The Omaha Daily Bee
Vol. XXXVII NO. 17;
OMAHA, FRIDAY MORNING. JANUARY 10, 1908 TEN PAGES.
SINGLE COPY TWO CENTS.
SIGNAL CORPS BOOST
Burkett Introduces Bill to Increase Its
t. Size and Importance.
HAS APPROVAL OF DEPARTMENT
Pats it on the Same Footing ai the
Artillery and Infantry.
OMAHA TO BE CHIEF '1
Jongressman Hepburn to Fa.
Similar Measure in House.
OBJECTIONS TO GRAZING BILL
Meadell of Wjomlusrr Chairman of
Itaase Committee on Pabllc
Land, Ailt(Oalir the
Birktll Mtwart.
(From a Staff Correspondent )
WASHINGTON. Jan. .-S.ci1al Tele
tram.) Following out wtiat has become
Jeep-seated conviction on the fart of rn
tor Burkett and officers of the War de
partment that the signal corps of the army
Ihould bo plaoed on an equal footing with
'.he artillery and infantry the senior se-iator
rom Nebraska today Introduced an Impor
tant measure which more than doubles
'.lie preaenl size of the present egnal c:rps
srganlzatlon. For month Senator Burkett
haa been In close conference m 1th Secretary
Taft and Brigadier General James Allen,
chief of the signal corps, looking to the
enlargement of the organization and the
result of three conference is the bill Intro
duced by Senator Burkett. Should It pans
It will make Omaha the greatest signal
station in the Vnlted States, which will
become th headquarters for the Increased
organization. The secretary of war and
the War department. It is understood, are
In hearty sympathy wtih the masuure,
which ta as follows:
The signal corps of the army shall consist
of one chief signal officer with the rank
of brigadier general, four colonels, four
lieutenant colonels, twelve majors, thirty
six captains, thirty-six first lieutenants.
thirtv-ix second lieutenant. Kw master
electrkisns, 300 first clss sergeants, ."Ml
si-igean's, 3tf) corporals. 1.20 first class pri
vates, Juu privates, sixty cooks. forty-eight
farriers and blacksmiths, twenty-four sad
dlers, twenty-four wagoners, forty-eight
trumpeters, and one band as now author
ized by law for bands of cavalry regiments,
and each grade shall receive the rank, pay
and alliwaDcea aa now provlned by law.
Provided. That the chief signal offW-er
of th army ahall be appointed as now pro
vided by law, and vacancies thus created
shall be filled: Flint, by promotion of of
ficers holding permanent appointments In
the signal corps, according to seniority,
after examination a now required by law;
and second, by details to the signal corps
from the army at large, from any grade
In which a vacancy exists, or the grade be
low, provided that officers so detailed 'n
the grade below that of major shall not
be again be eligible for such detail until
they shall have served for at least one year
away from that oorp.
Provided, further, that the signal corp of
the army shall be organised a may be di
rected by the president of the United State
':. and officer and enlisted men assigned to
-4 duty with troop ahaJl. when so especla'.ly
dearigwatad by lb peessletent, constitute part
of the line of the army.
Congressman Hepburn of Iowa wl'l have
. charg of a similar bill In the house, the
Intention Of the senator and representa
tive bet;; to push the bill as rapidly as
possible, Its importance warranting early
consideration.
Tearhlas; of Aarrlcaltnre.
Senator Burkett Introduced today a bill are active. Fag 1
to provide for th teachiug 'of agrlcul- ! Attorney general rule merchandise in
ture. home economics and manual train- express law means all kinds of goods and
lnr In normal school of the Vnlted )M not lunlted by company classiflca
Htulea. The measure was Introduced by ' (j,,n Far 3
the senator In the Fifty-ninth congress
and has been Indorsed by the National
Educational association, which Is now
actively working for the passage of the
present bill. The department of super-
l ri iffiiutriit-v vi 1 c auuuai buuisiivua i
association 1. to meet In Waahlnrf-.on on
February it to present the matter to
.l.e.r Br..-vv... r. ee v.. v. . v. e..-
Uurketf bill.
Barkett .Name (Cadet.
Senator Burkett haa recommended Ed
gar Allyn Russell of Lincoln to be a
vadet at Annapolla. Ha has an opening
for three young men to be appointed as
alternates.
Opposition to t.rmalna Bill.
Senator Uurkett's glazing till Is going to
encounter strong opposition before It be
come a law, if ever, as now framed up.
Congressman Mondell, cbalrn.ai of the
public land commlitee of the house, said
that the people of Wyoming were opposed
to the Burkett measure; that there were
only two newspuper In the state favorable
to the range control Idea, and that the
newspapers were openly In tippvikiuon lo
the, Burkett bill. "The people or Wyum-
1 A ' .. j VI ........ 11 ''... 1 ...i.i . 1 .
HIS, 14 . MWUUI II, IIVl Will J iiiillivv
the theory of Senator liurkett'a measure.
but the details as worked out. In my
Judgment the Burkett bill violate the
fundamental principles of our land policy;
that Is. a It relate to range control. The
thoury upon which the public land policy
Is baaed Is that the government at as
truatee of all the people In the distribu
tion of th public lands fur the nation. 1
Thl Idea Is embodied In the thought thut j
ultimately the national government will 1
bay passed all the land Into private own- j
t-rShlp and will then cease to be a land-
lord. During the period In which the land j
Is gradually passing Into private owner-
ship, unentered land should be kept open j
for free access of all who drslre to enter. I
utilize or settle upon tl.em. Any leglsla-
tlon or any policy that doesn't allow th ,
freest and fulleat access must necessarily
discourage settler.
"Better raage control caji only be Jua
tiflt'd on the theory that In certain port onj
tif the country all the remain, ng land are
fit only for grazing purpose and their
use can b" permanently regulated by the
illc control of the general governu.ent.
The fct Is Uiere Is no pnrt of the public
...main except p isslbly .rm.ll areas here
n i there that are pcrnum ni grazing I
land. eW are learning through dry farm- I
inn to grow crops in regions where here-
t..r.re u h.s been thought Impossible to!
carry on cror. ri-oducllun. Small an as of i
land are being brought under most ef
fective cultivation through Irrigation and
by processes nf reel a mat Ion portions of the
I ulillo lands In every section ar- being
saved to the homesteader and the sull
cultuiist by' new and modern method of
land trvaimert I'nd.-r the.' circumstance
It iH-em to me the height of folly to pas
a bill looking to police control of the public
domain on the part of the general gov
ernment and I for one will be atalnet It."
Aatloas tbcat Javk Uadvi.
SAN FRANClSm. Jun . -Frit nds of
Jark !y union, the autboi. feel tineary over
hi failure to arrive at the Marquesas Ut
lanrtn. whl.-ti be in rertel to reach
esrly In Devembcn lAjruboi and party b-rt
Hllo. Jtanail. October T laat In la boaL
the Rnark. for UmM, aJ l about a
aia rrrdal
SUMMARY OF THE BEE
Friday, Jannnry 1. I HON.
19G8 iu;tEr 190$
scs: May JiZ. "I'a ' tft 32
-.r r- r 2 3 4
5 6 Z 8 90
2 13 4 J 6 rt 6
'9 20 2 22 23 2 25
12Z 28 29 30 3 -
TSI WI4TSIX.
MAMA. ror.STH, M.I'FFS AND
Fair and cooler Fr1iav.
Bh ASK A Fair and cooler Fri-
Tartly cloudy Friday;
lorth port tons,
.at Otn:iiiH yesterday:
cooler
Hour. rrg.
6 . m 2A
i a. m 24
? a. m "1
k a. m W
9 a. in &
10 a. in at
11 a. in SI
12 m 35
1 p. in o?
2 p in 39
3 p. m Sfl
4 P. m :
6 p. in 39
p. m 39
7 p. m W
5 p. m ST
! p. m X
DOMESTIC.
Serretary Taft. In reply to request from
secretary of Ohio Federation of Labor,
ha stated his views on the use and mis
use of Injunctions. Fag X
Federal circuit court has decided that
former Carialn Carter Is riot entitled to
J4"0.0r In securities supposed to repre
sent part of the money embezzled from
government by means of fraudulent con
tracts. Far a
One more Juror was secured for the
Thaw rase yesterday, making seven In
all. Among the men rejected was one
who said he had never heard of t lie case.
Fag 1
restrict Attorney Heney at fan Fran
cisco denies that any of the graft cases
are to he dropped. Fag 1
Senator Hale Introduce a bill which 1
expected to put an end to controversies
and practically reorganize the navy.
Far a
Trustees of Bath Soldiers' Home make
a strong plea for the canteen. Far 1
Fred Dennett of South Dakota has
been nominated commissioner of the gen
eral land office to succeed Ballinger. re
signed. -Far 1
New Tork clearing house will meet
Monday to decide upon admission of trust
companies to the association. Fag 1
It 1 rumored at Washington that the
suit agalnHt H. H. Harrlman, Involving
the Vnlon Pacific-Southern Pacific rela
tions, will be brought at Salt Lake City
within the next thirty days. Far X
Report that Insanity complaint against
Mrs. F.ddy had been filed by her son 1
denied. Far
Bill for a bridge across the Missouri
river at or near Council BluMa passos !
the house of representatives. Far 1 1
uiiiiiamcn hav hun ordered out 1n I
Kentucky to protect the tobacco barns at !
Lebanon, sly. Far 1
FOmczoir.
Women automobile cab drivers In Ber
lin quit because they are physically un
able to stand the strain of the work.
Far 1
Rioters have burned Protesant mission
property In China. Fag 1
JTEBKABXA.
Rurkett's enemies In Lancaster county
Formal call for republican convention
Is issued. Far S
Burlington road refuses to pay for in
spection of oil brought In for Its own
use aild not intended for sale.
Far a
t XOC A !
Thp (n thp )an(1 fraud cas DrnK
)n Vfrdlft of gultJ. BalnBt Ye8gt and not
gumy aBa(n,t Sutton.
rags 3
Directors of the Commercial club meet
and select officers for the ensuing year.
Far 6
j Bar . ssoclation goes on record In favor
1 of more Judges on the supreme bench
j and larger pay for the occupants of the
1 office. Fag
! Omaha boy at the Kearney Industrial
school writes his mother that It has been
a good place for him and that he Is
learning the .printers' trade. Far 3
COMatXKCIAX AJTD XJTBUSTBXaJ.
Live stock market. FrT
Grain markets. Far T
Stoc ks and bond. Faff 7
MOTEHXXT8 OF OCXAsT STZA1CSK1FS.
Pert.
NKW YORK
St.IV YORK
NKW YORK
ItiWTOS .. .
Arrl
..gevitllti
..MuLj ... .
..Uohrir.iaa
..Phllxlelphla
Sal let
.Finland
.fitAitaadam.
Madtnns
.Cymric.
Irarela.
MlHllF.
K. P. .'! I.
B f TON
J 0.1 p f VSTOW V
1 fovthampton
Snt TM MPTON.
NAPLES fllnnia
; LIHAI' khraon
I'HRISTlANIA ...boilillana
TR1KMTIC
' 11 AM HI KU Precdent Grant
Sofia Hchanburg.
BY WIRELESS.
I Cape Race La Lorraine, lwi miles est at
I S Ji, p m . will reach New York at I a. m.
, Saturday.
STRONG PLEA FOR CANTEEN
Soldiers' Home Trustee fapporta De
mand on t'onareaa, with A an e r -tlon
it I Necessity.
BATH. N. Y.. Jan. Resolution ask
ing congress to restore the canteen have
been paused by the trustees of the Soldiers'
Inmates of the home.'' said Major McCon
one of the trustees, said the re-establlsh-ment
of the canteen was an absolute neces
sity. "It will prevent diunkennes among the
Inmate of the home." said Major MsC'on
nell. "At pn sent the old men obtain
liquor In other places. Intoxication results
,f ' coulJ " 'I'Ply them with pure be-r
nJ M, ,hey oul'' "main on the grounds
nd w coulJ nHV, ,l,cm u,',ler control all
,n ,,,r,e-
"T,1 "lo,n 11 " it the army,
OI1 "K,!,,r drink, and If they cannot
get good liquor, they will take bad liquor.
This cannot be prevented and the way in
obtain th best result I to establish a
drinking place uml. r the supervision i f
the officer of tlie Institution."
There are !. old men In the Bath
home.
CLEARING HOUSE TO MEET
stain af Tract (ampanle ta Be De
rided a MeetlaaT to Be Meld
Monday la Xew York.
NEW YORK. Jan. The clearing house
committee decided today to call a meeting
of the entire association next Monday to
determine whether to admit trust compan
ies to csmberahlp In th association of
bask saw -com poa trig tha drlcr iouia.
SCHMITZ CASE IS REVERSED
Court of Appeals Sets Aside Judgment
in French Restaurant Case.
EXTORTING FEES IS NOT CRIME
l.lqaor License ot Property
Threat to Withhold It or Take
Money for Not Doing o Not
Violation of I. aw.
SAN FRANCISCO. Jan 9-The district
court of appeals today handed down a de
cision setting Hslde the judgment In the
case of foimer Mayor Eugene E. Schniitz,
convicted of extottlon In the French res
taurant cases. Abe Reuf also benefits by
the ruling of the upper court, for, accord
ing to Its derision, he pleaded guilty to
an art that was no offense against the
laws of the state.
According to the appellate Judge th
compelling of French restaurants "o pay
big "fees" to Abo Ruef ws not a trim,
even though :Rucf divided the. 'fees'' with
the mayor.
After discussing the point the court re
vereeel the Judgment Hgainst Schmltz on
the ground that no acts constituting a
crime had been proved against him. Abe
Ruef. who pleaded guilty to extorting
money from the French restaurants, ia
therefore equally guiltless.
Points In the Decision.
The gist of that portion of the decision
relating to the allegation that there wa
no threat to Injure property Is contained
In the following sentence:
There is no allegation as to any threat
to injure anv busLiiess In direct terms, but
only toe threat to prevent the rartles from
obtaining a license to sell liquor.
A license to sell liquor is not property
in the ordinary sense of the word, says th
court.
In treating of the second contention of
Schmltz' attorneys that there was no
threat to do unlawful Injury the court de
clares that:
"We are clearly of the opinion that the
Indictment Is insufficient because It does
not allege or show that the specific Injury
threatened was an unlawful Injury." It
Is not an unlawful act, reasons the court,
to threaten to hold up the licenses of the
restaurant keepers or actually to do so.
'Any one," reads the decision, "has the
right to go before the Board of Police
Commissioners, If that body will hear him,
and object to the granting of license to
sell liquors to a person who is keeping a i
place in violation of the law. He has th
right to threaten to do so. He would not
be morally Justified In obtaining money to
Induce him not to carry out his threat, but
If he did receive money under such circum
stances ha would not come within the pro
visions of the statute. It Is necessary to
crimes to' allege that the act was unlaw
ful." The concluding paragraph of the decision
reads as follow:
1 Many other questions are discussed as
to refusing certain instructions ashed by
the defendant and a to the insufficiency
of tha avldence to Justify the verdict, but
In view of the holding as to the Indictment
it would serve no useful purpoae to ai
cuss them. The Judgment and order are
reversed and the trial court 1 directed to
sustain tha demurrer to the. Indictment and
to discharge th defendant as to such in
dictment." Wipes Cat French Cases.
The decision wipes out the French res
taurant cases and pending charges of ex
tortion against Schmltz and Ruef must be
dismissed. . Both are now entitled to re
lease on ball. If they obtain the neces
sary bondsmen they can remain at liberty
until such time as a Jury finds them
guilty on one of the Indictments charging
them with receiving bribes from corpora
tions. Owing to the number of cases
against them the ball, figured at 110.000 a
case would reach an enormous figure.
The Judges of the court which rendered
the decision In favor of Schniitz and Ruef
are J. A. Cooper, Frank H. Kerrigan and
Samuel P. Hall.
The news of the decision of the appellate
court declaring the Indictment of ex-Mayor
Schmltz for extortion Invalid spread rapidly
over the city, causing consternation In
some quarters and delight In others. The
effect of the decision will be Immediate re
lease of Schmltz from the county Jail,
where he has been confined since his con
viction on the charge of extortion In the
French restaurant cases
District Attorney Langdon said Schmltz
and Ruef will be prosecuted on other
counts that are public offenses. Langdon
and Heney are in consultation this after
noon and will probably decide upon some
line of action.
ROAD BUILT WITHOUT BONDS
Only One la Spanish America
t.oalemalan, Jal 'ow
Completed.
MOBILE. Ala., Jan. 9 Major General
Davis of the Vnlted States army, who will
represent the Vnlted States at the opening
of the Guatemalan Northern railroad, Janu
ary li, will sail this afternoon for Puerto
Barrios.
Several days have been set apart for the
celebration by order of President Cabrera.
This Is probably the only road In Spanish.
America built without a bond issue. The
government had not been able to subsidize
in any way. and its builders. Sir William
Van Home and Minor C. Keith of New
Orleans, have advanced all the funds for
Its construction.
OCEAN PASSENGER RATES CUT
White star Mae Take the Lead and
the Canard Hay It Will
Follow.
.LIVERPOOL, Jan 9-The White Star
line today announced a rejjetion In Its sec
ond and third class passenger rate from
English ports to New York and Boston.
Thl step Is taken because of the traffic
which has b-en deflected from the v sael
of till line by the I.usltanla and Msure
tania and to the refusal i.f the Cunard
company to coniede differential rates for
vessels of the Baltic class The second
class fares are reduced by from Pi to $7.50
and the third class fares by from II to S.
The lunard company Immediately tald
that It would meet the cut.
WESTERN UNION GIVES IN
Take glepa ta Comply- with Corpora
tion Law of state of
Mlaavonrl.
JEFFERSON CITY. Mo., Jan. S -The
Western Vnlon Telegraph company today
filed with the secretary of state an appli
cation for a certificate of Incorporation ti
do business In Missouri This Is a rtsjlt
of the suit Instituted by Attorney General
Hadley to compal th company to- comply
wllb, It atata Jaw.
NO GRAFT CASE TO BE DROPPED
I'ranrl J. Heney Serve Notice that
All Fare a Trial
t'oart.
SAN FRANCISCO. Jan. 9. Francis J.
Heney. who as assistant district attorney
has had charge of 4hc San Frarirlwo ,
bribery and graft cast, arrived here to
day from Washington, where he went to
confer with President Koosevelt. He made
arrangements for the continuance of the
trial of Patrick Calhoun, president of the
1'nlted Railroads, oil the charge of
bribery, until he returns from the north.
Heney will leave tonight for Portland
to commence the trial of former Vnlted
States District Attorney Hall of that
city, who is accused of being involved
In the land frauds.
"I have never dropped the prosecution
of a case In my life, as thoee who .ire
under Indictment In the bribery graft
cases will learn when 1 return.'' said
Mr. Heney when told of the reports that
Tlerney I.. Ford, general counsel for the
Vnlted Railroads, would not he brought
to trial on the other Indictments ugainst
him and that the prosecution of Patrick
Calhoun would he dropped.
Speaking of the open letter of Senator
Fulton of Oregon, calling upon Heney to
prove the charges made against him. Mr.
Heney said:
"Many of the facts against Fulton will
come out In the trial of Hall and the
senator will learn more than he may
wish."
Abraham Ruef appeared before Judge
Frank H. Dunne today for sentence In the
case of extorting mney from a French
restaurant r-roprirtor. Pronouncing of
sentence, however, was postponed for two
weeks.
MOVE IN EDDY CASE RUMORED
Report Insanity ypbeea-d In as Have)
Been Brought, bat It Lack
Con Urination.
CHICAGO, Jan. . The Chicago-Record
Herald today says: A sensation ha been
caused In Lead. 8. D., by the filing of a
petition In the district court by George
Raker Glover, asking that his mother, Mr.
Mary Baker G. Eddy, bead of the Christian
Scientists, be examined as to her sanity
The action, It states, follows the alleged
telegraphic refusal by Mrs. Kddy to effect
a reconciliation with her sun planned to
take place In Boston and a letter In which
his "next friends" actions were bitterly
scored and In which Mr. Eddy stated that
under no circumstance would she see or
have anything whatever to do with her
! western relative.
LEAD, fi. D., Jan. . Mary Glover,
daughter of George, said her father and
mother left Lead In a buggy early this
morning for the country. She docs not
know their whereabout nor when they
will return. She Is non-committal and eva
sive. Probata Judge Bennett of Dead wood.
Glover local attorney, say he knows
nothing, but ha heard rumor. He say
If suit has been filed it must be In New
Hampshire.
CONCORD, N." H., Jan. 9 No applica
tion to have Mrs. Mary Baker G. Eddy
brought before a commission In lunacy Is
pending In the courts of this state.
FORTY DROWNvlNOUGH SEA
raanenaer on Steamer In gtornt Are
l.oat Ship Have- Hard
.inlllnar.
TARIS. Jan. 9 The storm on the English
channel, along the west coast of Europe
and on the North African coast. Is still
raging and many fishing boats already
have been lost.
A dispatch received here from Tangier
says that two native passenger boats found
ered off El-Araish. Morocco. Forty per
sons were drowned, Including some Euro
peans. NEW ORLEANS. Jan. 9 Communication
with the mouth of the Mississippi river,
near whiqh the Southern Pacific passenger
steamer 'Creole went aground last night,
was Interrupted early today. Local South
ern Pacific officials say that the steamer
Is In n danger. The Creole left here yes
terday for New York.
' HOVINCETOWN, Mass.. Jan. 9. The
r. battleship North Carolina, which put
Into this port Tuesday night because of
stress of weather, while on a twenty-four
hours' endurance run. sailed this morning.
RIOTERS BURN THE MISSIONS
Disorder In Che Klansr Province End
in Destrnetlon of Protestant
Property.
SHANGHAI. Jan. 9 Rioters at Kla-Hslng-Fu
In the province of Che Klang,
have burned the protestant chapel and
school. The official residence of the local
magistrate was also destroyed. The for
ts 1 eigner at Kla-Hing-Fu are safe. There
has been considerable unrest recently In
this province, but the disorder have been
directed principally against the dynasty.
Th Presbyterian church has maintained
a missionary establishment at Kia Using
Fu since l&G. In l&U there were three
missionaries aid their wive, one woman
missionary and several native workers at
the station, which consisted of two places
of worship, three day schools, one board
ing school and on dispensary
The town, which is a commercial center,
is situated on the Grand CaDal.
FIFTEEN OF SHIPS SIGHTED
Plainly Seen from Shore ai
quadron Passe Per
namboco.
the
RIO JANEIRO, Jan. 9. New came to
day from Pernambuco that when tho
American fleet passed there at noon yes
terday, bound south, fifteen battleships
could be distinguished from the shore.
The German cruiser Bremen has arrived
here and the American collier Aberanda
haa been here awaiting the fleet since
January 3.
Captain Deichoff of the Russian navy,
who commanded the cruiser Gromobol dur
ing the Russo-Japanese war. has come to
Rio Janeiro for the express purpose of
witnessing the arrival of the American
battleships.
MATIN AGAIN MAKES PEACE
Pari Newspaper Announce that
I altrd Stale and Japan
Will Vol Fight.
PARIS. Jan. 9 The Matin today, refer
ring again to the Amerlran-Japanee sit
uation, declares that President Roosevelt
spok to a diplomat In Washington a fea
day ago In the following words:
"All will be arranged In the molt satis
factory manner. The last memorandum
received from Japan wa exressei In th
most conciliatory term, and there ta Dot
tha aUrhtest apgreaacalanoi' o orifllrs'.
BCRRE1TS ENEMIES RUSTLE
Lancaster Opponents of Senator Get to
Work Early.
DOBBINS GOES DOWN
1041
TAFT
Lincoln State t ssinlltremsn tiete
Himself oa Record After the Roll
Call Had! Dlscloeed Feeling
of Other Member.
(From a Staff Correspondent.)
LINCOLN. Jan. . tSpeclsJ.) With
the exception of the hotel men there la
very little regret expressed here that the
republican state convention Is to be held
In Omaha Instead of Lincoln. The poli
ticians place all the blame on the two
committeemen from Lancaster county for
not being able to corral a majority of the
committee, but the removal of the con
vention from Its old stamping ground
haa practically been lost sight of In the
arrangements of the preliminaries for a
big fight In this county over the selection
of the delegation to the state conven
tion. On the personnel of this delegation
depends whether Lancaster county will
present the name of Senator Burkett to
the convention as a candidate for dele-gate-at-large
or whether It will present
some other name. If the opposition to
Senator Burkett can agree upon a man,
the fight will start t once and It will
be wide-open. Among those who have
been discussed by the opponents of Sen
ator Burkett to measure swords with him
are Judge Allen Field, Judge Lincoln
Frost. 11. J. Wlnnett and today W. B.
Rose was mentioned. The last-named was
used by the opponents of the senior sen
ator to prevent him from going as a
delegate to the last state convention.
Dobbins Gets oa Record.
Some of th politician here are criticising
their committeemen for not voting last
night when a preferential vote wag taken
for president. Harry Dobbins and his
proxy and spokesman, C. O. Whedon, left
tthe room at the time the roll was about to
be called. In company with Frank Harrl
son. Sir. Whedon not getting out until
after some names had been called. After
the vote had been taken and the result
had been announced. 28 vote for Secretary
Taft and one for President Roosevelt, Mr.
Dobbins returned to the room, went to the
secretary and had himself recorded for
Secretary Taft. Thl wa after Bud Llnd
sey had called out that ho wanted Lan
caster to be called again and its repre
sentative to cast a vote.
While the committeemen who were stJll
herethl morning expressed their entire
satisfaction wtlh the work done last night.
Dobbins of Lancaster county was real
huffy when he went home because the
committee turned down the primary plan
of C. O. Whedon and announced that he
had thoughts of resigning from the com
mittee. He was asked this afternoon If
he Intended to carry out his threat and
he replied that ha did not Intend to resign
and could not be forced to resign.
Committer la Ready.
Chairman Hay ward said he had no Idea
how many of the counties would ask for
hallota upon which to cast a vote for presi
dent, as non at the county chairman had
communicated with him, but that th com
mittee would be ready to furnish tha neces
sary supplle when any county makes ap
plication. It Is a question whether Lan
caster county will hold a primary and
there may be a fight over the proposition.
This qounty has In the past selected its
delegates at primaries, but whether the
county committee wll care to- go any fur
ther .than that cannot be determined until
the committee meets.
BRIDGE ACROSS THE MISSOURI
Bill for One At or Near Connell BlnrT
x Passes Hons of Repre
sentatives.
WASHINGTON, Jan. 9. The house today
passed bills authorizing the construction
of bridges across tha Missouri river at or
near Council Bluffs, la., and across the
Mississippi river at Burlington, Ia.
When word reached Omaha Thursday of
the passage of a bill by the house for an
other bridge across the Missouri river little
was known as to the nature of the bill.
Some business men thought H was the
resurrection of a bill Introduced by Con
gressman Smith of Council Bluff some
years ago for another bridge across the
Missouri north of the Douglas street bridge.
This bill passed the house, but wa killed
In the senate through the efforts of Sena
tor Millard, who claimed he could see noth
ing back of the bill except a scheme to try
to sell the franchise to some big corpora
tion. A charter Is In existence for a bridge
across the river east of South Omaha. It
has been expected the promoters of that
scheme would ask for an extension of their
franchise.
Considerable ground was bought up some
time ago between Manawa and Council
Bluffs and It was thought at the time this
land was to be used by some railroad com
pany for an approach to a bridge which
misht be built under the franchise for the
bridge across from South Omaha.
TAFT CLUB IN NEW HAMPSHIRE
Favor Readlngr an I'npledged
Delegation to Convention,
However.
CONCORD, N. H . Jan. 9. About IV) re
publicans of this state met here today and
formed tha Taft Association of New Hamp
shire. Former Oovernor Frank W. Rollins
was chosen president. letter were re
ceived from Vnlted 8tate Senator Gal
llnger and Burnham and Congressmen Cur
rier and Sulloway expressing disapproval
of the meeting on the ground that it was
unwise for the party to declare at this
time In favor of any candidate. Many
other letter were read endorsing Secretary
Taft.
A resolution favoring a continuance of
New Hampshire system of sending un
pledged delegate to the national conven
tion wa adopted.
WOMEN DRIVERSCEASE WORK
I nable lo gfand the Strain of Driving
Aata Cab In Oeraiaa
Capital.
BERLIN. Jan. 9. The hort career of the
women auto cab driver ln Berlin already
has come to an end. Today the only
woman who wa licensed to drive an auto
mobile retired because she did not yossess
sufficient endurance to withstsnd such
arduous duties. Taenty other wonier., wlm
for some months past have been learning
to drive, felled to satisfy the police re
quirement for the granting cf license.
Th cab eompeolea ihow no disposition to
r.gga any mora- Jwomen,
ONE MORE JUROR FOR THAW
Amona Men It ejected I One
Said tie Had eer Heard
f Case.
VA ho
NEW YORK. Jan. 9 One new sworn
Juror was added to the Harry' K. Thaw
trial panel today, making seven In all se
lected from the 4'i talesmen summoned
since the beginning of the second hearing
on Monday. Another panel of lXi will re
port tomorrow morning. Justice Dowltng
has announced that he will hold court 011
Saturday if necessary to complete the Jury.
At the time of the luncheon recess today
the box was filled with six permanent and
six temporary Jurors, but peremptory chal
lenges swept all of the provisional men
away. Just before the adjournment hour
at 6 o'clock, when today's venire had hce.i
exhausted, five temporary Jurors had again
been selected to fill the back row vacancies.
But once more the arbitrary challenges
were brought into play nnd all but one
of the men on probation were allowed to
go. The sole survivor of the day. who took
his place as trial Juror No. 7. was William
F. Doollttle, chief clerk In the auditing
department of the New Tork Central rail
way. The rate of progress was not grat
ifying either to the prosecution or defense
and better things are hoped for tomorrow.
At the close of today's work the prose
cution had employed fourteen of the thirty
challenges allowed by law and the defense
had expended nineteen. The court can, in
Its discretion. Increase the number of
challenges allowed either side and last year,
at the first trial. Justice Fitzgerald did so.
Patrick McCue, a hat manufacturer, fur
nished the only bit of color to the pro
ceedings today by declaring that he had
never heard of the case. Consequently he
had no disqualifying opinion and was
placed on the temporary side of the trial
panel, only to be excused peremptorily later
on.
Just before the beginning session of the
trial today Attorney Daniel O Rellly
announced that subpoena for the defense
has been served on Miss Edna Goodrich,
the actress who Is playing here this week.
Miss Goodrich failed to appear In response
to a subpoena last year. Mrs. Evelyn
Neshlt-Thaw on the stand at the first trial
declared that It was Miss Ooodrlch who
first Introduced her to Stanford White and
took her to luncheon with Mm.
A messenger from Mr. Rellly's office sat
In the audience of the theater .where the
young actress Is playing all of yesterday
afternoon and last night and finally served
the subpoena In person. It was Intended
to serve the subpoena after the matinee,
but Miss Goodrich had dinner served In her
dressing room.
SUIT AGAINST E. H. HARRIMAN
Aetloa lo Be Commenced af
Lake- City Within- Neat
Thirty Day.
Salt
WASHINGTON, Jan. It is now con
fidentially expected at the Department of
Justice that suit will be begun within th
next thirty days against E. H. Harrlman,
involving tho relation between the Vnlon
Pacific and Southern Puclflo railroads.
At a conference held at the White House
last May it was decided that the report of
tha. Interstate Commerce commission on
tills subject wben completed should be sub
mitted to the attorney general for exam
ination with a view to possible action
against Mr. Harrlman. There was some
delay, however. In the completion of the
report and several matter Intervened to
prevent the bringing of suit as then con
templated. Messrs. Severance & Kellogg,
who had been engaged as special counsel,
made an Independent Investigation of the
facts and questions Involved In the contro
versy and were ready to proceed with the
suit when Mr. Severance was unexpectedly
called to Europe. He 1 expected to return
Bhortly. wheh suit will be begun In Salt
Lake City. It Is understood that the pro
cedure will be a suit In equity In general
analogy to the Northern Securities case.
MILITIA TO PROTECT TOBACCO
, j entirely lawful, their common determlna-
Lebaao Feara a Visit from Night 1 tlon to carry through the strike I weak
Raider and Ask for i ,,a kv Bn order which tbev never have
Protection.
LOUISVILLE. Ky.. Jan. 9-A detail of
twelve militiamen left Louisville today for
Lebanon In response to Instruction Issued
by Governor Wilson. In order to protect
property of the American Tobacco people
at that place. Lebanon has been threat
ened by night rider.
Tobacco from all parts of the state Is
being hurried to Louisville for storage to
escape the cancellation of fine policies or
the refusal of new risks owing to appre
hension of further visits by night riders.
FRANKFORT, Ky.. Jan. 9 C. H. Bar
nett, president of the American Society of
Equity, the tobacco growers' association,
announced today that he had resigned.
HENDERSON. Ky., Jsn. 9. At the state
unlon of American Society of Equity here
today. Louis Hancock, president, called
upon Governor Wilson to prove his de
nunciation of the society or retract the
statement that the society was guilty of
participating Id the night rider lawless
ness. ATHLETE C0MMITS SUICIDE
Jamp from Window nt Kansas I Di
versity and Kills Him
self. LAWRENCE. Kan.. Jan. 9-Vban Ang-
ney, captain of lat year foot ball team.
and an all-around star athlete of Kansas
university, committed suicide here today
by Jumping from the dome of Eraser hall
st the university ground. Angney left the
following note on the window all from
which he Jurored:
Dear Jesus: My life Is passed. Mv
plasur Is gone. No pleasure for me.
You rati know the reason. 1 was called
for what I owe. If I only had done It
sooner. Do not hold me responsible.
Gixidby. May yoj all live happy.
Vhan Angney was 22 years old. His
home was In Wellington, Kan. This was
his last year at the university He would
have been graduated ln June. Angney Is
believed to have been despondent.
DENNETT FOR LAND OFFICE
Month Dakota Maa Mamed to
reed Bellinger aa Com
missioner. nr.
WASHINGTON, Jan. 9-The president
today sent to the senate the nomination of
Fred Dennett of North Dakota, to be com
missioner cf the land office; also the nomi
nations of James F. Traeey of New Y'ork,
to be a member of th Philippine commis
sion and secretary of finance and justice,
nnd Gregarlo Araneta of the Philippine
Islands, to be an assistant Justice of the
snprein- court of the Phll'rptrie islands
Secretary Taft announced today that
Judge Tracy of the supreme bench of the
Philippine Islands, to whom had hi en of
fered a position on th Philippine com
mission, had declined th offer, preferring
i.to remain ea the banob.
TAFT ON INJUNCTION
Secretary States Views on Use ant
Abuse of Writ.
ANSWER TO LABOR LEADER
Letter in Reply to Request of Ohio
Federation Secretary.
FAVORS CHANGES IN STATUTE
Law Authorizing Court Orders Should
Be Made More Specific.
NOTICE FOR THE DEFENDANT!
Ilrarli.tr of C harae of Contempt tot
Violating; Injunction hoald ot
Be Heard by Jadge
Issulaa Order.
MARTINS FERRY, O . Jsn 9. -The viewa
of William H. Taft, secretary' f war. in
regard to the use and abuse of Injunctions,
are t-tated in a letter In reply to questions
propounded by Llewllyn I-wis. secretary
of the Ohio Federation of I-abor. given out
today. Secretary Taft prefaces his slate,
mi-tit with a declaration that he believes
"It to be highly beneficial and entirely law
ful for laborer to unite In Ihelr common
interests." Proceeding directly to the an
swer of the questions propounded he says:
"First You ask me whst I would think of
an enactment of law defining the cases
In which a temporary restraining order
may issue, and defining In Heclflc terms
the language In which such order may be
framed. I see no objection to the enact
ment of a statute which .shall define the
rights of laborers In thJ controversies
with their former employers. As this
statute would fix the full limits of their
action. It would necessarily furnish a defin
ite rule for determining the cases In which
Injunctions might Issue, as well a their
character and aeon. It should be said
that this statute, however. If enacted by
congress, could relate only to the District
of Columbia or some place within tha ex
clusive Jurisdiction of the federal govern
ment, or to those employer and employes
whoso relations are within congressional
definition and control. Generally, the law
governing the relations between employer
and employe Is a state law and la only en
forced In the federal courts when the Juris
diction arises by reason of the diverse
citizenship of the parties. Speaking gener
ally, however. Ijoth as to federal and state
legislation, I sea no objection to a statute
which shall, as far as possible, define tho
rights of both parties In such controversies
more accurately. Indeed, the more exactly
the law of the limitations on the actions
of both partle Is understood, the better
for them and for the public.
Favor Change la Rale.
"Second You ask me whut I think of a
provision that 110 restraining order or in
junction shall Issue, except after notice to
the defendant and a hearing I had. Thla
was the rule under the federal statutes for
many years, but it wa subsequently
abolished. In the class of reS to whlcti
you refer I do not see any objection to
the re-enactment of that federal statute.
Indeed. I have taken occasion to say In
public speechea that the power to Issue In
junctions ex parte has given rle to certain
abuse1 and Injustice to the laborers en
gaged In a peaceable strike. Men leave
employment on a strike: counsel for the
employer applies to a Judge and presents
an affidavit averring fear of threatened
violence and making such a case on the
ex parte statement that the Judge feels
called upon to Issue a temporary restrain
ing order. The temporary restraining order
Is served on all the strikers; they are not
lawyers; their fears are aroused by tip
process with which they are not acquainted.
nnd, although their purpose may have boen
had an opportunity to question and which
Is calculated to discourage their proceed
ings In their original purpose. To avoid
this Injustice I believe, as I have already
said, that the federal statutes might well
be made what It was originally, requiring
notice and a hearing before an Inlunotlon
1SSUC8.
"Third In answer to your third ques-
j tioni t would seem that It J unnecessary to
impose any limitation aa io tha time for
a final hearing If. before an Injunction con
Issue at all, notice and hearing must lie
given. The third questlivi is relevant and
proper only should the power of Issuing
ex parte Injunctions be relauied In the
court. In such case I should think It
eminently proper that the statute should
. r(,auire the court issuing an ex parte ln-
jUm.uOI1 to give the person agu1nt whom
thrt ln mm-ilon was Issued Hn opportunity
to have a hearing thereon within a verv
short space of time, not to exceed, I should
say, three or four days.
Hearing la Contempt Case.
"Fourth Your fourth query is. ln effect
I what 1 1 would think of h provision In such
1 cases by which the cunti innor -that la, tin
person charged Willi tin- violation or ai
order of Injunction m!g:,t object to th
Judge who Issued the injunction. S3 the inn
to try the Issue, whether the Injunction hMrt
been violated .and to tlx puiiUhmc-nt In casn
of conviction, and thereby requite another
judge to try the Issue and imposo sent. -in -if
necessary. In fedeial courts ln Such a
case It would be proper to provide that
the senior circuit judge of the circuit
should, upon the application of the defend
ant contemnor. designate another district
or circuit Judge to sit and hear the Issue
presented. I 1I0 nut think such a restriction
would be unreasonable. In most cases it
would be unnm."iy. But 1 admit that
there is a popular feeling that In contempt
proceedings, and the very name of the pro
ceeding suggests it, that the Judge Issuing
the Injunction lias a personal ensltlven" ts
In res.e t to Its violation, and thert foi,
that he does not bring to the trial of ibe
issue presented by th charge of content. 1
of his order the calm Judicial mind w 1 , 1 : 1
Insures Justice. I think that this popular
feeling Is In most cases unfounded, but !
believe that It Is better, w litre It can h
done without Injuring the authority of (.
court and the efficiency of Its proce!, to
grant such a privilege to the contemnor
and thus avoid an appearance of Injustice,
even at some Inconvenience In the matter
of securing anothc r Judge. There Is sonic
analogy, thotigh It Is not complete, between
the exclusion of a Judge from bitting In
the court of appeals to review a de-islon of
his own. which now obtains ln the practice
of the federal court of appeals bv statute,
arc! the present s.igited 1 a 't Is of
tie highest lmpo"-iaure that Ibe authorlit
of the court to enforce Its own order ef
fectively should not lie weakened, aid
therefore 1 am opposed to the tutrrverilliu
(Continued on Second Page.)
