he Omaha Daily
MTIIEX AWAY KROM HOMK
The Bee Is the Paper
ye ask fori if you plan t be
MOT IkM a tew ear,
nave The In BtUM to yew.
THE WEATHER.
Fair
IN
VOL. XLV NO. 203.
omaiia. wedxksiuy mousing, fkbkuahv u i!ir twklvk paces.
On Tralaa, at motel
Raw ptanAa. ete., 6
SINGLE COPY TWO CENTS.
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.Bee
JURY CONVICTS IDA
MEYER OF MURDER
OF HERSON'S WIFE
Afed Woman Found Guilty by
Eleven Men tt Winterset on the
Charge of Killing Daughter-in-law.
JUST TWO BALLOTS ARE TAKEN
Court Room Crowd'd for Week
with Sp'ctatrs, Most of
. ' Them Women."
VICTIM'S . HUSBAND CONVICTED
WINTERSET, la., Feb. 16. An
agreed Jury of eleven men late today
returned a verdict of second degree
murder against Mrs. Ida Meyer,
aged 80 and reputed wealthy, who
has been on trial charged with com
plicity in the murder of her daughter-in-law,
Mrs. Meyer, last July.
It was announced that Mrs. Meyer
probably will be sentenced by Dis
trict Judge Applegate late this, or
early next week. She was released
on bond of $30,000.
Mrs. Meyer, said to be the oldest
woman ever convicted of a murder
charge in Iowa, was composed when
the verdict was announced.
Tm Ballot Taken.
The case was given to the Jury at 11:26
a. . m , and the verdict waa announced
at 4:45. It waa reported that only two
ballots were taken.
Mrs. M?yer la the second member of
her Immediate family to be convicted in
connection with the murder of the imir
der of the ' younger Mrs. Meyer. The
otner was Fred Meyer, her aon. and hus
band of the murdered woman. He also
waa convicted of second degree murder,
and was sentenced to fifteen years in the
entiary, but la out on bond, pending
an appeal of his case to the supreme
court.
Trial of the mother-in-law was begun
a week ago Monday. Throughout the
trial the little court house waa crowded
with spectators, many of them women.
lrge numbers of farmers traveled miles
to hear the testimony. One of the fea
tures was the jury of eleven men.
A full Jury had been obtained, when
ens of the jurymen asked to b excused.
This waa agreed to by counsel for both
sides.
Contention ef Defease.
Mrs. Kthei Meyer was found dead In
har home near here on July 26, 1915. A
bullet wound was In her head and a re
volver lay at her feet. Mrs. Ida Msyer
and her son charged the young bride of
but a fear months had committed suicide.
However, . the elate ; presented witness
teMestify that the revolver found hear
tha. body, waa .of different eallbor Irani
that which fired the fatal shot. Do
mestic troubles wss advanced by the
state as tha reason for' the murder. All
the evidence n both Mrs. Meyer
and her son was circumstantial.
House,Will Consider .-v
Prohibition, but Not
Suffrage Amendment
WASHINGTON. X. C, Feb. 16.-
Prohibltlon amendments to constitution.
but not woman suffrage amendments will
be considered at this seslon of congress.
The house judiciary committee today
postponed considering the Susan B. An
thony amendment until next December.
Proposals to postpost prohibition were
lost on the tie vote.
C'onsiderstion of all suffrage proposals
was included In the decision to post
pone the Susan B. .Anthony amendment
The Webb prohibltno amendment, which
it was decided to take up. Is practically
the same as the llobson amendment,
which failed last session in the house.
Condemned Men
Marched Through
Streets of Juarez
F.L, PASO. Tex., Feb. S. iMx prisoners
under desth sentence were marched
through the streets of Jaures for half an
hour today, escorted by three drum
corps snd a regiment of aoldiers, prior
to the execution of three of the accused.
Tha procession . waa attended by a' large
crowd of civilian residents of Jaures, at
tha invitation of General Gavlra.
V The Weather
tVaaksa till T n m WaHnaiflav'
r us art m mi t . .miiv.... .
I. n 1 . . S J ' i , l I
i or v ' tn bw i n., t.uunui uiuui toiiu h-hih;
Fair and warmer.
WARMER
Trmperatore
Highest yesterlay...
1x west yesterday...
Mean temparature. .
Precipitation
Temperature and precipitation depar
tures from tha normal:
Normal temperature 24
Kxcesa for the day 4
Total Cefirlncy since March 1 315
MorrnM precipitation H Inrh
leiiciency for the day 02 inch
Toil rainfall since March 1..2S M inches
Deficiency stitca March 1 7S inch
JWtclency for cor. period. rM. 1.45 inches
Deficiency for cor. period. 191). .3 inches
tat ion and State Temp, iilgh- Bain
of Weather. 1 p. m. et fall
Cheyenne. c'-ar 44 ) .00
lavenport, clear it :
nfr. clear 64 tto ,0
es Moines, pt. clouJy.... M .n
lender, clear :u u m
.Vortn riaue. ciear hx ui
Omaha, clear .to XI .00
Pueblo, clear & 14 ,uo
Kail Ijike i liv. clear S 4 ..
flw-riti.-iM. clear at Ui .
alentine, partly rlnud . .4t A .(
U. Ju WLLSii. Lcal rarecaster
Hours. Deg.
J a. m 21
a. m V
.5 2: :::::::::::::!
&Zfe-$ m..m::::::::::::::!S
1111 MJ I V- m 31
V 1 P. m 37
P- m 57
p. m I
r , p. m I
aWMsPMsnawamm-- 7 P- m
K p. in Sj
bi UiMk Yesterday.
11. 181V 1914. 1911
.77 31 41 4S
M V JJ 3r
2 2 H 42
00 .00 .U .00
ROOT SOUNDS KEY
NOTE OFCAHPAIGN
Senator, in Addrcii to New York
Republicans, Says Campaign
Moit Vital Since 1564.
WILSON EEGIMfi IS FAILURE
NEW YORK, Feb. 15. The poli
cies of President Wilson and the
democratic administration toward
the ' International situation arising
out of the European war and the
Mexican disturbances, and, as relat
ing to domestic conditions, toward
the tariff, were attacked by former
United States Senator Elihu Root
today In hla address as temporary
chairman of the New York state re
publican convention, In assembly
here.
No other presidential election since 1864
has been so fraught with consequences so
vital to nstional life a the one now ap
proaching. Mr. Root said, and alt ordinary
consideration which r'sy so great a part
In presidential campaigns "are and ought
to be dwarfed Into insignificance." Ha
promised that if the republican party is
returned to power tho people may ex
pect a foreign policy which will leave
no doubt anywhere In the world of
America's purpose and courage to protect
and defend Its independence. Its territory
and the lives and Just rights of Its cltl
sens under the laws of nations," snd that
the people may expect, alao, that "the
government will stand for full and ade
quate preparation by the American people
for their own defense." -
Lack - of Fares I at.
Mr. Root charged tho present adminis
tration with "the lsck of foresight to
make timely provision for backing up of
American diplomacy b actual or assured
military force;" with "the forfeiture of,
the world's respect for our assertion of i
rights by pursuing the policy of making
threats and of failing to make them
good," and with "a loss of tha moral
forces of tha civilized vorld through fail
ure to truly Interpret to the world the
spirit of the American democracy In Its
sttltude toward the terrible events which
accompanied the esrly stsges of the war.'.'
These, sail Mr. Root, were the adminis
tration's "three fundamental errors." The
temporary chairman (aid in part:
"For the first time In twenty years we
enter the field as the psrty of opposition.
snd Indeed. It Is a much longer time, for
In 1896, in all respects save the tsrlff, the
resl opposition to the sturdy and patriotic
course of President Cleveland was to be
found In the party that followed Mr.
Bryan. It Is our duty as the opposition
to bring the lemocratio party to the bar
of public judgment, to put It upon Us de
fense so far aa we sea Just and substan
tial' grounls to criticise Its conduct, and
to ask the voters of tle country to decide
whether that, party, organized as It Is.
represented' as it has been since it came
tntd Bsfcsr, lis sr shown ItscM eompetent to
govern the country as it should be gov
erned, and whether spirit, Its policies
and Its performance are the best that the
American people can lo in the way of
popular self-government,"'
Doiaeatle Policy la Pallare.-'
Discussing the domestic situation be
fore the European war began, Mr. Root
declared that during the eighteen months
of democratic control there had been- "a
steady decrease, in American production.
In exports and In revenues, and a steady
Increase In Imports and expenlltures."
Enterprise had halted, he asserted, and
new undertakings no longer made their
appearance, and the country's productive
Industries "were laboring under a misfit
tariff devised by the democratic party In
a spirit of suspicion, distrust and hostility
toward American business enterprise,"
and transportation and commerce hal be
come "dull and despondent." The tariff
commission created under republican leg-
(Continued on Page Five, Column One.)
Villa's Friends Deny
He Planned to Wreck
Train on Texas Side
EL PASO. Tex., Feb. IB. Friends of
Francisco Villa denied today that the
outlawed Mexican chief had any Intention
of seeking to force Intervention of the
I'nited States In Mexico by attacking
trains on the El Paso aV Southwestern or
any other American railroad near the In
ternational boundary.
They pointed to the fact that Villa had
sent a messenger to tills side of the bor-
rer a day or two ago bearing assurances
hat Villa had again decided to afford
protection to all Americana and waa plan
ning to concentrate armed forces at Caaas
Grandee for another campaign against
the Carransa government. This cam
paign, It was said, would again make a
battleground of the Bute of Ronora.
Judson Harmon is
Now Suggested for
Secretary of War
WASHINGTON, Feb. IS President Wll
aon today went over lists of names of
several prominent middle-western lawyers
'n search for a new secretary of war.
l "rgenl endor'eincnts for the appoint
ment of Judson Harmon, former governor
of Ohio, Were among them, coming from
some of the pieMdent's close friends. It
aaa aaid that the president was Inclined
to appoint a middle- eatern man if he
could find one.
One Man Killed in
Rooming House Fire
at Sioux Falls, S.D.
SIOUX FALL!, fl. D., Feb. 15.-One
man la dead and several ether persons
sre slightly Injured as tha result of a
fire which last night gutted the oil
Cameron rooming houae on West Tenth
street. C. L. tilie received fatal Injuries
in Jumping-from the second floor to t''i
around, tha flanvs cutting off meana of
e; It by the stall way. A defective furnace
is atippoed lo have caused ths fire.
ROCK ISLAND GIYEN
POWER TO INCREASE
PASSENGER J ATES
por yf..-Kestrainino;
Cvvv-u" from Interfer
v'' ing with Ratei.
LAW HELD TO BE CONFISCATORY
Road Muit Give Bond and Protect
Paisentren" Refundi Pendinj
Deciiion of Case.
NEW SCHEDULE WILL BE MADE
The CbicaRo, Nock Island & Pa
cific Railway company was given
permission to raise Its passenger
rares in Nebraska by a decision
handed down yesterday by Federal
Judge T. C. Manger, Walter I, smith
and Marlln J. Wade. The road la
in the hands ot a receiver
The railroad represented In the
hearing that It sustained a loss of
.87 of I per cent on its passenger
business in Nebraska in 1916 It
claimed that the 2-cent fare law In
Nebraska is confiscatory and uncon
stitutional. ,
A temporary injunction agalnat
the State Railway commission to
prevent that body from Interfering
with the Rock Island in the raising
of its passenger rates in Nebraska,
was granted.
The temporary Injunction will hold good
until the decision of the case on its
merits.
Poaalhle Refande ' Provided.
The receiver of the road. Jacob il.
Dickinson, Is ordered to execute a bond
of tDO.OOO and the railway is ordered to
give to each passenger purchasing a
ticket at more than 2 cents a mile, a
coupon or check Identifying the ticket
purchased. In case the J centa-a-mile
rate Is held lo be valid eventually the
Rock I:"'nd, under this order, will have
to repay to ticket purchasers who show
euch receipts, the difference between the
actual cost of tickets and the cost aa
It would have been at t cents a mile.
The court Is "convinced that the 2-cent
fare rate prescribed by the state law t
confiscatory of the property of the rail
way company, and his not, does not and
will not yield sufficient revenue to psy
the operating expenses of the 1n tea-state
passenger business Of the railway com
pany and to make a constitutional return
upon tho Investment, and for this and
other reasons this court Is of the opinion
that.-house roll No. 67 Is ..violative of
the constitution of the Vnltad States and
veld so, fur as It :reaulres thv Chicago,
Rock Island Jt raciflp. Railway com-
pwny to rhTge no imnw than 1 centaWi
mile per passenger for the transportation
of passengers over Its railroad in Ne
braska, and that obedience to that
statute, -during the pendency of thla suit,
will work Irreparable Injury to the plain
tiff In case the proofs at the final hear
ing establish the same conoluslon which
the evidence and - proofs now presented
established."
Present -laeeme laudeyqaate.
The court holds that, to enforce the
2-cent fare law as regards the Rock
Island road would be unconstitutional. In
theee words:
"The present Income, measured by the
experience of the last three years, is In
adequate to psy a reasonable return upon
the actual value of the property as esti
mated by the railway commission of the
state of Nebraska."
The injunction goes into effect as aoon
as the receiver of the Rock Island files
fllea Its' bond.
The road will boost Its fares In Ne
braska as soon as the schedules can be
made out. It has the power to raise
them ss high as I cents a mile. Of course,
the raised rates can be applied only to
noncompetitive points.
The Missouri Paclflo railroad won a
similar victory a short time ago.
Trustees Accept
Resignation of Dr.
. Charles F. Aked
SAN FRANCISCO, Feb. W.-Trustees
of the First Congregational church an
nounced today their acceptance of the
resignation offered by Dr. Charles F.
Aked, their pastor, now a member of the
permanent peace board established at
The Hague by Henry Ford. Their action
must be ratified by the congregation.
Austrian Airmen .
Drop Bombs Into
Schao and Kill Six
LONDON, Feb. 15. Reuters corre
spondent at Vicente, Ituy, says that hos
tile aeroplanes bombarded the Italian
ton of Schao, fit teen miles from Vicenxa,
yesterday, killing six persons and wound
ing others.
Battleship Oregon
Goes on Retired List
VAIX.EJO, Ca.1.. Feb. ll.-The battle
ship Oregon, "bulldog of the navy," went
on the retired list today when It waa
turned over without formality to the
naval militia of California at the Mare
in the battle of Santiago, July t. im
Inland navy yard. It gained fame by a
cruise around Cape Horn, which ended
Wilson's Name Filed
. Upon Illinois Ballot
ePRINOFIEXD, III.. Feb. M.-Charlae
Boeachensteln, democratic national rom
mltteemsn for Illinois,, lata this afternoon
filed Woodrow Wllaon'a primary petition
a a candidate for the democratic nom
ination for president with Secretary of
Stale Xievenaon. The petition contained
more than i.'0 name.
SUBMARINE BRAVES ICY WATERS OF BALTIC The British submarine E19, when
it arrived back in port, covered with ice after one of the most thrilling adventures of the
war. With the thermometer hovering around ero, the under sea craft forced its way
through the ice floes in the Baltic and sank a German destroyer.
J v ,..,.'. ft y.v, t
HEN'S CLOTHING TO
INCREASEIN PRICE
Shortage of Dyea Will Remit "in
Addition of .Two Dollars to
N Cost of Suit.
MORE COTTON MUST BE USED
A suit of clothes probably will coat
about 2 more next year' than thia
year on account of the shortage of
dyea in America, according to Alfred
T. Cappa of Capps ft Son, Jackson
ville, IH.,1 woolen ' manufacturers,
who spoke before 'the Nebraska Re
tail Clothiers' association at tho Fon
tanels hotel Tuesday afternoon.
.Mr,' Cappa was; speaking on 'Tex
tile anl .the JPrfjeni; Pre, .Situation'!
and was answer lag; a lot or questions
from all sides of the house when
someone put this Question to blm
point blank. . lie said the. actual in
crease In cost of the dying would bo
more than 30 cents a yard for tha
goods dyed. . ' '
He said also that tha Increased ahortage
of wool In the country would necessitate
the use of more and more cotton In the
cloth manufactured, even by. those who
pride themselves on using no cotton and
advertise that they, use no cotton.
Talks of AaWcrtlala.
Vern C. Divine of the Reporter Rervlce
bureau of Chicago spoke on "Advertising
a Clothing Store." He called advertis
ing, "written salesmanship." He said the
average advertiser looks too much for
Immediate results from every advertise
ment he uses. This he pointed out, la
wrong, ' since It takes a ' constant and
steady campaign to get an Idea of tho
standard of a place of business estab-
Itshed In the minds of the public. 'He em
phasised the Importance of honesty In
the composition of the advertisements.
"The publio Is sick and tired," he said,
"of aeelng these advertisements of $W
suits sold' for S19.7B, ' because -they ' are
coming to Vnow on the face of It that It
is not the truth." '
A vera Ad Tea Rtroaa. ...
He called attention to the constant de
mand from business men to 'make hla
ad strong, while as a matter of fact be
said, the average ad Is too strong, - That
Is he pointed out, there is .danger of
overstating the case, or making exag
gerated statement In the mad effort
to make tt strong.
He discouraged the ' ,he "money
back" slogan, fur he said, no matter how
honest you are, you fall to satisfy a cus
tomer onoe In a whllo and when that
customer comes In and you refuse to
give him his money back he will ad
vertise you to his friends and acqualnt-
(Contiuued on rage Two, Column Four.)
Senate Favors Probe
Into Advisability of
Federal Ownership
WASHINOTOX, Feb. 15.-By a vote of
It to 23 tha senate today sent on record
ss favoring congressional Inquiry Into the
advlaability of government ownership of
public utllltie.i as egainst frovernment
regulation and control. It adopted such
sn amendment, proposed by Senator
Borah to 8en.itor Ne-v!and's resolution to
direct Inquiry Into adequacy of railroad
legislation and the Interstate Commerce
commission.
Governor, Carlson
Fires Warden Capp
DEMYER. Feb. 15. Governor Carlson
Issued an order today removing M. p.
Capp as warden of tht stste reformatory
at Iiuana VUta. The trdor chaigea Capp
with Inhuman treatment of prisoners and
Inefficiency In jcrmlttrng twenty-four es
capes in fifteen months, t'app contends
the governor has no authority to remove
him, while the governor claims this
power under the law vesting In him au
thority to re.nova heads of all state In
stil utlons.
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i aril 1
FRENCH RECAPTURE
PART OFJRENCHES
Paris War Office Asserts Portion of
, Position List to Germans Has
' Been Regained.
GERMANS CLAIM PROGRESS
PARIS. Feb. 16. (Via London.)
l In the Champagne district, French
troops have recaptured a portion of
the advanced trenches occupied by
the Germans on February . IS, ac
cording to the ann6uneement given
out by tha French , war office this
afternoon. , ."'."'
, . , ' ' ' 1 ' ''' ' ''
BBRL.lt, '..Feb.'. 1S.MVla j LertfonO-'
British positions over a front ot yards
near TpresV Belgium have been capture J
by, the Germans, the war office an
nounced today. - ,
The text ef the Statement follows:
. "Western front: Southeast of Tpres,
after heavy artillery, bombardmenta by
way of preparation, our troops capture.!
aome 800 yards of British positions. A
majority of the defenders of tha British
trenches war, killed. One officer atid
aeveral dosnn men were made prisoners.
"On the road from Lens to Kethune,
after a successful . mine eco'oslon ws
oocupled the border of the crater. 'Ths
enemy . continued the shelling ot , Lens
and Its suburbs.
"South of the Comma nnsucceSaful
hand grenade attacks by the French
ware followed by heavy artl'lery combats
lasting into the night.
"Northwest of Rheims the French at
tempted gas attacks, which failed.
"In the Champagne, after strong artil
lery preparations, a weak a.ttaek was
made against our position northwest of
Tenure. It was repulsed easily.
"East of the Mouse our front between
Flabas and Ornea waa shelled vigorously.
"A night counter attack by the French
against the position near Obereett, which
we recently oonqursd from them, failed,
, "Eastern front r The situation generally
la unchanged.' There was vigorous' artil
lery fighting on the section of ' the front
held by. the army of General Von Both
mer. Near Grobla, on the Barwth, north
west of Tarnapol, a German battle aero
plane shot down' a Russian machine,
whose pilot and observer were killed."
Coal Miners' Wage
Dispute Referred
to Subcommittee
MoniLK. Ala., Feb, 16 -The eleven de
mands of - the - bituminous coal , miners
from western Pennsylvania, Ohio, Indi
ana and IUInols. . which they, hope to
have drafted Into a new wage-scale 4o
take the place of tha one that expires
March 31, were referred today to a sub
committee by the Joint conference of the
operators and miners of the central com
petitive fields.' IYior to submitting the
whqle, matter to the smaller committee
the opertor's formally voted down' tha
second demand of the miners which
calls for. an increase of wages of 10
cents per ton.
The Joint conference ws adjourned
subject to the call of' the 'sub-committee.
. i
Break in Big Levee
Drives Thousands
From Their Homes
. . .
NATCH f-iZ, IMs.. Feb, lS.-Misi,ssli.pl
j liver f ooos were sweeping today through
two new urea s in tue leveea on me
Louisiana side aUu,t six miles from
Nowallten. . i . ,
Tha 2.000 Inhabitants of Newellton. St
Joseph and Waterproof, La., In the flood's
path were fleeing from their homes on
special trains for this city, panger warn
ings, snt by telephone and eourtor, It
was thought had averted lose of tli'c.
Federal engineers aaid that Twisms,
Concordia,' Franklin and Catahoula par
ishes would be Inundated, the last two In
part. The crest of the flood irobabiy will
reach Ketches li three days.
TWENTY-ONE CAUGHT
IN BURNING MINE
Nine Bodies Recovered from Blazing
Copper workings at Butte by
Rescue Crew.
TWELVE ' MORE MEN MISSING
BUTTE, Mont., Feb. 15. Twenty
one men probably have perished, ao
cordlng to the rescue workers at tho
Pennsylvania, mine of, the Anaconda
Copper Mining .company, la which
fir broke out In one of the levels
while JI0 miners were at' work last
night., Nine bodies had' been raised
from tha (ulna before noon , and
twelve 'War tinaooonnted for.
A new ventilating system wss installed
m the fr,lne today which changed the air
currents and made .exploration of alt
levels in the affected area possible. The
mine is tsno feet deep."
There waa still hope that some of the
twelve missing might have -escaped Into
the workings of other nronertlea.
Within a few minutes after the fire
was discovered in the timbering at the
l.jno-foot level near the shaft, gas fumes
and smoke poured into the higher work
Inge of the mine. Station tenders were
ordered to warn the hundreds of miners,
aome of whom were aa much aa a quar
ter of a mile from the shaft
Hlgnals to the engineer from the cage
came from half a dosen levels at once.
Insistent calls came from the 600-foot
level. One. cage full of men waa taken
from there, but when tt was again low
ered to this level there were no men at
the landing. William O. Mitchell, assist
ant foreman'of the mine, and Jack Bran
nan, a miner, who volunteered, were
quickly lowered to the 500-foot level.. A
few. minutes later .their dead bodies
were found by first air rescue crews.
Doth were overcome within a few yards
of the shaft. First aid teams with com
plete equipment of respirators and oxy
gen helmets had great difficulty In pene
trating the drifts. ' .''
Most of the dead and missing' men
were at work on the SflO or ; adjoining
levels. .
Officers of the Anaconda company gavj
out a statement saying they - had ' no
means yet of determining the cause of
the fire. . .
Britishers Selling.'
East Jndian Rebels
Arms Go to Prison
(Correspondence of the Associated Press.)
SHANGHAI, Jan. 10. Plans for a
wholesale uprising against the Drttlsh
authorities In ' India were divulged In a
veiled manner today In the English su
preme court. Rldmond Hay Abbaas was
sentenced to fifteen years' Imprisonment
and his son, Oswald Abbess., to two years
for Illegal traffic In arms in violation
of the British defense of the realm act
Both, are naturalised -British subjects.
The evidence showed that the father
snd son' had engaged In selling to the
enemies ot Great Britain 16.000 rifles,
l.one revolvers and about l.&oO.OOD rounds
of ammunition, the recipients Of which
it was charged Intended -to deliver them
In India, Ceylon and the straits settle
ments, with a view to their" use In re
bellion asslnst ths British government.
I). .Goldman, a British subject, wss
previously convicted for endeavoring to
act aa agent for a German subject in
chartering a ship which wss believed to
be Intended for use lu connection with
a shipment ot anna to India.
French Fortress of
Belf ort Damaged by
Fire of Siege Guns
BERLIN. Feb. U.-By Wire leas to
Rayvllls.) Advlcea from Fwtss sources to
the Overseas News agency say that the
shelling of the French fortress of Bel
fort recently by heavy Herman guns has
done great damage. It is said about
fifty houses have been destroyed, thst
entire streets have been damaged badly
and that the well-to-do Inhabitants have
fled to Bwttserland. The pumber ef dead
and wounded la not known.
CHARGE BRANDOS
WITH IRREGULAR
Bailey Sayi Attorney Acted for th
Lessor and Lessee in the War
ren Estate and Did Not
'TcteM fair.
ALLEGATIONS BY WINSL0W
Head of Shoe Machinery Combine
Says Brandeis Assisted in Or
ganizing Company.
THEN ATTACKED IT AS ILLEGAL
WASHINGTON, Feb. 13 Louis
D ritaiidela of Boston, President
Wilson's nominee for the suprema
bench, wns attacked today before
tie srnate subcommittee Investigat
ing his qualifications by Sidney W.
Instow, president of the United
Shoe Machinery company, of which.
Mr. Ilisrlels wos formerly a direc
tor and counsel, and by Hollls II.
Bnlley. a Boston attorney, with
whom Mr. Brandeis had been asso
ciated years ago in litigation over
.tn estate.
Mr. WlnMow chsrged thst Air. Brandeis
hail lieMi s-Mlity or unprofessional eondnct
in that after leaving the Hhne MachlnTV
company he had used knowledge gained
through hla saaociatlon with It to attack:
ss Illegal snd criminal "the very acts
snd system of business which he ssalsled
to create and . which he advised were
legal."
Mr. Ha ley charged thst Mr. Brsndels. ,
lepreaentlng at asms time the lessees an'l
lessora of the Warren Taper mills amt
Involving a t3.Ono.noo estate, had been
guilty of acts which favored one aet tf
Interests against the other,
karaee by Mr. Bailey.
Mr. Bailey first made a general state
ment that he had been opposed to Mr.
Brandeis In several lsw cases, but con
sidered their rclstlons friendly. Mr.
Brsndrts assisted hla partner. Samuel D,
Warren, In framing a plan which Bailey
said plsced his psrtner in a position In-
dlvldualy antagonistic to Warren's posi
tion ss trustee. "This," said Bailey, "ss l
shall call attention to later, resulted in a
breach ot trust for Mr. Wsrren an I
associates as trustees under and snnust
retainer of 12,000, and for Mr. Warre:t
and other Individuals as lessors of prop
erty tinder a retainer. These Interests
were antaglnlstlo In soma Important par-,
tlculsrs. and the result waa that tha hn
flrlarlee. one of whom waa my client, suf
fered financial damage in the sum C
some hundreds of thousands of dollars
Wsrset Katat la Lars;,
"palisy explained thats..li Warren, fr
and Mr. Mrandeis were In college to
gether and later formed a law partner
ship. -
Warrert wss the son ef Pamuel . War
ren, sr., paper manufacturers, who left art
estate eg JC1.000.000 to his widow and five
children, one of whom, Edward Warren,'
Balley'a client never waa connected wltlr
the paper business. A financial arrasgo
ment was -made for carrying on the busU
ness.. (
"First, aaid Mr. Bailey, "the widow!
and all the children conveyed their ln
tarests In the property., through Mr,
Brandeis, as a third party, to three
trustees. 8. D. Warren. Jr.; a Mr. Mason,
who had been associated In a small way
with the paper business, and Mrs. War
ren, the widow. These trustees operate
the paper mills, the deed ef truat di
recting thst they were to carry on tha
business for the benefit of all the hetrs.
- Leas rolswi Deed.
"What was done was that these thro,
lessees, by authority given In the dead
made a lease of the property to Mn,
Brandeis and through him to B. D. Ware
ren. Flake Warren, another eon. and
Mason, who proceeded to ooerate tha)
mlli. The rental terms were S per cent
Interest on the property and half the ne
profits. That arrangement resulted isj
8. D. Warren receiving- compensation tot
hie services In the first two or three
years amounting to 178.000 to tlOO.OOOf
Flske Warren, from tM.000 to 1 40.000, snd
they, with Mason, within nineteen e
twenty yeara received for their service
approximately U.OnO.OOO. A bill of equity
was filed In the Maeaachusetta court
alleging that thia was twice as much)
ss could fairly be charged. It appeared
In the hearing that Mr. Brandela had
acted as counsel for the lessees and ala
for the lessors and for many years had
the trust and confidence of all bene
ficiaries." A suit growing out of dissatisfaction
of soma heirs. Bailey said, waa settled
(Continued on Pago Two, Column Two.)
The Day's WarNeiss
GERM ANa HAVE BEEN net emir
cheeked in their offensive) ano-rex
sweat northwest at Tnkirt, In the
Chaaewea-we district, bwt at earns)
wolnts nave been driven back, the)
Frearh war office aaaerts.
0 THK HIOA-DVINSK FROItT la
Rasa la, th Ueraaaaa hare failed to)
gala ewy ajveend la their attack
f the last week, It Is declared 1st
a retroarad official statement.
IT IS AXSOl'XCF.D aal-of fletally;
la Perls that despite the eeenUaal
rent activity of tho Germans on
tho western front the attacks lis
sjoeatloa sre la reality oaly local
attoae wlthont grains of alarnltU
ranee. It la declared that tha
French conld easily aadertako
similar actions, bat are refratnlaat
from doing; so berasu the result
are not worth the riee that has)
to ho paid.
GERMAN NEWS SOt'RCES report
crrat damage doae to tho Froneh,
fortress of Beifort la tho re c rat
shelllna; by loogT roaajo Gemaaai
atnna.
AI STRIA AIR CRAFT have raided
Moasa, tea miles northeast at
M I Ian, one person being? klllss4 and
five Iwjnrod br bomb droppod.
Airmen also dropped bosaVe on two
Italian town o SebU ktUln at
worsens,.