Omaha Daily Bee Newspaper, February 25, 1903, Page 1

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THE OMAHA DAILY BEE. ESTABLISHED J v OMAHA, WEDNESDAY MORNING, FEBRUARY 1908—TEN PAGES ax 25, SINGLE COPrY ITHREE OCENTS. STATEHOOD IS DEAD Friends of Torritorial Olaims Agree to Practioally End the Fight. WILL WITHDRAW APPROPRIATION RIDERS Omn{bus Measure May, However, Still Be Discussed in the Renate. DEMOCRATS PRECIPITATE FINAL DOOM Decide Not to Support Oompromise Bug- gested by Republicans. ' THINK TWO STATES WORSE THAN NONE Hold Difficultien Attending Question Such that It Were Better to Wait Fresh Opportunity to Perm- anently Settle Question. WASHINGTON, Feb, 24—It has been agreed to withdraw the omnibus statehood bill as an amendment to the postoffice and agricultural bills. The omnibus biil will be kept before the senate, but not to nterfere with appropriation bllls, and may conse- quently be looked upon as lost to this ses- slon. The order of business for the remainder of the session has been definitely decided. Appropriation bills will be given the right way and the Panama canal treaty will be considered while the appropriation bills are in conference. There will be an effort made to get through other bills, including Senator Aldrich's bond deposit bill. Notice of the withdrawal of the state- hood rider from the appropriation bills will be given tomorrow. The democratic senatorial caucus has re- dected the two-state proposition for the admission of new states offered by the re- ublicans, Speeches were made by Senators Clay, $accn, Teller, Dubols, Simmons, Foster (La.), Bate, Morgan, Pettus and others. All took positive grounds against the com- promise proposition and several of thewn spoke emphatically against the proposition to put the statehood bill on any of the ap- propriation bills as a ridef. At the same ¥:me they favored placing the future course #1 the party with reference to the state- hdpd bill as such and also as a rider, in the ds of the democratic members of the colymittee on postoffices. Demoerats Give Reasons. “ A démocratic senator who is a member of the committea on territories on being asked the reasons for rejecting the compromise proposition wrote the following, which, after submitting to several of his col- leagues, he gave out for publication: emocratic cancus rejected the pro- posed %o-m ‘atenood bill for 'the Tollowing ny 1. When Arizona and New Mexico were made territories their areas were estab- ultimate statehood purposes, and terests and tations of the the two territories haye been in LW alates. s . - . “be gross injustice to the people them In one stata. Irom as raf s may be bullt, it id be 1,700 miles &cross them. The pro- posed_states would, be as large as Texas and Texas is too large for its convenient government. feel that the repub- 3, Many democrat lean fight for statehood has not been sin- cere, they having used the statehood bill an o buffer to prevent trust discussion and legislation. For democrats now, having stood wlmost & solld body for the admis- sion of the three territories, to accept the proposed consolidation would be to have played Into the hands of the republican trust_cabal. 4. The people of Arizona are unanimously opposed to consolldation with New Mexico, and the people of both the territories should be consulted. 5. The provisions in the consolidation bill for ultimate separate statehood are a snare. The fil’lenluogl of separation Into two slutes must submitted to the voters of the entire state, and experience has taught that after the Interests of any area have been consolidated as & single state a ma- Jority cannot be secured for separation. 6. The democrats have stood for the state- hood bill as it the house. They be. lieve that each is entitled to statehood and they have stood loyally by the repub- lican minority In their efforts to give them statehood, but they will not inflict the injustice ‘that probably never can be re- aired of forcing the people of the two erritories info a state so large that It would forever continue a burden fthey should not bear After the adjournment of the caucus the | democratic members of that committee on postoffices met the republican members of that committee who have been friendly to statehood. They decided to ask the chair- man of the two committees on postofiices and agriculture to withdraw the statebood riders which the committees have placed on two appropriation bills. They also de- cided to continue the fight for the omnibus bill as it came from the house without amendment, but not Lo antagonize appro- priation bills or executive business with it. The republicans have decided to present thelr compromise bill to the senate. The indications are strong that the ques- tion will receive little if any more con- sideration during the session, and even the best friends of statehood generally admit that there is no chance for success at this time, Sundry Civil BiLL The senate committee on appropriations today concluded its consideration of the sundry eivil appropriation bil. The com- mittee recommends Increases over the ap- propriations made by the bill as it passed the house amounting to $3,279,701, bring- ing the total up to $53,279,650. The follow- ing are the principal items of increase Quarantine stations, $65,000; light heuses, beacons sud fog sigoals, $1,175,100; reve- nue cutter service, $360,000; for payment to Queen Lilioukalani of Hawaii, $200,000; ar- mories and arsenals, ; for military posts, §760,000 homes, $126,500; beginning of new buildings for the Agri- cultural department, $250,000. The committee struck out the house ap- propriation of $600,000 for the extenslon of the capital, and that of $750,000 for the construetion of an office building for the members of the house of representatives, together with the provisions for the com- pletion of these works at a total cost of $2,500,000 for the capitol, and $3,100,000 for | the office: bulldings, exclusive of the site. The following is the text of the pro- vision for payment to Lilloukalani For payment to ILilloukalani, formerly queen of the kingdom of Hawalt, in fuil satisfaction and discharge of all claims legal and equitable, §$200.000; and no part of this sum shall be paid by the United States 1o attorneys or agents but the treasury warrant for sald sum shall' be issued to sald Ldlioukalan! and shall be delivered to her in person upon her personal recelpt for the same. Food Products Are Exempted. A cablegram from United States Minister Harte at Bogota, dated February 1, but only received today at the state depart ment, savs In gonsequence of the scarcity the C)- lombian government has issued a decree exempting from (mport duties lard, sugsr, flour, butter and vegetable produc in belr natural state and without preparation. FREED TRAINS AGAINA STALLED Blocks Newfoundland Which Were Only Re- le Suow Cars, ed on Monday. ST. JOHNS, N. F., Feb. 24.—The belated | express trains are again snowbound One after making sixty miles in the di- rection of St. Johns yesterday found fur- ther progress Iimpossible and was sen back Lon miles to a divisional point where supplies of food and coal ere stored. The other, on the western side of the plateau in the middie interior, was unable to re- treat to the Bay of Islands. A working train with two engines and ffty men, car- rying a month’s provisions, started last night to attempt to cut it clear and keep those aboard in provisions. Meanwhile the other sections of the road are also blockaded, but as no trains are moving on them there is no cause for anxfety except in the fact that the greater part of the island is cut oft from St. Johns. The first mail into the colony for nearly a fortnight, consisting of 400 bags of Brit- ish, United States and Canadian mall, reached here tonight by the Steamer Di mara from Halifax. The mails lay at Sid- ney for a week awaiting the steamer Bruce, which, however, was frozen in the floes in the gulf of St. Lawrence. They by the Damara. THEATER FOR MISS DUNCAN Califor Dancer Takes the People of Berlin with a Perfect Storm. BERLIN, Feb. 24.—Isadora Duncan, the California dancer, has been supplied with $250,000 by subscriptions from her ad- called by her name. Extornally it will be in the style of a Greek temple and the interior will be Greek. The theater will be devoted occa- sionally to Miss Duncan's damcing and at other times to the reproduction of Greek plays and concerts. The dancing of Miss Duncan has so at- tracted the Berlin house that the prices | charged for admission to her performances are as high as those of Coquelin and Mme. Bernhardt. The academiclans have arranged for reduced prices to art students, Herr von Werner, president of the Ber- lin Artists’ soclety, has written a letter | retusing to accept such privileges and al- leging that he is not willing to encourage “immorality.”” Countess von Buelow, wife of the imperial chancellor, and Countess von Thiele-Winckler, wife of one of the leading financiers of Germany, are among Miss Duncan’s patronesses. UNIFORMED BANDITS San Miguel Escupes to Mou When American Troops Take War Path. FLEE MANILA, Feb. 24.—General San Miguel's force of insurgent ladrones has abandoned Montalbar, sixteen miles from here, and probably fled to the Morong mountalus. ‘Reparts_{rom Bososco indicate the pres- nce of ladrones in that vicinity. Reinfot ements for the = government reached Montalban too late and failed to overtake the fleeing bandits. San Miguel has about 300 mea with him. It is not belleved that they can subsist for any length of time in the mountains. The gov- ernment is preparing to occupy the valleys and passes and force San Miguel to fight or disband his followers. Detachments of constabulary and scouts encountered bands of the enemy on Satur- day and a series of ekirmishes ensued. The government forces were victorious. San Miguel has issued a manifesto in- structing his followers to avold confiict with the Americans and to content them- selves with harassing the police. CUBA COMMEMORATES REVOLT Carnival Climax Fal on Birth- day of Last Rising Against Spanish Rule, HAVANA, Feb. 24.—The elghth anni- versary of the uprising which marked the beginning of the Cuban re:olution was celebrated in Havana today. The day was also the elimax of the carnival season, rain baving previously Interfered with the fes- tivities. Business was suspended and the streets end bulldings were everywhere decorated with flags. Salutes were fired by the forts and the newly presented flags were holsted on Morro castle. This afternoon a lengthy procession of vehicles wound around the prado and Cen- tral park, carrying revellers, masked and otherwise, belonging to all grades of so- pentines until the horses and vehicles, the fronts of the clubs and hotels and some residences were multi-colored. The sport continued until late tonight. BURNING HILL VOMITS STONE Mexie Voleano Spouts Forth Flames and Large Sized Rock violent eruption lust Saturday of the vol- cano of Colima Is confirmed. This voleano has been in eruption frequently during recent years. The eruption of Saturday afternoon was | violent and startling and much alarm was felt. At first it was believed that the top of the mountain had been blown off. Stones of great size were ejected and flames shot high into the sky. {and finely pulverized rock began to fall This glarmed the inhabitants, who feared being ‘buried under the debris. Today's advices report the volcano as quiet, but it is feared it may burst forth agaln. Accepts In Conditlonally. LONDON, Feb. 24.—Lindsay Russell and a committee of the Pilgrims’ club called on the commander-in-chief, Lord Robert day In behalf of the Pilgrims’ club of ) York, which proposes to give a dinner in the latter's honor on his arrival at New | York in the autumn. Lord Roberts' plans | are uncertain, but he accepted the Invita- clated the honor which it was proposed to | confer upon him. | Employment for the Finns, ST. PETERSBURG, Feb. 24.—The czar bas ordered the immediate construction of proposed Idensalmi-Kayana ratiroad, so as to give employment to the Finns, who are suffering from famine. Russo-Pers ST. PETERSBURG, Feb. Pers.an bank Is being with breoches at Moscow, Tiflis, Baku, Erivan, Tabriz and Teberan, fee | were then sent to Halifax and brought here | mirers with which to build a theater to be | clety, who pelted one another with ser- | MEXICO CITY, Feb. 24.—The news of a | The showers of ashes | | tion conditionally and said he much appre- | (ONGRESS GAINS POWER Court Holds that All Interstate Oommerce May Be Staved at Will ANTI-TRUST POSSIBILITIES ENLARGES n Sees Chance to Press s Which May Cripple Il- sombines 1f Further | s Necessary. | WASHINGTON, Feq24.—The decision In | the lottery case has occasioned considerable | comment in Washington. Members of the | administration assert that the majority of | the court has tully sustalned the contention | | that the Sherman anti-trust law did not exhaust the constitutional power of the | tederal government over commeree. | A gentleman prominent in the administra- tion said today: | “The decision clearly sustains the con- | tention of the government. No important | proposition in the government's brief was rejected. The plenary and absolute power of: congress to prohibit any form of trafic, when it deems such traffic hostile to the public Interests, is clearly sustained. “It must be remembered In this connec- tion that prior to the president's speech of last summer many thoughtful men were of the opinion that the Sherman anti-trust law marked the limit of the federal power with reference to unlawful combinations. The president challenged this contention. “The facts In the lottery cases did not directly on this question, but the trend of his reasoning clearly indicates that con- | gress may exclude from Interstate traflic any commodity deemed by it prejudicial to the public welfare, and that its moves are beyond Judiclal inquiry. ““Under the decision such exclusion Is not | necessarily limited to articles of commerce | which were previously regarded as Innocu- ous. Such was the public view of lottery tickets less than a century ago, and Justice Harlan says in effect that congress could prohibit absolutely interstate traffic in in- toxicating liquors If it deemed it advisable. “The logical effect of thi is that con- | gress has the absolute right to say when { commerce in any given commodity shall be free or prohibited, and it would follow that between these extremes it can permit such commerce upon conditions which it may im- pose to conserve the public interest neither the conditions nor the motives that actuate them can be reviewed by the ju- dictary court.” Refuses to Fire Postmaster. The administration’s policy to give the veterans preference in office, other things being equal, is reiterated In the followink letter, which Postmaster Payne has sent toa "Ple!nll‘l‘Vfl in congress: Referring to our interview of this morn- ing regarding the appointment of a post- master, at and to i’flur request that Mr, be appointed, beg to say t. the records of the department show that the present postmaster has an excellent record as an official. He has made a most capable and satisfactory postmaster, both a8 to his relations with the department and the putrons of the afice.” He'ls & Ve oF the civil war..w .M% ord as u soldler, It ia the wish of t resident to reta in the service old sol- lers who have made good public oMcial and against whom no charges of miscon- duct have been preferred, as Is the case in this instance. le Grand Army of the Re- public veterans residing in ——— have en- tered A protest ugailnst Mr, ——'s (th» present postmarter) displacement. Under these circumstances we are not disposed to make a change in the office named. P. C. PAYNE, Postmaster General. Four Generals Hetire. The following officers, promoted re- day were Tetired: Tully McCrea, Bli L. Huggins, G. F. Goodale and Morris C. Foote. All of ‘them served in the clvil all except General McCrea, who was a West Pointer, entered as privates In the volunteer service. Temperance Gift Not Profaned. A recent statement that a Women's Christian Temperance assoeiation gift to Mrs. Hayes 1s now owned by a Washington loonkeeper was incorrect. that a sldeboard was given the late mis- tress of the White House to commemorate her action in banishing wine from tme president’s table and sold to a liquor dealer at the recent Jewish sale. Colonel Bingham has Investigated the | matter and finds no one had ever given Mrs. Hayes a sldeboard at all. ‘Western Postmasters Appointed. The senate in executive session today confirmed the following appointments: Postmasters: Kai | chen, Garden City; K. Cochran, Pratt; Charles W. Davis, Conway Springs lsaac 8. Coe, LaHarpe. Missourl—Frank L. Wilson, Bowling Green; Willlam L. H. Silliman, Clark ville; Charles A. Alger, Hannibal; W. W. Wagner, Jefferson City; Troy L, Crane, Lees Summit; Thomas J. C. Fagg, Louls- fana. Kit- Coaling ons Assured. President Roosevelt has signed the agree- ment drawn under the terms of the Platt | amendment providing for the acquisition by the United States of a naval station at Guantanamo and a coaling station at Bahla | Honda, both in Cuba. The document had been by President Palma and Washington by Minister Squiers. It does Dot specify the price of the properties to be acquired by the United States and this { detall fs left to be settled by the usual legal condemnatory avy department has decided exactly the amount of land it wishes at each place. Miller J | Melville W. Miller of Indiana will be ap- pointed to succeed Frank L. Campbell as | assistant secretary of the Interior, and Mr. Campbell will take the position of as- sistant attorney gencral of Interfor de- partmont just vacated by Judge Willis Van- deventer. previously signed was brought to ns Interfor Department. | | | Cabinet Considers Canal Ques: Discussion of the Panama canal situation consumed a large portion of the time o President Roosevelt and the cabinet at to- | day's meeting. Just prior to the meeting Attorney General Knox had a conference with Attorney Cromwell, who represents the Panama Canal company in this coun- | | try. The detalls of the conference were | not_disclosed | The matter was brought to the cabinet's | attention by Mr. Knox. It 1s understood that a veply has been received through Mr. Cromwell to the communicetion recently | made to the Panama Canal company through | the attorney general, but it is understood that the reply is such only as to keep alive the negotiations now pending with respect {to the option this government holds on | the eanal company’s property. The subject | was discussed thoroughly by the cabinet { but at the conclusion of the meeting It wa stated that no information could be made (Continued o8 Second Page.) quire Justice Harlan to express any opinion | cently to the rank of brigadler general, to- | war and | It was alleged | proceedings after the | PEARSE TALKS TO EDUCATORS' Omaha Man Takes Prominent Part in Natlonal Association's Congress, CINCINNATI, 0., Feb. 24.—The depart- ment of superintendents of the National Educational assocfation met here tolay, with representatives from afl the states and cities, for a session of three days. In addition to the superintendents of in- struction in cities, Dr. W. G Harris, United States commissioner of education many state school cominissioners, college presidents and professors are here. Charles W. Ellot, president ot Harvard college and also president of the National Bducationil association, speaks tomorrow | night on “How to Utilize Fully the Plant of | a Clty School System.” At different halls the National Socloty for Se.cntific Study, the Natlonal Educational Press assocla- tion, the National Assoclation of College Teachers cnd kindred organizations will aleo be in session here this week Over 1,000 delegates were present at the | opening session this morning. | Meesrs. Lord, Charleston, | Grand Rapids; Bonebrak Stevens, Sioux Clty, la.; and Easton, Orleans, were appointed a committee nominate officers for the ensuing year Messrs. Soldon, St. Louls; Harvey, Wis- [ constas Pearse, Omana, Chalmers, Toledo, | 1iL; ENison, Columbu: to and Whitcomb, Lowell, Mass, were ap- pointed a committee on resolution. | | Among those participating in the dis- | | cussions in the afternoon, were Solden of | | St. Louls, Pearse of Omaha, John Riche- son of East St. Louis, E. W. Coy of Cin-| | cinnat!, and Bdwin G. Cooley of Chicago. Dr. DeGarmo of Cornell dissented trom the | views of Superintendent F. Lewls Soldon | of St. Louis regarding high school teachers not studying methods as muen as the cle- | mentary teachers. | A brilliant public reception was glven the educators in the chamber of commerce | after the afternoon session, and a concert | preceded the address of Richard G. Moul- | ton, professor of English literature in the | University of Chicago, on *“The Revelation | of St. John from o Literary Point of View." SPLIT SCIENTIFIC SECTIONS Arrange Monster Com- Subdivided Over Hun- dred Times. NEW YORK, Feb, 24.—One of the fea- | tures of the Louisiana Purchase exposition | at St. Louls next year is to be the World's Congress of Science and Arts. This con- gress will differ from those previously held at world’s fairs in that instead of com- prising a. great uumber of independent | bodles of men there will be but u single congress, which, hawever, will be divided and. subdiyided as necessay in order that | every branch of pure and applied science may be duly represented. | Prof. Simon Newcomb of Washington, D. C., bas been designated as president of | the congress and Prof: Hugo Munsterberg of Harvard and Albion W. Small of the University of Chicago, & vice president. These three men have beem required to ect by an organizing: committee, Wwhich met yesterday,in New ”&;&u ‘cormit- tee, after a two da , which was attended by Dr. N. M. Butler of Columbia and Mr. John Schroers, a director of the St. Louis exposition, adjourned today, after completing the program. According to this program, it is expected that the addresses to be delivered in the | congress will be prepared by the most cminent men of the world in their re- spective branches The date for the general meeting of the congress has been fixed for Monday, Sep- tember 19, 1904. In the afternoon the con- gress will subdivide into seven grand aivi- | slons. On Tuesday these divisions will be | | turther sutdivided into twenty-five de- | partments, sixteen of which, relating to | | pure science, will meet in the forenoon, and nine, concerned with applied sclences, in the afternoon. On the four remaining days of the weeks the zrand divisions vill be still subdivided | into about 130 sections, of which each will | hold a single meeting on some one of the | days. RIGHTS OF STOCKHOLDERS Court Renders Two Important Deei-| sions Respecting the Examina- | tion of Books of Corporations, TRENTO . Feb. 24.—The eupreme | court today rendered an important decision ! respecting the rights of stockholders to ex: amine books of corporations organized un- | der the laws of this state. The case decided was that of O'Hara | against the Natlonal Biscuit company. O'Hara as a stockholder of the company ! made application to the registered agent in this state for the purpose of exam!ning | the list of stockholders to ascertain whether stock was owned by a certain per- son in Ohlo, against whom he had a claim. The right to examine the books was dé- nled and O'Hara sued out a writ of man- | damus, relying upon the thirty-third sec- | tion of the general corporation act which provides that the books shall be open to | inspection during business hours to every | stockholder. Today's opinion holds that the provision |in the thirty-third section is limited by ! the title of the act of 1525 and that a man- ‘dlmm‘ can only be obtained at the disere | tion of the court where the relator shows | that the rights he sceks to enforce are | germane bis status as a_stockholder. | In consequence of these views the court denied the applic: n |BOY SLAYS WHOLE FAMILYi Mo | | to her, her, Sin Deed and Com- » i Robbers | mits Sulclde, | | ™ | FRANKFORT, Ind., Feb. 24.—Earl Woods, | (he 17-year-old son of a farmer liv | miles west of this city, this afternoon killed | | his father, shot and probably fatally wounded his mother sister and then committed suicide After the shooting to the home of a neighbor and said robbers had entered the Woo home and killed hie father, mother and sister and that he ped after a running battle with the des- poradoes. He was apparently greatly ex- { clted and sald he was organizing a posse | to pursue bis father's s'ayers. The boy con- tinued on his way toward this eity and, | stopping at the mext house, told the same | | story. After he was questioned concerning | | the shooting he became confused and re- sented the inquisitiveness of the farmer to whom he had told the story. Young Woods said he had no time for further words, as he had to run down the robbers, and started toward the barn yard at the farmer's home. After be disappeared a shot | was beard and the youthful murderer wa. | found dying with & bullet through b | | breast. g seven | aud young man went |e [ o¢ ‘the Uni { court, | Sewer ma | School CLiY COUNCIL PROCEEDINGS Levy Ordinance Passed as Recommended by the Finanoe Committee. NO ALLOWANCE FOR ENJOINED TAXES General asd or- Electric Franchi Works Parel nees Are Passed—Re- port on Co Water a Much business of importance was done by the city council last night. The annual levy for 1903 was made on a total rate of 8.75 mills, the “open door” electric priv- ilege franchise ordinance in connection with power to be generated by water was | adopted, and the ordinance making a pre- liminary move toward the acquirement ot | the water works was read for the third time and passed. cll were present. The levy for 1303 was arranged by the finance committee, after the entire council All membere of the coun- { had consulted in committee meeting during the afternoon. The ordinance adopted for | the purpose of raising city taxes includes a total of 645 mills, while school board, as requested by that body, calls for 23 mills. This levy is made as though the total assessment of $129,233,735, as returned by the city Board of Equaliza- tion, was allowed to stand. As a matter of fact, $23 0 will be deducted from the sum levied on, leaving $105, ussessed valuation for the pre Why the Difference. The difference is caused by the fact that that for the |l!\r Union Pacific and Burlirgton railroads have sccured a temporary restraining order preventing their assessments as made by the city from being included in the total assessment. They did this because the ue was increased many times over that made by the State Board of Equalization. The city council, in taking the action it did last night. followed explicitly the course advocated by City Attorney Connell and J H, McIntosh. The members refused to in- clude in the total the assessments returned by the state board for the railroads, and acted on the theory that in time taxes on the rallway property will be realized by a supplemental levy, to be made when the courts authorize the independent assess- ment of rallway property that has been made. tically as though no restraining order had been Issued. The rate is the same, but when it comes to realizing the taxes, each fund will be from one-fifth to one-sixth less than it would have been had not these assessments been held up. Had the city | made the levy rate high enough to pro- duce all that was required on the reduced total assessment, it would have filled many funds to the conatitutional limit. The op- portunity for later levying upon and col- lecting the rallway taxes, would be lost, in the opinion of the attorneys. Hold Onto the R The annual levy ordinance is composed of sections, each section making proviston for a certaln number of mills levied to create m specified fund. There mre four- téen of these sections. “To c.auible the eity to retain it~ grasp on the raflway assess- ments in litigation the following section, as a general amendment to the other sec- tion, was attached to the ordinance: Section 15-The annual levy of taxes for the city of Omaha for the year 1%, as made oy this erdinance, does not and shall not apply or relate to any rallroad property jon Pacific Railroad company, or the Chicago, Burlington & Quincy Raflway company, covered by the item of $14,583,26), and the ftem of $1,011,40 respectively, gainst the Unlon Pacific Railroad com’ pan: tivel of page 541 of the pe ment book No. 1 of the 1903 cit assessment, and the 2 against the Chicago, Burlington & Quinc, Rallway company, the Burlington & Mis- sourf River Railroad company in Nebraska. the Omaha & Southwestern Rullroud com pany and the Omaha & North Platte Rall road company at lines 1, 2, 3 and 4 of pag: 396 of the personal issessment book No. 1 of the 1903 city of Omaha assessment. But by reason of the restraining orders and orders of Injunction made, allowed and is- sued by the Hon. W. H. Munger, judge of the eircuit court of the United Statee for the district of Nebraska, in the case of ths Chicago, Burlington & Quincy Rallwa, Company against Fleming et al., Docket b, No. 102 of the reccrds of sald court, and in the case of the Union Pacific Rallroad Company against the City of Omaha et al Docket 5, No. 103 of the records of s no levy whatever is now made on the sald property of sald railroad com- panfes, but the right hercafter to make or correct any assessment of said property (o the extent that the eame may awfully and properly be made or cor- rected Is hereby reserved, and the right to make the annual levy of taxes for the oity | of Omaha for the year 1% on ald rallroad property is also hereby roserved for such action by supplemental levy and for such actiun| upon such assessment as may be hereafter declared and determined to be proper and ,awful. What Will Be Ralsed. Following is shown the funds, mill rate and amount that would have been produced on the total assessment as made by the | Boara of Equalization: Levy, Amount Ralscd. $222,282 Sinkin ; 139,018 Judgment Library Pollce A intafnance Park . idghting Health Street cleaning % ‘urblng, gutter and paving.. Follow!ng is shown the funds, mill rate and amount that will be produced on the assessment as {t now stands, minus that of the railroads Amount Ralsed. $181,934 inkls 162 991 Judgu i ¥ *ark ighting Health Street cieaning Curbing, gutter and paving Vote Down Ine When the time came to adopt the levy ordinance Councilmen Lobeck, Hoye, Trost- ler and Zimman thought that one-fourth of | mill should be added to the general fund levy in order to produce the constl- tutional limit. The other counclimen op- posed them. Councilman Lobeck made a speech In which he declared that the gen- | eral fund had been skimped last year and that more money should be apportioned in order to take proper care of the streets and street crossings. After his (mend- ment to Increase the general fund levy had been defeated he made an effort to have the park fund raised $5,000, which like- wise was put out of existence by the ma- jority. The fnal vote on the ordinance wi unanimous. Adop The electric {rancaise ordinance seemed to comc as & surprise, although its f.iends and toes both knew tbat the majority had Gene Electric Franehise. T (Continued on Fifth Pags.) Therefore, the levy was made prac- | Lppearing at lines 3 and 5§ respec- | railroad | CONDITION OF THE WEATHER Forecast for Nebraska—Rain Snow Wednesday; Thursday Falr. or re at Omaha Yesterday: Dex. Hour. Des. 28 . ar p. m. as ». . a0 ». ar P a8 a4 aa a2 a2 Tempera Hour, » p DROP DOWN AN ELEVATOR Unraly Lift in Paxton Block Gives Passenge vere Shak- ing U Four people fell with an elevator in the Paxton block from the third floor into the basement Tuesday evening. Those who were in the elevator at the time the accl- dent happened were: R, H. Shewan, night engineer of the building; escaped with slight shock. Miss Anna Mack, suffered severe shock and may have sustained {nternal injuries. E. A. Dworak, 111 North Twentleth street; received slight bruises. Axel Lund, elevator boy; head and may be injured internally The actident happened about 9 o'clock, while the car was traveling between the second. and third floors. Previous (o start- ing upon the trip the engineer and the ele- vator boy inspected the lift, it Is said, owing to slight defects which had been | noticed in the running ef the carriage. After they had completed their investiga- tion Miss Mack and Mr. Dworak entered the elevator. When the cage started on its upward trip it proved somewhat trouble- tome, and while between the second and third floors stopped. Without warning it suddenly shot into the basement. No reason Is assigned for the accident The safety rachets with which the car is supplied are sald to have failed to work when the cage dropped. At the time of the accident five more passengers were walting on the third floor to be lowered to the lobby. FEVER PASSES ITS CRISIS State Commissioner of Health Claimws Typhold Wil Abate. Injured Ithaca ITHACA, N. Feb. 24.—Dr. Danfel Lewls, state commissioner of health, ar- rived here today to investigate the typhold tever situation. Tonight he addressed a mass meeting of citizens and said an examination of Ithaca water had shown it to be contaminated and he belleved the water was the cause of the epldemiec. lils investigation showed, however, that the situation was not as serious as is gen- erally supposed, there being only between fifty and 100 serlous cases in the city, while the highest period of fatality bad been reached. Dr. Lewis gave it as his opinion that there was no reason why the present water supply could not with proper care be made pure. One Aeath was reeqrded today and se eral mew cases, among them two Cornell students. N. P. MERGER CASE REACTS Alleged Broker, Suspended by New York Exchange. Peter Powers, [0 NEW YORK, Feb. 24.—Camille Weiden- feld, a member of the stock exchange, was | today suspended for one year. The exact character of the ‘“‘charges and | specifications” against Mr. Weldenfeld were not disclosed, but it was accepted ns | a matter of fact that he was regarded as | the author and Instigator of the Peter Power merger sults, and that the brokers | belleved these sults to have been con- | celved in bad faith. ] Following the decision Mr. entered suit for $500,000 dam Weldenfeld o NG STARTS PASE WAR e Colored Man Wounds White n Negroes Are All Ordered Out of Town. isnoon Bee INDIANA, 24.—Ten days ago | Sterling Atken, a negro, shot and wounded | Walton Thomas, a bookkeeper of Webrun. | Alken escaped, but, the Webrun residents | ordered all the negroes in the town, abut twenty, to leave the neighborhood. Falling to comply, after repeated re. | quests, the white residents yesterday a tacked the negro shacks with ropes pnd | poles and pulled them down. The negroes ! then took their belongings and boarded a "rr‘luhl trailv for Votondale | THOUSAND SHOTS SLAY BLACK 1 Mob Wreaks Vengeance on { Negro Who Insulted White Woman. GRIFFIN, Ga., Feb. 24—Willlam Fam- | bro, a negro, was shot to death on the out. skirts of this city last night by a mob of men, who fired on his house. Fambro's , who was in the house, escaped in- | The negro some time ago was arrested [on a charge of insulting & white woman {and sentenced to a term In the county { chain gang. His fine was afterwards pald |by his employer. Over 1,000 shots were | sent into the building béefore the mob re- | treated. [MAY DEPORT SOLE SURVIVOR % Send Only Living Witness nt Pelec's Eruption to Ellls Island. NEW YORK, Feb. 24.—The man supposed to be the sole survivor of the St. Pierre disaster was a passenger by the steamer | Fontabelle, which arrived today from the | West Indies. He is Jose Sibarice, & negro, aged 27, a native of Martinique. He was a prisoner in the dungeon of S8t. Pierrc when the ill- tated eity was destroyed by the eruption of | Mont Pelee. He was taken to Eilis fsland Movements of Ocean Vessel At New York—Arrived—Kroonland, from Antwerp; Cymric, from Liverpool. Salled “Kron Pring Wilhelm, for Bremen At Alglers — Arrived — Commonwealth, trom Boston, for Genoa. Naples and Alex- andria At Bremen—Arrived—Zeltin, york At Liverpool-Salled—Saxonla, ton, via_Queenstown. Al Yokohama--Salled—Plelades, from Hong Kong. etc. for Seattle and Tacom: At Naples—Salled—Phoentola, for New York At Sydney. N 8. W from Ban Francisco Auckian AL Antwerp—Arrived—Finland, trom New York, Feb, 24. from New for Hos- -Arrived—Ventura via Honolulu and legislature. FUSION IN BAD WAY Party Reprosentatives in Legislature Fail to Mix Oampaign Medioine. HOPELESSLY DIVIDED AND IMPATIENT Lacking in Effective Leadership in Both Branches of the Legislature, LOOMIS OF DODGE IS A DISAPPOINTMENT Party Managers from Over the State Oom- ing to Brace Members Up, BILL WHICH CUTS OFF A SOFT SNAP It It Becomes m Law Clerk of the Supreme Court Will Cease to Be Sought After by Pol- (From a Staft Correspondent.) LINCOLN, Feb. 24.—(Special.)—There blood on the moon. Fusion in Nebraska is rent In twaln. Internal dissession relgns and reconciliation is almost despaired of. Revenue revison, political groediness and coarse inconsistency have wrought th trouble. Like a lot of shipwrecked mari- ners, grasping at every straw in the vain hope of eaving thoir lives, these politiclans are floundering about in a political sea of despair. Without leader, organization or visible means of support—within them- sclves, they present a most ludicrous spectacle. The democrats and populists in the Ne- braska legislature, of whom there are twenty-four {n the house and four in the senate, started out under the party orders to conduct a campaign of negation through- out the session, to seek out the popular side of every question as against the side of the corporations and moneyed interests and identify themselves with and champlon that side. This obviously was for the pur- pose of making campaign buncombe with which it was the hope to drag Nebraska back into the mire of fusionism at the next general election. The fusionists were to be the ultra-revisionists of the legislature, since it was apparent to & blind man that the overwhelming majority of the people of Nebraska wanted revenue revision. Then, as was shown by the Democratie State Editorfal association's action at Grand Island, the fusionists were expected to take what seemed to be the popular side of the railrond terminal taxation question. They were urged by strong resolutions to support the demand from Omaha and Lin- coln for a law enabling municipalities to levy a direct tax on the terminals of the raflroads within thelr corporate limits. And the general attitude of the fusionist up to a few days ago, gave the {mpression that these instructions would be heeded. ¥usionists Up In the Alr. The whole upshot was that the fusioniet managers out in the state knew that the republieans, belng o gegatly™ in the ma- Jjority, could not hope to maintain a sold front on every important question and by keeping their forces on the side which promised most political advantage, 1% wi hoped to be able to to the people the end of the legislative session that the republicans are responsible for all the bad laws. But this utopian dream iz now moth- ing but a miserablc nightmare and the tusionists are all “up in the &ir Loomis of Dodge was crowned with the perfunctory honor of floor leader of the house for the fusionists when they nom- inated himfor speaker. It was supposed that Mr. Loomis would make an aggressive and fearless leader ard that under his command the rest of the little band would be able to keep up quite a racket through- out the session. But they have been the most peaceful lot ever. Loomis has laid down es a leader. He was on the joint revenue committee and had a part in intro- ducing the bill which the high priests of fusionism in this state already have dubbed as a radical railroad measure, impossible of the Lenefits which the people hoped to de- rive through revenue revision. Mr. Loomfs, while admitting that he is not absolutely sworn against seeing the bill amended in some particulars, has been quoted by the leading fusionist organ of the state as say- ing he will not hold the relns in the house and is done until the time comes to vote. No Sub in Sigl / It can be sald on authority of some of the most prominent fusionists of Nebraska that Mr. Loomis’ actions have distracted them. Aside from Loomis there is no possibility of a leader for the fusionists in the house. Memminger had been thought of, but things that have transpired within the past few days serve to shelve this idea. Konnedy of Douglas, who is young and aggressive and commands the respect of all his col- leagues, both minority and majority, is & fusionist and seems to be in deep earnest in his advocacy of honest revenue revision and the Omaha tax commissioner bill, but Mr. Kennedy cannot carry the whole load on his own shoulders. In the senate there is no hope whatever of a fusionist assert. ing his right to leadership. the Fat. The predicament in which the fusion forces of the state find themselves as a result of the attitude of their representa- tives In the legislature has alarmed the leaders so that many of them are burry- ing on to Lincoln as fast as they can come. Edgar Howard got in today. He is very much disgusted over affairs and made little effort at concealing his feelings. He sald to & correspondent for The Bee today that the fusionists “were sbot to pleces” in the He found them wholly disor- ganized aad admitted the situation to be ry serlous from the party's standpoint. Mr. Howard came down from Columbus to urge the fusionist members to line up for H. R. 330 as its provisions were univer- sally advocated out In Platte county. He had read of the actions of Becher in re- fusing to sign the minority report against the injection of the tax commissioner ex- emption clause in the South Omaha charter bill and got both scared and mad. Becher has spent the rest of the time trylng to explain. It does indeed, look as it the fusionists were golng to be absolutely unable to make any effective campaign material out of this session of the legislature, The Douglas county republicans sgain refused to take & decisive stand on H. R. 830. Charles Goss was down from Omaha today and informed Kennedy, the lone Douglas county demoerat, that he was unable to get his republican friends together on this important question. Mr. Kennedy says he will wait no longer on his colleagues, whose att/tude \as already been questioned by otners. It H. R. 330 by Good of Nemaha should run the gauntlet of the house and senate and receive the signature of the governor the most lucrative office withi ‘we gift ! Cuts Out have

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