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THE OMAHA DAILY BEE. ESTABLISHED JUNE 19, 1871, OMAHA, THURSDAY CASH IS DEMANDED Germany Tells Bowen $340,000 Must Be Paid Before Arbitration. BERLIN SETS ASIDE SIGNED AGREEMENT Refuses to Recognize Oount von Quadt's Actions in Venesuelan Matter. CASTRO'S ENVOY MAKES SHARP REJOINDER Promises to Pay in Full if Oonfession of Bad Faith is Made. OTHER POWERS CAST KAISER OVERBOARD Express Regret at Action Taken and Agree to Stand by All Ar ments Made on Their Behalt During Negotiations. we- WASHINGTON, Feb. 1l—Germany has ignored its previous engagement, made with Mr, Bowen by Count A. von Quad-Wykradt- Izsy and insisted on a cash payment of $840,000, or a lien on the customs receipts of one of the Venezuclan ports until this is paid. This information was conveyed to Mr. Bowen tonight by Baron von Smsn- berg. the receipts ot any port prior to The H: decision, but left the matter of a cash pay- ment to the German minister to determine. “If Germany can afford to confess that it does not stand by agreements signed by its duly accredited diplomats,” replied Mr. Bowen, “l am Wwilling to guarantee pay- ment on the day the protocol is signed of the total amount asked in the original ultimatum.” That response b German Forelgn office. been cabled to the * Allies Desert Germany. Great Britain and Italy have renounced any responsibility for the action of Ger- many and have informed Mr. Bowen that they will stand by all agreements made with him and will not be influenced by the action of Germany. With the exception of the demand for an increased cash payment the German proto- col, in all essential respects, conforms to that of Great Britain, but is more concise. A& three protocols provide for the imme- dffite return of all vessels seized by the blockading ships. P It is stated that the action OF Germany In asking for $340,000 instead of contenting itself with £5,600, {s due to a misunder- standing of certain Stéps in the negotiation which had been passed on by Count von Quadt before the arrival of Baron von ernber; In the original ultimatum addressed to Venezuela by the three governments 15,300 bolivars was demanded by Great Britaif and Germany and 2,500,000 bolivars by Italy. A paper was signed at the British em- bassy by the three representatives of the alltes, the British and-talien. ambassador and the German ¢Burge, Count Quadt, and by Mr. Bowen, by which the allied powers agreed to accept a cash payment, or an adequate guaranty for the eventual satis- taction of thelf claims, as a condition precedent to the raising of the blockade. Mr. Bowen offered 30 per cent of the customs receipts of Puerto Cabello and La Guayra as a guaranty for the payment “of all claims.” Later he consented to give the British government &£5,500 cash | tn view of their contention that they de- sired immediate satisfaction for outrages committed on British subjects. No objec- tion was made at the time by the Italian ambassador or the German charge. The three powers accepted the guaranty of- tered as entirely satisfactory. It 18 expected an answer will arrive here tomorrow regarding the final representa- tions made, and that the protocols will then be signed. Orders will then be dispatched to the blockading ships to withdraw from Ven- szuelan waters. Mr. Bowen tonight gave out a statement with reference to published statements that Venezuela or people in that countiy were paying him for his service here. He said: “I absolutely refused to take any fee for my services as representative of Venez- ela; but 1 agreed, as I cabled to the De- partment of State' from Venezuela and an- a0unced on the first day of my arrival here, lo ccept W0 to defray my expenses. I the same way, if by chance 1 go to The Hague 1 shall 'accept a reasonable amount for my expenses there. 1 see no reason why my expenses shouid not be paid, and [ have a good reason for not paying them myself, 1 cannot afford to do 80." Powers Will Sue Together. LONDON, Feb. 11.—Mr. Bowen's formal acceptance of the British protocol 1s nmot belleved here to be likely to hasten to any great extent the conclusion of the Venezue- lan negotiations. The allies’ ambassadors have been strictly enjolned not to sign any of the protocols until all three powers are eatisfied with the terms, when the signatures will be simultaneous. ‘When the question of separate treatment of the allies is brought before The Hague court of arbitration, the triple alllance will appear as one power, their interests being regarded as identical. Then wrose the question as to the inter- pretation of the term “all claims.” Mr. Bowen declared it meant the claims of all nations against’ Venezuela, and the allles that 1t referred exclusively to their claims. It was. then decided that the question of preferential treatment be referred to the Hague. Bowen Offers Some Mr. Bowen informed the Itelian and Ger- man representatives that he would make them the same cash payments offered Great Britain, and an agreement was signed by All concerned accepting a suficient guar- anty fn leu of the cash payment demanded. Last Friday a cable arrived from the Berlin foreign office asking about the pay- ment of the $340,000. Mr. Howen produced the signed agreement renouncing thir de- mand. subject of correspondence beteween the Germap foreign office and the German min- later, the latter urging Germany not to press the matter Tonlght the forelgn office refused to re- linquish Immediate possession of the §340,- 00 mentloued, though pressed to do so by both Baron von Sternberg and Count vom Quadt, Who feel greatly embarrassed be- :ause of the previous understanding and ihe orders which they must execute. Experts Are Testing Col PHILADELPHIA, Feb. 1L—The assay ommission appointed by ‘President Roose- 7elt to test cons in the United States mint egan today to examine specimens of the sarious colns manufactured. The colnage At the mint was comparatively small th jear and the commission will probably be through with its work by tomorrew ILIL The matter since then has been & | PRINCE GIVEN A DIVORCE Clos & Chapter in the Elopement of Crown Princess Louise with Language Teacher. DRESDEN, Feb. 11.—Crown Prince of Saxony was today granted a divorce from the former Crown Princess Louise after several doctors had furnished expert testl- mony In the ¢ The decree reads: “The ties of the mar- riage of the partles are dissolved on ac- count of the adultery of the respondent with M. Giron, a teacher of languages. The blame attaches to the respondent, who is ordered to pay the costs of the proceed- ings.” Although the speclal court declined to take {nto account the contention that the princess was deranged, this theory will be put forward in public by the Saxon court. The legend will be nourished indeed un- til, so far as Saxony s concerned, it will become historic truth. VIENNA, Feb. 11.—An interview with Dr. Zehme, the lawyer of the former Crown Princess Louise of Saxony, is published bero today. After denying that M. Giron had been pald to break off his relations with the princess, Dr. Zehme sald Giron was mainly actuated by personal vanity. The princess, he sald, was quite free at the sanitarium at Nyome, Switzerland, and was allowed to go on excursions to various places in the neighborhood. According to the Zeit, the princess would have left Giron when her brother, Arch- duke Joseph, went to Geneva in an en- or to persuade her to return, but for Mr. Bowen immediately refused to & #éuihat the French teacher threatened Simavotver. -, AUSES DISGUST “ Government May Institute Investl, tlon of Guards Regi- ment (Copyright, 1%3, by Press Publishing Co.) LONDON, Feb. 11.—(New York World Ca- blegram—Special Telegram.)—The disclo ure of flogging practices among Grenadi: Guerds' officers has evoked widesrpead amazement and disgust, and 1t Is belleved that the government, to allay public indig- ration, will volunteer an inquiry into the subject when Parliament meets. That Grepadier officers have been flogged with every circumstance the most galling to personal humiliation is not denled, but Admiral Cochrane’s statement that the punishment continued until the blood flowed is declared to be exaggerated. The system is actually justified by some tory papers and the Globe warns the gov- ernment against interfering with a practice hallowed by tradition. The Guards' offi- cers don't live in barracks ltke other regl- ments, and it is urged that some epecial means is necessary to maintain discipline among them. Extraordinary storles are now circulated as to indignities infiicted upon subalterns condemned by these {llegal regimental tribunale. BULGARIA CALLS OUT TROOPS Tarkish Soldiers Massed om Fromtler Causes Little Nation to Tarn. ' SOFIA, Bulgaria, Feb. 11.—The govern- ment s contemplating calling out two army divisions, Sofia and Philippolis, to furnish lone each. The concentration of Turkish troops on the Bulgarian frontler is given as the reason. LONDON, Feb. 12.—According to a dis- patch to the Standard this morning, the sultan is resolved to fight rather than ac- cept reforms calculated to diminish his suthority in Macedonia. The Macedonians, however, will not wait, and Turkey will almost inevitably be drawn into war with Bulgaria. VIENNA, Feb. 1l.—Dispatches from Sofia say martial law will be declared in several locations. There are rumors of conflicts between the Turks and the revolutionists, the Turks losing many men. The revolution- ists- are reported to be galning a number of recruits. OFFERS TO GIVE MONEY BACK Stey Company Attempts to Effect Settlement with Shipwrecked Excursionists. HAMILTON, Bermuda, Feb. 11.—Captain Frazer, the second officer and the pilot of the wrecked steamer Mddiana, remained by the ship all last night in a whaleboat. The vessel was pounding heavily when the tugs left here yesterday and it is feared its bot- tom is destroyed. The agents do not an- ticipate saving much of the cargo. The Quebec Steamship company hag of- fered the passengers tickets to New York and to refund the money they paid for the West Indian trip, on condition the passen- gers sign an agreement not to make claims for damage. The captaln and the second officer of Madiana were on the bridge of the steamer and the third officer was at the masthead looking for the channel light when the ves- sel struck. SUFFER FOR WANT OF SLAVES Colonists BERLIN, Feb. 11.—Major Count von Goet- zen, governor of German East Afric secretary, described the depression in the colony as being due to the abolitlon of slavery and to the diversion of the ivory | trade through the Congo State and Uganda. ,The governor added tbat he had passed a forced labor ordinance requiring the ne- tives to give twelve days' labor a year. | One-third of the proceeds went to ths chief, another third to the parish and the re- malining third to the government \ Appeal to Organispd Labor. TORONTO, Ont., Feb. 11.—The National Trades and Labor congress of Canada hi issued an appeal to organized labor to join with it in advancing the interests of Can- adian labor. The wongress is & new body arising from the action of the Dominion Trades congress in favoring international as against national unions. “The great objection to international organization in Canada,” the appeal says, “is that strikes e tomented and carried on in the United States to the disadvantage of Canadien enterprise.” To Be Succeeded by Yerkes. LONDON, Feb. 11.—At a meeting of the reholders of the London United Tram- ways company today (he chalrman, M White, announced his approaching resigna- tion and sald he would be succeeded by Charies T. Yorkes speaking today at & banquet to ihe colonfal | FEARS ~ COLOMBIAN Senator Morgan Thinks Oanal Treaty Will Precipitate Religious Btrife. COMMERCE BILL FINALLY DISPOSED OF Conference Report is Adopted and re Will Now Go to Pre for His Signature WASHINGTON, Feb. 11.—Mr. Hanna | (0.) today called up the conference report | on the department of commerce bill, which | was agreed to without debate. Mr. Morgan (Ala.) almost immediately after the opening of the session resumed | bis remarks on the statehood bill, but | branched off to dfkcuss the proposed treaty with Colombia. He referred to the con- cordat of Pope Leo IX, which constituted a i part of the organic law of Colombia, and | sald tha: the United States intended to put the heel of igneminious contempt upon it. He predicted a return of hostilities between the old church party in Colombia and the liberal party. Mr. Depew (N. Y.) spoke In opposition to the statehood bill, but cid not conclude Gives Alaska Homestead Law. A house bill was passed extending the homestead laws to Alaska. The statehood bill was then taken up and Mr. Morgan resumed his remarks in its favor. Taking up Mormon influence in politics, he referred to the election of Mr. Smoot as senator from Utah, and sald he wouid never think of opposing his entry to the senate because he was an apostle of the Mormon church, because religion was in- tended to be free and intended to be pro- tectec. Reverting to the treaty with Colombia, he sald the United States intended to put the stamp of ignominious contempt on the organic law of Colombia with respect to religious freedom and trample it under toot. ““We are treating with those people,” he sald, “with the intent and purpose of de- stroylng that law or else under such cir- cumstances as to disgrace the United States.” He asked who was to reconclle the two propositions when the Colombians con- tended for their organic religious law and the United States for its own constitution, and who would prevent a return to hostili- ties, now apparently closed, between the all-church party, who maintained those dogmas, and the liberal party, who had | be Indian agent at been fighting them in every couitry. Depew Opposes Statehood. Mr. Depew followed in opposition to the omnibus statehood bill. After speaking a short time Mr. Depew ylelded to Mr. Hanna, who called up the conference report on the department of commerce introduced yesterday, and it was agreed to. This passed the bill, which now goes to the president. Mr. Depew, continuing, said the head of the Mormon church was iu a position to say to the leaders of both political par- thes: “What will you do to protect Mormen- fsm?" 5 1t there was any fallibility in the world, he sald, it was the judgment at election time of the political leader of any party. “It that is true,” interrupied Mr. Pat- terson (Colo.), “why did the republican party two years ago make a greater bid for the Mormon vote than the democrats aar Mr. Depew explained that both parties made every possible bid, but the democrats trusted the republicans. He charged the anti-polygamy section of the statehood bill as & sham and said there had been no proposition from the democratic side to strengthen it. Mr. Teller (Colo.) sald that if a day were set for a vote the democrats would join in strengthening the provision re- terred to. Mr. Depew had mot concluded when, at 4:10, the senate went into executive ses- sion, and at adjourned. HOUSE VOTES BUILDING CASH Authorizes Extension of Capitol and Erection of Office Structure for Members. ‘WASHINGTON, Feb. 11.—The house made fair progress today with the sundry civil appropriation bill, covering elghty-six of its 160 pages. The amendments of which Mr. Cannmon (Continued on Second Page.) MORNING, FEBRUARY 1903—TEN PAGES. o = SINGLE COPY THREE CENTS. WAR ITwo NEBRASKA_A_PPOINTMENTS Register and Reeelv of Sidney Land Ofce Named by the (From a Staft WASHINGTON, Feb gram.)—The presiden! Harry E. Wadsworth ~—(Special Tele- oday nominated Lander, Wyo., to Shoshone agency, m, who is ap- allot lands in vice Captain H. G. NI pointed allotting age severalty to Shoshones Arapahoes. The president also ted James L. McIntosh to be registéfof the land office at Sidne; eb., and Rélley D. Harris re- celver at the sahe plage. The house committee o public lands ‘o- day decided to report favorably (he LIl providing for the sale 8f'dsolated tracts of the public domain. MBator Gamble se- cured the passage of thi®bill in the sonafe last week and it is ble it will got through the house also, Representative Hepburm teday introduced a bill providing that the pension of Jopa- than R. Cox be increased to 339 per wonth. The postoffice at Argo, Brookings count S. D., has been discontinued, mail to To- ronto. Harold M. Biram has been appointed a rural letter carrier at Oedlar, la Durwald Wisdom of Omaha, Neb., h beeen appointed a stenegrapher and type- | writer in the land office, Helena, Mont. The gross receipts of the Omaha pos office for January were 48,872, against $40.- | 259 for the same period last year, an in- crease of $3,713. At Des Moines the recelpts were $46.4 and $37,639 respectively, an increase of $8,833 These rural free delivery routes will be established March 2: lewa, Kiron, Craw- ford county, two routes; Area covered, fifty- four square miles; population, 1,152. South | Dakota, Big Stone, Grant county, one route; area, forty-one square Mniles; population, 500. 3 —_— SNOW STAYS UTAH TRAINS | Union FPacific Eastbound Cars Five and Six Hours Behind, Are SALT LAKE CITY, Utah, ieb. 11.—Over elght inches of snow fell in Salt Lake City today and the storm is still raging with un- abated fury. This is the heaviest snowfall | here in fourteen yea Street car traffic was almost at a standstill. The storm extended over southern Idaho, western Wyoming and northern Utah, and trains on all roads are more or less de- layed by the snow, “vhich Js reported drift- ing badly in some places. | an army fnto_existence. collected a | fresh from the womb of lberty, | and | ceptions, OGDEN, Utah, Feb. 11.—About four Jnches of snow has fallen since 3 a. m. and it is still snowing. Unlon Pacific trains going cast are five to six_hours late. EVANSVILLE, Ind., Feb. 11.—The Ohio river is stationary tonight at 89.8 feel. It will probably begin to fall by Thursday morning. The Wabash and White rivers are falling slowly. . HAZELTON, Ind., Feb. 11.—White river has been higher than for years and much corn has been lost. The loss to farmers along the Ohlo river has Lain great. - RAILWAYS VAINLY SEEK PEACE Rate Situation Between Chie Twin Oitlex 14 Sti otle. o and CHICAGO, Feb. 11.—The Record-Herald tomorrow will say: The rate situation In passenger businoss between Chicago and the Twin Cities is in a worse conditfon than it has be:p for years. The meetings which the lines have |oen holding every two weeks have utterly fi fled to secure harmony. It is thought the pres- idents may take hold and try to smooth matters out. BAUM QUITS KANSAS CITY Omaha Parties Dispose of Intercst in Irem Firm at that Point. KANSAS CITY, Feb. 11.—(Special Tele- gram.)—Alexander Massey and the Baum Iron works of Omaha have sold the Massey Iron works, located at St. Louls avenue and Santa Fe streets to C. E. Faeth of Sioux City, Ia., and the Nichols, Dean & Gregg Iron company of St. Paul. The capital stock of the company will be increased from $100,000 to $200,000 and the plant will be extensively enlarged. MORE POWER THAN KINGS American President Has Greater Authority Than Soeptered Monarchs. SHAW OUTLINES EXECUTIVE'S WORK Wages W Humb! Nations, Ac- wes Territory, Sets Up States, Brings Pence to Tro Peoples of the East. NEW YORK, Feb. 11.—Secret. | was the chief speaker at tonight's annual { dinner of the Silk Association of America. Mr. Shaw, who responded to the toast, “The President,” sald in part The president, while properly a most potent influence ‘in_the realm of legislation, is the executive. No sovereign has greater aythority and few as extensive pow:rs Think what the president has done in the last six years. I speak of the office, and not of the fncumbent. The president called | navy, then as commander-in-chief of both, suc- | cessfully prosecuted a war. Then. through his secretary of war, he took possession of Cuba, pacified its le, stood guard while a_government authorized by congrexs was | | created, a constitution adopted, an insular | congress elected Then, through his - Are you ready ‘Ave, aye, sir. and A new flag, sprung The president, through his secretary of , took control of the Philippine archi- pelago, and with such consumate wisdom the affairs of thoss tary of war, he suld and when the answer came, he replied: “Holst away, forth. atience have islands been administered that the people both weep and petition at the report that the present representative of the president is likely to return to the states. Do you charge me with having sald noth- ing of the present incumbent of that office which we Americans belleve to be the | highest ever filled by man? Then I answer. all that 1 hav the endeavor of hours per day as 80,000,000 people. 1 have only sought to exalt our ideals, but T add that the requirements of the thmes | are being as fearlessly, as censclenglously met by Theodore Roosevelt as have similar requirements of otherytimes by any of that Falaxy of great men who have preceded him and by the aid of whose wisdom and devotion we have gTown to what we are FIGHT MOVES TO TOPEKA eald tallles with the con. spirations and the earnest m who is glving eighteen the chief servant of Trainmen’s Wage Demand Will Be Fought Out with Santa Fe Rallroad. TOPEKA, Kan., Feb. 11.—P. H. Morris- sey, grand master of the tralnmen, and A. B. Garrettson, assistant grand chief of the nductors, are coming to Topeka to work with the conductors and trainmen’s committees now in the city. Mr. Morrissey and Mr. Garrettson have been in St. Louls conducting the fight for higher wages ever since the presentation of the demands. Fitty-two comimitteemen from the coast and the gulf lines of the Santa Fe lines are ‘in the city. General Managers Nick- ereon of the Santa Fe & Gulf, Wells of the Santa Fe Coast lines and Mudge of the Santa Fe system and Third Vice Pres- \dent Kendrick will be here for the con- ference tomorrow. “The wWige question will include a con- sideration of the conditins of the entire system. Whatever action the Santa Fe takes will, it 18 sald, be the model on which the roads which are yet holding out will act. ARSENAL DESTROYED BY FIRE Flames Burn $1,600,000 Worth of Mil. itary Equipment at Rock Inla; ROCK ISLAND, Til, Feb. 11.—Shop “A," the principal fssue storehouse at the Rock Island arsenal, was destroyed tonight by fire. Cavalry and infantry equipments of every description, and a million rounds of Krag- Jorgenson smokeless ammunition. were con- sumed. The contents was worth $1,600,000. TRAIN WRECK KILLS BRAKEMAN Quincy, Omaha and Kansas Passenger Derailed Near Plattsburg. City PLATTSBURG, Mo., Feb. 11.—A passen- ger tram on the Quincy, Omaha & Kansas City road was deralled mear here today, causing the death of Brakeman Fred Eaton of Milan, Mo. | the auspices of the Omaha lodge | in holding the land. Engineer Skimerhorn was badly scalded and Baggageman Henry Dean’s arms were broken. No passengers wyere hurt. PRI S—————— 4 » L N ) TAXATION OF RAILROADS FOR CITY PURPOSES B o — Opinion of Nebraska Supreme Court in State vs. Savage et al, 91 N. W., 737, What we have heretofore said with re- spect to the assessment of railroad and telegraph property, and the necessity for uniformity in valuation with property gen- erally throughout the etate, applies more particularly to assessments provided for by the general revenue laws. It is contended by the relator that the State Board of Equalization altogether falled to take fnto consideration, in placing the valuation on property by it sed, the fact that under certaln assessment laws with respect to municipal taxes in cities of the metropoli- tan class and those of the first class having a population of over 40,000 a much higher standard of valuation of property for sessment purposes prevalls than the aver- age standard obtalning gemerally in assess- ments under the provisions of the general revenue laws. It Is in evidence that in the city of Omaha, a city of the mefropoli- tan class, the standard of value in the valuation and assessment of property for municipal purposes is 40 per cent of fts market value; that in the cities of Lincoln and South Omaha, which have & population bringing them within the other class men- tioned, property is assessed for taxation for municipal purposes at its actual cash value. The laws authorizing the assessment of property in municipalities of the classes mentioned for municipal purposes provide that the properties of the railroad and other corporations Tequired to be assessed by the State Board of Equalization shall be returned for assessment for municipal pur- poses in the municipalities referred to and 1o the municipal authoritie levied thereon at the same valuation fixed by the State Board of Equalization. In respect of all other property subject to taxation 'alues are fixed by the taxing au- thorities of the respective municipalities at an assessed valuation, as hereinbefore stated. It obvious from what has just been said that the rule of uniformity is broken regarding the properties of the dif- ferent corporations required to be assessed by the State Board of Equalization when the same property at the same value is asscssed by the different municipal taxing authori- ties for municipal purposes. When all other property 1 a: ed at 40 per cent of its fair cash value in one of the municipalities mentioned, and at its full fair cash value in the other two, and the railroad and other corporate property asscssed by the State Board of Equalization s valued at one- sixth to one-tenth its full cash value, an inequality in taxation is shown to exist, which is repugnant to the most rudimentary prineiples of justice, Such inequalities are not to be wholly un- expected when laws more or less local and speclal in their application are enacted by the legislature to conform to the wishes of each municipality whose needs are sup- posed to require a law peculiar to itself. 1t there are many taxing jurisdictions operating under different laws, it is quite probable that the standard of valuation will greatly vary in different localities. It is at once apparent that the State Board of Equalization cannot in one sssessment conform to all these scveral standards, it varying; and if an attempt should be made to compromise by the ascertainment of an average standard, the rule of uniformity would be broken as to all, and would con~ form to mome. The legislation with refer. ence to the assessment of rallroad and tele- graph property by the State Board of Equal- ization was evidently enucted with the view of having all sich proeprty assessed by one assessing body at & uniform value for all property on a mileage basis, and in harmony with values as fixed for assess- ment purposes on other kinds of property on which taxes are levicd for gemeral reve- nue purposes, and such valuation appor- tioned throughout t where the lines of such corporation extend. If certain mu- nicipalities, under laws applylng only to them, assess property at & much higher ratio than that as made for all other pur- poses, It will readily be seen that the board cannot, under tbe law as it is at present constituted, conform to such valu- ation without violating the rule of uni- formity a8 (o all other property assessed for general revenue purposes. If these higher valuations obtaining in the munici- palities mentioned were taken into account in the assessment of railroad properties by the State Board of Equalization, and a higher valuation placed on such property, it would be distributed over every mile of road within the state, and but little would, therefore, be added to the valuation of the property situated in such municipalities, and subject to municipal taxes. We know of no rule by which the State Board of Equalization, under the present law, can value railroad and telegraph properties in | municipalities having taxing laws of thelr own at a uniform valuation with other property therein, when the standard of valuation is different from that prevailing under the gemeral revenue laws. Bection 6 or article ix of the constitution declares that “all munieipal corporations may be vested with authority to assess and collect taxes, but such taxes shall be uniform with respect to persons and property within the jurisdiction of the body impos- ing the same.” The ol rule of uniformity of property for municl | gatory om th | the taxing a of section 1 of the same article, which we have heretofor discussed. Whether the provisions of ]l“ requiring that the assessment as made by the State Board of Equalization shall be taken and accepted as the correct assessed valuation for taxes for municipal purposes, when'a different standard of valuation pre- | vails as to all other property, is In contra- vention with the section of the constitution quoted, we should ngt in this action, and do not, decide. It is sufficient to say that for the purpose of this case, and in de- termining the issues before us, we can con- sider only the assessment of all other property throughout the state for general revenue purposes in determining whether the fundamental law requiring uniformity 1o the valuation of property is violated. CONDITION OF THE WEATHER Vebraska—Fair and Colder ept Snow in Southwest Fair. Forecast for Thursday, E Portion; Friday Temperature at Omaha Yesterday: Ho Deg. Hour. Dex. . 8 a0 a0 . 20 . a2 . 88 a5 . a6 10 1" 12 i~ 3 5 1 3 2 az 1 gsEeszzay 80 |BISHOP 0'GORMAN IN OMAHA Distinguished Prelate Who Will Lee- tare Friday Night on Father rauette. Rt. Rev. Thomas O'Gorman, bishop of Sloux Falls, who f& to iecture on the su ject of “The Life of Father Marquette” at the Boyd theater on Friday evening under Knights of Columbus, arrived in the city last night at 9:10 o'clock and went immediately to the residence of Bishop Scannell, whose guest he will be while in the eity. Bishop O'Gorman was at Rome when the Taft commission was discussing the Phil- ippine friar land question at and took part in those discussions, were later transferred to Manila “The questions befween the church and the commission will be settled without trouble,” sald he. “I see by the press dispatches that there has been developed a new feature by reason of the attempted which | transter of certain lands by the friars to corporations, and I understand that some of the members of these corporations are to receive large fees it the friars succeed 1 do not believe that the pope will recognize these transfers, as they em to be an attempt to evade the operation of any agreement which may be reached by the commission and the church. They are apparently not bona fide and I do not helleve they will stand. “I hear from the commission and from | the authorities of the church having the | matter in charge and belleve that progress 1s being made in the direction of a pleas- ant solution of the questions of the friar lands and the religious and charitable trusts which were created during the sovereignty of Spain In the islands.” This evening at the Tler Grand Bishop O'Gorman will the guest of honor at a banquet to be givenm by the Knights of Columbus. E. W. Simeral will be the toast- master and after an address of welcome by Bishop Scannell, Bishop O'Gorman will re- spond. by the bishop are: ‘The Catholic Lay- man,” John Rush; “Catholic Knighthood, Rev. P. A. McGovern; ““The Catholic Citi- sen,” T. J. Mahoney. Preceding the ban- quet there will be a reception which will begin at 7:30, and the meal will be served at § o'clock. Admission to the theater Friday will be by invitation, and the committee of the Knights of Columbus having the matter in charge reports that all available seats have been filled and that the requests for in- vitations exceed the eapacity of the build- fox. 5 MAILLY READY FOR HIS WORK Natiomal Secretary of Soclalist Party Opens His Headquarters Omaha, Willlam Mailly, secretary of the social- ist party, who was elected to succeed Louls Greenbaum at the last meeting of the national committee of the party, ar- rived in Omaha yesterday and in a day or two will be established at the new national headquarters of the party in the Arlington | block. The records from the old office in St. Louls will have arrived by the time the office has been furnished. Mr. Mailly comes from Massachusetts, in which state he has conducted a news- paper for some time. Previous tu that he worked as a miner. He says that during the coming year the socialists will make especlal efforts to spread their doctrines in the large cities of the country, and that Omaha will hear several of the most promi- nent of thelr speakers. The #ork at natlonal headquarters will be under the direction of a committee called by the order the “local quorum," which for a year will consist of J. P. Roe of Omaha, Samuel Lovett of Aberdeen, . D.; Ernest Unterman of Girard, Kan.; George H. Turner of Kansas City, Mo., and John M. Work of Des Moines. BORING FOR OIL NEAR OMAHA Work of Putting Down Well in the Valley of the Little Papplo Begin The Omaha Petroleum, Gas and Coal com- pany's machinery on the H. G. Glissman farm nine miles southwest of Omaha, was | started with much fomality yesterday and the Initial ofl hole put down thirty-five teet In addition to members of the compary, there were present County Commiesioners Hofeldt, Harte and Connolly, County Clerk John C. Drexel, George H. Lee, H. K. Bur- Kett, Thomas J. O'Brien and F. H. Dunlop of Omaha; John Beno, W. J. McCune, A C. Kellar, W. 8. Cook: of Council Bluffs; N. West and W. B. Gilson of Denver and about 125 farmers who have become interested in the prospect for Douglas county developing into an ofl fleld. Mr. Glissman acted es host and lunch was served the visitors FUNDS FOR THE AUDITORIUM| Committee is Quietly at Hopes to Anmnounce Progress Soon. The executive committee of torlum company met last night cussed matters in relation to the comstruc- tion of the bullding. While nothing was made public as to the progress of the work, a member said: “We are not apparently making much progress, but there is a lot of quiet work going on, and you need not be surprised it $25,000 to $40,000 in sub- criptions are reported almost any day. The committee may be quiet, but it is not idle.” the Audi. of Ocean Vessels Feb, 11, At New York—Arrived Rotterdam and Boulogne Sur Mer; Trave, from Genoa, Naples, etc.: Canadian, from Liverpool, Balled: Oceanle, for Livérpool; Taurie, for Liverpool. At Liverpool—Arrived: Westernland Philadelph] Salled: Cedrie, for via Queenstown; Sohemian At~ Antwerp—Salled: Philadelphia. At Bouthamapton—Sailed: Kron Prinz Wi- helm from Bremen, for New York via Cherbourg. At Hon from San Movemen Ryndam from New York ‘for New York Bwitzerland, for Kong—Arrived: America Maru rancisco via Honolulu and Yoko- - Y'hukrbo‘:l;i;Anl:;:i:h Patricia,trom ew York vl moul r Hamburg, and procecded. the vatican, | The toasts following the response | } John N. and dis- | from | COME OUT OF COVER Lancaster Delegation Finally Shows Its Hand on Railroad Taxation. ALL BUT ONE STAND WITH THE RAILROADS Commercial Olub Members of that Oity Not Slow to Bxpress Themselves. HAD EXPECTED BETTER THINGS OF THEM Platte Oounty Member Expresses His Opinion on Revenue Bill FIGHT ON THE MERCHANDISE SALE BILL Members of the Senate of Opial the Mensure is Re anest the Ci A onded a mittes to 1t (From a Staff Correspondent.) LINCOLN, Feb. 11.—(Special Telegram.) With all but one member of the Lan- caster delegation arrayed against the propo- sition of equitable taxation of railroad terminals, the burden of responsibility for the passage of house roll 171 falls on the Douglas county delegation. Senator O'Neill Is the only Lancaster county man who did not align himself on the side of the rail- roads in this matter. The rest of the gation, ignoring the urgent appeals and d mands of thelr common constituents, placed themselveR on record as against direct tax- ation of raliroad terminals on a fair cash basis, as contemplated in house rell 171, and confirmed the popular bellef that they would, when the test came, come out in the open and show their railroad colors. They did this in spite of the pretentions for- mally made to the Lincoln commercial in- terests that they were favorable to hous roll 171, Senator O'Nefll said this morning: *T was for this method of terminal taxation at the outset; I am for it now. I did mot repudiate my convictions last night. I in- tend to be for House Roll 171 to the last.” Ten Eyck of Douglas, who introduced the bill, expressed a regret at the Lancaster men's action, saying: “We needed and relied on their help and votes The Douglas delegates this morning chafed under the insinuation that thelr espousal of this measure is so luke warm as 1o be ineffective. They assumed a de- gree of Indignation when a Lancaster man sald if they really were sincere they would go after the bill and snatch it out of the bands of the house revenue committee. Commercial ¢ Disgusted. The Commercial club of Lincoln is dis- gusted at the position of the Lancaster delegation on the question of taxing rall- road terminals for city purposes and mem- bers of the body are making no bones of ing opinfons. “We have just lald sald one member, “‘and the reason is that the Lancaster delegation refuses to help us. All we have got out of them,” he d, “was. omlge_to assist in wiping CUE Nl ward Nack 1 the. 1ty of Lincovs and nominate and elect counclimen at large. They turned us down cold on the tax ques- tion and the reason they did it is because it is a railroad delegation, clected for the benefit of the railroads, and there was no further use of us wasting any more time trylug to convince them that railroads should pay their share of the city taxos. We have shown them that while«the taxes of individuals Nave been increased, that of the railroads remain the Eame. But it does no good. They don’t want to see it." A Douglas county member tonight let the cat out of the bag In speaking of H. R. 171, “That boosting commitiee from Omaha aeed not waste its time coming down here,” he sald. “This bill is & dead one. Nothing can revive or resuscitate It." With this sort of gloom and despair per- vading the ranks of the Douglas delegation, certainly it means a stupendous fight to put this important measure on its feet In either house. Naturally Omaha's men are Jooked to champlon Omaha's interests, but if they acknowledge defeat without ~putting on their armor the fate of those intepes foreooth, is doomed. BIll Rejected, The status of impending revenue legls! tion has changed but little today. The committce has been hard at work and con- sequently has made some progress toward completing the measure. A conservative member said tonight he really belleved the bill could be introduced Monday, ns the subcommittee ought to finsh compiling it by Thursday night After all the hubbub over adopting the Kansas bill as a basie for constructing the Nebraska law it became known tonight that this has not been done. The offorts of Baldwin te force this bill on the committee and the march stolen by a mi- nority of the committee to this end, there- fore, have come to naught, except that the Kansas bill is belng used for padding pur- poses—that is, to fill in gaps—but the Ne- braska law forms the real basls. The committee simly had to reject the Kansas | Kaneas law as a foundation because it is verbose and unwieldy. In compiling the new bill the work of the various subeom- | mittees 1s being adopted in the matn, with, of course, such minor changes as & combi- nation of all the pajts may suggest or ren- der necessary. Omaha Charter Bill The Omaha charter bill, which makss a number of important changes in tho man- agement of city affairs, doubtless will be introduced in the house tomorrow. The house militia committee tonight de- cided to recommend H. R. 256, by Ten Eyck, providing for conformance of the Nebraska | militia law with that of the United States, approved January 1. The bill places the adjutant gencral on the same grade as a captain in the regular army, increasing his salary from $1,200 to $1,800 a year; makes one assistant a major at a salary of $1,200 instead of 3800, and the other a cap- tain at $1,000 instead of $80C a year. The bill in the house which provided for an increase of §] for votarial commissions, which was amended to not increase the fee, | will likely have rough sailing in the senate. the the From comes office of the secrctary of state argument that the fee should | be changed to $2 and that this would put between $700 and $800 in the state treasury every year and not work a hardship on any one. “A person who is will.cg to pay $1 for a commission,” sald an attache of the retary's office, “would readily pay $2 and not be overcharged, either. No person is allowed to do business as cheaply as he who is allowed to become a notary. Just think of it, he gets a commission authoris- ing him to do business for six years and only pays §1 for it.” One senator at least bas teken up the matter and will make & fight for the original bill Way Talks on Hevenue, se During the discussion of the bill provid- ing for the calling of & constitutional coa~