Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 29, 1910, Image 1

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    The Omaha Daily Bee
rrM ',LL THE NEWS RFAT)
THE OMAHA BEE
jV THE WEST
TEATHER FORECAST.
For Nebraska, Fair.
Tor lewn -(letH'tHllr fair,
l'or wcatlii-r report n I'hjip
n! .L X). !(,(
UMAIIA TliniSDAY MlHiXIXli, I MX'KM KKI IKX IWUKS.
SlNV.I.K COPY TWO CKNTS.
51 '
!
Bu.lliD jlKA&YlE;
Fcji' cj-.18 1:'. e lo.iworth Ki"' i
j'obite ucatinj Commis'v
De.-ijnel ?s Compromise. '-v
FAYJ.E TREDICI3 QUICK ACT.
Ch.v.rasu fays He Expects Lcgisla
Udii E:forc March Four.
HVE MEMBERS ARE PROVIDED
fto Authority to Maicc Recommenda
tions or lix Reports.
JUEOE XNAP? AND MABIE AGREE
lleeooiinclidulloti Mill Ho Mad to;
tuiiailliiu mill liocrlcmi liovfrn- j
nicnls rrulr I nte r on Inn a I i
llnllwa; iiiiiiIIh. I
.ssni.vc ruN, I hi-. ..- Iinnetm to thj
. in. nt fur a litrmanrnt tariff com-;
iin!it.ii Mia kUhi t'Misv ! conferences ,
nt the hlte House and the capltol. the I
i-.-i'iiii "t Representative Longworth of j
1 1,, in ii Washington with a full draft of .
a I'l l treating a commission and the in i
i.i iriii riiu nt of Chairman f'ayni of the
I,. ,111..' committee nn ways ana means that
lie exi'irN tilt h legislation before Marrh 4.
endowing a discussion w ith the pre.l
.1. nt over various features of the legls
lath.' program for lhl spshIoii, Mr. Payne
announced he was sure a hill for such a
tcmmlsston. acceptable to both congress
and the president, would be put through
the senate and house before this session
enda. Later, at Mr. Payne's Instance, he
had a conference with I'halrman Kmery
of the tariff board, rewarding the person
nel and salaries of the. proposed commis
sion. Mr. fcmery contended that the nature of
the work and the character of the men
tin- commlsalon would need made It im
possible to operate advantageously If posi
tions and salaries were rigidly fixed by
congress, hla Idea being that these should
Iim fixed by the commission Itself. He
suggested tht Industrial experts might
have to l.e engaged for varying terms at
various compensations. Mr. Payne believes
there should be a legislative check to the
aggregate expenditures, but Is said to agree
to the necessity of freedom of action by
the commission aa to Individual Items.
I.ontnortb Haa Compos! mil.
Embodying featurea of the tariff com
mission bills of Senators Reverldge of In
diana and I .a. Kollette of Wisconsin In
troduced at the last sesnlon of congress
and of I'ongressmen Ooode of Iowa nd
I .en root of Wisconsin at this session, and
following conference with several repre
sentatives before the holiday receas, Mr.
longworth, who la ft member of the ways
and means committee, has drawn ft bill
which he expects to Introduce next week.
It creates commlaslon of five members,
each to draw ft salary of 17.800. not more
than three of the earn political party, with
' off Ices . at Washington, but prepared to
meet anywhere.
The commlaslon was given wide powers
of collection nd collfttlon of facts without
authority to make recommendations, ftnd
instead of nia-klng fixed reports It can only
report on special call of congress or of
the president. Its members are to appear
with data, before the aenate committee on
finance or the house and the committee
on ways and means, the two committees
which have to do with tariff legislation.
The committee is huthorlxed to require
confidential data from corporations as to
any eubject, but must never disclose the
source and must especially safeguard it
from competitive Interests.
Mar lareatlftate lost.
An important provision of the Longwortn
bill authorlaea the commission to Investi
gate the Coat of production of all articles
covered by the tariff, with special refer
ence to the prices paid domestic and for
eign labor, the prices paid for raw ma
terials, whether domestic or Imported, en
tering into the manufactured articles, the
condition of the domestic and foreign mar
kets affecting the American products. In
cluding detailed Information of the cost
and of every element, together with all
other facts which, In the commission s
Judgment, will be helpful to congress In
providing equitable ratea of duty on any
articles ftnd In aiding the president and
other officials In admlnlHtertng; the cua
tom laws.
one section re-enacts the maximum and
minimum clause of the Aldrlch-Payne tariff
law. I'nder the Ixmgwonh bill, the five
lomuitstdonere are to be appointed by tne
president at first for two, three, four, five
and six year terma. respectively, but' these
tenures adjust themselves to regular six
ear terms for all.
The ways and means committee will take
up the commission question soon after
congress re-convenea. Some of its mem
bers oppose the commission Idea, holding
that it puts Into being another body wttn
high salaries and big general expense ac
counts on work that should be done by the
iif iui Unent of commerce and labor or other
icyular departments, and that all that Is
necessary Is to continue the existence of
I lie present board through the Taft ad
ministration. International Itnilway Commission.
Aii ft result of conferences between Judge
Marlin A. Knapp. chairman of the Inter
Muic Con. mere commission, and J. B.
Maine, chief of the railway commission of
Canada, an agreement has been reached
to recommend to the respective govern
ments the creation of an International
iHilway commission, which shall have
supervisory authority rates in operation
between the countries. Mr. Maine reached
Washington from Ottawa last night in ac
cordance with a previous arrangement
with i'halrman Knapp.
Me cams t.i dlscufs the details of an
agreement they had reached last August
ar.d today the two officials were In confer
ence Their report lias nut been completed
but will soon be and will be Med with the
lute department and with the foreign of
fice of t'anada.
No detail are yet available beyond the
fact that it rvcconiinrmix the establish
iiHiii of an international commlKsion upon
which shall be conferred certain defined
icxulatory powers. Whether the commls
tl.'ii is to be created by treaty between the
t. governments or hv Joint legislation,
i annul now be announced.
Mauj llf ftrallles I'rraealed.
l'or KonieUine It has been realised t'uat
ti e Increasing railway traffic between the
1 nlted states and Canai'a was likely to
render futuie control over tates difficult,
(Continued on Second l'age )
Noble Woman of
Ancient Name Dies
a Pauper in Omaha
Funeral of Baroness Antoinette Louise
von Liliencron Held at Old
People's Home Tuesday.
I Hsrnnesn Antoinette Louise Augusta vnn
: Nl'mrron, lat of a proud and historic
.Merman line, died penniless Muiday at the
old People's Imme. fche died as she had
lived In her latter unfortunate years, under
the naniv of Mrs. A. Bflegglng.
More iian half a century ago the withered
old wo-nsn whose decline trade her a pub
lic chaige was a welcomed and admired
hllr at the gay European capitals. Family
a 'id fortune promised her much In the be
ginning of life, hut tcversrs came. Poverty
t(M,V the place of opulence, obscurity of
fame. The bsroness left the fatherland to
hide her misfortunes In Amerlea.
Tlie Raro'.c? von Ullencron was Just
Ml MMencron, a trained nurse, when
i-he was married U William Hflegglng In
otnaha In 18. The Bflcgglngs did not pros
per. They rfinovi.il to Washington and
there the husband Jied in The wife,
worn and faded and o.d, had nothing. She
(sine hack to Omaha am! here was cared
for at the Old People's home until her
death.
The baroness wss the only daughter of
General Andrus Sophus, Baron vol IVIIrn
cron. a distinguished figure In Pr'jsslan
history In the earlier part of the last cen
tury. Alexander, a son. died In Omaha a
year ago. The baronial castle yet states
In llolsteln.
The funeral of the baroness was held
Tuesday afternoon at the Old Peoples
home. Hev. (1. J.. Jaiser. pastor of the
German Methodist church conducted the
services. Rev. Charles W. Bavldge de
livered an address In Kngllsh. Mrs. Her
man Hintz sang a number of songs chosen
for the service by the haroncss a few
days before her death. Burial was at For
est. Lawn cemetery.
Egan Disbarment
Sentence Modified
Supreme Court Modifies Order
Suspension from Practice for
Three Days.
of
PIKRHK, S. D., Dec. 2R.-(Speelal Telegram.-By
the unanimous decision of the
supreme court this afternoon the most
spectacular case f disbarment and rein
statement to practice ever sprung In this
state has ended, and George W. Kgan
will again be one of the attorneys of the
state, after noon the first day of next
year, the right going to him as ft present
for the new year.
The features of this case from the be
ginning down to Its close has been twlnod
so closely Into law business and politics
through the actions of Ean and others
that no one can ever know Just the truth
of It all. no two Interested parties ad
mitting the same statement of fact as to
wha,b, reJlMatftrt'JJ viWe. vt -t aiw
It to go on. ' , .' .
Egan came Into the state from Iowa, to
prosecute the Kauffman murder eajie In
Minnehaha county, and from that time on
has been In the limelight In one manner
or another. If not before the court he
has been before the people politically ask
ing support as ft much persecuted man, and
on the strength of such a campaign once
secured ft majority of votes for a county
office he could not fill and later came
near enough to the nomination for gov
ernor to give a number of politicians the
shivers.
Now that he has been restored to his
legal standing after retraction of all his
attacks on the Judiciary In his campaign,
he can build up the law practice he started
and the field of his endeavor will not be
handicapped.
Good Foundation
For Many Romances
Party of West Point Cadets Acci
dentally Meet Bevy of Montana
Girls at Whit House.
WASHINGTON. Dec. 28-When ft party
of West Point cadets, piloted by Senator
Dick of Ohio, and bevy of Montana
school girls, chaperoned by Senator Carter,
met at the executive offices of the White
House today there were many who pre
dicted the beginning of ft number of ro
mances. The meeting was entirely accidental. Both
senators had brought their charges to the
White House to shake hands with the presi
dent. There was a delay, and during the
wait in the reception rejoin. Introductions
were in order and when at last It was an
nounced that the president was ready to
receive his caller, the cadets and young
women had Just about forgotten the ob
ject of their visit They reluctantly said
good-bye. filed Into the president's of
fices and later took their several ways
from the White House.
Victim of Christmas Shootln Dead.
UiXINGTON. Ky.. Dec. 2S.-Craddock
Wllloughby and Clarence Toung. fatally
shot in Montgomery county, Christmas
night, died early today. The men were shot
In ft fight In Wllloughby s home between
the Martin and Wllloughby families. An
other Wllloughby was Instantly killed and
six other persons were wounded.
South American Millionaire
Making Race to Save Life
In a race for his life. A. S. Hall, a multi
millionaire cf Argentine, paseed through
Omaha Tuesday evening. He was travel
ing In ft special car bound for Rochester.
Minn.
Hall will undergo an operation at Roch
ester for stomach trouble, which began in
South America. In a short time he lias
wasted from W pounds In weight to
J C. Root, sovert-lgn commander of the
Woodmen of the World, met Mr. Hall at
Union station. They were friend In boy
hood days. Mr. Hall formerly lived at
I.ons. la., and had builness connections
here years ago.
Thirty years ago A. 8 Hall and J. C.
Hoot parted at Lyons, each to start out
In the w orld. Hall man ted and w . tu to
South America, borrowing a paper collar
from ltuot for ceremonial finery and j
and a gold watch also to start on his
Journey. Mrs. Hall died later la South
IMEYEIt'S RETORT
! TO MAXIM. IS TART
Secretary of Navy Says Statement
Blaming; Form of Powder for Ex
plosions is Misrepresentation.
"IGNORANT OF REAL TYPE USED"
Remarks Asserted Unworthy of Seri
ous Consideration by Nation.
EXPLOSIVE NOT AT FAULT AT ALL
General Crozier'i Memorandum Sup
ports Contention.
LETTER SENT TO PRESIDENT TAFT
Secretary as Maxim Has Had Utile
or o Kxperlence with Poerder
I sed by I nlted tates
?isrr.
WASHINGTON. Iec. 2. Statements
made ky Sir IHram Maxim, who wrote
Presldon'. Taft on October Z that gun ex
plosions In the I'nlted states army and
navy were due to the form of powder
grain In use, were characteriicd as "un
worthy of serious consideration" In ft lct-
ter to tho- president from Secretary of the
Navy Meyer, made public today.
Appended to Secretary Meyer's letter was
a memorandum from Brigadier General
William Crozler. chief of ordnance. V. S.
A., to th secretary of war. refuting Sir
Hiram Maxim's criticism as well as sn ar
ticle In Knglncerlng. a London periodical,
frequently referred to by Sir Mlram Msxlm.
"It Is considered," says Secretary Meyer,
"unwarranted to carry out further experi
ments desired by Sir Hiram Maxim and
that his statements In relation o our
smoUrlees powder are unworthy of serious
consideration, except as to their misrep
resentations and to the evil effects of
their wide publicity on those unacquainted
with this subject."
Ixnornnl of Type I sed.
With regard to Sir Hiram's statement
that he "had great experience and knows
what he is talking about." Secretary Meyer
says Sir 1 1 rain Maxim Is "ignorant of the
type of smokeless powder used by the
I'nlted States government, end It is quite
probable tie has had very little or no ex
perience with It. however familiar he may
be with nitroglycerine or cordite powders."
The letter declares that, although Sir
Hiram Maxim claims to be the lnventorf
modern smokeless powder, he Is "In no
ene the Inventor of the type of smokeless
powder developed by the United Stales
navy at the naval torpedo station, New
port, rt. I., and used in the naval service
since NCT."
The broad i statement of Sir Hiram
Maxim, "contlnuee Secretary Meyer, "that
the gun accidents of the United States
navy are due to multlperforated powder
grain Is shown to be untrue from evidence
not at all connected with the details of
the grain. When the composltlton of the
fowder nd the details of tlie grain are
considered, there Is-additlonal evidence to
show that these elements are ' not at
fault. Not In one case." says Secretary
Meyer, "haa the evidence of the occur
rence shown that the smokeless powder In
use at the time of the explosion was at
fault in any degree.'"
Brigadier General WUlliam Crosier'"
memorandum supports the contention of
Secretary Meye'r with regard to mllltaVy
experiments with smokeless powder. It
is Indicated that since the Introduction of
smokeless powder In the military service,
but one large gun has burst ftnd only two
or three field guns, accidents ascribed to
other causes.
LETTER CARRIERS LOSE SUIT
laterstate Commlsalon Holds that
Contract Made on Certificate
Plan Mail Be Observed.
WASHINGTON. Dec. SR. By ft decision
of the Interstate Cornmerce commission
handed down today the National Associa
tion of Letter Carriers lost a notable case
which It had Instituted against a large
number of railroad lines.
The defendant roads filed tariffs with
the commission providing for special re
duced round-trip fares on the certificate
plan in connection with the national con
vention of the association held at St. Paul
in 1909, such reduced fares being condl
timed on the presentation of 1.0U0 or more
certificates. Iesa than 1.000 certificates
wire available to be vised, and therefore
the reduced fares for the return trip was
denied.
The railroads had expressed their will
ingness to give the reduced rates provided
they could do so without violating the pro
visions of their tariffs. The commission
holds that the tariff provisions are bind
ing and must control.
COLONEL DONOVAN TO MARRY
Mrs. Fllsa Tracer of Boston to Be
come llrlde of St. Joseph
Stockman Friday.
ST. JOSEPH. Mo., Dec. 28 Colonel John
Donovan, president of the 8t. Joseph
Stock Yards company, left St. Joseph last
night for Boston, where he will be married
Friday night to Mrs. Eliza Tracey, a
wealthy widow of that city. Colonel Dono
van is a widower, his wife having died last
year.
America from cholera. Mr. Root came to
omaha and organized the Woodmen of th.
World.
Hall s career In South America lias been
remarkable. He went to work for a rail
road there, but later managed to borrow
110.00 to buy in Interest In a lumber com
pany and subsequently entered the grain
business, putting up the first flour mill
erected In Argentine. lie bought the first
seed fur wheat raising of Argentina and
the first American implements used there
His American interests consist of half a
million dollars Invested in irrigation pro
jects In Arizona and JTro.OOO In an Arkan
sas railroad. His land interests in Ar
gentina are extenidve.
Mr. Hall's brother. Norman Hall, a
brigadier general at Fort Sumpter, was
the officer who nailed the colors up after
the rebels had hot them down. Mr. Hall
Is (7 years old and If he tan reach the
surgeons in time may recover.
....
. 'rv V - "" - ' - ....vii
From the Cleveland Plain Dealer.
WILSON REPLIES TO SMITH
Governor-Elect Comes Back at Man
Who Wants to Be Senator.
CANDIDATE'S WORDS 0.U0TED
He Declines to tiivr IV nine of Mes
senger from Mr. "nilth and Ap
peals to the Court of Pub
lic Opinion.
NEWARK. N. J.. Dec. IS.-Governor-elect
Woodrow Wilxon not only reaffirms
his assertion that an emissary from James
Smith. Jr.. Informed him before election
day that Mr. Smith would not be a candi
date for the United States senate, but de
clares that Smith personally had cor
roborated such a statement. Dr. Wilson
Is now In St. Louis, attending a meeting
of the American Home Kconomlc associa
tion. His statement slpned. Is printed
today In the Newark Bvenlng News.
Mr. Smith denied that he ever sent such
an emissary to Dr. Wilson and challenged
the governor-elect to name the man. In
his reply today. Dr. Wilson declines to re
veal the Identity of his Informant. He
says:
"I certainly would not have allowed my
name to go before the convention that
nominated me. if f had not thought that
th,mn who told me.ieJ, Mr, Smith would
not be sTcandida'te Tfortlie senate' spofe to
me for Mr. SmllH. I had every reason to
think he did. I will not name him, because
he is a man whom I very highly eateem and
on whom I dorTt care to bring the mortifi
cation of being drawn Into this now very
public matter. I am quite willing to go
with Mr.-mlth before the court of .public
opinion on the charge of attempted trick
ery and deceit.
"Quotation from Smith."
"If the gentleman of whom I have
spoken did not epeak for Mr. pmlth In
what he toM me. why did Mr. Smith
corroborate what he had said. He himself
told me exactly the same thing when he
came to my house a few days after the
election. He told me In the plainest terms
that before the election he had not desired
to go to Washington; had not felt equal to
seeking or occupying the office; but that
he was now feeling stronger and did desire
It. He was evidently referring to some
thing he knew I had known.
I pointed out to him the deep discredit
that would follow him If he were himself
to seek the senatorshlp. Finding him ut
terly contemptuous of the primary and to
wards Mr, Martine; finding that he in
sisted that the state would be disgraoed
should Mr. Martine rather than he repre
sent it in the senate. I tried to point out
to him in all kindnees the only course that
lay open to him in the circumstances or
he would win the respect of thouRhtful
men.
"I told him that, feeling as he did. the
only honorable course open to him was to
come out and say that he was not himself
a candidate and would co-operate in the
choice of any man whom general opinion
might agree on as representing, not spe
c'al interests, but the opinion and the
character of the etate. He told me that he
did not know of any such man in the
state who had any 'claim' on the party
comparable with his own."
BEAUCHAMP BREAKS PAROLE
Conrlet Recently Married In Peniten
tiary Must Complete Hla
Sentence.
JEr-FERKON CITY. Mo.. Dec. IJ.-Clar-ence
Beauchamp of Kennett. Mo., who was
paroled last Thursday by Governor Hadley
and immediately married at the peniten
tiary to Mrs. Ruth Hitch, will have to
forego a longer honeymoon and return to
the penitentiary to serve his sentence of
two years. Governor Hadley revoked his
parole today upon the recommendation of
two men who said Beauchamp celebrated
ills parole and wedding too hilariously.
If it's worth a fig
it's worth it now. ,
The virtue of Bee want ads is
In doing it quickly.
These little treasures go every
where. Everybody sees them.
They work In a hurry.
They get servants, now
They find postttlons.
They rent rooms.
They sell homes.
They perform a thousand and
one services that could be done
no other way.
Call Tvler 10x, waut ail
department.
"Oh, Lordy!"
,prr r
- ai
Procession of Vote
Sellers at West
Union Continues
Indicted Men Make it Point to Plead
Guilty Before Deputy Sheriffs
Can Find Them.
WKST CNION, O., Dec. 28. The Adams
county grand Jury early today reported 145
additional true bills against persons ac
cused of selling their votes In the Novem
ber election. This makes a total of 9i9
Indictments already returned. The pro
cessions of penitents who are coming to
the court dally to plead guilty keeps up.
It has become somewhat of a point of
pride with the Indicted citisens to beat the
deputy sheriffs by getting to court before
warrants can be served. Judge Blair's
methods In listening to the pleas of guilty
are extremely informal. He knows a large
proporllon of the voters of the county by
their first names and when they come Into
court the scene Is rather a social one. The
Judge sits on one side of a plain table,
the Indicted man on the other.
"How about It. John? Are you guilty?"
asks the Judge.
"I reckon I am, Judge," la "the usual re
ply. "All right. John. I'll have to fine you
t amVou mn't 'voteany- rtrnMor five
years. And I'll Just put ft six months'
work-house sentence on top of that, hut
I won't enforce It so long as you behave."
"All right, Judge; you've got the goods
on me."
"And, say. John, you've been keeping
liquor In your house and Inviting your
friends in, haven't you?" the Judge will
sometimes ask. (Adams county is dry.)
"That's right. Judge," says the accused
man.
"Well, you'll have to cut that out,
John. Remember, there Is ft work-house
sentence hanging over you If you don't
walk straight."
"All right. Judge,; goodbye," and the
penitent goes over to the clerk and pays
Ids fine.
Dynamite Explosion
Near Large Smelter
Plant at El Paso, Tex.
Score of Laborers Blasting Slag Are
Buried Under Debris and Only
Four Are Accounted For.
EIj PASO. Tex.. Dec, J8.-While railroad
workmen were blasting slag at the El Faao
smelter today for ralroad ballasting,
dynamite stored in ft pit, where ft score of
men were at work, exploded. Nearly all
of the men are believed to have been buried,
but the work of excavating was only barely
commenced at noon when but four men had
been accounted for.
Scores were hurt In the vicinity of the
explosion, but the great smelting plant.
Itself, tho property of the American Smelt
ing Sc Refining Co., was uninjured except
for broken windows. Most of the Injured
lived nearby In small houses.
Numbers of these houses were destroyed,
also the store of E. M. Bray.
The home of Marcentl Hermanns, who
was seriously ill, waa wrecked and the
debris fell on her. She may not live.
STREET CARS TURNED BACK
Chlcaao Snbarb Refuses to Allow
Company Which Rslwd Fare
to I'se Streets.
CHICAGO, Dec. 28. Definite retaliatory
measures were taken by one auburb which
this morning found Itself cut off from the
city's street car service by ft new rule
making the fare 10 cents for lnter-clty
passengers. Street cars from Chicago
were stopped by village authorities when
they sought to enter Forest Park, and
turned back. The village claims that un
der Its franchise ordinance the street car
company waa bound to i charge no more
than 5 cents.
i
Big Stack of Bogus Coin
and Three Men Captured
NEW YORK. Dee. 28. Further arrests,
government officials said, might be made
today In connection with last night's raid
in Hrooklyn which unearthed one of the
biggest, best equipped and most dangerous
counterfeiting plants which veterans In the
tec re l service ever have seen. A large lot
of spurious quarter dollars, mostly In
partly finished shape, was found In a
heap on the floor of a ramshackle building
in the rear of ft tenement, while in an ad
Joining room a man was caught filling
moulds with bot metal. There were mere
v--
TWO DEAD FROM AIRSHIP FALL
Aviator and Passenger Killed in Prac
tice Spin Near Paris.
DROP IS ONLY FIFTY FEET
M. I.nfforl. with M. Tola mm l'nsen
(rr Una lrr purine: to. "tart on
a Trip to Brussels and
Itetnrn.
18Y-LKH-MOUMNKAUX. France, Dec.
2K.-M. I.affort. the French aviator, and
M. Pola. a passenger, were Instantly killed
when the former's machine fell from a
height of fifty feet today. I.affort was
preparing to start for Brussels in compe
tition for the Auto club's prise fox a flight
with a passenger from Paris to Brussels
and return.
A big crowd was present to witness the
ascension. To entertain the spectators and
test his machine l.affort circled above the
aviation field several times. Suddenly the
steering gear Jammed and the aeroplane
dropped to the ground. The occupants
were caught In the wreckage and were
dead before aid could reach them.
Wrlarbt Back from R a rope.
NEW YORK, Dec. 28. After ft stay of
several weeks In Paris and Berlin, where
he has been giving Instructions in the art
of flying, Orville Wright returned today on
the "irteahishVp 'Oceanic.' Tfwi" S.V1tftnr"had
heard by wireless of the success of llox
sey in breaking the record for height In a
Wright machine.
Mr. Wright,- when asked If h" had
brought back any new ideas, replied:
"We do not go to Kurope for new Ideas
In flying."
The only limit, said the aviator, that
can be placed on the height that will soon
be attained In an aeroplane is the limit
of human endurance.
SttIm Protest Disregarded.
.ST. LOUIS. Dec. 2S.-AIbert B. Lambert,
president of the Aero club of St. Louis, at
taches no Importance to the protest of the
Swiss Aero club against the management
of the International balloon race which
started from here last October.
"Members of the Swiss team protested
before the race started," said President
Lambert today.
The Swiss teams' objections were so
childish that the French team refused to
Join them In asking them.
RAGTIME AND ORGANIZED
CHEERING ARE DENOUNCED
President Lowell of Harvard Sara
College Yells and College Music
Sadly Need Reforming;.
BOSTON, Dee. 28. A denunciation of or
ganised college cheering and "rag time"
by President A. Lawrence Lowell of Har
vard university was the feature of the
second day'a sessions of the Music Teach
ers' National association at Boston uni
versity today. President Lowell aald:
"One of the saddest things Is to go to
a gathering of educated men say college
men and note the kind of music given at
their dinners. It Is rag time and rag time
of a very poor quality.
"Of all the processes of expressing emo
tions, organized cheering is from every
point of view the worst."
PAYNE TALKS WITH PRESIDENT
House Leader Says Tariff Commission
Law Will Be Passed This
Session.
WASHINGTON, Dec. 28 President Taft
had ft long talk today with Representa
tive Payne of New York, floor leader of
the house. The president discussed with
him various featurea of a legislative pro
gram for the current session. Following
his interview with Mr. Taft, Mr. Payne
made the Important announcement that he
was quite sure ft bill for ft permanent
tariff commission, acceptable to congress
and to the president, would be put through
the senate and house before March 4 next.
than 300 pounds of metal In various stages
of progress toward the coinage state In
the plant.
The secret service men wbe made the
raid took three prlsoneis; two of them are
Frank Ktlelberg and John Dross. The
name of the third man was not made
known. The federal officials have been
working on the cae for four months, since
the circulation of a large number of coins
of small denominations on street cars and
elevated lines was noticed. They esti
mated the total value of their aeiiure at
the Brooklyn plant at S4,00tx
MYRON L. LEARNED
ENDORSED It V BAR
State Association of Lawyers Gives
Omaha Man Strong Majority
Bote for Vacancy.
BALLOT ENDS TWO-DAY FIGHT
Factions for Other Candidates Try to
Stop Move.
MUNGER IS SECOND CHOICE
B. F. Good of Wahoo ii Elected
President of Body.
MEETING ENDS WITH ELECTION
r.ndorcmrnt of I. earned for I'lace an
Circuit t niirt Bench Left Ity
nilcrnen forms lllmest
Action of Merlin.
The Nebrn!ks Stale Har nnoclstnn has
endorsed Mron L. Learned of Omaha for
the acnncy In tho KUhth 1 nlted Stats
circuit court to sucrexi .Indue Willis Vnn
devanter. promoted to the I'n ted Ststrs
supreme court. Mr. I .earned wa given an
overwhelm na plurality as ana nM any
oilier candidate and a consldersM ma
jority over nil. The vote on the first bal
lot, which ended nmlters, stood thus:
M. 1.. Lenriieil. Omaha '-
M. 1.. Mnnser. Omaha I"'
T. .1 Mahimev, una nil 11
II. H. Wilson. Lincoln
Jacob Fiiweett. Lincoln ' 1
H W. Urckeniidge. Omaha 1
hiniucl Kliilker 1
tl. W. Norrls. Mcl'ook 1
Total 1H
The result of the plwton v. as no sur
prise. The comparatively few linn support
liiK other candidates than the vl-tor hud
fuiiKht for two days the aencral iinentlnn
of an endot :ement. They had with them
the presiding officer and the vetir nn presi
dent. Charles I . Kyun. thoiiKh Mr. ilyan
did not depart from parl'ameni.irv praet ce
except at tho beginning of yeslerday's aft
ernoon scsxion. when he delayed s vote on
a resolution to proceed to endorse some
one. Mr. Ityan had other reasons also for
this. Ho wlwhed to get before the conven
tion the paper which Lynn Holm of Los
AnKeles was to read Bnd to have the com
mittee on legal education report. It was at
tho fame time hli ilea re to get tliia part of
the programme enacted w hile a large audi
ence remained and in delay final conrld
eratlon of the endorsement proposition.
Supporters of Mr. Learned did not gst
tired. They listened with nterest to Mr.
Helm and to Judge Hastings and vat tight,
determined to stick until the vote came. If
they had to stick until sundown.
Final Move Comes Late.
The convention reached final considera
tion of the B. (1. Hurbank resohiton to
recommend some one to President Taft
about 3:30 p. m and would then have s.
wound up remaining, business In ft -eriori
time' but for the sensational developments
about the relectlou of John O. Yelser'a
application for membership. The war over
this matter lasted nearly two hours.
The convention thrn proceeded to elect
officers and adjourn. Those new officers,
unanimously chosen, are:
President B. F. Oood, Wahoo.
Vice Presidents r. O. Dwyer, Plntts
mouth; Edpar Scott. Omaha.; W. H.
Thompson, Grand Island.
Secret a ry-Treasurer A . O. Elllck, Omaha,
Member Executive Council (for three
years) John Krhart, Stanton.
The convention then adjourned. It had
been one of the most vigorous conventions
the Nebraska State Bar association ha
known.
The convention voted seventy-four to
twenty-seven to Indorse some one when
the matter finally got before it on a posi
tive basis. Yesterday, as on Tuesday, a
substitute motion not to Indorse was of
fered and much parliamentary hair-splitting
was Indulged In. As to this President
Ryan kept a clear head and hla rulings
were sound parliamentary law except
when he delayed the vote at the beginning
of the afternoon session. It was no easy
convention to preside over.
Flft-ht Made Over Rules.
Late In the afternoon when some mem
bers of the convention wanted to overrule
the bar association's own constitution to
suit the purpose In the Yelser fight, T. J.
Mahoney rose and asked the attorneys
present to remember that they were law
yers and ought as such to respect the laws
of their own association.
When the Burbank resolution had car
ried by a. three to one majority, nomina
tions were then In order. There was a little
delay and C. J. Smyth rose and said he
"would nominate some one who had not
been talked of In this connection. I sug
gest we lay anlde all previous views and
recommend T. J. Mahoney."
Mr. Mahoney begged the convention to
proceed seriously. The convention later
accorded him more votes than any candi
date except Mr. Learned and Judge Muu
ger. How serious the votes were, Is a
question. Mr. Mahoney himself did not
take the affair as in earnest. Then John
L. Kennedy nominated Myron L Learned.
"For nineteen years." said Mr. Kennedy,
"the man I nominate and I were associates
and partners In the practice of law, and r
can say with all consclentoiisness. with
personal friendship entirely shelved, that
he would make a most excellent Judge on
any bench In the land. I nominate Mvron
L. Learned of Omaha. "
C. A. (loss rose to speak for Ralph W.
Hreckenrldge. Mr. Uohs said that Mr!
Rreckciiridgo asked his friends not to vote
for him. Judge K. Wakely then nnminatid
JudKe William II. ,1 linger of the i'nlted
States Dixtrlct court.
John M. Stewart of Lincoln notnlnaled
his fellow townsman. H. H. Wllaon. The
ballot followed, Mr. Learned getting
forty-seven more votes than his nearest
competitor, Judge Munger.
Learned 'I hanks Association.
Mr. Learned was called upon to address
the convention. He Kpoke a few words of
thanks and appreciation. The convention
after elec ting officers adjourned sine die.
In the evening the annual bar banquet was
held at the Rome hotel.
Copies of the official record of endorse
ment were ordered sent to President Taft
and the Nebraska representatives In the
senate and the Imiukc.
The forenoon fight was a lively one.
When Mr. Whltelock had finished his adore.-
the opening gun a sounded by 11.
G. Hurbank. who lead the pro-endorsement
hunts on the floor. Mr. Hurbank of
fered a resolution "that this association
do now endorse." He moved to adopt the
resolution and demanded a roll call on
the motion, instantly D. O. Dwyer of