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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 31, 1911)
The Omaha Daily Bee Locking Eatlnrard This Dxj la Omaha WEATHER FORECAST. Fair; Colder AC VOL. xli-ko. us. OMAHA, tiTaSDay mdknl(j. ocT(iu:r ;n, jiii-tvkivk p.ujks. SINCl.K COPY TWO CKXTtf. BORDWELL RULES AGAINSTDEFENSE Judge Accuses Attorneys in Mc Namara Case of Trying to Cir cumvate Hi Decision. HE REJECTS TWO CHALLENGES Disbelief in Circumstantial Evidence Available to State. THREE MORE PASSED FOR CAUSE Darrow Takes Exception to Both of Court's Rulings. INVESTIGATOR FACES TALESMAN Attorney in Emptor of llefenae Con fronts Venireman Who Had Sitid lis Had Not Told Any One of Opinion. I.OS ANGEI.ES, Cal.. Oct. WV-Judge Walter llordwell accused the defense In the McNamura murder cuse today nf trylnK to circumvent his ruling and rn Jected two challenges against talesmen which formed the baBls of his suppost tion. He alxo refused to the defense the privilege of challenge against a Jnror who eatd ha would not convict a prisoner In a capital case on circumstantial evidence alone and holding that this challenge was available only to the state. Under these rulings the Jury box con tained at the close of court tonight three men passed for cause by both sides. In addition to the four qualified when the day's aesslon opened. To both of the court's main rulings today Attorney Clarence 8. Darrow took exception In be half of Ms client, James B. McNamara, who la on trial for the murder of Charles J. Ilaggerty, a victim of the Los Angeles Times explosion a year ago. For the first time since the trial bo-a-an, the defense brought Into court to day one of its Investigators to confront a talesman. 8. B. H. Fitzgerald, an at torney, took the stand after Oeorge W. Johnson, a retired auperlntendent of an Iron and brass foundry, bad said he had not told anyone It was his belief thnt the Times was blown up by union men and had not talked to anyone about the case. Fitzgerald testified that he vis ited Johnson to obtain some statistical Information, In making his decision the judge de clared the defense's second challenges were with Intent to get rid ot the men for grounds other than those made in the challenge. He said that if the defence had opposed the challenges presented Sat urday by the state against Talesman T. J. Lee, under somewhat similar condi tions, he would have disallowed the chal lenge also. The decision destroyed the hope ot the defense to get rid ot Winter and Framp ton without using two of their precious peremptory challenges. Winter, In hi catnlnal!6n, said he fiad an opinion which It would require evi dence to remove that James H. McNa niara, on trial for the murder of Charlea J. Haggerty, a machinist killed In the Loa Angeles Times explosion, waa guilty. Krmpton'a statements were still more positive. Under the law the court is the sole judge of whether a man can give a fair trial. RESTRICTIONS PLACED ON STATE QUARANTINE LAWS WASHINGTON, Oct. 30.-Restrictions were today placed on the enofrcement of the quarantine regulations of the Depart ment of Agriculture when the supreme court of tho L'nlted States held that a railroad which receives sheep under cum amine in a state other than that in which they are quarantined does not violate the laws, authorizing the quaran tine. In so holding the court affirmed the decision ot the Ohio federal court, - which quashed an Indictment against the Haiti more & Ohio and Southwestern on charges of having violated the quaran tine against Kentucky sheep in 1910. PRICE OF REFINED SUGAR . IS REDUCED TEN CENTS NEW YORK. Oct. 30. All grades of re-f'ned-sugar were reduced 10 cents per 100 pounds today. The Weather For Nebraska Fair; colder In eastern portion. For Iowa Generally fair weather, ex cept rain In eastern portion; colder. Temperature at Omaha Yesterday. Hours. Deg. 6 a. m :w g a. m 7 a. m us 8 a, in S"' it a. m ' 10 a. m , 4i 11 a. m 41 12 m 4 -' 1 p. in 43 2 p. ni 41 3 p. m 4.'. 4 p. m 4; 5 p. m 4i S p. m 4' 7 p. m 4ti i p. m 4C tomptriilte I.ocul Itecord. 1011. 1910. 19f. Iff. Highest yesterday 4fi 70 7i 40 1 rut yesterday ..a... 38 4S wi M Mean temperature 42 to : I'recipttation 13 .o .OU .0) Temperature and precipitation depart ures from the normal: Normal temperature Deficiency for the day 4 Total excess since March 1 "3i Normal precipitation 07 inch F.xccss for the day f'ilnch Total rainfall since March 1 12.87 Inches Deficiency since Match 1 14 M Inches Deficiency for cor. eriod, 1910. . IS. 61 inches Deficiency for cor. pertorl, li.. 53 Inches Heporta frwui stations at T 1. M. Station and State Temp. ll'Kh- Ha'n. of Weather. 7 p. m. est. fall. Cheyenne, pt. cloud v M '. MO Duvenpoit. raining 44 4t .2 Denver, cloudy jii hi .Oi 1 vt Mo'.ntu, cloudy 44 41 .24 iNHlgv City, i lear '. &x .' Ijuxler. cloudy 'Jti 4i . .Oi North Platte, clear 42 .r.i .! Omaha, cloudy 4t 4-i .13 1'urtilo, clear 4H W. .OI Itupid City, clear 3 : .ml Fait I-aka f'itv. clear 62 6m .' hanta Fe, cloudy to 4k Mien Ian, clear 34 44 0 flour I'tty, clear St 4 .u VeaoUlte. clear it 42 ,ju L A- WUn, Local ftMCvaaMr. Congressman Copley xeiis oi uonversation With Lorimer CHICAGO, Oct. 30. Congressman Ira C. Copley of Aurora, III., today testi fied before the committee of United State senators investigating the Lori mer case that lie told Lorimer In De cember, 11 OS, that Lorimer could be elected Vnlleu Pistes senator on a non partisan basis. Copley also said that lee ONell Browne several weeks before I.otlmer's election predicted that the senatorial deadlock would lie broken with the re election of Senator Hopkins by demo cratic votes. Rrowne lutor, however. shifted to Larimer, said the witness. The Interpretation of the primary law whs such that It ivf an oppor tunity for Individual action. Although Instructed for Senator Hopkins, many members of the legislature voted fur hlni only once ami then turned to other candidates. Hopkins personally was no! popular," the witness said. Copley said that nfter Senator Hop kins' majority hud been broken, lie (Copley) was for Governor Dcnecn, until he finally refused to lie a candidate. The witness sslil he talked from Spring field with Roger C. Sullivan in Chicago when it was reported that Senator Hop- kins had pledges from a number of democratic members. Mr. Sullivan came to Springfield and told his democratic followers they must not vote for Hopkins," the witness said. 'Did you believe there was money used In that session In a jackpot or other form to corrupt legislation?" asked Senator Kenyon. I wouldn't like to answer that ques tion. I have not a knowledge personally to back up such an assertion." Congressman Copley taid he considered that there was no possible opportunity for the election of a democratic United States senator. Copley said that he spent s,000 or 19,000 as expenses In the primary cam paign against Senator Hopkins In the congressional campaign and In the cam paign for Senator lorimer. He denied that any of tills sum was used corruptly. Copley asked permission to correct a statement by James Keeley of the Chi cago Tribune on the witness stand in Washington last summer. "Mr. Keeley told as a fact that I said Fred Blount was in Springfield with a bag of money," he said. "Now I heard that story simply as a rumor and I so told Keeley. I did not see Blount any time that session," Edward D. Shurtleff of Marengo, 111., former epoaker of the house In the Illi nois legislature, was the next witness. Shurtleff said that he had served three terms as speaker and th9t his candidacy for the speakership In tho forty-sixth general assembly was announced imme diately after the November election In 130J. 1 Girl Dies of Burns After Five Days of Awful Suffering M1TCHKLL, S. D., Oct. 30 (Special.) Death resulted in the case of Miss Kva Hutchinson Sunday. She was burned se verely five days ago from the attempt to make a fire in the kitchen stove. In which she used kerosene oil. It exploded, her clothes caught fire and the Interior of the kitchen was in flames, all in a sec ond. The girl made her escape from the house by running through the wall of flame and threw herself to the ground, rolling over and over, trying to extin guish the fire. ' Unsuccessful In this, she ran to a water tank standing near the barn and threw wuter on her clothes, but to no avail. With the exception of the upper part of her waist every stitch of clothing was burned. She secured u piece of carpet fiom the barn and, wrapping It around her body, she walked a quarter of a mile to a near neighbor, where she was cared fur. From her arms down she was burned nearly to a crisp and there was not tho slightest chance for her recovery. She was IT years old. Neighbors hurried to the farm house, which was eleven miles northeast of this city, and saved a Binall portion o ftho household goodi. the parents being away at the time of the fire. New Clue in Dr. Knabe Murder Case INDIAN APO LIS, lnd., Oct. 80. That a man was seen to emerge from a passage way at the sldo of the apartment house in which lr. Helen Knabe was killed by a knife blow at 11:1" o'clock last Monday night, the night Dr. Knabe met her death, was reported to the police today by H. W. Huskell, jiroprietor of a tobacc shop. Haskell tuld that the man walked hurriedly in tho opposite direction. He was tall, well dressed and wore a dark mustache. In tailing up this clue for investigation the police said that though the hour at which Dr. Knabe wad slain apparently iiad been set at 12:10 o'clock, there was a possibility the man Haskell saw was the murderer und that he lurked about the neighborhood awaiting his chance to en ter the apartment tlnseen. Coroner C. O. Durham today announced that examination of the many surgical Instruments In Dr. Knabu'a apartment showed that none of them was used by the slayer of the physician. NORTHWESTERN OPENS NEW SHOPS BUILT AT BOONE HOONF., la.. Oct; 30.-fpecuU.)-The Northwestem's new Improvements here consisting of shops, round house, heatiug ystem, power plant und water works, costing a million dollars, were thrown open this morning. Men were formally transferred frcm the old shops. The new yards, covering many miles of track, were thiown open some time ago. Mast t'ruabed la Kork Hprlugs Mine. HoCK SPRINGS. Wyo., txt. IX-lSpe-clal ) Harry Bpludlow waa ciushed by a trip train In No. It coal mine yesterday and died a few hours luter. The trip had Just been baulid up. but the cable broke and the cars rushed back down the In cftne, catching Splndlow bvfota L could tcp out ut tu CHINESE THRONE GRANTS DEMANDS Edict Provides for Full Constitu tional Government and Pardon for All 'Pnliti.Mil Offer, rl or. . ..v CONCESSION COMES TO Vv - Belief in Peking that Sumaer Will Not Save Manchu Dynasty. CITY OF HANKOW IS BURNING Imperial Troop3 Deliberately Set Fire to Native Quarter. CANTON JOINS THE REPUBLICANS t;iaantlc Mass Meeting, I'nwin Iteso latton and .cw Finn Are Hoisted lllir Housetop l)eille the lctrw)'a 1'rotcst. PKKIXG, Oct. - The tin one has ac ceded to the demand of the nulional as sembly for u complete constitutional gov ernment. In un impeiiul edict Issued to day the throne humbly apologised for Its past neglect and grains, an Immediate constitution, with a cul'itu t from which nobles shall be excluded and a free pardon for the rebels and all political offenders. The government lias received reports that the rebels from Tal Yuan Fu, the capital of Shan-SI province, have marched eastward and cut off General Yin Tehungs railway communication with Peking. Tni Yuan Fu Is SaO miles south west of Peking and has been reported before as having Joined the rebellion. The government is preparing for the defense of Peking. Terror lias now seized the highest officials, many of whom are deserting their posts and flee ing to Tien Tsln. It Is feared that today's surrender on the part of tho throne has come too late to save the situation. SHANGHAI, Oct. 30.-A wireless mes sage from tho British warships at Han kow says that the imperialists are burn ing the native city of Hankow and that the entire advance of tho government forces Is marked with hideous brutality. The complete surrender of the throne to the demands of the revolutionists Is considered -here to have been an out come of the negotiations between tho latter and Yuan Shul Kai. LONDON, Oct. 30. A dispatch from Shanghai says that after the hard fought capture of Hankow the Imperialists de liberately set fire to the native city, Hundreds of woundod revolutionists perished. ' He verses of Rebels Mot Sertons. TOKIO, Oct. 80. The reverses ot the Chinese' rebels at Hankow are riot con sldered here as serious, etragetlcally the city is valuless and Its possession would heavily rrandfr-aff the 'rebels.' It Is prob able that they will strongly fortify Wu Chang and make that city - their head quarters. The request of the Chinese government for a loon having been made through Sheng-Hsuan the then minister of posts and communications, fell through as a result of the minister's disgrace. As a result of the general chaos in China the Manchurlan loan has been definitely re fused. SAN FJtANCISCO. Oct. 30. A cable gram received here today by the Chung Sol Tat Po says the city of Canton voted at a gigantic mass meeting yester day, at which a majority of its citizens were present, to Join the revolutionists. Formal resolutions were passed, recog nizing the revolutionary government and notifying the viceroy of the action. Tho republican flag was Immediately after ward hoisted on all the housetops of the city, In spite of opposition by the vice roy. A dispatch from Hongkong says the city of Fai Chow has been taken by the revolutionists. "WASHINGTON. Oct. SO. A republic named Kwang Tung has been established by the people of Canton, Kwang Tung province. China, Consul General jjerghols cabled to the state department today, The Manchu garrison of the c'ty has been guaranteed protection. Scope of Safety Appliance Act is Greatly Broadened WASHINGTON, Oct. S').-.A a weeping interpretation was given today by the supreme court of the Vnited f-'tates to the federal safety appllbiico acts when It held that the law Is violated by khlp merits by one point in a state to another point in the bume state, if carried In a car not properly equipped, but which is used on a railway that U a highway for interstate commerce. This holding of the court was an nounced by Justice Vandsvanter In a case brought by the government against the Southern Hallway comiany. It was nl leged that couplers were out of repair on cars which carried five shipments. The three shipments which originated within the state of Alabama and which were destined also to points within the state afforded the principal contest. HUGO BROWN OF KANSAS CITY KILLS WIFEAND HIMSELF KANSAS CITY. Oct. 0.-IIugo Urjwn. aged 41. agent for a barbers' supply com pany, thin afternoon shut and killed his wife. Margaret, aged then shot him self to death. The tragedy lock place In the parlor ol the lirown home In this city, where the couple was f iund a few minuies after the shotting, locked In each other's arms. No cause for llruwn's deed Is known. ST. LOUIS SCHOOLMASTER IS GUILTY OF LARCENY ST. 1)1IS, Oct. an.-Allan P. Richard son, former superintendent of the city Industrial school, waa found guilty of grand larceny of city funds by a Jury in the circuit court here today and his pun ishment fixed at two J ears Imprisonment In the penitentiary. Two Indie, menu chaining kome offenses against RlcharU Mn are still ocu--- Front the Cleveland 1' TAFT PROYES PHILOSOPHER Says Hopes People Have Only Chas tened Republican Party. WEARIED BY HIS LONG TOUR Address at Hamilton Club Follows I.)lnu the t ornerstone of .New HulldliiMV mill Trip ThrouaU stock Yard. CHICAGO, Oct. 30.- President 'l'aft sur prised a large audience ut the dinner of tho Hamilton club today by a stutement In connection with the coming national election. He was speaking to an audience f republicans. Republicans present hastened to ns- crihe tho president's utterances to weari ness nfter his long tour of speechmaklng and especially after the three days' hard "campaign" in Chicago. It was his last public, utterance In Chicago before leav ing for ItlUburgh tonight. He said: 'Now we are at some people think the ci-IbIs in tho republican party ( with respect to Its continuance In tho guid ance of tho nation. I am hopeful that the good people of the country, who know a good thing when they see It, have only chastened us In an off year In orde(f Jloston and Farley of New York, offl that wo may be better hereafter, but with no Inlelitlon of shifting from shoul ders that are fitted to bear the burdens of the present problems and carry them to a successful solution to thoso which are untried and which have new theories of action that we do not believe in and wo do not believe tho people believe In. However, if so bo It that they desire to make a change, we shall loyally support the new government under any conditions with the hope It will Inure to the benefit of the country, but with the consolation that if after one triul the people think they ought to go back to the old party thut has served hem so well In tho pro gressive days they will do so we can bear that, my friends, that la all." . After ills address the president retired In seclusion at his notel for rest. Though he professed no weariness the three days' steady strain hail told on Hlni und It was a tired man who led tho presidential party out of Chicago at 5:30 o'clock oes the Pennsylvania railroad for Plttsburgn. The address before the Hamilton cluh. In which the possibility ot defeat found expression, followed the laying of the cornerstone of the new home of the Ham ilton club, one of the leading republican clubs of the middle west. A surging crowd In the street strove so energetically for a glimpse ot the president that he was unable to speak for more than a few minutes preceding the nctuul laying of the atone. The cornerstone ceremony followed a trip through the stock yards and a visit to the nutlonal dairy show at tho Dexter pavilion. The remainder of Ills day till spent at bis hotel In receiving politicians anc. friend:). lllli lMUM.lt AM AT riTTSni HUH Mrenuoiia Day with I'nlqa Features Awaits f'nuiliiK ot President. PITTSBURGH. Pa., Oct. 30. A ftrenu- ous and varlod entertainment, filled with unique features has been arranged for the visit of President Taft to this city tomorrow.. The inuln . events are the first unnuul meeting of tho national mine safety demons! ration and first-ald-lo-the-lnjnrcd competition of tho Cnlted States bureau of mies; the cen tennial of the beginning y steam navi gation on the western rivers, and, at night, tho bati'iuet if tho Pittsburgh Chamber of Commerce. The president "will retu h hern ut C:3l a. in. on urtnhcr :tl from Chicago, and will leave hue for Mot gaiitown. ,'. Va., early the next morning. Pittsburgh was to have been the last stop of the presi dent on his present trip before returning to Washington, but the trip was ex tended to include participation in tho In stallation of officers of the I'nlwrslty of West Virginia, the dedication of the Lincoln farm memorial nl Hoilgeus vllle, Ky.; a biief rest at Hot Springs, Vs.; a visit to several places In Tenuis see and u, stop at Cincinnati t vote on November 7. After breakfast in his private cur the president v.lll go In Forbes field, where will be held the competition of tho fli.-t-aid-to-the-lujurtil teams from all parts of tho country, unuer the auspices of the Vnited States bureau of mines. The mine fcafety demonstrations will bo held at t lie eonchislon of the competitions. In the test of explosives mriuge gallery, or inlnature cou mine, will he uc Al the conclusion of the mine experi ments and tlie " onictlt;oin President Taft Mill pieenl medals to the vlclois. following Oils a parade of pi.ii? minus, each representing one of the 1H.K7 men killed in coal mines of the I nlted Stat' Continued uu betwut Pa That Fall Feeling J) TimM'' lulu EDITOR OF NEW YORK WORLD WHO DIED SUNDAY. josicvh rriJTZF.R. Three New American Cardinals Will Start for Rome Next Week WASHINGTON. Oct. 30,-Mgr. I Homed Falconlo, the aposbplc delegate to tho l'nlted Rtates, and Archbishops O'ConnvU clal notice of whose selection as addi tions to tho college of cardinals waa re ceived here today, probably will sail for Rome not later than November 10. Mgr. Falconlo received his summons to duy to attend the consistory at Homo No vember 1T7. Ho does not expect to return to America, us his position will be ad visory to thn pope. Rev, llonaventurs Cerreltl, the auditor of tho pupal delega tion, will act ns charge de-uTfulres until thn appointment of an ablegate to suc ceed Mgr. Falconlo. Mgr. Falconlo said he hoped to bo able to sail by the dHte mentioned. Ho .ex pressed his appreciation for the uniform kindness of thn American people since ha came to Washington. "I have become greatly attached to thn American people, because I am an American,' said he. "My work In Washington us representative of Die Vatican has been most pleasant. I leave here with many regrets, but must obey the call to other fields." ROMK, Oct. 30. Comments on tho ap proaching ennsistoty when seventeen car dinals, including three from tho l"nlted States, will bn created continue to em phasise, tho greut significance of Pope Plus' decision to grant America four rep resentatives In tha Sacred college. Hy some. It is asserted that tho way is being paved for tho advent of an American pope. It is pointed nut thai the largest body of Catholics In the world Is to be found 111 tho l'nlted Stutea and its possessions, tho Philippine ImIiiiiiIh, Hawaii, Porto Rico und (luiini. Not oulv lire the Cath olics of America superior In number, but In deep religious feel, loyally to the holy see. in weisith and gem-rofliy. An Irb.li- Amerlcan pope Is suggested for tho clay when It shall be considered no longer neccKury or the papacy to be held by an Italian. The American rollego faculty and slu- ilents are rejoicing especially over the ele. vutlon of Archbishop Fiuliy of New York nnil Archbishop O'Cnm.ell of Hus ton, as they are alumni of tho college The former was omt of tho original thir teen students when the college was founded by Pope Plus IX. Provision Company Wins Point in Suit Against Armours PIIII.AI'KI.I'IIIA. Oct. Si. -The l.a-lein Provislun coinpuny of this rltj, which ihuigeil li.ut tho Armour company of Ch cuko Was trying to force it out of biin'uess. won a v let ii y ill the I'nlteii .States district loiui here today wic-i: Judge Mi l'herson dismissed a petition In bankruptcy thut bad been filed against thu concern by sevnal creditors. An ut torncy repi -oi'liiig creditor ttuted that an examination of the books of the com pany did not show it we s insolvent. Aged Woman Burns to Death in Home NKURASK A CITY, Neb., Oct. So. (Special. I - A Miiall flame building on Soul Ii Third street, occupied by Mis. Catherine Rlcker. uged 77. was burned this evening. After the fire llio body of thn aged woman was found ill the embeis. Thn limine was locked when discovered by tielnhbors to be on fire. Mrs. Rlcker has lesldctl here: for many year and lias lived alone. Her only son resides at Flgiu. The cause of the I firs la unkuowBk 3r. . JOSEPH PULITZER IS DEAD Proprietor of New York World Ex pires of Paralysis of Heart. LEADING PUBLISHER OF COUNTRY atlve of llnnaarr anil Hose Rapidly From HumbU Position After He Kntered .Newspaper Field Ac tive In Hdarat tonal Lines. CIIARLKSTON. S. C. Oct. M. -Joseph Pulltxer, proprietor of tlie New York World and thy St. l.ouls Post-Olspatch, died ill 1:40 o'clock yesterday alMinrd his yacht, the Liberty, In Charleston harhor. The immisllati) cause of Mr. Pullttor's deuth was heart failure. Ilo had been In III health tor several days but utilll a few hours boforo the end none of those around him suspected the gravity of his condition. The change for the worse came at about 2 a. in. Monday morning, when he suffered an attack of severe puln. Hy daylight ho appcured to be better and fell asleep after 10:30. He awoke at 1 o'clock and complained of a puln In his heart. Soon he fell Into a faint and expired at 1:40 o'clock. Mind Remains Clear. I'P to an hour and a halt before his death Mr. Pulllser's mind remained per fectly clenr. His (ionnan secretary had been reading to him an account of the reign of l.ouls XI of France. In whose career Mr. Pulltxer had always taken the liveliest Interest. As tho secretary neared thn end ot his chapter and came to thn death of the French king, Mu. Pulltser said to him: 'I. el so, gaits Iclse" (softly, nulto softly). These were the last words ho spoke. Mr. Ful it iter's body will be taken north ut 4:30 this afternoon on a special Pullman cur. Thn funera; will be held at Woodlawn cemetery In New York prob ably toward tho ond of this week. Democratic Tactics in the Third District Come to the Surface NORFOLK, Neb., Oct. ja-Hpeelul Tel egram.) An Investigation of thn estate of P. 10. MeKllllp, bankrupt, discloses that In his cnmpalgn for congress in tlie Third congressional district In 1!M, against J. J. McCarthy, he gave checks for campaign purpose amounting to $W,0t)7 .211, and spent in addition to the amount represented by checks tho sum of Jl.'.ono, making a total expenditure In thut campaign of pH.iViT.ES. Tills enor mous use of funds undoubtedly contrib uted largely to McKilllp's financial down fall. I la n V. Siephcns, thn present demo cratic candidate for congress, was his chairman mid political mamiRer. I IDAHO MAN REMARRIES HIS WIFE TO INHERIT $10,000 (From a Staff Correspondent.) WCH MOINKS, la., Oct. .:0. t Special Telegram.) In order to inherit 0.0oo left by hi father, Fruuklln J. Rellley, who was married twelve ears ago by a Catholic priest, remarried his wife, Cora H. Rellley, today and thus compiled with the wishes of his father, who had never recognized the former marriage. Tint situation was so peculiar that the couple hud difficulty In securing a mnr- rlage license from thu county clerk. As Rellley und his wife had not been di vorced uud had lived together since their original marriage, tiie slatn recognized the (oiiplo as man und wifu snil the county officials uw no icuson why a second ceieiiiony should bo performed. As Jlu.tnO was at stake, the rouple pleaded for u second marrlagn certificate ami it was Issued. Rellley was married In I'.n.i the first time but now live at Lew IMoti, Idaho. SPREADING RAILS CAUSE WRECK0N R0CK ISLAND UKATIiU'i:. Neb.. Oct. 30-(Speeal Tel egt am Kastbound Rook Island passen ger No. was wrecked near Imbols, I'Hvtnio county, this morning. Two coaches Jumped tlie track and were hurled in the ruadhed up to the uxlc before the train was stopped. No one was Injured. Tiufflc un the lino ba been bhs ked all day, as It wus Impossible to get a wrecker on the scene until late. Spreading rail caused the wrec U. Itudlcala Win la v Itserlanil. HKRNi:. Switzerland, Oct. 3a.-Vttcr-day elections returned a rudlcal major. Ity to the Nutlonal council. Of 170 seats filled. 110 are. radical, 44 conservative, 9 socialists ami 7 Independent. Flections to the National council are held every three Va' TOBACCO TRUST l'LASSlN COL'KI Hearing on Fro-posed Schenn Reorganization Begins in New York Before Full Bench. GOVERNMENT FILES ITS BRIE It Says Separation of New Companii Must Be Complete. OBJECTION TO JOINT OFFICER There Must Also Be No Joint Off: cers or Joint Employes. LEDYARD dENS FOR COMPAN: He Asks Court that Plan Snliuill ! lie nprnt fil I lliirnr) s for Two Asmx'lnt Ions ot lloinlliolilcrs 1nLe Similar I'lens. Ni:V YORK. Oct. .-lleforo a notubl natherlmr of ilistinuulsheil counsel In til I I ' li i t -f I Stairs circuit colli 1 fill- the south et n district of New ork hearings hegu: today to (IcvInc somn plan of dlssobitln and reorganisation of I he Tobacco trill ordered by thu supreme court of til I nlted States. Attorney Ceneral Wlckerrhutn filed tli government's answer to tho rcorganUa tlou plan proposed by tho Aiueilcan Tc luiccn company and co-defendants In tli anti-trust suit. Sitting un thn bench were Judges Ii Combe, Cuxe, Word and Noyos. At til outset Judke laicomhn announced thn thn American Tobacco company as pro ponents of the dissolution plan wouli first bo heard, lwls Case Lrfdyard, a counsel for the defendant companlei making the opening statement. Following Ihe opening; representative of thn groups of bondholders and nutshl Interests will ba heard. Then the gov eminent will be heard. Ilrlcf of Uo eminent Filed. Tho attorney general, after referrlni to the directions of the supreme court b restore competitive conditions, says: "Obviously thu effect of any plan o. disintegration submitted to the considers, tlou of the court inuut be moru or less I mutter of conjecture, and It la linposslbli for the court to determine. In advanui whether or uot a plan which promised t) restore compntltlvs condition will acta ally accomplish the purpose Intended Any decree ascertaining and determlnlni upon a plan should therefore reserve ti the government the right, at any tlnu within five years from date of entry, t apply to the court for other or furthei ' relief upon a showing that, as a matter oi fact, sucii plan has not resulted In creat ing a new condition which shall be hon estly In harmony with and nut repugnant to thn law. To that end. as well as toi the other purposes hereinafter expressed, oh and every one of the new corpora tions proposed to be organised for tin purpose ot carrying out the plan should ba brought In aa a party to this suit is order to be subjected to tlis Jurisdiction ot the court and bound by its decree." Certain Conditions HnaTarested. The attorney general asks that what ever plun be adopted, It be subject to the following conditions, briefly stated: The eorpoiutlons among which the properties and businesses In the com bination are to bn distributed for a period of five years shall not have any officers or directors in common. I'hese rompanlc shall not have any' stock Interest In each other. I hey shall not employe the same agencies for thn purchase ot leaf tobacco or other raw materials, or for the sale of tobiirco or other products. 1 liny shall not retain or employ the. same clerical or other organization, or occupy the same office or offices. No one or thorn shall bold capital stock In any other corporation, any part of whose stock Is also held by any of the other corporations, among which thu properties of tho combination are dis tributed. "To tho end that the twenty-nine Indi vidual defendants In this suit," the at torney general continues, "shall not In crease their control over any of the cor porations among which tits properties and businesses now In the combination are to be distributed, pursuant to the plan, that such defendants be severally en Joined them, at any tlmo within five years from tho date of the decree, acquiring directly or Indirectly, the legal or equit able ownership of any amount ot stock In any one of suid corporations In addition to tlie amount which they would respect ively hold if and when the plan shall have been carried out as proposed." The further suggestions of the govern ment Included the following: Thut. in the distribution of thn proper ties and businesses now held lu the com bination pursuant to the plan of disinte gration, the corporation shull be allowed to acuulre property, tangible or Intangi ble, which would Invest it with us much as 40 per cent In volume or lu value of any particular Hue. ut the tobacco busi ness. That all covenants in any way restrict ing the right of any company or Indi vidual In the combination to buy, manu facture or sell tobacco or its products, should bo rescinded by the affirmative action of the resK.ctlve parties thereto who are purtics to this suit. That the action terminating covenants be amplified fu an to Include like action wtih respect to all covenants not only concerning tho tobacco business, but any other business which Is In any way em braced In the corporation. That the stock of the l'nlted Ciaar Store company be so'd und distributed to parties other tliun (he twenty-nine In dividual defendants or others of the com mon stockholders of the American To bacco company, to the end that the cor- Tickets to Ameri can Theater. Uoxes of O'Hrien's Candy. Dalzell's Ice Cream Bricks. All are sivew away fret ts ttosa who Und ttuir name u its want ada. Read to want aar every dJ. your name will appear iomp lime, may lie more titan once. No puiiiea to solve nor aub crlptloue to set just read (t .got uda. Tura to tbe want ad paces- there you will find nearly erery business bouse ta tbe city rih Ifctaiae-