Omaha Daily Bee Newspaper, May 15, 1909, Page 1

NEWS SECTION PAGES 1 TO 10, THE OMAHA DAILY BEE WEATHER FORECAST For Nebraska—Thunderstorms. For lowa-Thunderstorms. For weather report page 3 “VOL.” XXXVIII—NO. 9t 2 86, OMAHA, SATURDA Y MORNING, MAY 15, 1909—TWENTY PAGES. SINGLE § COPY TWO CENTS. TARIEFF ON ROUND _ TRON AND SLABS Amendment by Mr, Cummins Reduce Each One-Tenth of a Cent is Defeated. to ELEVEN REPUBLICANS FAVOR IT One Democrat Votes with Other Re- publicans Against Amendment. ROOT AND LA FOLLETTE TILT Badger Senator Objects to Hint that Debate Should Be Limited. BEVERIDGE ON TOBACCO TAX Indiana Man Says His Amendment Wil Produce Twenty-One Millions s Collecting War WASHINGTON, May 14.—Asking that an Interview with J. J. Hill be read to the senate Immediately after that body con- vened today, Senator Scott endorsed its advice to congress that oratory be sus- pended and that congress promptly pass the tariff bill. “This," sald Mr. Scott, “Is in line with A letters 1 am dally recelving begging and { praving that these gentlemen,” waving his band over the senate chamber, “get through with thelr wind jamming and let the coun- try go ahead with Its buatness.” Beveridge on Tobacco Tax. Senator Beveridge spoke in support of his amendment relative to the Internal revenue tax on tobacco and its products. Contending that the government has lost $184,000,000 In the last elght years thrcugh the repeal of the war time tax of 1588, Mr. Beveridge undertook by his amendment to increase the present rate of Internal taxes on tobacco, snuff, clgarettes and clgars worth more than 10 cents. Mr. Beveridge declared that the tobacco trust, which, he said, was the American Tobacco company, had derived great benefit from the enorm- ous loss of revenue, which, he sald, was due to the law. repealing the iIncreased rates of 18%8. The law providing for the high rates of 15% permitted the manufac- turer to reduce the slzo of the packages #n which the tobacco Is sold to the people, aceording to Mr. Beveridge. “In 1001 this increased tobacco tax was removed,” sald he, “but che short welght packages of tobaceo were continued by the very law that removed the tax. The manufacturer stlll collects the war time tax from the people, but instead of paving It to the government he keeps it for himselt.” Mr, Beveridge declared that his amend- ment would not affect the cigarmakers of " the country, because, he said, it does not dphance the tax on any cigars except those hich sell for ten cents or more. Trust SUll Collects Tax. Cluming that his amendment would in- | crease thie revenues lo the extent of over | $£1,000,000, Mr. Beveridge asserted that the tobaced trust 15 now reaping vast benefit rough fatlure to enact such legisiation as that proposed Mr. Beveridge controverted the idea that the continuation by law of the short weight war time packages after thé war tax had been removed did not affect the plug to- baceo business. ‘“The law,” he said, “does not fix the size of the cut that is sold, but the manufacturer of plug tobacco got the war tax on this article out of the people by selling a smaller cut than he plug and e practice still continues. When a box of plug tobacco is sold by the trust to the retall dealer, there is marked upon each plug a place for the cut. By decreasing the size of these outs very slightly the tobacco trust through the retailer gets the war time price for a cut from a plug of tpbacco by marking the cut a Amaller.” Upon taking up the fron and steel sec- tions of the tariff bill, Mr. Aldrich asked that the senate pass upon the paragraph relating to pig iron, as the committee on finance wished to consider an amendment affecting the duty on cast scrap iron, n tron nnd Slabs. An extended dlscussion took place on an uniendment offered by Mr. Cummins re- ducing the duty on round fron from 6-10 £0 5-10 of 1 cent a pound, and on iron in slabs, etc, from 410 to 3-10 of 1 cent a pound. . Mr. Aldrich explained that these dutles, as reported to the senate, were lower than current duties in the Dingley bill. Mr. Oliver pointed out that these iron products were made by independent concerns. Mr. Cummins Insisted that the fron and steel industry needed no protec- tion. Mr. LaFollette complained that he had difticulty in obtaining information for the Senator Root a retort that the committee in veporting a house bill was under no obligation to furnish information except on those paragraphs on which it proposed amendments. Mr. McLaurin declared that the finance | committeo had stamped the entire bill with ita approval, both of amended and un- aniended sections. Rayner upheld this view. Root and La Follette T Referring to a eriticlsm by Mr. La Fol- lette, Mr. Root sgid senators would do well to ments and “to refrain from declamation and from elaborate discussion for the pur- pose of strengthening gentlemen in their home states.” He sald thé senate had been for more than @ month struggling with the tarit blil and had not passed through more than one-seventh of the paragraphs “It gentlemen think that the people of the country will applaud them,” continued Mr. Root, “in my judgment they are much mistaken." Mr. La Follette made sarcastic to the “supreme confidence of senator from New York.™ In the case of the glass schedule, Mr. \La Follette said Mr. Root had told Mr, Aldrich that he would have to explain it It he expected senators to vote on the house provision. “Of course,” sald Mr. La Follette, * Ing here with all of his prestige, well take to himself rights that do not belong 1@ other seators on this floor. 1 have not ‘said a word for ‘home consump- #8id Mr. La WFollette, “and I will say to the senator from New York that I don’t have to. He said he would be the judge of the share he would take in discussing the tariff bill, “and I propose,” he sald, “to take (Continued on Becond Page’ refer- the little | Mr. LaFollette and Mr. | confine themselves to clear-cut state- | Kermit Loses Way in Jungle Region {Unable to Find Roosevelt Camp, He Rides Horseback for En- tire Night. NAIROBI, British East Africa, May 14— It was learned here early today that Ker- mit Roosevelt lost his way from his fath- er's camp near Machakos last Fridey and {spent an entire night alone on horseback riding through a region ynknown to him 1On Saturday morning he turned up at Kiu, a station on the rallway, inquiring there the why to camp. He was given the desired directions. Theodore Roosevelt, accompanied by his son Kermit, ‘arrived at the Ju Ja ranch of George McMillan today. They came from their camp at Machakos. They will re- main at Ju Ja ranch four to ten days, ac- cording to the luck they have in hunting tmpallo, buffalo, warthog and waterbuck At the conclusion of their visit with Mr. McMillan, Mr. Roosevelt and his son will come to Nalirobl The porters of the expedition will go stralght south from the Ju Ja ranch to avold the smallpox here. Mr. Roosevelt and Kermit will spend a few days in Nai- robi and then leave to rejoin the expedi- tion. The reglon In which Kermit Roosevelt 1s reported to have been lost lles between the Athi river and the Uganda railway Kiu, where he finally foupd himself, is about fifty miles below Naitobi and thirty or forty miles southeast of Machakos. There is an old cart road from Machakos t0 Klu, but otherwise the country and region thereabouts Is sparsely inhahited by natives of the Wakamba tribe, a peaceful people engaged chiefly in agri- culture. Russian Savant . Goes to Siberia i“oud Professor One of Eighteen to Be Sentenced to Permanent Exile. MOSCOW, May 14—The trial of the members of the local soclal-democratic or- ganization came to an end here today. Eighteen of the prisoners were sentenced to perpetual exile In Siberia, and twenty others are to be imprisoned in a 'fortress for terms varying from one to three and a half years. The exiles include Prof. Rochkoff, of the University of Moscow, whose connec- tion with the party for a number of years has been a mystery to the police. The uthorities wefe aware that one of the most competant members of the general committee resided permanently in Russia, but they never identified this man with | the noted university authority. When Prof. Rochkoff was betrayed by | his own carelessness he went to St. Peters- | burg instead of fleeing abroad and con- | tivity ufider a false passport [ for four years before he was arrested In | 1908, During the year preceding his im- prisonment he produced a valuable work on | the economie condition of Russia in the sl nth century. 4 e other men condemned Include police Judge Sparsky and Instructor Presin of the University of Moscow, who will serve respectively terms of two years and 18 months imprisonment. MISS WILSON GOES TO EURGPE Tour of Continental Capitals Will Prevent Secretury's Daughter Keeping lowa Engagements. BOONE, Ia., May 14.—(Special Telegram.) | —Mrs. Phillip Damon, daughter of Judge Stevens, this morning recelved word from Washington, D. C., that the lowa tour of Miss Flora Wilson, daughter of Secretary Wilson of the Agrucultural department had | been postponed indefinitely. Miss Wilson has just signed a contract for her appear- ance for the next two years in, Buropean capitals and her tour of the United States has been called off. | The news brings bitter disappointment to | hundreds of Boone friends of Becretary | Wilson and family. | IN DEEP CISTERN | Farmer Falls In | DROWNED i s Found Half a | | Hour Later. | MARSHALLTOWN, Ia., clal Telegram.)—While trying to measure | water In his cistern, Herman Knol, & re- | tirea farmer, of Haverhill, missed his hold {and tell In. His body was found in elght | teet of water by his wife a half hour after Knol was last seen alive. PARIS STRIKERS RETURN TO WORK Indication that French Postal X ° ployes Will Abandon Fight Against Government, MOVE EXPECTED TO COLLAPSE Men at Lyons, Toulouse and Mar- seilles Back at Their Posts. LEADERS ARE STILL CONFIDENT They Talk Boldly of Big Develop- ments Impending. PREMIER WINS A BIG VICTORY Chamber of Deputies Endorses Gov- ernment’'s Attitude in Strike and Passes Vote of Confidence—— Service Nearly Normal. PARIS, May 14—Instead of showing an increase this morning, the number of strik- ing postal employes in the city seems to have diminished. The leaders of the strike, however, still talk boldly of developments, including the declaration of a general strike by the general federation of labor. On the other hands the muthorities, with the endorsement of the Chamber of Dep- utles bebind them, insist that the move- ment will collapse totally in a few days without recourse to the elaborate reserve arrangements that have been perfected. At Lyons, Toulouse, Marsellles and some other places, the strikers today abandoned the struggle and returred to their posts. The turbulent session of the chamber of deputies yesterday ended In a sig- nal victory for Premler Clemenceau when the government's policy with regard to the postal strike was emphatically en- dorsed by a vote of 44 to 59, Including the government's Insistence that postal em- ployes and other functionaries have no right to strike. Immediately afterward the chamber passed a vote of general con- fldence in the government, 30 to 159. The strikers recelved the chamber's re- buke with a shrug of the shoulders, de- claring that it only served to bind closer their forces, which would soon startie the country by the big Increase and & rupid extenslon of the general movement. On the otier hand, it Is Intimated that the gov- ernment las other plans in view to offl- clal any serfous growth of the strike. Up to midnight there was no change in the situation. If anything it was in the direction of a weakening of the strike sen- timent. The general conviction is that if the movement does not make vast strides tomorrow it is almost certain of complete tailure, M. Barthou, the minister of public works, posts and telegraphs, asserted during the debate that only 2,%7 out of M,206 postal employes in Paris and the department of the Seine are out and tha! ronditions in the provinces were cven betier. Premier Clemenceau, In 'a typleal epi- grammatic speech, coolly concluded the exciting session. with the declaration that it was merely a case where France must choose between revolutions on the one hand and progressive evolution on the other, or betwesn work under republican law and order and a epirit of adventure caleulated to disorganize 4nd rend the republic. Listens to Own Funeral Sermon Dying Man Summons Minister and Has Funeral Services at His Deathbed. GAS CITY, Ind, May W4.—On his death- bed Elias B. Burns, 8 years old, today Leard his funeral sermon preached. After having been advised by his physi- clan that he would live only a few hours more Mr. Burns summoned his minister, Rev. Henry Schwan, and forty of hls friends and neighbors and asked them to give him the satisfaction of attending his funeral service in his bedroom. Hymns were sung and Mr. Schwan preached a sermon. Scout Car to Atlanta. ATLANTA, Ga., May l4.—A scout car to eelect the course of the New York-to- Atlanta automobile race of next November left here today and will inspect the route as far as Greenville, 8. C. The contest {s ex- pected to be a bIg factor in the develop- mxnl of ‘lnfld roads in the south. mong the points the car will touch are Galinasville, Mount Alry and Toccocs, Ga Basley, 8. C., Anderson, 8. C. and Hari- ’ well, Commerce, Jefferson, Winder, Ga. “Wherea, Senator John M. Thurston has | kindly volunteered to leave his seat in the United States senate and journey several | times across the continent to attend the | meeting of the republican state committee and direct its proceedings in fssuing a call for this convention; also to have himself made delegate to ward and county conven- tions, and as self-constituted dictator, hap- pily styled King John the First, has issued his edict directing the selection of himself, |Jonn L. Webster and Peter Jansen as delegates to the national republican con- vention and fixing the boundaries from which the convention may select the other two delegates-at-large, and | *Whereas, It is understood that, having gathered to himself the several titles and offices of senator, delegate and dictator, he is ambitious for the additional honor of of vice president or holding a place in the or attorney general, he can be of further and greater service to the Pacific raliroads, whose passes and stolen millions have been used to advance the honored gentieman to his present commanding position; and “Whereas, The proclamations, letters and Interviews has given the public in general and presidential candidates in particular to understand that he carries the republican party of Nebraska in his pocket; and “Whereas. In order that this impression may goatiaue and the chances of the sen- being nominated for the additional honor | | cabinet, when, as secretary of the interior ! sepator by innumerable | ‘That King John Resolution| Famous Bomb Shell Which the Late Governor Crounse Fxploded on the Republican State Convention April 15, 1896. ator for gratifying his ambition be not impaired by any act of disloyalty on the part of the republicans here assembled; and ‘Whereas, We recognize in the senator a willingness and a confidence in his own abllity to go to 8t. Louls as the entire six- teen delegates allotted to the state of Ne- braska, and regret that the authority of this convention will nct permit us to thus constitute him, therefore, in order to effect the same and as nearly as may be; be it “Resolved, That Senator Thurston be re- | Louis convention we are assembled sup- vosedly to select, which delegates | hereby instructed, and the district dele- | Bates are requested, to vote and act in said convention under the direction and for the glory of the senator; and “Resoldved, That an apology is due from | ex-Benator Manderson to Senator Thurston for permittng the use of his name as a presidential candidate without first having obtained the consent of the senator, and for attempting to usurp the title of “Favorite son” when it 1s well known that the name of our fuvorite in not Charles but John, and “Resolved. Lastly, That we can but ad- mire and applaud® the magnanimity of our senator in graclously consenting that the name of ex-Senator Manderson may be mentioned at St. Louls at such time or manner as will injure no oue else or do him any good* independence or | quested to name all the delegates to the St. | are | From the New York Herald. Union Pacific Beaten Through Ruling of Judge Munger, VERDICT AGAINST ROAD ORDERED Appeal Will Be Taken to United Sta Supreme Court on Question of Paying Elevation Charges Amounting to $10,000. The Updike Grain company has won in its suit against the Unfon Pacific Rallroad company to compel the rallroad to pay cer- tain elevation charges claimed by the grain company and ordered pald by the Inter- state Commerce commission. The case has been on trial in the United States circult court since Wednesday morn- ing and the grain company concluded its testimony Friday afternoon. The defense introduced but little testimony and move that the court instruct the jury to retur ‘a verdict for the rallroad company. The at- torneys for the graih company ‘made a shnfiar motion and ‘buth presenfld argu- ments in behalf of their respective motions. Judge Munger, after hearing the argu- ments, decided in favor of the Updike com- pany and ordered the jury to return a ver- dfet accordingly. The judgment carries with It a like ver- dict for the Nebraska and Towa Grain com- pany and the Crowell Lumber and Grain company, the three cases heing involved in the same trial. The total amount involved 1s about $10,000 The suit of the Updike Graln company was for $6,742.10, the Nebraska and lowa Grain company for $2,509.74 and the Crow ell Lumber and Grain company for $688.%9 The suits were brought o nthe basis of | the order of the Interstate Commerce com- | mission at its hearing iu this matter in 198 granting these respective allowances | for elevation charges on the same basis that simflar allowances were granted by the Unlon Pacific withow contest to the Omaha Elevator company and the Trans- | mississipp! and other graln companies. The | complaints against the railroad company were those of discrimination against them for the benefit of favored grain companies. |The Interstate Commerce commission or- der was that the elevation allowance should | be pald the plaintiffs by March 1, 1908. | Case Will Be Appealed. | The Unfon Pacific Rallroad company re- ! sisted th ayment of these elevation al- !lowances on the ground that an order of |the Interstate Commerce commission had | sinc declared that elevation allowances were illegal. It was shown by the plaintiffs that the eclevation allowances were legal at the time the plaintiffs made & demand ifor them in 1906 and 1907, and that the al- lowances had been granted without ques- tion to the Omaha Elevator company, the Transmississippl and to other grain com- panies. Upon the announcement of the judgment, {the attorneys for the Unio nPacific notice of their intention to appeal the case {to the United States supreme court in or- {der to test the validity of the orders of the Interstate Commerce wommission cases of this character. The suit is the first of its kind ever brought in the United States courts in the west, and involves a number of important | points relative to the powers of the Inter- state ‘ommerce commission as between |the great transportation companies shippers, particularly as relates to the handling, shipment and elevation of grain. Death for Wife Murderer, LAWTON, OkL, May 14—A jury in the case of John Hopkins, charged with mur- dering his wife here October 29, 1907, today returned a verdict of guilty and assessed the death penalty. Hopkins came here from Kingston, Missourl | Everythingonthe want ad pages from | pianos to poultry, Speaking of pianos. | some of our big piano fiems | tell about their best bargains on the want-ad page under the head of ‘‘Offered for Sale— Pianos.”” They know that want-ad readers look for real bargains there. Often they, or other people, have slightly used planocs, too, that may be bought for & fraction of what a new one would cost. Have you looked at the Bee want ads yet today? GRAIN COMPANIES VICTOR gave in| and | GETTING IN OUT OF THE WET Relief Board Goes to Adana Will Aid Stricken Armenians and In- vestigate Cause of the Uprising. CONSTANTINOPLE, May 14.—A mixed commission will leave Constantinople to- morrow for Adana to direct the work of the anti-Christian uprising and to super- vise the Inquiry into the whole affair. The commission, which represents the govern- ment, fs composed of Beha Bey, a member of the council of state; M. Artin, inspector of courts at Monastir; Deputy Shefik and Deputy Agah Babikian. The last men- tioned s an Armenfan The minister of finance has decided that the cash found in the imperial palace of ¥ildiz, the residence of Abdul Hamid, the deposed sultan, shall be used in meeting the expenditures incurred by the mobiliza- tion of the First and Second army corps and the march on Constantinople fo restore constitutional government. The funds in question amount to nearly $8,000,000, Omaha Woman Sues for Fortune Mrs. Anna M, Day Claims Old Dower Right in Thirty-Six Acres in Mason City. MASON CITY, la, May l4.—(Special)— A suit to establish a dower right in a tract of thirty-six acres of land in the northeastern part of the city, which Is of great value, has been begun in the district court here by Mrs. Anna M. Day of Omaha. Mrs. Day is the widow of John H. Day, once a resident-of Mason Clty and a brother of Henry Day, who amassed a great for- tune ‘here in the early days by real estate speculations. Mrs. Day alleges in her pe- tition that her husband sold the property many years ago without her joining in the transfer, and that consequently she still holds dower interest.. It is claimed by the defense that the defendants have & clear title owing to their open and notorious pos- sesslon of the property over a long perlod of time. Sherman’s Laurels I Son of Vice President is Eliminated from Golf Play by Lard. WASHINGTON, May 14.—~The annual golf tournament of the Chevey'Chase Golf club was continued tpday. Because of the splendld showing of the players yesterday interest in the matches was at fever heat when the first pair teed off. The surprise of the day was the elimina- tion of T. Sherman, the winner of the qualification cup. He was beaten by Allan Lard, Chevey Chase, 2 up and 1 to play. Sherman’s medal score 76, Lard's 7. - W. J. Travis won his match with W. Tuckerman of Chevy Chase, 5 up and 4 to play. relof in the interests of the sufferers from | Soon Wither| RAIN HELPS - CROPS MUCH Eastern Part of Nebraska Chiefly Benefitted. NORTHERN KANSAS GETS SHOWER Nome at North Platte Nor Valentine, but Farther East Section » = Mts Enormously by Heavy rre- eipitation. Fastern Nebraska was visited by the first good rain of the spring yesterday and farmers were offering up thanks last even- ing, for the benefit to crops will be im- mense. Many towns reported a good fall, amopg these belng Beatrice, Grand Island, Fremont, Lyons, Shelton, Vinwood, Table Rock, Trumbull and Fairbury. The fall of rain in every place heard from was of the most beneficlal kind, being not too violent to enter the ground and either ocourring steadily for a long time or at Intervals for hours. Many of the places received their first shower Thurw day night and second rainfalls during Fri- day. The rain was largely in southeastern Ne- braska and in northern Kansas. Missourl, Towa and Illinols points were moistened and ruin fell in Colorado. There was none yesterday afternoon at North Platte, how- ever, nor at Valentine. ¥Fremont Gets f Inch, FREMONT, Neb, May .—(Special.)— Over half an inch of rain fell hers early this morning, which helped out the little shower of Tuesday night and is worth big money to the rcops of all kinds. Apples and small fruit are in bloom with good prospects for a full crop, something whic | this county has not had for several years. TABLE ROCK, Neb., May 14.—(Special.) ~-A succession of showers, falling last night and this forenoon aggregating 1.60 | Inches, has made crop prospects assume a different shape and the ground has been more thoroughly soaked than for many months. Corn planting is well done and oats, wheat and grass will be greatly im- proved by the rain. FAIRBURY, Neb, May The drouth was broken this morning by a rainfall of over .50 of an Inch, and the benefit to growing crops can hardly be ey timated. Oats and alfalfa especially were suffering from lack of molsture, but this rain has put them in good condition. Fruit ‘hus not been materfally injured by the late frosts and the prospect is now that the apple and cherry crops will be good, with | at least a half normal crop of peaches | Two _luches at Beatrl | BEATRICE, Neb., May 14.—(Special Tel- | egram.)—A heavy rainstorm visited this | section this morning and rain fell at in- | tervals all day. Since last evening nearly [ two inches of water has fallen BHELTON, Neb., May 1. splendid rain fell here last night and al- though not over a half inch of water fell it will be of much benefit to everything. This was the second shower this week and the Imarovement on all growing crops has been a wonder. Although the entire spring has ‘been backward for growing crops, farmers are about all through planting corn and with seasonable weather from now on the average showing will soon be up to former vears LINWOOD, Neb., May 14—(8pecial.)—The f half an inch IN t rain, » damage s reported TRUMBULL, May | (Continued on Second Page) with some hail, Neb., 1" (8pecial.) LONDON, May 14.—A comprehensive bill for the removal of Roman Catholic disa- bilities and providing for an alteration In the accession oath taken by the British soverelgn was Introduced by William Red- mond in the House of Commons today and gave variety to the customary dullness of the Friday debate. The Roman Catholics never have ceased to invelgh against the “lnsulting refer- ences” to certain beliefs in the monarch's accession declaration as superstitious and and idolatrous. The same opposition which has defeated any effort to alter the oath again showed up today with a petitjon signed by 400,000 persons against the re- moval of Roman Cathollc disabilities was handed in. Mr. Redmond's bill not only removes what is regarded as the objection- able portions of the oath of acceasion, but it repeals the acts probibiting residence and the aoquisition of property by the Jesults and other monastic orders, and 'Bar Against Catholics May Be Removed in England [ abolishes the disqualification’ which pre- vents Catholics from filling the offices of lord chancellor of Great Britain and lord lieutenant of Ireland. Premler Asquith gave his cordial sup- port to the objects of the bill. He declared that the exclusion of Roman Catholics from the lord changellorship and the lord lieutenancy was qflite unjustifiable, OHIOAN BEFORE GRAND JURY Bucyrus Latest Ar- rival at Muskogee to Appear in Fraud Case. May W-J. H. Eaton of O., subpoenaed as & witness be- fore the federal grand jury that is re-in- vestigating the Muskogee town lot fraud cases, Is one of the latest arrivals from the east. Mr. Eaton is a brother of Walter R. Eaton of Muskogee, one of the seven | men previously indicted in these cases. 14.—(8pecial.)— | (Bpectal)—A | | drouth was broken Lere last night hy a fall | B WAUSA SCORES ON RAILROADS Commissioner Clark Rules Against Northwestern and Omaha on Coal Rate, | MAKES REDUCTION $2.50 A TON Roads Must Put New Rate in Effect July 1 for Two Years. CHARGE IS HELD UNREASONABLE Reparation is Awarded in This and One Other Case. BALLINGER RULES FOR SETTLERS Evidence of Good Faith by Entrymen Will Govern with the iarfield, W Was Very Striet. eanor we Rullng (From a Staff Correspondent.) WASHINGTON, May 14.—(Speclal Telee gram.)~Interstate Commissioner Clark to- day rendered an opinion In the case of tiie complaint made by underland Bros. of Wausa, Neb., alleging excessive rates we charged by the Chicago & Ndrthwestern and the Chicago, St. Paul, Minneapolls & Omaha rallways on a carload shipment of sof coal from Christopher, TIl, to com- plainant, fn which the rate charged, $ per ton, s found to be unreasonable and a rate of $270 per ton is prescribed and reparation awarded. An order for repara- tion in the sum of $63.75 and Interest will be entered against the defendant raflroads: and, further, these roads will be required to establish on or before July 1, 1909, and for a period of not less than two years thereafter to maintain a rate not to ex- ceed $2.70 per ton on shipments of bitumin- ous coal In carloads from Sterling, T, to Wausa, Neh, when such shipments originate at Christopher, TIL Commissioner Clark also found for com- plainant, Willlam J. Diehl, doing business as the Capital Plne company, in his case against the Chicago, Milwaukee & 8t. Paul rallway, holding that a rate of 1§ cents per 100 pounds on sawdust from Du- luth to Andover, 8. D., Is unreasonable to the extent that It exceeded 12% cents, and reparation was awarded. Ballinger Favors Settler In a decision in the land contest of Mitchell against Moon, involving a home- stead claim in Lyman county, South Da- Kota, Secretary Ballinger has, it {8 sald hy those who have been following such deci- slons closely, revered the policy of former Secretary Garfield as to the requirement that entrymen shall reside continuously on | the land. In this case the entryman had bean on the land for about fourteen months, during the last eight of which he had made some Improvements and started cultivation, going on his claim probably three or four times a week. The contest was sustained by the lacal officers and the commissioner of the general land office on the ground of non-continuous residence. The secrefary, however, reversed the decigion of the lower officers and dismissed the contest. He stoted that, while the residence and cul- tivation of the entryman probably would not be sufficlent to permit acceptance of final proof It was sufficient to show good { falth on the part of the entryman, and contest agalnst the entry could not be sus- the ground of abandonment. Under the Garfield administration in the Interior department entrymen were re quired to reside continuously on their hold t defection from that as held to be sufficient latlon of the entry. | tainea on ings and the small rule, it is sald, ground for canc Gullibles Saved from Swindlers. Representatives Martin and Burke of ‘Sfl\flh Dakota have been reasonably busy | lately keeping some of thelr constituents | from sending money to Spain to secure part of an alleged buried treasure. This is the old Spanish swindle about which the | State department has issued frequent warn- ings, and fhose In charge of it have ben working in South Dakota recently. In at least two cases the South Dakota con- | gressmen have saved money for persc who received letters from the operators of the swindle. More s nd Wanted Representative Burke has introduced a {binl providing for the opening of about o0 acres of lund in the Rosebud reser- vatien in South Dakota, lying In Meyer and Washabaugh countle north of the tenth standard paraliel. Under the terms {of the bill the land is to be examined an \ppraised and disposed of by the lotter: |system at not less than the appraised value, | " Congressman Burke received a lotter from the geological survey stating that geologi- cal examination of Standing Rock and |Cheyenne River reservafions, covering | about 8,000,000 acres which have been ceded by the Indians, will be completed by July ;ll\ There is reasonable assurance that the reglstration for these lands will be held this fall and_that drawings will oceur early next spring. Magoon Abroad Charles Magoon of Cubs capltal today to say goodbye |t Senator Burkett and other friends fa | congress and left on an afterncon train {for New o¥rk, from which port he will |safl on Monday for Antwerp to travel | through Europe for the next few months ! Governor Magoon, on the advice of his |physictan, will take the waters at Neu- helm, and after a course of treatment there will visit Italy and the Riviera, returning to America late In September. In all probability Postmaster General | Hitchcock will be in attendance at the | meeting of postmasters of Nebraska to be held at Lincoln June 8, 9 and 10. General Traffic Manager of the Pacific John A. Munroe of Omaha, has been In Washington on matters nected with the Interstate Commerce com- mission, left today for New York City, ENTIRE TRAIN IS BURNED Express Collides with Freight Colmur—Five Killed and Twelve Hurt. | BTRASBERG, May 14.—A bad rallroad ac- cldent occurred last night at Herlishetm near Colmar. An express train from Basle to Cologne ran into a frelght train thatr had been derailed on account of the explosion of the locomotive bollers. Four members of the crew and one passenger were killed and twelve passengers were injured. The wreckage took fire and the passenger train was completely burned out. B vernor was at the Union who con- Near