress and left on an afternoon train for New oVrk, from which po't 1" wl" fculi on Monday for Antwerp to travel through Europe for the next few months. Governor Magoon, on the advice of his physician, will take the waters at Neu hclin, and after a course of treatment thero will visit Italy and the Riviera, returning to America late In September. In all probability Postmaster General Hitchcock will be in attendance at the meeting of postmasters of Nebraska to be held at Lincoln June 8. snd 10. General Traffic Manager of the Union Pacific John A. Munroe of Omaha, who has been in Washington on matters con nected with the Interstate Commerce com mission, left today for New York City, ENTIRE TRAIN IS BURNED Express Collides with Freight 'ear rolraar Five Killed and ' Twelve Hurt. BTRASBERG, May 14.-A bad railroad ac cident occurred laH night at Hcrlinhelin, near Colmar. An express tmln from Basle to Cologne ran Into a freight train that had been derailed on account of the explosion of the locomotive boilers. Four members of the crew and one iiaasenger were killed and twelve pasatengera were Injured. The, wreckage took firs and the passenger train was completely burned out.