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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 28, 1907)
The Omaha Daily Bee VOL. XXXVII NO. 61. OMAHA, WEDNESDAY MORNING, AUGUST 28, 1907 TWELVE FAGES. SINGLE COPY TWO CENTS. I ( I JUDGE UPHOLDS WRIT North Carolina Federal Jurist Deliver an Opinion Long Expected. ELEVENTH AMENDMENT'S INTENT Federal Court Refuse to Person in Defense of Eights. SUIT NOT AGAINST THE STATE Officer of State Subject to Power of Federal Authority. LAWS OF STATE INVOLVED la Arriving at Hli Decision Judge Prltehard Cite. North Carol I aa Statute la Litigation Against Railroad. ABHEVILLE. N. C, Aug. r.-Ji Prltehard in the United States oil court. In a long- expected opinion, annou today, In tha rata case of the Sou Railway against tha corporation cot ion and th attorney general of ; ? Carolina, upholds the jurisdiction court In the Issuance of the recent I tlons against officials during the riuu. rate controversy, and declares that the suit la riot one against the state within the meaning of tha eleventh amendment to tha federal constitution. That amendment holds the judicial power of the United States shall not extend to any suit against a state by cltlsens of another state. Tha decision says that a state legislature can not so frame an act as to deprive a citizen of a right vouchsafed him by the federal constitution. It does not possess the power "to deprive this court' of its jurisdiction, and the sooner those questions are defi nitely determined tha better It will be for all parties concerned." Tha decision holds that the corporation commissioners are still charged with mak ing rates, the only limitation upon their power being "that they shall not make a maximum rata In North Carolina In excess of 214 cents per mile. The corporation commission and the attorney general are specially charged' with the duty of se curing tlie enforcement ot section i of the passenger rata act, which provides heavy penalties and fines for a failure of rail roads and their officials to comply with that act." All laws In existence on tha passage of that act bearing on supervision and control of railroads, etc., are to be construed In connection with the rate act. Federal Coart a Refuge. "It la Inconceivable," tha decision says, "that a circuit court of, the United States In the xercse of Us jurisdiction should be powerless to afford a remedy to one who seeks to assert a right which la guaranteed by the constitution of the United States. 1 hla is In no sense a suit against the state, nor can It .be successfully contended that the state Is In any wise a party in Interest In so far as tha merits of tha controversy ara concerned. It cannot be rfcaaonabiy-JnaUtd4 that thor la a. suit to prevent tlia state' from enforcing any right which It possesses, nor can It ba said to Too a salt to compel the performance of an obligation of the state, nar does It In any wise Involve a matter In which the state has a pecuniary Interest, the parties In In terest being complainant on tha one side and tha traveling public on the other. "Therefore, tha questions presented ara not such as to warrant tha assumption that this court Is without Jurisdiction, and a, careful study of the circumstances at tending the adoption of the eleventh amendment, as well s the end to be ob tained by the adoption of the same, show conclusively that those who were respon sible for Its adoption never dreamed that It could ba used as a mesne of depriving an American cltlsen of a substantial right conferred upon him by the constitution of tha United States. The eleventh amend ment, being a part of tha constitution, must ba construed so as to give full force and affect t every provision of the Instrument of which It forms a part. Any other con traction of this amendment would prac tically nullify that clause of the constitu tion which provides that no state shall pass any laws Impairing the obligations of fontrscta as well as tha fourteenth amend ment." m " . Tha opinion shows that tha laws of North Carolina especially provide, upon what terms an injunction ahall ba granted to suspend rates pending litigation, or In volving the confiscatory nature of such rates; that the statutes of North Carolina expressly authotlse tho course pursued by tha courts when freight rates are involved, but does not even require a bond for such Injunction when passenger tares ara In litigation. WAR MAPFON BLACK HAND Easter Secret Servte Olnclal. H-v Mack lntormutlon Concerning Organisation. HARRI8BURG, Pa.. Aug. 17. Effective war. It Is announced, la being waged against tha Black Hand throughout Penn aylvanla by tha state constabulary and th Indicationa ara that the troopa will aoon rid tha commonwealth of, Its mur derous organisations. Tha state police au thorities are In possession of Information that Black Hand operations are directed from central headquarter In New York and that tha agenta actually engaged In ' tha work of Intimidation are not all for eigners, soma Americans being Implicated. For several months tha state police de partment has been directing Us attention largely to these operationa and today It la said to be In possession of a mass of Information which will lead to the arrest and conviction of the ringleaders. More thah fifty arrests have been made by. tha stale police In tha last six months in con nection with Black Hand operationa Nearly all nave been. fined or Imprisoned. ALLOTMENT OF NEW JUDGES I uld State Willing to Have roar Appointed for Countries on Tfcla Bid of Water. THE HAGUE. Aug. ST. Joseph H. Choste and James Brown Scott for the American delegation to the peac conference have brought up a new proposition with respect to the allotment of Judgea for tha Interna tional high court of Justice. In this prop osition tha United States announcea the willingness of U countries of the Ameri can continent. Including the United States, to have four Judgea appointed for the twantv-ene countries of the continent, on J fcite understanding that thla will reduce the Bumper 01 juagea 10 niveau. The proposal doea not go any further, but It Is understood that tha Americans hope tha other continents will take sim ilar actios, that Asia will ba HWted two fudge sad Ifciff SUMMARY OF THE BEE Wrdantir, August 2H, 10OT. 1007 AUGUST I9U. tun mom tui. wta mu ri si T t I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 10 20 21 22 23 24 25 26 27 28 29 30 31 DOMESTIC. Attorney Grattan of the Kansas Rail road commission comes to Omaha Thurs day to take testimony regarding the 2-cent passenger fare rate. Fag's 1 Train carrying Secretary of Wor Taft Is wrecked at Spring Hill; Kan. No one Is Injured. Fag's 1 Interstate Commerce commission heir complaint of Rlack Hills of dlacrlm- SMlon In freight rates. Fare 1 ' j-'fTlelals at Chicago say that the sum fry money lost In the robbery at Denver ;r as only 1260. Fare 1 Railroads are seeking to secure non nforcement of the law that compile hem to post all tariffs. Fag 1 J United States and Mexico have brought about peace In Central America. Pag. 1 New York financier. wlll buy the recent Issue of 140,000,000 bonds, realising the credit of the city Is at stake. Fare 1 President Small of the Telegraphers union declares the men will remain out until December, when their case will be presented to congress. Fag 1 Federal Judge Prltchard at Ashevllle, N. C, renders decision upholding author ity of his court In the railway light. Faga 1 A negro at Easton, Pa., narrowly es capes with his life from angry mob after having killed an officer. Fags 9 Nelson Morris, the Chicago packer, died after several weeks' Illness. Fag 1 Many technical points In naval pro cedure will be settled by the trip of the battleship fleet to the Pacific waters. Fag 1 Secret service officers nre making suc cessful war upon the Black Hand In the eastern states. Fag 1 Four persons are burned to death in Oklahoma City fire. Faga X R. W. Breckenrldge of Omaha presents the report of the committee on Insurance to the National Bar association It Port land, Me., which causes a warm debute. Fags 1 The body of Miss Agnes Magulrc, a Brooklyn schoo lteacher, was found In Lake Hopatcong, N. J. ' Faga 9 Arrest of Gustave Lang In Philadelphia will be big aid to crusade of postal au thorities to prevent mailing of objection able postal cards. Fag 1 . FOBXIQV. French and Moors have sharp fight near camp of French commander and Moors are driven to the hills. Pag 1 Irish nationalist member of Parliament arrested and held for trial In Ireland on a charge of Inciting a riot. Authori ties take especial steps to policy certain districts of Ireland. Fag 1 Transatlantic lines are bustnly engaged cutting steamship rate. " ' Fare 1 Mexico objects to the International court of Justice and further discussion of the allotment of Judges takes place at The Hague. Fag I French newspapers regard the rooent meeting of diplomatic representatives of France and Germany as full of portent. Faga 1 HEBBA8XA Testimony before the Nebraska Railway commission reveals that the Standard Oil company can handle oil In wagons more cheaply than competitor can send It by freight under rates charged. Pag. 3 Attorney general asked to take action to compel mayor and county attorney st Schuyler to enforce provisions of tho Slocumb law. Regents of university con sent to file vouchers with state auilltcr. Faga 3 BLACK HILLS GETS HEARING Commission Investigating; Charges of Discrimination la Freight '' Rates. LEAD, S. D., Aug. 27. (Special.) Tela gram.) Special Agent John H. Marble of the Interstate Commerce commls lon la In Lead today hearing the com plaint made by the Lead Commercial club charging the Burlington and the North western railroad companies with dis criminating against Lead and other Black Hills points In the matter of freight rates from and beyond the Missouri river. H. Holden, solicitor for the Burlington, and George H. .Crosby, traffic manager, are representing the road at the hearing, vhlle the Northwestern Is represented by - T. White, general solicitor; F. Wat tera. general manager of the lines west of suu UUsourl river; 8. F. Millar, general fvvi;h'. (Vjent for the lines west of tha JIlMiuri river, and 8. M. Braden, general cuperlatendent of th lines west of the Mtneourl river. Traffic Manager Crosby of th Burling ton was on the stand the areater cart of th. day. and hi. testimony tended to show that th. complaint was not war- ranted by th. facts. He was followed I charges made for their use sre reasonable, by II. B Clark, on. of the complainants. I w must. 1 think, go still further and see . ' that the facilities provided are adequate, who cites numerous cases of apparent discriminations against Hills points In I Protection tor All. - . - T. . . , But these highways, while public in thlr favor of Denver and other places along J UM) are prlval- , ownership, and the capl tha lines of tha roads mentioned. The I tal invested has been put there upon the hearing la attracting much attention aid ! representation that It shall be allowed tu th.r .re attendant upon It many business a return. Jh. 8v. ROADS CRYING FOR QUARTER Take Stepa to Stop Enforcement Law for th Postlngr of AU Tar ICs. of CHICAGO, Aug. IT. Tha Alton and other western railroads have Just Instructed all their agents to try to secure th. signa tures of all their patrons to a petition to th Interstate Commerce commission not to enforce strictly that section of the law which reo'ures th. railroads to post In every station, depot or other place where passengers or freight are received two coplea of every tariff Issued by th. rail road and of every tariff of other roads in which it concur. While section of the act to regulate commerce contains this requirement, It Is doubtful If any railroad in tha country has compiled with It. Th. general practice has been to keep a file of all tariffs at the headquarters of the company and to post at each station only the rates applying to or from that station If th. law Is strictly enforced the railroads wilf be obliged to spend at least five times aa much a. they do now for th printing of tariffs and a much larger amount for additional clerks to post and Index th. tariffs LAWYERS TALK INSURANCE R. W. Breckenridg-e Presents Report to Bar Association. FEDERAL CONTROL IN NEW FORM Paragraph lo the Report Relating t "Wlldit Companies Draw Oat a Very Warm Debate. PORTLAND, Me., Aug. 27. Th. program for the meetings todsy of the American Bar association was devoted exclusively to the reading of reports of standing and special committees. The most important of these was the report on Insuranoe law, which was prepared by special order of the last annual convention and which already has been published and widely commented upon throughout the country. About forty European delegates have arrived to attend the convention of the- international law association, which opens Thursday. Breckenrldge Presents. Heport. Ralph W. Breckenrldge of Omaha, ohalr man of the standing committee on Insur ance of the American Bar association, presented the committee's recommendations today as follows: That this association disapproves and condemns the prevallng custom, which makes state Insurance cotnmlsslonershlps political prizes to be distributed as without regard to fitness or knowledge of the In surance business. That all companies created under the laws of foreign countries, be required to make depositions at least In one of the states before writing business anywhere in the United States. The repeal of the valued policy laws. The creation In each state or the office of fire marshal. The enactment of a federal statute for bidding the use of the malls to persons, associations, copartnerships, or corpor ations conducting any kind of Insuranoe business In the United States; who are not licensed to transact such business by the state wherein such persons, associ ations, copartnerships or corporations are domiciled, or under whose laws any such corporations are created. Tho apportionment and contingent dls trlbutlon of the deferred dividend surplus on existing life policies of all companies at a condition precedent to the transaction of business outside of the home states of the several companies. Discuss Federal Control. The first four articles of the resolutions were adopted without dlscusslo nor change. The fifth paragraph brought out a spirited contest. The committee's report recom mended approval of a bill forbidding the use ot the mall service to any persons or associations oonductlng any kind of In surance business In this country, unless they obtain a license or permit to conduct business from the proper officer of tha United States, or of the state wherein they are domiciled. The members favoring the recommenda tion and the proposed action contended that th purpose was to afford protection against th "wild cat" Insurance com panies, which organise In soma states with out any Intention of doing a legitimate business In that state, and then commit fraud m other states. Those opposed con tended that It was only another form of the attempt to secure federal regulation In preference to state control. The recom- -wieadatlon was defeated -when put Vu a vote. Llttlefleld Take. Part. Congressman Llttlefleld of Maine, who Is a director of the Equitable Assurance society, vigorously opposed the sixth nrtU cle calling for the "apportionment and contingent distribution of the deferred dividends' surplus on existing life poli cies of all companies as a condition precedent to the transaction of buslnuss outside of the home states of the com panies." He stated that If such a law should be enacted and compiled with, every Insurance company In the United States would be bankrupt. The proposed legislation. It was brought out by other speakers'. Is Intended to compel the com panies to carry out the contracts they have made with policyholders by showing exactly what portion of the surplus le gally belongs to the policyholders, and that It shall be carried on the books as a liability Instead of an asset as at pres ent. A motion to table this recommendation was carried by a standing vote of 110 to 78. Heport on Commercial Law. The report of the standing committee on commercial law was read by Ceorgo Whltelock of Maryland. The reports on judicial administration and remedial procedure and commercial law were accepted after debate. Paper br Mr. Prontr. "A fundamental defect In the act to regulate commerce" had been prepared by Charles A. Prouty of Vermont, a member of the United States Interstate Commerce commission. As Mr. Prouty was unable to attend the convention, the paper was read by Judge William H. Staake of Phila delphia. I have felt that the present plan of the act to regulate commerce should be sub stantially modified, and deatre to call your attention to what seems to ma a funda mental defect in that act. Every discussion of this sublect should begin with a clear apprehension of the problem. The railway has come to take th. place of a public highway, and some methods must be round to make It such j ThU mean, JJ.ttt f-ernmentmu.t ee members of the public allko. and that the of these avenues of transportation. It must ; also protect the individual In th. enjoyment , Vn'examtnaUon of the present act t, of this statute had in mind both these Ideas. The affirmative provisions of that act are, that charges for services rendered shall be reasonable, and that no undue dis crimination shall be made between different persons. Otherwise stated, these highways shall be open to the whole public alike, and upon fair terma. To secure these bene fits there sre certain requirements with respect to the publication and observance of tariffs, the keeping of acceunts. etc., and ; severe penalties are pro 4dl tor infractions 1 .....,-. ... L.nm ...ijii im nr.ur.i inn of statute. A that commission is requlied by the terms of the act to enforce Its provisions. Both Idea Presrrt. Here, then, Is a clear recognition of the first idc-a. It Is the affirmative duty of the Interstate Commerce cummUfcton to see that railways do not impose upoi the public unreasonable or dtsiTiiiitnuwv. charges. A further examination of the statute shows that the seoond idea Is also pr--cnt. This commission is not merely charged with the duty of enforcing the act, but Is also constituted a quonl Jud.cial tribunal with authority to ult as arbitrator between the railroad and the pvople. The act provides that any party may compiain to the commission that a ral'way subject to its Jurisdiction la lr violation of the terma of the statute, I na that the commission, upon rccetvlna u.-i complaint, shall proceed to investi gate and determine the matter. Th. pro ceedings under thla provision assume Continued do Second Page.) ONE French Newspaper Wondering What Agreement Has Rem Reached with Uermanr. PARIS, Aug. 27. The French newspapers are energetically occupied discussing the recent, interview between the French am bassador to Germany, Jules Cambon. and Princ. Von Buelow, the Imperial chancel lor, at Nordenrlck. which is now deemed to have been of the greatest Importance to Germany and France. Extensive specu lations are made regarding th scope of the Interview and Its probable effect on ths relations between the two countries. Tha majority cf the paper express the opinion thst there was something more specific be hind the meeting than an exchange of amicable sentiments, as alleged in the offi cial note on the subject, and It Is Intimated that an understanding was reached be tween the two statesmen on the subject of Morocco. Dispatches received here from Madrid today say that the Spanish cabinet has taken action on the subject of Morocco, but add thnt the step taken Is of such a "delicate character" as to render it un able to publish details. PARIS, Aug. 27. Vice Admiral Phlllbert cables from Casablanca that all the Moroccan ports remain calm, that there has been no further fighting at Casa blanca, and that the French scouting par ties are not encounterlrg any resistance. SPECIAL TRIALF0R FARRELL Irish Nationalist Member of Parlia ment Held on tha rare of In citing Riot. LONGFORD, Ireland, Aug. 27. James P. Farrell, Irish nationalist member of Parlia ment for North' Longford, and forty others were arrested early this morning and are now being tried by a special court, convened for the purpose, on the charge of taking part In "an., unlawful assembly likely to cause a riot. Mr. Farrell had been holding meetings throughout his constituency at which exciting scenes oc nntlnnallHts and members of the Sinn Fein society. In addition many cattle have been driven from the grazing lands district, which the prosecution al iw vii encouraged by Mr. Farrell and other speakers. Large forces of police are being dispatched here, trouble being antici pated. Mr. Farrell Is th editor and proprietor of the Longford Leader, a nationalist newspaper circulating in the counties of Longford, West Meath, Roscommon and Leltrim, and is the. author of a "History of the County of Longford." At the gen eral election of 1900 Mr. Farrell was re turned unopposed from North Longford, succeeding Justin McCarthy, who resigned. AMERICAN MARKET THE BEST British War Offle Can Boy Horse shoes Cheaper Here Than In Europe. LONDON. Aug. ff. Tl.e British war sec retary, Mr. Haldane. , answering a question In the House of Commons this evening, announced that he proposed purchasing army stores In' America when h can get them- there eiay' as g or abetter than elsewhere, at mart-, satisfactory prices, without apologising to the local protec tionists, who insist that British firms should be given the preference, irrespective of price or quality. The matter wa brought up by Sir Howard Vincent, con servative and free trader, who SBked for explanations of why the war office ordered 100,000 pairs of horseshoes In the United States, for the use of the Frltlah cavalry, Instead of supporting British Industries and workmen. Mr. Haldane, In the course of his reply, said the American goods were satisfactory both as regards price and efficiency, and In the Interest of the economical administra tion of the army he declined to disregard this source of supplies. SHARP FIGHT IN AFRICA French and Moors Meet Near the Camp of General Drnrio. CASABLANCA. Aug. 27. A sharp en gagement between the French and the Moors took place yesterday afternoon about six miles from General Drud's i camp. A reconnolterlng party of Spahls came In touch with the enemy, who ! opened a heavy fire on the cavalrymen. The latter replliid with effect, but re treated under Instructions, with tho ob ject of attracting the attention of the French commander to the Moors' ad vance. Reinforcements with artillery were promptly forwarded to the scene of the fighting and the Moorish foroe was driven back into tho hills. No loss on the French side was reported. KAISER THANKFUL FOR PEACE Say. In Speech thnt Condition la Doe to Heaven nnd S words of Troops. BERLIN, Au$. 27. Emperor William, in replying to an address of welcome by the burgomaster of Hanover yesterday, said: "We have to thank the gracious dispensa tion of heaven and also the swords of our trusty troops that it has been possible to maintain peace so long." CZAR LEANS ON ST0LYPIN Expresses Hope that Premier's Work May Us Crowne-1 with Success. ST. PETERSBURG, Aug. 27.-In tele graphing congratulation to Premier Stoly pln, on the anniversary of the attempt to blow up the villa of the premier with bomba the Cxar said: "I offer a thankful prayer to- God, who saved your life that He may crown your work with success." PEACE IN CENTRAL AMERICA Efforts of United State, nnd Mexleo Have Proved Successful In South. CITY OK MEXICO. Aug. 27. It Is an nounced here that peace in Central Amerlsa . Is now assured through the Intervention of the United States and Mexico. Formal statements giving details will probably be Issued within a few days. SUM OF LCST MONEY SHRINKS Money Stolen In Robbery of Regis tered Mall Pourh la !ow Put at Only 2SO. CHICAGO. Aug. 27. Three ciphers have disappeared from the amount taken in the alleged 1230.0'jO mall robbery on the Chi cago, Burlington Sc Qulncy railway train recently. The official count of the lost money Is S2S0. Postoffice Inspector Kim ball yesterday received word from the offi cials at Denver that they had not yet found the thief or th. two mall pouches stolen, but that they had found that th. amount of money stolen was only MA MEETING PORTENTOUS GRATTAN COMES THURSDAY Eansaa Attorney to Take Testimony of Officials of Omaha. PULLMAN COMPANY IS CITED Jlnaflowe-r State Commissioner Ob ject to Cars Running Empty When Other Car on Train Art Crowded. TOPEKA. Kan.. Aug. 27. The Stata Board of Railroad commissioners today ordered the twelve railroad companies doing busi ness In Kansas to answer to the 2-cent fare complaint recently filed by Attorney Grattan, on or before Tuesday, September S. G. F. Grattan, attorney for the board, and E. C. Shiner, secretary, leave Thurs day for Omaha, where they will take the testimony of the railroad officials and offioers of the Nebraska board concerning the conditions existing in Nebraska, for the purpose of showing that conditions in Nebraska are similar to those In Kansas, and that the railroads of this state can as well afford to establish a 2-cent rate In Kansas as in Nebraska. Notice was sent to the Pullman Car com pany today by tho State Board of Railway commissioners that It Is the wish of the board that the Pullman company arrange matters so that the passengers may be admitted to and carried on deadhead Pull man cars at the usual Pullman rates In stead of sending these cars through on crowded trains, locked and empty. It Is likely that the roads and the Pullman com pany will resist such an order. LINES BUSY CUTTING RATES Transatlantic Companies Likely Soon to tilve Bargn' 1 Tleketa to Travelers. NEW YORK. Aug. 27.-Shlpplng men are watching with interest the trans-Atlantic steamship war. which continues to grow. Every day has Its developments now as one line after another cuts the rste. If the conflict keeps up much longer bargain hunters will get a chance to go to Europe on shopping expeditions at cheap rates. The causes of the fight are many and varied. The steerage rate war, which brought the trouble to a head. Is the direct result of tha refusal of one of the con tinental lines to permit the Russian volun teer fleet to enter the steamship conference and thus have access to the conference agent and the general business. The so called conference was established by agree ment among the lines for the purpose of settling dlffeierces, distributing business and maintaining rates. It has now col lapsed. Other alleged causes for the fight are th. entrance of tha new Cunarder Lusltana Into the competition, and the trouble which strated months ago over a protest by the German lines against the White Star line's minimum rate for steamers of the Arablo and Baltic class boats that draw the finest class of tourists, but for which the com pany demand from the other lines a dif ferential on account of th. slower speed of these steamer. John Iee. vie. presi dent of the International Mercantile Marine company. In speaking of tho trouble said: "There has been on understanding among the North Atlantic companies, but there was nothing binding, nothing to prevent them from doing what they are doing now. What the end will be is not difficult to forecast. After every company has lost about as much money as It feels it can afford, there will be meetings and conces sions and agreements without end." NEW YORK WILL BUY BONDS Lead In a- Financiers Behind Syndi cate to Purchase Tr Issne of Securities. NEW YORK, Aug. 27. The announce ment that the city of New York had de cided to ask for bids on September 10 for tho biggest bond offering ever made by the city created a stir in the financial dis trict. The bond issue amounts to 140,000, 000 and an Interest rate of 414 per cent Is offered to Investors. The financial district did not at first take kindly to the pros- j pect or such a heavy demand upon Its'... f,,. resources but reports quickly spread that;CCL0NcL many of the leading financial houses had Joined In the organisation of a syndicate to bid for the entire issue. This restored a feeling of confidence and the various attractive features of the Issue received more consideration. No deflnate statement could be obtained that the leading bankers had formed a syndicate to bid for tho Issue, but It was reported on apparently good authority, that J. P. Morgan & Co. and other financial houses were Identified with the plan. It was pointed out that banking Interest, realised that a failure of this bond sale after the Interest rate had been advanced to 4V per cent would be akin to disaster. For that resson it wss confidently asserted In many quarters In the ' financial district that the city loan wouM be a success because leading finan ciers realized that It had to be a success. AD MEN AJ CINCINNATI Third Annual Convention of Asso ciated Clubs Considers Questions of Importance. CINCINNATI. Aug. 27.-The third annual convention of the Associated Advertising Clubs of America opened Its sessions her. this afternoon with large delegations pres ent from all parts of the country. Each delegation has adopted numerous devices for advertising Its particular city and all declared themselves present for a good time and for the Interchange of Ideas. State and national regulation of adver tising was one 'of the most generally d's cussed topics before the convention wss called to order and President Aubuchon of St. Louis announced that he would later Introduce a resolution favoring such ac tion. Proposed ct.onges In the copyright laws also were under dvurlon. Tonight a river buat ride and reception at the Pen and Pencil club were the social features. FOUR ARE BURNED TO DEATH Hemmed In on All Sides. Tare. Women nnd Mia Die at Oklahoma r?lty. OKLAHOMA CITY. O. T.. Aug. 27 Searchlng for an exit from the death trap that confronted them and hemmed in on all sides, four persons were burned to death early today in a fire on Bast Grand avenue. Th. dead: lillian ray e. vbrg1e wai.lace. sadir ward, walter ward. Tha fir is believed to fcv. been of In cendiary origin, " AIM OF NEW TRAFFIC LEAGUE Its Members Will F.ndeavor to Cor rect Abuses Praettred by the Railroads. CHICAGO, Aug. 27.-The National In dustrial Traffic league, which was organ ised here August 2, will hold Its second meeting at the Great Northern hot-l at 10 o'clock Thursday morning. Its members will represent the leading shippers and receivers of freight In the largest trans portation centers of the United States. "The need of the present time In the In dustrial and transportation world Is a well defined movement toward education In tho business methods that will lead, In a mutual benefit, toward that co-operation which will constantly widen the field of possible success." said J. J. Lincoln, pres ident of the new league and traffic mana ger of the St. Louts Merchants' exchange. Wblle believing that by friendly confer ence with the railroads much good'for both them and the shippers may be ac complished, the National Industrial Traffic league proposes to present to the Inter state Commerce commission the practices of railroads which the shippers believe are unfair and which the railroads refuse to change. The league also proposes to secure amendments to the Interstate com merce law In cases where, in its opinion, it Is unfair to the shippers, and also to have the commission amend or rescind some of Its rulings which the league be lieves Imposes on shippers obligations which should be assumed by the railroads. Special committees of the league will meet tomorrow to prepare reports to be pre sented to the league In general session Thursday, on various matters to be pre sented to the Interstate Commerce com mission. "The coat of arms of tho National In dustrial Traffic league does not consist, as some folks have Imagined, of a bed slat held 011 high by a Hereculcs typifying the united shipping Interests standing over a prostrate railroad president," declared a local member of the league. "Our act Is to unite the shippers In de manding what Is fair from the railroads and to securue It by friendly conference, not by using a club. Disputes which we are unable to settle with the roads we pro pose to carry to the Interstate Commerce commission." TACTICAL POINTS IN ISSUE Smrr Makes Paclne Trip by Hardest Route in Order to Solve Problem. NEW YORK. Aug. 27. Congressman Er nest W. Roberts' of Massachusetts, a mem ber of the house committee on naval af fairs, who is here with fellow members of the committee. Investigating the needs of The Brooklyn navy yard, said that the trip of the battleship fleet through the straits of Magellan is for tactical reasons alone. "We have all read with Interest the dis cussion of the two routes." said Repre sentative Roberts, "now there Is not one of us who does not believe that the 8ues route Is both easier and cheaper, but tho navy wishes now to work out some tactical problems while we are at peace, problems that might become strategical ones in time of war. 'It Is best that they should go by tho hard route. If we wish to so designate It. Not nly will the ships be tried out on tho long runs, but the voysgn will determine some of our needs In the Pacific, particu larly In the way of coaling stations on the mainland. 1 have not the slightest doubt that Il.OfiO.OOO will be uped up In the Pa cific route. It will be costly, but If the naval tacticians wish to determine certain things, now Is the time." Representative Fobs of Illinois, chairman of the committee, made the announcement that the committee would probably ask for four more battleships at the next session of congress. He said: "We may as well make up our minds now that It Is neces sary to maintain a large fleet In the Pa cific. Our Interests are too great on that roast to do otherwise. "It is probable that the committee will ask for four battleships to be of more than 30,000 tons, and 2R.0U0 tons if practicable. Of course what the temper of the four hun- dred members It Is yet conjecture, but we feel that at least two great ships will be bullt." PROTECTS MARINE ; men, still boys, on being given their lib Man Who Shot Tormentors at Brook-1 erty departed for their respective homes. lyn Will Not Kow Be I rhey have been model prisoners. Ever Surrendered. j Bnce th8 Doy, were locked up friends hav j been at work for their release and finally ie.w TuKK, Aug. 27.-Colonel P. Sin- clalr Murphy, commander of the United States marines, on duty at the New York 1 navy yard In Brooklyn, declined today o surrender to the Brooklyn police Michael Marino, the marine who shot and wounded two men who were among a crowd which was Jeering at the marine last night. Col onel Murphy told the detectives today that he would not give up the accused without the .order of Admiral Caspar Goodrich, commanding the navy yard, who. he said, might have to refer the case to Washing ton. Colonel Murphy said that hoodlums have often Jeered at and stoned the marines on guard at the point where the shooting oc curred, and that Marino may have fired In self-defense, as he Is entitled to do under the regulations of the marine corp.. Marino Is under arrest in the navy yard. The vie tlma Are not fatally wounded. PASSENGERS ESCAPE INJURY St. Paul Train Strikes Loaded ley nt I. a Crosse and Om Man Is Hurt. Trol. LA CROSSE. Wis.. Aug. 27.-One man was dangerously Injured and sixty-five persons were badly shaken up and nar rowly escaped death when a St. Paul train crashed Into a street car on a crossing In North La Crosse today. A great panic ensued among the passengers and for a j ,lme il wa feared that many had been killed and ambulances and a corps of phy sicians were hastily dispatched to the scene. Tha bulk of the passengers, however, had miraculously escaped Injury. James Gas kell, aged 60, had both legs broken and crushed and was taken to a hospital In a serious condition. The other passengers received only scratches. TWO ARE KILLED IN IOWA Son of Hotel Keeper nnd Italian Workman Are Struck by trrs. MARSH ALLTOWN, la.. Aug. 27. -Clifford Atwood, the S-year-old son of the pio prletor of a hotel at Montour, fourteen miles east of here, wss Instantly Iilllcd by a Northwestern freight train at the Main street crossing. Palquadl Zella, aged 35 years, an Italian track laborer, who at tempted to rescue th child, was also In stantly kille TAFT IN A WRECK Train Carrying Secretary of Wai Leaves the Tracks in Kansas. NO ONE HURT IN ACCIDENT Switch Flies Open After Engine and Baggage Cars Pass. SECRETARY AIDS PASSENGERS People Shaken Up and Train Delayed Three Hours. CHANGE OF PROGRAM FOLLOWS Cabinet Officer Holds Public Reeep-' tlon at Hotel in Plnce of Drlvlna- Over the City Boulevards. KANSAS CITY. Aug. 27.-Passenger train No. 109 of the Frisco road, carrying Secre tary of War William H. Taft, was wrecked at S p. m. near the depot at Spring Hill, Kan. None of the passengers or trainmen was hurt. A switch flew open after th engine and baggage car had passod them. Th. mill car was derailed and dragged 500 feet over the ties. The passengers were shaken up, although the train was running slowly. Secretary Taft aided In rescuing timid pas sengers. Secretary Taft was enroute from Spring field, Mo., to Kansas City when the wreck occurred. His train was due her. at 6:30, but the wreck delayed him three hours, ne cessitating a change In the plans for hi. entertainment here. An automobllo tour of tho boulevards of the city was abandoned and a public reception at the Hotel Balti more whs held at a later hour than tha time first scheduled. United States Sen ator Warner and other prominent Missouri republicans were In the Taft party. Spring Hill Is twenty-five pities south west of this city In Johnson county, Kan sas. Tn Dinner Pnll Luncheon. FORT SCOTT. Kan.. Aug. 27. Secretary Taft was given an unique reception when he passed through Fort Scott. A commit tee of citizens, bringing a luncheon In a massive tin bucket met the train at noon. The bucket, constructed strictly after the style of the laboring man's dinner pall, with cofTea cup on top, tray, etc., would hold six gnllons and was made to typify tho "full dinner pall" campaign. The pall bore the Inscription "Fort Scott, Taft 1908" and was presented to the secretary, who received It with rare good humor and ate with evident relish tha splendid luncheon It contained. STUDENTS GIVEN LIBERTY Confession" to Setting; Fire to Uni versity Bnlldlnits, Served 'Term In Prison. SIOUX FALLS. Aug. 27.(Bpecla!.) Two young men were given tlielr liberty from the SIouk Falls penitentiary on Monday of this week who hav. had a unique experi ence. They were R. G. Uuschwller and B., S. Jordan, two former South Dakota university students. About three years ago; there was a number of fires In Vermilion. One of the buildings of the State univer sity was destroyed and a number of old shacks in the city proper were also burned It was the general impression that the fire, had an Incendiary origin, but suspicion never nolnted to anyone In particular. j About two yeara ago the city of Ver- mlllon was considerably aroused over rumor that two students at the university had confessed to setting the fires. During a series of revival meetings Buschwller and Jordan were converted and after a num ber of conferences on the subject between themselves they decided to make a clean confession, which they did. They were taken Into the circuit court, where they pleaded guilty and were sen- l..,.J flit. In l,a nAnlt.nH.rv mnA ! WPre brought to Bl0UE Pa, nd lo(Ujei , i . hB m.neritlarv on the 6th day of Aorli. 1906. After serving sixteen and half months thev were released throuah a nar- lon by Governor Crawford. The two young were successful. NELSON MORRIS IS DEAD Chicago Packer Pnasea Away In Chi cago After Illness of Sev eral Weeks. CHICAGO, Aug. 27. Nelson Morris, th well known packer of this city died todsy aftor an Illness of several weeks. Mr. Mor ris was a victim of heart disease compli cated with kidney troubles. Nelson Mor ris was born in th. Black Forest, Germany, In 1810. He came to this country when eleven years of age, landing In Philadelphia without a cent of money. His first work was at Lakevllle, Conn., where he hattle coal for (5 a month. Later ha worked hi way to Buffalo on a canal boat and from thero walked to Chicago. He went to work In the stock yards here for IS a month th ; first year. His first packing house was ! opened in 1S62. Ever since that tim. h , had been prominent In tha packing Indus tries and his fortune at th. tim or nia death was estimated at many millions. Mr. Morris was one of the pioneers ot the great packing Industry, on. of th great triumvirate consisting of O. F. Swift, P. D. Armour and Nelaon Morris, h. being the last survivor of the trio. It was through these men the packing Industry received lis highest development, and ex pressions of regret at Mr. Morris' death were general In South Omaha packing circles. TROUBLE OH A WARSHIP The Officer nnd Men of th Raleigh Want Shore Leave at Honolulu. HONOLULU, Aug. 27. Tha officer. an4 men of the United States cruiser Raleigh complain of having no shore U'av. for th past two months. As a result ther haf almost been a mutiny on board and tin coaling of the cruiser has been delayed. WASHINGTON. Aug. 27. No advloei have been received at th. Navy depart ment concerning tho report of threatunee! mutiny on board the cruiser Raleigh, now stationed at Honolulu. It la sild. her that any difficulty concerning shirt leave or any Interference with th coa! Ing of the vessel would b. SIU4 by tb commander. i . W I