Omaha Daily Bee Newspaper, January 21, 1903, Page 2

THE OMAHA DAILY BEE: WEDNESDAY, JANUARY 21, 1903. Howell water works bill, authorizing Omaha to acquire and operate its water works plant under the $3,000,000 bond voted at_the last election, Nelson of Douglas, defining his bill, H. R. 168, says: It is & bill to provide for the ‘conveyance In proof of titles to real estate.’ It is a redraft of shapter Ixxill of the Nebraska statutes relative to deeds, mortgages, ete. The gprincipal change in the law ia to provide a law for acknowl- ®igment of deeds and mortgages uniform with the laws of lowa, Missouri and Massa- chusetts and some other states. The bill also lezalizes all defective acknowledg- ments of deeds placed on record before January 1, 1903, and provides that the record of such defective deeds shall be val- idated and legalized, ond that such record and duly certified copy of such record shail be admisible In evidence. “Another feature of the bill is a require- ment that the title to real estate shall pass by delivery of the conveyance to the register of deeds for record and not by a mere delivery of the deed.” Mr. Nelson claims that his bill will save much litigation and trouble in examination of abstracts of title and will give the state of Nebraska some of the benefits of the Torrens system of regjstration. So far no one has proposed to enact the Torrens sys tem for this state. The above bill will not in any way conflict with the Torrens. sys- tem if Introduced. Negotiable Instruments Law. Mr. Nelson has another bill before the house of similar import. It is S. F. 4, of which he say: “This is an act relating t¢ negotiable in- struments and s intended to establish a law niform with the laws of other states relating to notes, checks, drifts and bilis of exohange. It is a codification of the de- cision of the courts of all countries using the Rnglieh language. The first law of the kind was drawn by W.D. Chalmers, counselor to the treasury of England. This la% was taken up and considered by the American Bar dasoclation and the conference of com- missfoners on uniform state laws. They found the English act not complete enough for American use, so they employed John J. Orawford of the New York bar, who drafted the present negotiable instruments law {nthe form in which it has been en- acted in some twenty-two states, ““THe advantage of the codification of this branch of the law must be apparent to all laymen. The law of Nebraska as It now stands comsists of the decislons of this state and three or four sections of the statute and the remaining portion of tho law consists of the principles of the mer- cantile. law as lald down in some 2,000 Amerlcan dectsions. 1t s estimated that these decisfons must have cost the parties about $2,000,000, Every time that a contro- verted question arises In the courts of braska these decisions must be consulted 1n order to determine the law of the case. 1t it 18 a controverted question the usual practice fs to have the case decided by tho supreme court. The negotlable instruments law has settled all of these controverted questions and more than that, has lald down Remaining unpatl Or about 14 pur cent pa PIERCE " 5,588.56 id. COUNTY. 1850, Taxes levied Hemalning un Or a little mor D - 4 8,01 aid seasts .y T/ than 8 per cent paid, | )Y COUNTY | 1ms— Taxes levied ... Remalning_ unpaid F Or about 15 per cent pald MERRICK COUNTY. levied § . remajning unpaid Or little over 30 per cent pald HOLT COUNTY. $ 2738 1.13 $17,647.08 11,540.00 | 1802— | Taxes leviea seezesere | Amount remaining unpatd . Or about 45 per cent paid. OTOE COUNTY. $ 10,068 51 10,284.72 1850. Taxes levied Remalning unp: 1866 Taxes levied ..., Remaining unpaid Or about 30 per cent pal | PLATTE .COUNTY, | $ 4.507.59 4,507.50 $ 21,565.40 14,7102 levied Remdining unpaid e Or about 18 per cent pald. BUFFALO COUNTY. 1865 Taxes levied oot emuining uhpai 1869— $17,868.00 178,78 Taxes levied ... . Amount remalning unpaid ..., FRANKLIN COUNTY. Taxes levied Amount remaining unpaid Total amount 'of “taxes “levied In several counties for seven teen years. . .. Total amount of taxes femain- ing unpald in said counties for. seventeen years . e Amount paid ..... $ 30,161.% This amount paid being a e mote than 23 per cent of the total Amount levied. Under the rules of (he senate the:reso- lutfon went over until tomorrow. Debate on Revenue Matters. The Harrison, resolution introduced yes- terday was brought up and passed after much debate. The resolution provided that the senate revenue committee hold itself in readiness to confer with a committee from the house on a revenue measure. O'Nelll of Lancaster objected to the adoption of the resolition because he thought better results couid be obtained by the senate and house acting independ- ently. He stated that one house was sup- posed to be a check on the other and by the adoption of the resolution this guard would no longer exig Hasty of Furnas objected and in, closing his remarks said: “I hope there is no. nig- gar In the woodpile.” | Brown of Keya Paha, chairman of the rev- enue committeé, was one of the members who were in favor of the resolution. Howell of Douglas Introduced a resolu- tion requesting the supreme court to name a committee of their commission to act with the joint committees of the house and senate to formulate a revenue bill. The resolution was as follows: all of the main principles of the law as gathered from all of the decisions of the English and American courts. Legislative Gowsip, The personnel of the house of representa- tives of the present Nebraska legislature a standing contradiction of the old idea (hat the man who tills the soil has an un- equal voioe {h lawmaking. Out of a mem- bership of ninety-nine there are fifty-five farmers in the house. 8o that if bills emanating. trom that body are inimical to the farmers’ interests, .the fault will rest, 10 some extent at least, with the rural- ists. Lawyers number fifteen and doctors five in the house. “The NHouse commit¥es on the judiclary, of which Nelson of Dauglas is chajrman, is composed of eleven lgwyers and s regarded as an exceptfonally strong committee. But theére are sald to be some strofig *‘Kickers™ tnithis legal bunch. Their: first sburce of “vomplaint 4s that-the tables i their com+ ipittee room are of inauffcient area fo af- “ord foot room for all the mephers. It {8 & notable fact that in moments of deep- est thought lawyers insist on baving their teet higher than their heads and ‘they' pro: test that this lawerly expedient cannot de- cently - be practiced under the circum- stances. SNAP IN SENATE PROCEEDINGS Debate on Revenue Resolution and Several Important Measures Acted O (From a Staft Correspondent.) LINCOLN, Jan. 20.—(Special.)—In the senate today it was the busiest day of the wesslon. Considerable ginger and snap was injected into the proceedings and several fmportant measures were taken up. Anderson of Saline introduced a resolu- tion as follows to have a commiitee of three appointed to investigate and find the cause of the low per cent of state taxes collected by the county treasure: nd to recommend & remedy for the evil: In view of the fact that from the audi- Whereas, Adequate amendments -to the revenue laws of the state are urgent and universally demanded, and Whereas, The revenue commnittee of both the senate and the house should have all the assistance In framing a satisfactory measure that It is possible to afford them; therefore, be it Fesolved, by the denate and the house of representatives of the state of Nebraska in legislature assembiéd, T the supreme court be requested. designate Wmembers of the supreme court commission to co- leborate with and assist the revenue com- mittees of ‘the house and se pare and submit a_comprehensi menda- tory measure to the révenue laws of the state not later than February 10, 1902, sald measure to include the following features: 1. A provision for county assessors in each county in lieu of precinct assessors. 2. A provision for enlarged powers of state and county boards of ulfll{tlnn 50 that assessment il lowered. in whole ot Jn sast et /Faised or 3. Further provisions for assess) taxation of personal property. A 4. Necessary f‘lnvll‘on 0 _enable countl :ln:le municipalities to collect dellnquent Sloan of Fillmore Introduced six bills pro- viding for the lengthening of the terms of office of county officials to four years. These bills were the outgrowth of the County Offi- eers' association. : Brown of Keya Palia wants to get rid of | the prairie dogs in Nebraska and {ntroduced a bill deolaring them a nulsance. The bill | provides’ that property owners must kill off the prairie dogs by-the first of next No- vember, and if they do not then it becomes the duty of the road overseer to do the work | and for the service he is to be paid $3 per day. This money s charged against the property the same as taxes. Senator Brown ated that the bill was aimed at the non- resident property owners who pald no a tention to the prairie-dogs and were al- lowing them to overrun the western part of the state, where they are doing much damage. Just before adjournment this afternoon the Howell bill providing for the purchase of the Omaha water works was read a third Ume and passed, thirty-three senators vot- ing for it. The senate, as a committee of the whole, reported favorably on S. F. 18, In regard to changing the date of the Omaha election, and §. F. 3, in regard to quarantine law. tor's books It appears for various years and in various eounties, a8 ia’ghown to some extent A& statement of the taxes paid and levied in certain counties hereto attached, that there is a very small per- | centage ‘of the total state taxes paid In these yéars, it running from less than 1 per cent 9f ‘the total levy in one instance for one year, as per sheet attached, (o about 15 to % per cent, as ghown by this state- | ment, Wwhile many of -the counties in the ' e’ T0r all Of these years aes record sBows have paid continuo e 9 to 95 per cent of their state | it being manifestly evident that there'is too- much variance in this matt and it coming to my attention, as shown by tne auditor’s books, that one county, really without amy explanation on the records why, hus a0t made any settement or pald | any 'tax tg the State during the year 1892, bellevin, is matter is deserving of in- vestigation to explain the cause and recom- mend a remedy to correct this injustize in tha unequal payment of state taxes, there- fore be 1t Resolvéd, That a speclal committee of three be appointed to look into the matter and report. As shown on the auditor's books the fol- lowinig counties have paid but a very small percentage of their state taxes for certain yearsy: * PHELPS COUNTY. 1T4— Taxes levied Of this there rem: Belng less than 1 per cen Taxes levied fa ains unpaid paid. Amognt remaining Tota¥ per cent pa Taxes. Jevied ST Amount, remal unpaid Fercentage pald veing loss { e Taxes levied ... Amount remaining un .o Percentage pald being nearly . GREELEY COUNTY. 1892 Amount of taxes levied Amount remaining unp Or little more than 11 per cent HITCHCOCK COUNT 898 — Taxes levied unpal less than .3 han 6. 4 May be Used in the ’ Boudoir GORHAM SILVER POLISH Does not hurt or soil the hands Cleans as well as polishes 1 e Senate Romtl Lieutenan Governor MeGliton called the sendte to order at 10 o'clock.”, Pemberton of Gage reported that the sec- retary of state had sald that the contrac- tor would furnish senate files satisfactory to the senate. Sheldon of Cass reported that the ‘com- mittee on employes reported to emplpy Mrs. H. Walters as stenographer. Adopted. A message was received from ifie house | announcing that a committee had been ap- | pointed to act with a senate committee on a revenue bill, 10 report-in Afteen days. The committee on medical societi re- ported favorably- on 8. F, 3 in regard to quarantine laws. After the in- ! troduction of seventeen bills d senate | flles presented yesterday were read' a sec- | ond time the senate adjourned at 1o'clock | until 2. g Afternoon Session, The Torrens tax commission report was recelved from the governor without récom- mendation. The Introducing of bills then began. On motion of Harrison of Hall the sen- ate went into committee of the whole, with Fries of Valley in the chalr, to consider bills on general file. J 8. F.-3 was read and on motion of Mere- ith the committee reportéd favorably ‘on the bills. It relates to enlarging the power of county health boards in regulating' quar- antine, . 8. F. 18, by Saunders—To ¢ city election of Omaha, was | motion of Anderson of ‘['n recommended. The committeé on employes reported the resignation of J. Backus as clerk of the | judiciary committee and recommended that | Pratt be appointed Recommendation adopted. | A messenger from the house announced that H. R. 87 had passed that bedy. The report of the Torrens land commlis- slon was referred to the judiclary com- mittee, | date of nd upon passage A recess of fifteen miputes was takenm | to allow the committee dn engrossing and enrolling to maje up Its report. The committee on engrossing and enroll- ing reported that it had found 8. F. 1 correct after exdmination. 8. F. 1, by Howell of Douglas—Was read @ third time and passed. Senate adjourned at 4:50, The following bills were Introduced: 8. F. 67, by Pemberton—To amend sec- ton 113 of the Code of Civil Procedure. ‘ln&undmnz defenses may be stated W in bis place. | ame answer. Party must belleve one or the other to be trae, but eannot determine which F. 68, by Bro amend section 23, chapter 1, Compiled Stat- utes, entitled “Liquors.” One-fourth fines to_be paid complaining witness. 8. F. 8, by Brown of Keya Paha—De- claring prairfe dogs to be a nuisance and truction as such. n_of Sallne (by re- 7 the Code of Keva Paha—To | | | auest)~To amend sect of Civil Procedure. Not necemars (o give | notice to minor child unless over 14 years { 0ld in_elyll proceedings in adopting a_child. | F by Reynoids of Dodge—To es- | tablieh lilrartes for the use of teachers, | puplls ard other residents in all school districts, F. 72 | sectla Staty | cers. | 8. F. 73, by Sloan of Fillmore—To amend | section 1’ of subdivision 7, chapter, Ixxix, | of the Compiled Statutes.’ Term of office | of_county superintendents four years. | .8 F. by Sloan of Fillmore—To p | vide “for signing of official bonds of | state, co school ~district, precinct, | townehip and ‘municipal officers’ by sarety companies In all instances, and to provide for the payment of premiums upon sald bonds by the state, county, school district precinct, township or municipality as the case may be. 8: F. by Sloan of Fillmore—To amend sectlon 15, chapter vil, of the Compiled Statutes. County attorney to serve four years, 7. chapter xxvi, of the Compiled es.’ Change In term of county offi- by Sloan of Fillmore—To amend article |, chapter xvill, of the Statutes. 'Register of deeds to section Compiled serve four years. 8. F. 77, by Sloan of Fillmore—To amend sections $4 and 55, article i, chapter xvili, of the Complled Statutes. County boards to_serve_four years. 8. F. 78 by Heghtol of Lancaster (by re- quest) o amend sections 70 and 85, chap- ter xlili, Complled Statutes, being sections 1 and 16 of an act entitled “An act to regu- late the organization and operation of mu- tual benefit associations, life insurance and life Insurance companies.” 8. F. 19, by Hastings of Seward—Provid- Ing" for the election, salary and defining the powers and duti of county .attorneys, nd repealing sections 15, 16, 17, 18, 19, 20 , 22, 23, 24, %, 2 and 27, chapter vil, of the Compiled Statutes. 8. F. 8. by Hastings of Seward—Provid- ing for the election, salarks and defining the powers and dufles of prosecuting at- torneys for the several judicial districts of the state of Nebraska. 8. F. S, by Jennings of Thayer—To re- quire oWwners and operators of hortable en- §ines to place plank on cuiverts and bridges efore crossing the same. 8, F. 8 by Wall of Sherman (by request) ~To aménd sections 3, 4 and 11, of an act gntitied “An act creating a f06d commis- lon. 8. F. 83, by Wall of Sherman (by request) —To amend sections 1, 2, 3, 4 and 5 of an act entitled, “An act » provide against the adulteration of food, prohibiting the sale or offering for sale of adulterated food.” 8. F. 84, by Howell—Joint resolution pro- posing a commission to be appointed by the members of the supreme court, to prepare and submit a comprehensive amendatory measure to the revenue laws of the etate, 8. F. 8, hf/ Howell of Douglas—To de- clare vold sales, trades or other disposition of stocks of goods, or portions thereof in bulk, otherwise than in the ordinary and reguhr course of the vendor's business. . F. 85, by Brown of Keya Paha—Rela- tive to collection of delinquent personal taxes from estates of decedents, 8. F. §7, by Morris of Pawnee—To amend sections 521, 530, 531 and 53la of the Cade of Civil_Procedure relating_to exemptions. 8. F. 8, by Norris of Pawnee—To amend section odl, chapter ii, title 14, Code of Civil Procedure, relating to garnishment. HOUSE ASSERTS PREROGATIVE Informs Senate It Alome Has Author- ity to Frame a Revenue Measure, (From a Staff Correspondent.) LINCOLN, Jan. 20.—{Special.)~The first action of the house today was to order, by vote, a suspension of the rules enabling the bill of Gilbert of Douglas, H. R. 87, to be engrossed for its third reading. This measure, with H. R. 67, also by Gil- bert, authorizing the city of Omaha to ac- quire and operate its water works plant, were favorably reported or by the commit- tee on citles and towns, of which Gilbert is chairman. The motion to euspend the rules was made by, Morsman of Douglas. Beyeral votes were cast against the mo- tion to suspend the rules, which Morsman Insisted was vitally necessary to the suc- cess of the measure. The house indefinitely postponed Koet- ter's bill, H. R. 34, making it ob/igatory for country school districts to maintain truant officers and optional with city dis- tricts. The bill was so recommended by the committee on public schools. " On report of the committee on public schools the house recommended for pas- zage H. R, 46 by Friedrich of Cass, com- pelling due publication of notice of any achool board'menting at which the purpose is to change a school site or authorize the building of a new structure. Speaker Mockett then, in pursuance of the Douglas resolution of the previous day, appointed the committee to frame and in- troduce a revenue bill within fifteen days from January 19, H. R from Nos. 167 to 162 were read the second time and twenty-six hew bills introduced. Afternoon Session. At the afternon session the committee on engroseed bills reported favorably on the enrollment of H. R. No. 87 and the report was accepted. The house asserted Its independence of the senate in the matter of formulating revenue legislation when on motion of Rouse of Hall It ordered placed on file the resolution of Senator Harrison that the senate authorize its committee on revenue and taxation to hold itself in readiness to draft a revenue bill and report not lat than February 6, acting jointly with the house. The motion also specified that the senate be notified that the house already had taken action to draft a revenue bill When the resolution had been read by the secretary, Speaker Mockett announced that it was a joint resolution, requiring the concurrence of the house. Ex- Speaker Sears at once took Issue, say- ing it was not a joint resolution, but simply & senate communication, and therefore called for no action from the house. Forth. with Rouse made his motion, which, des- pite the speaker's position. was carried. H. R. No. §7, Gilbert's city election bill, was then passed by the house, 91 affirmative votes apd no negative being cast. The house, on motion of Sears of Burt, | then went Into committee of the whole, and | Speaker Mockett invited his predecessor, Mr. Sears, to take the chair. On motlon of Gilbert of Douglas, his water works bill was passed, retaining its place on gener:l e, since a joint measure was golng through the senate, H. B, No, 2¢, a bill by Good of Nemaha to repeal the law requiring entrance exam- and the committee of the whole, on Good's motion, recommended the bill for passage. H. R. No, 46, by Frederick of Cass, was recommended for passage. The report of the committee of the whole was adopted by the house. The house, at 3:15, adjourned. New Bills. H. R. 158, by Fellers—To make election | day a legal hoiiday H. R. 189, by Fellers—Levying a speclal voting tax of 8 cents and providing the manner of payment thereof H. R. 180, by Burgess—To permit mutual assessment life Insurance companies to fur- nigh sick benefits. H. R. 161, by Spurlock (by request)—Re- lating fo damages for injurice sustained on public highways. H. R. 182, by Douglas—To prevent willful and malicious injury to or molestation or destruction of telegraph or telephone prop. erty. H R by Hanna—To amend section Sa, subdivi: 10, chapter Ixxix, Compiled Statutes, relating to the expenses of teach- ers’ institutes H. R. 184, by Robbins—For the relief of state treasurers who have pald out money Tor guaranty bonds furnished by surety com| refunding 5,000 to Stuefer 32,600 to Peter Mortensen. H. R. 166, by Kittle—To repeal wolf scalp bounty law H. R. 165, by Fishback (by request)—To provide dralnage for agricultural and sani- by Bloan of Fillmore—To amend | inations to normal schools, was taken up | tary purposes dnd to répeal article iif, éhap- ter Ixxxix, Compiled Statutes. H. R. 167, by Webofg—Concurrent reso- lution relafing . to_the_election of United Btates senators; memorializing congress to submit a r‘nnllpu(hnfll amendment provid- ing for the diréct election of United States senators. H. R. 168, by Nelson—To provide for the conveyance and proof of titlee to rea: e tate, and to repeal sections 1 to 56, acl sive, of chapter Ixxili, Statutes of N braska, entitled “Real Estate,” and se: tions 1 and 2, chapter Ixxxi, of sald sta utes, entitled “Scals.” H.' R. 189, by Gregg—To provide for the examination and grading of all tgachers’ manuscript in the eubjects requifed for (‘unn(i' certificates by the state department of public instruction. H. R. 170, by dogs to be a nulsance, their destruction as su H. R. 171, by Ten Eyck—Relating to t proviso claige of the tax commissioner se the Omaha city charter. R. 172, by Ten Eyck—To prevent the mutilation of horses by docking their talls by Jones of Oto nd 105, chapter Ixxvil, Compiled , entitled ‘‘Revénues,”” and to re- peal sald sections as heretofore exlslh\‘. H. R. 19, by Sears—To give to widows absolute estate [nstead of dower interest. This is, the bill indorsed by the Nebraska Waoman's Suffrage association H. R. 17, by hoards to lét contracts for county printing | by separate items, instead of in bulk, as at | present H. R. 176 by Perry—Relating to sub- poenas of witnesses in civil actions. H. R. 177, by McClay—Relating to incor- poration fees of. bullding and loan asswsia- tions. H. R. 178, by McAllister—To provide for the salé of marke and brands and a tee for recording the same. H. R, 179, by McLain—~To require that no person be elected probate judge who is not & regularly admitted attorney-at-law. H. R. 1%, by MeLaln—Relating to the qualification of attorneys. H. R. 181, by McLain—To require poll and road taxes to be paid o cash, and to au- thorize road oyerseers and street commis sloners to employ competent men to work the roads and streets and to fx the com- pensation therefor, H. R. 182 by Loomls—Concerning lar titles and the registration thereof, and th registration of estates therein, and ease- ments, encumbrances and charges thereon, H. R. 188, by McLain—Amends fish and game ldws by making open season for trout rom June 1 to November 0 H. R. 184, by Reed—Gives heads of fami- les %00 examption from garnishment. Wages of clerks, mechanics and laborers and to provide for of 6 per cent H. R. 1%, by Reed—Relating to method of procedure in county courts in judgments, TWO SENATESSITTING (Continued from First Page.) militia to place Haggott and the repub- licans In posseesion of the chamber. Gov- ernor Peabody sald today that he would not interfere. His friends are advising him to keep his hands off, and they point out that if he recognizes the Haggott senate no leg- islation can be enacted at this session and the state government must go without funds for two years, as appropriation bills could not be legally passed. The republican leaders in the house re- fused today to carry out the Wolcott pro- gram and unseat the eleven Arapahoe dem- ocrats. The senate remains in continuous session, but' will not remove more repub- licans pending further aggression by the house. When asked today regarding his attitude with reference to the split in the eenate, Governor Peabody safd: I am the governor of the whole people and not subservient to any cligue of any pollticai party, ‘atid 1 will be guided by the law and constitutipn in deciding which side of the senate should be recognized. 1 do not contemplate calling out the milltary. 1 think the National Guard too dignified a body to do police duty, and that s all that is required. There is no occasion for bay- nn;u. I think that the police can keep order. TURN CITY QVER TO FIREMEN Twenty-Firat 'Apnual Convention of — CRETE, Neb., Jan. 20.—~(8pecial Tele- gram.)—The twenty-first 'annual conven- tion of the Nebruska Volunteer Firmen's sssoclation is now in progress. Two hun- dred delegates are already In the city and many more will arfive tomorrow. The open- ing eession was held in Band's opera house at § o'cldck this evening. Mayor Buck, after turning over the keys of the clty to the visitors, introduced Hon. H. M. Wells, who in a felicifous speech bade them welcome to its hospitality. Mr. Wells told of the organization and growth of the assoclation in the statc and complimented the members by emphasizing the fact that it is a volunteer organization and not one of salarfed men. Response was made to this address of welcome by J. P. Cleland of Fremont, who has had the distinction of having been the first president of the assoclation, After transacting minor business mat- ters, the meeting adjourned till tomorrow morning and the delegates proceeded to enjoy a smoker given by the local firemen. The program for tomorrow includes, be- sides the rogular busines: sessions, a parade In the afternoon and a band concert in the evening. PAN - AMERICAN RECIPROCITY Argentine Deleg: Urges Customs Congress to Recommend New Commercial Treaties, NEW JORK, Jan. 30.—At today's session of the clistoms committee of the American republics Dr. A. Alvarez de Toledo, dele- gate from Argentine, presented a resolu- tion which, after stating in' the preamble that the Monroe doctrine ought to be ex- tended, proposed that the congress recom- mend to the dlifferent republics the early sanction of all commercial treaties now pending, the megotiation of reciprocity treaties. with other countries and that such treaties be made more favorable to Ameri- can than to foreign countries. The resolution’ was referred to a commit- tee of seven to be appointed by the presi- dent, who said he regarded the resolution as most important. —————— IT PAYS "I‘n Know Facts About Coffee, | | When man takes properly selected food and drink Nature will most always assert | herself and rebuild the structure properly. “From my earliest remembrance I was a confirmed coffee drinker,” writes a gentle- man from Marghallville, Ga., “taking two cups at mearly every meal. While at col lege I became yery mervous, dyspeptic, ir- ritable and unfit for study and agtributed it largely to coffee, bat did mot stop its use. “When I was married 1 found my wite was troubled the same way, and we ‘de- cided to try Postum Food Coffee. My wife made the Postum according to directions and we found it superb. We used It ex- clusively for the morning beverage, and the taste of ordinary coffee became di | tastetul to both of us. “We have found & distinet gain in health. Any amount of Postum does not cause a | while the return to coffec even for one meal has disastrous effects upon my neryes. My dyspepsia has entirely left me, and both my wife and self are well and strong and feel that it is all due to. the Postum.” Name given by Postum Co.,-Battle Creek, Mich. It is easy lo replace coffee with Postum, which has, when properly made, a rich flavor and the color of coffes, with mone of its Injurious after-effects. | Currie~Declaring prairie | ~To_amend | Burgese—To allow county | in hands of "mployers are exempt to extent | feeling of either dyspepsia or mervousness, | OMAHA YARDS . INTERVENE Joins Other Steck Oenters in Fighting Ohi cago's Complaint. WINDY CITY NOT HURT BY RAIU‘(OADSi | Discrimination s Practiced | Against Lake Point By Means of Unfalr Tarifts on Live Anf. No mals Consigned There. CHICAGO, Jan. 20.—This afternoon the | Interstate Commerce commission continued | the investigation begun last December into | the complaint of the Chicago Live Stock exchange that rallroads were discriminat- ing In rates between Missourl river points and Chicago in favor of dressed meats and against Chicago us a live stock market o Fresh intcrvening petitions were filed by Frank T. Ransom for the Union Stock yards of Omaha, and the Live Stock exchange of 8t. Joseph, Mo., by Mark D. Flower for the Union Stock Yards company of St. Paul, and by Willlam Milchrist for the Sioux City Live Stock exchange and stock yards All the Intervenors are practically aligned with the rallroad companies to show that the complaint of the Chicage Live Stock exchange was without foundation. The live | stock interests of these citles allege that in reality Chicago is favored by the pres- ent rates on live stock and d-essed meats. The case of the Chicago exchange was closed after brief testimony by C. 8. Free. man, a commission merchant, and C. W Tomlinsoa of the Live Stock exchange. Both sald Chicago was discriminated against. Ira B. Miils, chairman of the Minnesota commission acted as e<aminer for that body and presented Commissioner C. F. Staples as his first witness Compromises with Rallwa: | a Takes a Hand. Mr. Staples said the Minnesota commis- sfon recently arranged a compromise with the western railways, by which rates on live stock from that state to South St. Paul and Chicago were fixed in & way that was considered fair to both cities. He ad- mitted, however, that the commissioners had not considered the reasonableness of the rates, except relatively to either city. Thomas Yapp, another member of the Minnesota commission, produced maps and figures to show that South §t, Paul was not favored as against Chicago by the railroads. Late in the afternoon an adjournment was taken until tomorrow, with the under- standing that each of the intervenors would present one witness. The rallroads will then call A. B. Stickney, president of the Chicago Great Western, and A. C. Bird, vice president of the Chica¥s, Milwaukee & St. Paul. At the . morning session sion, acting at the instigation of the United States senate, sought facts and figures as to import rates by which Euro- pean manufacturers are able to undersell American manufacturers in the markets of the western states on certain classes of | goods. General Freight Agent W. H. Rhett of the Illinols Central railroad was one of the first to testify. He wi unable to state whether the ocean carrlers of the railroad companies were responsible for the condi- | tions that prevail. | Wilford Shade, a customs house broker of | St. Louls, admitted that he received from raflway companies 10 per cent commission | for the part he played in getting import | business. The witness refused to say how | much he recelved from the importer and | from the consignee. | the commis- WITNESSES FOR OPERATORS Delaware, Lackawanna & Western Presents Evidence to Strike | Commission, ! I PHILADELPHIA, Jan. 20.—The Delaware, ' Lackawanna & Western railroad continued to call witnesses before the coal strike commission today in opposition to the de- mands of the striking mine workers. John J. McAndrew of Scranton, a holst- ing engineer at the Diamond mine, was the first witness. He said the engineers, firemen and pumpmen of the Delaware, Lackawanna & Western district No. 1 were unanimously opposed to going on strike. All the steam men of this district, two- thirds of whom were members of the United Mine Workers of America, held a meeting of which Mr. McAndrew was the chairman, and adopted a resolution requesting Presi- dent Mitchell to rescind the order calling out the steam men because they had no grievances. A committeo saw Mr. Mitchell and he eald he could not recall the order. When the strike order went into effect elghty-six per cent of the steam men of the Delaware, Lackawanna & Western district No. 1 re- mained at work. Michael McHugh of Scranton, an engl- neer at the Sloan colliery, who was on the committee which called on President Mitch- ell, corroborated Mr. McAndrew. He said the committee first saw District President Nichole. Nicholls sald if the steam men would not strike they would be ostracised and their families annoyed. Samuel T Morgan, a miner of Scrapton, formerly & member of the union, sald he was expelled from the union because he id not produce witnesses to sustain charges made against certain officers. He said he | could not afford to bring witnesses to Hazle- | ton, where he had made charges in the con- | ventton. Witness had sald on the floor of | the convention that ber Fallon of Wilkesbarre had sald it made no difference if he brought witnesses; the officers would be declared innocent an way. He eald the union was responsible for the marching in 1900, Witness sald District President Dufty told him that raids were to be made on the collteries at Derringer, Cowen and Fern Glen, in the Hazleton region, during the 1900 strike. The expense of the raids, he 1a, was $43 for car fare and liquors. Counsel and the commission then got | into an ‘argument over the rshts of union and nonfinton men. Miners” couhsel eald | the unlon men had the right to refuse to work with nonunion men and also to Tetuse to deliver cars to them. “Then an employer has the right to re- fuse to employ union labor?” sald Chairman Gray. “Certainly,” replied Mr. Darrow SUGAR DUTY IS REDUCED Imports Go nd Coun- Up & Charges Therefore Go Down. WASHINGTON, Jan. 20.—The annual re- adjustment of the rate of countervailing | duty to be assessed against sugar {mported | from Austria-Hungary results in a reduc- [tion of about 30 cents a ton from last | year. This 18 due to the increase in the im- | portation. That country pays a lump sum 4s 8 bounty on exported sugar, and the larger the amount sent abroad, the smaller the bounty received per unit upon which the countervailing duty is based. During the coming year this duty will be about $4.50 a ton TO CURE A €OLD ONE DAY Take Laxative Bromo Quinine Tablets. This signature ‘w ’ on ry box. e, | following vote: | separate session this afternoon. | H. C. Hansbrough was re-elected, receiv- National Board Mem- |~ SENATORS ana, Missourt, EALLOTING Cholee Mine FOR New York onnecticut. Jan. 20.—The house and senate met today in separate session and re-elected United States Senator Charles W. Fatrbanks. Tho vote will be canvassed tomorrow In joint session. There was no oppoeition to Mr. Fair- banks. The nominating specch in the sonate was made by Senator Willlam A Killinger of Anderson. In the house Booth Tarkington, the novelist, made the nom- inating speech The democrats voted for B. F. Squth Bend. JEFFERSON CITY, Mo., Jan INDIANAPOLIS, Shively of 20.—Former Governor Wilifam Joel Stone, candidate of | Palne’s Celery Compound the democratic caucus, today received a majority of the votes cast in both houses for the successor of United States Senator Vest, whose term expires March 3, 1903. Hon. Richard C. Kerens was given the solid vote of the republicans. The vote: House—Stone, 82; Kerens, 59. Senate—Stone, 26; Kerens, 7. Tomorrow both houses will meet in joint session and declare the election of Stone. SPRINGFTELD, Ill, Jan. 20.--Congres man Albert J. Hopkins was today elected United States semator in both houses againat Congressman James P. Willlmms. The vote in the senate was 35 to 15 and in the houss £8 to 62. LITTLE ROCK, Ark., Jan. 20.—Both branches of the legislature balloted at noon today for United States senator. In the senate Hon, James P. Clark recetved nine- teen votes and James K. Jones received fourteen votes. In the house Clark received 58 votes; Jones, 36, and R. L. Hemmel, re- publican, 2. Clark thus has 77 votes on joint ballot, or nine more than necessary to elect. A joint sesslon will be held at noon tomorrow and the vote will be formally ratified. Clark succeeds James K. oJnes. ALBANY, N. Y., Jan. 20.—The two houses of the legislature in separate session elected Thomas Platt to succeed himself as United Btates senator. Three tepublican wenators voted for Elihu Root, secretary of war. The joint convention will elect Mr. Platt tomorrow. HARTFORD, Conn., Jan. 20.—The general assembly today re-elected Orville H. Platt to serve as United States senator for a fifth term. DOVER, Del.,, Jan. 20.—The ballot for United States senator in both houses today resulted as follows: Long term—Richard R. Kenney, democrat, 21; J. Edward Ad- dlcks, union republican, 21; Henry A. Du- pont, regular republican, 10. Short Term—Willard Salsbury, demo- crat, 21; Addicks, 20; Anthony Higgins, regular republican, 10. Necessary to elect, 27. TOPEKA, Kan., Jan. 20.—The republican senatorial caucus tonight resulted in the Long, 86; Stanley, 36; Cur- LR 0 cholce was made and another cancus will be held tomorrow night. BISMARCK, N. D., Jan. 20.—The legis- lature voted for United States senator in Senator ing tha unanimous vote of the republican members of each house. LANSING, Mich., Jan. 20.—Former Secre- tary of War R. A. Alger was elected by the state senate and house of representatives to fill out the unexpired term of Senator McMillan. The democrats voted for Lor- enzo T. Durand, their defeated candidate for governor at the last election. OLYMPIA, Wash., Jan. 20.—The result of the first ballot on United States senator in separate session was as follows: Levl Ankeny, 48; Harold Preston, 41; John L. Wilson, 12; George Turner (dem.), 23; scattering, 10. SALEM, Ore,, Jan, 20.—Both houses of the legislature today balloted in separate sessiono on United States senator. There was no choice. The vote: Senate—C. W. Fulton, 9; T. T. Geer, 8; H. L. Pitterek, 3; George, 3; C. E. 8. Wood (dem.), 6; ab- sent, 1. House—Fulton, 19; Geer, 13; Wood, 12; George, 1; Willlams, 2; A. L. Mills, 2; McGeorge, 3; Binger Hermann, 1; G. T. Wolverton, 1; R. L. Gillisan, 1; G. W. Stapleton, 1; W, D. Fenton, 1; C. H. Carey, 1; H. H. Hewitt, 1. Gill (rep.), voted for Wood (dem.). SALT LAKE CITY, Utah, Jan. 20.—Reed Smoot was this afternoon elected Unitéd States senator from Utah, to succeed Sena- ton Rawlins. The vote in separate session was as follows: Senate—Smoot, 10; Gov- ernor Wells, 2; Rawlins, 6. House—Smoot, 36; Wells, 4; Rawlins, 4. Mr. Smoot's elec- tion will be ratified tomorrow at a joint session of the leglislature. CONCORD, N. H., Jan. 20.—The legisla- ture in separate seselon today elected Jacob H. Gallinger United States senator, to suc- ceed himself. ENTER PLEA OF GUILTY New York Bankers Admit a Violation of the Natlonal Bank- ing Law. NEW YORK, Jan. 20.—Willlam H. Kim- ball, former president of the Seventh Na- tional bank, and Gamaliet W. Ross, the pay- | ing teller, who were placed on trial yes- terday on charges of violating the national banking law by overcertifying checks of Marquand & Co., today withdrew their plea of not gullty and pleaded gullty to the in- dictments against them. They were paroled in the custody of their counsel for sentence on Tuesday of next week. Gold Med At Pan- Unlike Any Other ! The full flavor, the delicious qual- ity, the absolute Purity, of Low. ney’s Breakfast Cocos distinguish it from all others No “treatment” with alkalies; no adulteration with flour, stareh or ground cocoa shells; nothing but the nutritive' and digestible product of the choicest Cocos Beans Ask Your Dealer for It. Mr. | A Well-Known Gentleman Makes a Remarkable State- ment, He Assures Rheumatic Sufferers That One Bottle of Paine’s Celery Compound Banished His Pains and Agonies. The startling and happy cures wrought by for rheumatic sufferers have deeply impressed medieal men everywhere, and today the best prac- titioners aro recognizing the great value of the Compound, and prescribe it with con- fidence. Paine's Cedery Compound stands un- equaled as & cure for all the varied forms of rheumatism. At this season its good work is apparent in thousands of American homes. Men and women, lame and crippled, and utterly helpless from the terrible dis- ease are being restored to activity, health and strength. Paine’s Celery Compeund is the only medicine that rescues and saves tho despairing victim who is told that he or she is incurable. Mr. L. A. Fleshman, Gap Mills, West Va., writos about his happy experience with Paine’s Cedery Compound; he says:— “I had rheumatism in my lett arm and shoulder, could not sleep, and had.no appe- tite. 1 visited my sister who lives in Frankford, and she told me that she had been afflicted just as I was and Paine's Celery Compound had donme her more good than anything she had tried, and she advieed me to use it. I got one bottle and used it, and the result was I slept well, had a good appetite, and the pains of rheuma- tism left mo and I have not felt them sinc in fact, it has qured me and I foel like a | | ‘The MILLAR new man.” O T T8 W R . There are many ways that odd pleces of cloth may be worked into useful and decorative objects for the house. DIAMOND DYES WILL COLOR ANYTHING ANY COLOR. Direction book and 45 dyed samples free. DIAMOND DYES, Burlington, Vt. Fast Local Train —VIA— llinois Central RAILWAY, Effective January 18th, 1908, Leaves Omaha {Leaves Council Bluffs 10:45 A, M. 11:05 A, M. ARRIVES LOGAN WDODBINE. DUNLAP... DOW CITY. ARION.. DENISON. . WALL LAKE. ROCKWELL CITY. FT. DODGE..... WATERLOO . DUBUQUE CHICAGO. . J11:59 A 12:18 P. 12:30 P. 12:43 P. 12:47 P. o ses.0.1:00 P, EERKERERERERK Makes all intermediate Omaha and Chicago. Tickets, 1402 Farnam Btr«z.: W. H. BRILL, Dist. Pass. Agt., Il Cent. R.°R., Omaha. AMUSEMENTS. BOYD’S! "=tz MATINEE TODAY—TOMNIGHT. WILLIAMS **¢ WALKER '™ “IN DAHOMEY.” Prices—Mat., 2c, 60c. Night~2e, 8¢, Tbe, $1.00. O FRIDAY AND SATURDAY, SATURDAY. Seats on Sale. Anna Held “The Little Duchess” Prices Mat., 2%5¢, e, T5¢, §1.00, §1.50. Night o8¢, Tbe, 3100, $1.60, $5.00. Positively no free list. MATINER oRmIanTeN Telephone 1631 Matinees, Thursday, Saturday, Sunday, 2:15; Every Night, 5:16. HIGH CLASS VAUDEVILLE Hallen and Fuller, Freres Le Lucea, Lieut Carl Nobel, Beatrice Moreland, Warren and Blanchard, Orth and Fern, and the Kino- drome. Prices—10¢c, e, Soc. B ————— HOTELS. st D OMAHA, NEB. ‘Omanha's Leading Hotel oY | v Pt SPECIAL FEATURE, LUNCHEON, FIFTY CENTS. 12 0 2p m SUNDAY, 5% . m DINNER, T 4 Steadily increastng bustness b tated an snlaryement of (his cale, ils former capacity.