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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 24, 1915)
8 THE TiEK: OMAHA, SATURDAY, APRIL 24, 1015. GENEROUS RAIN S0AKSTHE STATE rrora One-Half to an Inch Oyer All Points West of rremont and Ashland Thursday Night GREAT HXLP TO THE CROPS Prsctlcslly all of Nebraska, ac cording to morning reports to the Union Pacific, the Burlington an Northwestern, was given a thorough wetting Thursday and while no lo cality was suffering on account of moisture, It Is contended that the rain will be ot great benefit to tho winter wheat and the pastures. Along the Union Pacific, from Fre mont as far west as Cheyenne, Wyo., there was a general rain, beginning In the evening and continuing until well Into the morning. The precipi tation ranged from one-fourth to one end one-fourth Inches, the heaviest rainfall being between Grand Island and North riatte. On th RiirllnRton syntrni thrre w little rain rt of Aithland.. hut went of tlirr It heavy. At nl around Madri'l thrre waa fully an Inch, It fol lowing two-lnrh rain Thuraday. I'p and flown the valley of th Republican thra waa generally around three-fourth to an Inrh. with on and one-half Inrhea at Red Cloud. Through the aouthern tier of rountlra In the atate the rainfall aa Rrrftated an Inrh or more, with about the aame precipitation up through the and hill country and all the way through to the Wyoming atate line. On the Northweatern the rain waa gen eral all the way from Fremont up the Elk horn and Niobrara valleya and Into the Plark Illlla. North and weet of Nor folk It rained all laat nlRht and In moat loralltlea waa atlll raining thla morning. The precipitation la eatlmated to have been an Inch or more. FIRST CHERRIES OF THE. SEASON ON THE MARKET California rherrlea at fl a pound are now on the Omaha market. The price la accounted for by the fact that they are the flrat of the aeason, and extra choice at that. The flrat ten-pound bo waa old by the Toting-Rurke Commlaalon company to Courtney & Co. It came from Zaocavtlle. Cal. Text of Dissent by Justices Holmes and Hughes in the Leo Frank Case The text of the dissenting opinion In the Frank case, delivered by Jus tice Holmes, follows: "Mr. Justice Hughes and I are of the opinion that the judgment should be reversed. The only question be fore njs is whether the petition shows on its face that the writ of habeas forpus should be denied or whether the district court should have pro ceeded to try the facts. The allega tions that appear to be material are these: "The trial began on July 28, 1913, at Atlanta, and was carried on in a court packed with spectators and sur rounded by a crowd outside, all strongly hostile to the petitioner. On Saturday, August 23, this hostil ity was sufficient to lead the Judge to confer In the presence of the Jury with the chief of police of Atlanta and the colonel of the Fifth Georgia regiment stationed in that city, both of whom were known to the Jury. On the same day, the evidence seem ingly having been closed, the public press, apprehending danger, united in a request to the court that the pro ceedings should not continue op that evening. Thereupon - the court ad journed until Monday morning. "On that morning, wben the solici tor general entered the court, he was greeted with applause, stamping of feet and clapping of bands, and the Judge, before beginning his charge, bad a private conversation with the petitioner's counsel. In which he ex pressed the opinion that there woulJ be probable danger of violence If there should be an acquittal or a dis agreement, and that it Vould be safer for not only the petitioner, but Ms counsel, to be absent from court wben the verdict wii brought in. At the Judge's request they agreed that the petitioner and they should be ab sent, and they kept their word. When the verdict was rendered, and before more than one of. the Jurymen had been polled, there was such a roar of applause that the polling could not go on until order was restored. The noise outside was such that It wa . difficult for the Judge to hear the an swers ot the jurors, although he was only ten feet from them. "With these specifications ot fact, the petitioner alleges that the trial was dominated by a hostile mob and was nothing but an empty form. Ca't Legalise Mob Law. "We lay on one side the question whether the petitioner could or did waive his right to be present at the polling of the Jury. That question waa apparent In the form of the trial and was raised by the application for a writ of error; and although, afttr tbe application to the full court we thought that the writ ought to be granted, we never have been im pressed by the argument that tho preaence of the prisoner was required by the Constitution of the United States. But habeas corpus cuts through all forms and goes to the very tissue of the structure. It comes In from the outside, not in sub ordination to the proceedings, and, although every form may have been preserved, opens the inquiry whether they have been more than empty ahelL "The argument for tbe appellee. In substance, is that the trial was in a court of competent Jurisdiction, that It retains jurisdiction, although, In fact. It may be dominated by a mob, and that the rulings of the state court as to tbe tact ot such domination can not be reviewed. But the argument seems to us Inconclusive. Whatever alsagreement there may be as to the scope of the phrase, 'due process of law,' there can be no doubt that It embraces the fundamental conception of a fair trial, with opportunity to be beard. Mob law does not become due process of law by securing the assent of a terrorised Jury. We are not speaking ot mere disorder or mere Irregularities In procedure, but of a case where the processes of justice are actually subverted. In such a rase tbe federal court baa Jurisdic Hon to Issue the writ. The fact that tbe slate court still has its general jurisdiction and is otherwise com petent court does not make it Impos sible to find that a. Jury has been sub jected to intimidation In a particular esse. The loss of jurisdiction Is not general, but particular, and proceeds from the control of a hostile Influ ence. "Wben such a cane Is presented it cannot be said, In our view, that the state court decision makes the mat ter res judicata. The state acts when by its agency It finds the pris oner guilty and condemns him. We have held In a civil case that it is no defense to the assertion of the federal right in the federal court that the state has corrective procedure 4f its own that still less does such proce dure draw to Itself the final determi nation of the federal question: Simon against Southern Railway Company, 236 U. S. 115, 122, 123. Uaty Imposed on t'oart. "We see no reason for a less lib eral rule in a matter ot life ani death. Wben the decision of the question of fact is so Interwoven with the decision of the question of con stitutional right that the one necer sarlly involves the other, the federal court must examine the facts: Kan sas City Southern Railway Company against C. H. Albers Commission Company, 22S, U. S. 573. C01; Nor folk & Western .Railway Company against Ccnley, March 8, 1915. Oth erwise, the right will be a barren one. . "It Is, significant that the argu ment for the state does not go so fa as to say that In no case would it be permissible on application for habeas corpus to override the findings of fact by the state courts. It would, Indeed, be a most serious thing If this court were to so bold, for we could not but regard it as a removal of what is perhaps the most Important guaranty of the federal constitution. If. however, the argument stops short of this, tbe whole structure built upon tbe state procedure and de cisions falls to the ground. "To put an extreme case and show what we mean, if the- trial and the later hearing before the supreme court had taken place In tbe presence of an armed force known to be ready to shoot if the result was not the one desired, we do not suppose that thin court would allow Itself to be si lenced by the suggestion that the rec ord showed no flaw. To go one stop further, suppose that the trial had taken place under such intimidation and that the supreme court of the state on writ of error bad discovered no error In the record, we still Imag ine that this court would find a suffi cient one outside of the record and that it would not be disturbed in its conclusion by anything that the su preme court of the state might have said. "We, therefore, lay the suggestion that the supreme court of the state has disposed of the present question by Its Judgment on one side, along with tbe question of the appellant'-.: right to be present. If the petition discloses facts that amount to a loss of Jurisdiction In the trial court, Jur isdiction could not be restored by any decision above. And, notwithstand ing the principle of conmy and con venience (for In our opinion It is PIMPLY? WELL DON'T BE! People Notice It. Drive Them Off With Dr. Edwards1 Olive Tablets. A pimply face will not emharraaa you muh lunger If you grt a package of It. Kdwauta' Olive Tableta. The akin ahould begin to clear after you have taken the tahleta a few nlghta. l lranae the blood, the bowela and the liver with Ollva Tablela. Dr. Kilwarda' Olive Tableta are tha euc-eaaful aubatltute for calomel there a never any alokneaa or pain after taking t tie in. lr. Kdwwdi' Ollva Tableta do that which calomel rioea, and luet aa effec tively, but their action la gentle and safe Inatead of severe and irritating. No one who takee Olive Tablela la ever curaed with "'a dark brown taete. a bad breath, a dull, lletteea, "no good" feeling, ronntlpatlun, impld liver, bad dlnpoeltton or pimply face. lir. Kdaarda' olive Tableta are a pure. Jv vegetable compound mixed wlthollva oil. yuu will know them by their olive color. Or. Kd wards epent years among pa tients afflicted with liver and bowel romplalnta and olive Tableta are the immensely efrecttve reault. Take one or two nightly for a week Kee how muih belter you feel and look. 10c and Ibr rer bos. All 1nilts. Tba Olive Tablet Corapauy, Columbus. O. nothing more United States sgslnnt Ring Tuck 194, U. 8. HI, 168) thai calls for a resort to the local appel late tribunal before coming to the courts of the United States for a writ of habeas corpus; when, as here, that resort has been hsd in vain, the power to secure fundamental rights that had existed at every stage be comes a duty and must be put forth. Jary Affeeted hy Mob Spirit. "The single question in our minds Is whether .. petition alleging that the trial took place In the midst of a mob savagely and manifestly Intent on a single result is shown on Its face un warranted by the specifications, v.hlch may be presumed to set forth the strongest indications of the fact st the petitioner's command. This Is not a matter for polite presumptions; we must look facts In tne face. Any judge who hss sat with Juries knows thst In spite of forms they are ex tremely likely to be impregnated by the environing atmosphere. And when we find the judgment of the ex pert on the spot, of the Judge whoso business It was to preserve not only form, but substance, to have beon that If one Juryman yielded to the reasonable doubt that he hlmsolf later expressed In court as tbe result of most anxious deliberation, neither prisoner nor counsel would be safe from the rage of tbe crowd, we think the presumption overwhelming thar the jury responded to the passions of the mob. . "Of course, we are speaking onlv of the case made by the petition and whether It ought to be heard. Upon allegations of this gravity In our opinion It ought to be heard, what ever the decision of the state court may have been, and It did not need to set forth contradictory evidence, or matter or rebuttal, or to explain why me motions for a new trial and to set aside the verdict were overruled by the state court. "There is no reason to fear an im pairment of the authority of the state to punish the guilty. . .We do not mink It impracticable in any nart nf this court to have trials free from outside control. But, to malntali this immunity, it may be necessary mat the supremacy of the law and of the federal constitution should bo vindicated In a case like this. It may be that on a hearing a different complexion would be given to the Judges alleged request and slon of fear. "But, supposing the alleged facta to be true, we are of opinion that, if tney were before the supreme court. It sanctioned a situation upon which the courts of the United States should act; and if for any reason they were not before the supreme court, It is our duty to act upon them now and to declare lynch law as little valid when practiced by a regularly drawn Jury as when adminlstreed by one eiectea by a mob intent on death." Petitions for Clemency for Leo M. Frank are in Circulation and Many Volunteers are Asking for Them. A food start hat been made with the circulation of petitions pre pared by The Bee asking the governor of Georgia to tare Leo M. Frank from the death penalty, and a number of volunteers have already applied for blanks. The first request of this kind came from Arthur F. Geyer, 2320 Dewey avenue, shortly after the paper con taining the plan was off the press. highest court In the lanu. the United States supreme court, a form of recall that I diametrically contrary to the principles which The Bee and Ita dis tinguished editor have eo strenuously atood out against. The action by the federal supreme court In this raw was no mere perfunctory nor technical one, but entered Into the merits of the case, and found that no legal rights of the de fendant had been denied him. The Pee and mm other papers are considering In thla case the newspaper As a graduate of Cornell, where Frank was also graduated, James Richardson, former member of the School board, has written to fifty two Cornell alumni In this locality to enlist their Interest In the movement. "Understanding the situation which exists at Atlanta," said Mr. Richard son, "It is easy to comprehend why this effort should be made for Frank, regardless of the fact that we happen to be members of the same alumni as sociation. I have talked to several Cornell men here and they are ready and willing to assist in asking for clemency for Frank." A sample of many letters that are coming to The Bee Is the following: COI NCII, BLUFFS, la.. April 22.-To tho Kdltor of The Bee: You are to be commended on your appeal In behalf of I-eo M. Frank. It Is Inconceivable that the people of the country will allow this thin to take place, and If the powerful rresg throughout the nation takea up the fight as you have done, it la certain to fall to the ground. I enclose a copy of my letter to the governor of Georgia. R. 8. WILLIAMS, 21 Logan Street. But one protest has come In, which we herewith print, although the ob jection is fully answered by the dis senting opinion of the, minority of the supreme court, Justices Holmes anl Hughes, which will also be found bo low: FREMONT, Neb., April 22.-To the Editor of The Bee: The conspicuous campaign In your paper for the freeing of Leo Frank In Georgia Is not creditable to The Bee nor to the Jewish race, as represented by men Ilka Kabht Cohn. In tha case of the latter It la clearly a hyphenated American agitation, Bitch as the country has recently seen oUier dis agreeable Illustrations of, regardless of their effects on the Institutions of the country. 1 What else la The Bee now doing but lending Itself to a recall a newspaper recall of a decision and that; too, of the forum, one which may wholly Ignore and hence cast disrespect upon an me courts, J. F. HANSON CLERK LEAVES WITH MONEY OF THE SALVATION ARMY Frank Brown, who has been night clerk at the Balvatlon Army Industrial itome let the last winter, disappeared from that Inrtitutlon Thursday night, as did als J.J6 belonging to the Army. LJ VsSw 1 V Spring Money Saving " nl O 1 VI' XV Nhna n a All the new spring styles for women in ATfnrda. high shoes, including the & v inni in gun metal, patent and dull kid. all go $2.45 Men! Supreme Values for You Brand new styles In high shoes and oxfords, every pair worth from $3 to $6 per pair, during this sale 0 45 1 $2.95 your choice at All Men's Elk Outing Shoes J Mall Orders Filled Same Pay As Received, and We Tay Parcel Post. 1C1 C M Loyaionoeoiore Loyal Hotel Building 16th and Capitol Ave, Omaha m rr S3 and S5 Hat Sale Saturday Why is it that some women are so much more youthful looking with a hat on than without? That's the Milliner's Secret. Let Our Artists Put You in That Class prHATS to SELL at EACH these are a very special purchase just in. bamiiar in character to those admired so much, and sold so freely at Eas- "White Milans, Hemps, Leghorns. Sand Shades and Blacks. Trimmed with flowers, wings arid ribbons. rzHAT jf I M8t of J C J tertime. W 2 Fretty trimmed hats in blacks and colors a most unusual offer ing so early in the season but there is a special reason and an import ant object to be gained. Too long a story for now of more interest to you will be the price. ON SATURDAY Now the first lot contains hats worth $10. S15 and ven more dollars than that' The $3.00 lot embraces hats also worth 2, 3 and some would say 4 times that price. Come early; the salo starts at 8:30. Here is one place where the race is to the swift. Do you remember Dickens' story of Sarah Gamp's false hair. "It was wrong to call It false," he said, "for in truth it deceived nobody." The fairy stories which you read nowadays deceive very tew. No deceptions ever practiced in this store of yours. Satard ay will fee another great day Kilpatrick's ON SATURDAY WILL END THE SKIRT MAKING FOR $1.00. Hundreds upon hundreds of de lighted customers testify to the sat isfaetoryxcut, work, style and finish of our' MADE TO ORDER SKIRTS Not cveiy woman likes to be dressed like some other woman, and ko such opportunities as are offered in this made to measure movemeut is welcomed by particular dressers. You have our large and well se lected stock of Dress Goods to choose from. Prices low as usual. You pay only for the exact length re quired. First to oitier, first to get. Cannot promise deliveries now be fore May 15th. This is the last cliawo to gf t under the wire at THE ONE DOLLAR PRICE ONE WEEK more of SUIT and COAT makinir. Coats made for $6.53. Suits made for $18.00. At Glove Section we have opened up 40 Doxen Pairs of Choice Kid Gloves of all colors. Saturday 98c. Unmntchable, we believe, below $1.25 PER PAIR. Elbow length Silk Gloves, im ported, 79c and 98c. MRS. JONES is back from NEW YUKK. UITYl . There is much sig nificance iu this announcement. Her long general exixrience East and West makes her counsel of great value. Good judgment and good tasto are hers also. Many of her purchases are in. Oh, My! is a fre quent exchmiHtion from those who hnvc kwn the lieautiful New I Mouses, New Suits, New Dresses. IteminderH of Fifth Avenue, good dressers sav. Many of the Garments enumer ated below are shown for the very first time in ANY RETAIL STORE. CREPE DE CHINE BLOUSES All the most popular colors and shadings Maize, Flesh, Cream. All the appearance " and chicness of a $6 garment. Saturday, $3.75. THE BEAUTIFUL NEW SUITS Look carefully through the new suits. Many in material, make, etc., fitted to go into the $40.00 class. Saturday, $25.00. THE SEPARATE SKIRTS Skirts of the faultless fabric, Ifampoer Chuddah, with the flare Tunic. Saturday, $5.00. CHILDREN'S AND JUNIOR SECTIONS! Children's Cotton Dresses. The very thing for school wear, and so comfortable, clean and useful for the hotter days. Ginghams. Percales, Etc., usuallv $1.50 to $2.00, Saturday $1.29. A Junior Suit made from New Stylish Practical Tweeds. This sume cloth we have sold in suits at $25.00; Saturday, only $10.00. AND HERE'S A BARGAIN IN DRESSES Some aro Silk. Some are Linen. Some classed as Lingerie Whatever the material, they will sell Saturday at $2.98 EACH. Many were $10.00. CHILDREN'S HOSIERY. For a long timo we have 6old Pony Stock ings for Children, made by the Wayne Knitting Co. of Fort Wayne, Indiana. If your children have worn this brand no argument is neces sary. AVe have demonstrated their value and wcarability. The makers have sent us a lot of Kaleidoscopes to give to the children. Very inter esting to look through these and witness the various geometric fig ures and changing colors. One given freely with every purchase of Pony Stockings Saturday. WOMEN'S HOSE The Wayne people guarantee 4 pairs of Stockings for 4 months and the price is $1.00. Their guarantee is backed by us and is absolutely good to you. Another Wayne number is No. 780, Pure Silk, 75c pair WAYNE WEARABILITY and they are beautiful also. MEN'S UNDERWEAR Com plete assortments of spring weights, now shown. Various shapes Union Suits, knee and ankle length, long and short sleeves, $1, $1.50 and $2. All the livelong day we'll have a Tie Sale. Ties with flowing ends of superior silk the designs very good. A regular 50-cent tie; your choice on Saturday at 25 cents each. lively doings in the Basement Salesroom Gathered together in one bit? showing you will find Print ed Plisse, Sheeron Mulls, Lace Cloth, 32-inch Scotch Gingham, Japanese Crepe and a new cloth. Many of these sold as high as 25 cents a yard. Full length perfect goods. On Saturday 12 c a yard. You won't care much whether the maid breaks the Cups and Saucers or not. Read what comes next: Two tables covered with " Plates, Cups At Toilet Section A 50-cent jar of Palm Olive Cream and 3 cakes of the celebrated Talm Olive Soap, all for 39 value, 75c. Madame Isebelle's Fac Powder at 29c a box. The regular price is 50c a box. We commend Mr. Gillespie's letter on 6 o'clock Saturday closing to the Retailers' Association. Surely now Omaha has gotten out of her swad dling clothes. Are we still a village! Perhaps it's love of the Dollar. Wonder if it's consideration for the working man. Dear reader, you and the rest of the dear public can give this boon to those who work in stores if you will. Do you caret and- Saucers, Dishes, Jardenieres, etc. Saturday in the Basement your pick at 10 each. SECOND FLOOR UNDERWEAR SECTION Salo of New Gingham and Seer sucker Petticoats. Bight dainty and sensible for use under the summer dress. Priced from $1.00 up. Low Necked Summery Night Gowns Made from soft, light weight fabrics, trimmed in the pret tiest style made to retail at $2.00. . Yours on Saturday $1.39 each. Special Handkerchief Sale for Men. Pare linen. Not more than 12 to a customer, 7y2 cents each. Linens of all kinds are higher and still climbing. 125 dozen All Linen Handker-. chiefs for women initial and plain hemstitched 3V each, or 40c for a dozen. urts. . .1