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Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 15, 1909, NEWS SECTION, Image 1

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The Omaha Daily Bee
For Nebrka Thunderstorm
For lowsThunderstorms.
For wenther report see page S-
PAGES 1 TO 10.
Amendment by Mr. Cummins to
Reduce Each One-Tenth of t
Cent is Defeated.. '
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
Indication that Trench Postal 1 v
ployes Will Abandon Fight V
Against Government.' N
Commissioner Clark Rales Against
Northwestern and Omaha on
Coal Rate.
Badger Senator Objects to Hint that
Debate Should Be Limited.
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
.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
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
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.
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.
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.
They Talk Boldly of Big Develop
ments Impending.
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
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
Listens) to Own
Funeral Sermon
Dying Man Summons Minister and
Has Funeral Services at His
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
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,
"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.
Union Pacific Beaten Through Ruling
of Judge Munger.
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 &
Relief Board
Goes to Adana
Will Aid Stricken Armenians and In
vestigate Cause of the
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
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
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
Eastern Part of Nebraska Chiefly
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.
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.
Roads Must Put New Rate in Effect
July 1 for Two Tears.
Reparation is Awarded in This and
i One Other Case.
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
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,
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.

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