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MKOTA COUNTY HERALD.
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MOTTO--All The News Wfeea It Is Newt.
VOL. 19.
DAKOTA OITY, NEBRASKA, FRIDAY, MAROH 17, 1911.
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TAX LAW 15 UPHELD
UNITED 8TATE8 SUPREME COURT
HOLDS CORPORATION TAX
18 CONSTITUTIONAL.
LONG CONTEST AT AN END
justice Day Reads Decision Law Pro
vldes That All Incorporated Bodlet
Shall Pay Tax on Net Income
Above $5,000.
Washington. Without a dissenting
jplnion tho Supreme court of the Uni
ted States Monday handed down Its
decision holding tho corporation tux
law constitutional. Thus ended a con
troversy waged almost continuously
Blnco President Taft suggested its
enactment to congresss.a
Justice Day read tho decision In tho
corporation tax caso suits testing tho
law having been brought from every
section of tho country. By its affirma
tton the revenues of the national treas
ury are increased annually more than
$25,000,000 from tho tax on tho net In
comes of corporations doing business
for profit, in addition to which tho
prlnciplo of the right to levy such a
tax is vindicated and, the most of all,
that for which the government has
been striving, access to tho books of
tho big corporations and full publicity
with regard to their affairs is abso
lutely assured.
Tho main points of the opinion, as
read by Justice Day, are:
It was within the power of tho sen
ate to Insert the corporation pro
visions in a tarift law which origina
ted in the house.
Tho tax is an "excise tax on the do
ing of business," which Is exactly the
basis on which the government de
fended tho law.
The provisions of the law are not
tho arbitrary exercise of a power.
This was urged in argument as one
reason why tho law should bo hold un
constitutional. Tho tax is regarded as measured by
income rather than being a tax on in
come. Of all the objections to the tax
raised by Bults in all parts of the
country nono of them wns found suf
ficient to nullify tho law.
Near the outset of tho opinion Is
the statement that the tax "is im
posed not upon the franchises of the
corporation, irrespective of their ubo
lu business, nor upon the property of
the corporation, but upon the dolng'of
corporate or Insurance business, and
with respect to the carrying on there
of in a sum equivalent to one per
centum of the entiie net incomo over
and abovo $5,000 received from all
sources during tho year that is, when
imposed In this manner, It Is a tax
upon the doing of business with the
advantages which Inhere in the pe
culiarities of corporato or Joint stock
organizations of the character do
scribed. As the latter organizations
share muny benefits of corporate In
terests it may bo described generally
as a tax upon doing business In cor
porate capacity."
Tho tax Is one per cent, of tho en
tiro not Income over and above $5,000
received from all sources.
"Tho income," said Justice Day. "is
not limited to such as is received from
property used In the business strictly
speaking, but is expressly declared to
be upon tho entire net Incomo abovo
$5,000 from all sources excluding tho
amounts received as dividends on
stocks in other corporations, joint
stock companies or associations, or in
surance companies alho subject to the
tax. In other words, the tax Is im
posed upon tho doing of business of
tho character described and tho meas
ure of tho tax is to bo tho Incomo with
tho deduction stated, received not
only from property used In business,
but from every source."
Justice Day drew the distinction be
tween tho corporation tax and thofor
nier Incomo tax law, which was do
clared unconstitutional, In answering
objections that had been raised
against tho corporation tax. He said
the Incomo tax was hold to bo direct
because Imposed on proporty simply
because of Its ownership.
"In tho present case," said Justice
Day, "the tax is not payablo 'unless
there is a carrying on or doing of busl
nes In tho designated capacity and
this is made the occasion for tho tax,
measured, by the standard prescribed.
The difference botweon mere owner
ship of property and the actual doing
of business in n certain way."
Justice Day first considered whether,
as claimed, tho law made an unconsti
tutional distinction between tho cor
porations and partnerships or Indi
viduals. Ho said there was a sub
stantial difforenco between the carry
ing on of business between corpora
tions taxed and tho samo business
when conducted by a private firm or
individual.
Measurement of tho tax by the not
incomo of tho corporation or tho com
pany received by It from all sources
was defended by Justice Day in his
opinion as not being bo unequal and
so arbitrary and baseless us to fall
outside of tho taxing power.
Ogden Mills Reld Wedded.
Racine, Wl's.-rWhitolaw Hold, Unl
ted States ambassador to England,
and his family attended the wedding
of his son, tigden Mills Held, to Miss
Helen Miles 'Rogers of Fond du Lac,
which took place Tuesday at tho Ra
cino college chapel.
Fisher, Is, Sworn In.
Washington. Walter L. Fisher ol
Chicago took tho oath of ofllco Mon
day as tho successor of Richard A. Dal
linger, secretary of the Interior in
the cabinet of President Ta .
NO CAUSE FOR WORRY
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Uncle Sam Don't Worry, Gentlemen, I'll Do All the Intervening Necessary
to Protect Your Property.
FIGHT TWO BATTLES
REBELS MEET REVER8ES N
Wit I I i.fl IIIUAtwv - -"
OF FEDERALS.
100 KILLED AND WOUNDED
Machine Gun Fire Repulses Inaurrec
tos, Who Attack Diaz' Force of
300 at Agua Prleta Band of 120
Trapped, GO Slain.
Mexico City. Conditions bordering
on panic reign throughout northern
Mexico. According to reports re
ceived hero Sunday tho federal troops
were victorious In two battles fought
against the revolutionists in which
100 men were killed and wounded.
At Agua Prleta, across tho bonder
from Douglas, Ariz., 500 rebels Sun
day attacked 300 federal troops, but
wero unable to withstand tho fire of
tho n.achino rues and retreated. The
rebels wero armed with rifles only.
The total casualties are placed at
thirty-five.
A body of 120 tnsurrectos was cut
to pieces by state rurales at Sam
Bartollto Pueblo Saturday. More
than fifty were killed, eleven serious
ly wounded and twenty-seven cap
tured. Owing to tho fact that the
rurales havo adopted tho revolution
ists' tactics of ambushing their enem7,
nono of their number was killed and
only a few wounded.
Colonel Guerrero, In command of
the rurales, upon learning tho rebels
wero marching to attack the munici
pality of Natlvitas, sent 100 of his
men to meot them. Fifty others wore
ordered to cut off the retreat.
Tho first force selected a favorable
position overlooking a ravine through
which tho rebels must pass, and when
they wore in tho trap opened a mer
ciless flro on them. Tho robols aro
said to have mado a stubborn fight
but at tho end of a half hour they
wero completely demoralized.
Tho rebels havo answered Presi
dent Diaz' order suspending tho civil
guarantees with an order to give no
quarter. This is taken hero to mean
that tho fighting horeafter will be
marked by all tho barbarity of
medieval times.
Thoroughly aroused by tho spread
of brigandage and vandalism Incident
to tho revolution, and determined to
protect property, tho Din? govern
ment will wage against the lawless
clement a pitiless, war f extermina
tion. Resurrecting a provision of tho
Mexican constitution not used for 15
years, and acting undor its authoriza
tion, tho government will set asido
for six months certain personal guar
antees. All persons detocted in tho act of
highway robbery, of raiding a vlllago
or farm, or train wrecking, or cutting
telegraph or telephono wires or oven
of removing n splko from a railroad
track or throwing a stono at a train
will bo summarily shot
Tho bill providing for this drastic
measure was sent to tho permanent
commission of tho federal congress.
It was signed by Mlgnel Mrcedo, sub
secretary of tho department of tho in
terior, and says its enactment is the
wish of tho prcsldont.
Pass Antl-Treatlng Bill.
Jefferson City, Mo. The house
passed Saturday, by a voto of 83 to 17,
a bill to prohibit treating In saloons.
Representatlvo Rodsworth, a preacher,
who introduced tho bill, said It will
solve tho liquor problem.
Bowman Accepts Presidency.
Cedar Rapids, la. James II, Tre
wln, president of tho Rtato board of
education, Saturday received tho let
ter of acceptance by John a. Dowmun
of New York of tho presidency of the
state university,
26 DEAD IN SLIDE
TEN BODIE8 ARE REMOVED FROM
VIRGINIA, MINN., MINE.
Only Four of Track-Laying Gang Able
to Escape Huge Mass of
Earth and Snow.
Virginia, Minn. Tn bodies, crush
ed almost to an unrecognizable
mass . of flesh and bones, have
been recovered from tho Nor
man open-pit mino where an ava
lanche of earth, rock. Ice and snow
buried twenty-six miners. Tho other
sixteen bodies have not been reached,
but the mine officials are bending
every effort to expedite tho work of
rescue. The catastrophe was due, It
is said, to tho thaws of tho last fow
days suddenly loosening bowlders and
earth and forcing the oro body to
slide toward the bottom of tho pit.
Only four who wero working on tho
outer edge, bad a chance to run, and
escaped tho avalanche. Three of
these are In a hospital suffering from
probably fatal Injuries.
It will be days beforo the bodies
can bo recovered and all tho parts of
many probably never will bo as
sembled. The mass of rock and earth
ground many of them into shreds.
Tho name of only one victim could
he learned, Paul Paulson, a widower,
who leaves seven children. His wlfo
died a month ago.
Tho miners who wero taking up ono
of the two tracks in tho pit In order
to permit tho great steam shovel to
work in another section of tho mine
wero for the most part bent over with
bars and claws when tho avalancho
swept them into eternity. There wns
no chance for anybody to movo a foot
Tho Norman employs about 1,000
men when running to capacity. Just
at this time, however, soveral hun
dred are employed, working In night
and day tihlfts.
BLAST VICTIM IS BURIED
Simple Services Are Held Over Re
mains of E. H. Thompson, Killed
by Big Powder Explosion.
Kenosha, V1b. Powder workers
from many cities In tho coun
try camo to Kenosha to nttend the
simple funeral service held over the
remains of R. S. Thompson, tho one
victim of tho powder blasts at Pleas
nnt Prairie Thursday night. Tho fu
neral was held only after a long dis
cussion between the coroner and tho
friends of the dead man, ns tho coro
ner had threatened to delay tho
funeral pending tho finding of inoro
of tho body or the hotter establish
ment of the Identity of tho portions
of tho body found. Ho finally con
sented to sign a death certificate and
permit tho interment of the remains.
PROMOTER GUILTY OF FRAUD
Clarence D. Hlllman, Worth $7,000,-
000, Convicted on Thirteen Counts
Charging a Felony.
Seattle, Wash. Clarenco D. Hill
man, townslto promoter, said to bo
worth J7.000.000, was found guilty in
tho federal court of using the malls
to defrnud.
Tho Jury acquitted him on tho first
flvo Indictments, charging a mlsdo
monnor. but convictod him on thir
teen counts of tho sixth indictment,
charging a felony.
Deputy Sheriffs Are Slain.
Stearns, Ky. H. M. Holloway and
J. T. Lovott, deputy sheriffs, wero
shot and killed here Monday whllo
guarding the Cincinnati, New Orleans
& Texas Pacific railroad coal chutes.
Iloth men wero shot from ambush.
New Orleans Firm Falls.
New Orleans. At the oponlng ot
the cotton exchango Monday tho sus
pension of tho brokerage firm of Kop
ling & Ilrown was announced. No
effect upon the market was noted at
tho opening.
JAPAN TREATY BEST
TAFT COMMENDS CONGRESS, BUT
AL80 CENSURES,
declares Failure to Enact Reciprocity
Agreement Wat Great Disap
pointment. ,
Atlanta, Qa, In nn address hathr
tho Southern Commercial Congress Fri
day Prosldcnt Taft declared that the
failure to enact reciprocity with Cana
da was tho greatest disappointment of
tho Sixty-first congress, and that the
greatest achievement was tho ratifica
tion of the treaty with Japan.
He reached tho convention hall short
ly before 12 o'clock and wns given a
tromondous ovation.
Tho president wa . introduced b'y for
mer Governor Francis of Missouri
"The Sixty-first congress just closed
has enacted moro useful and progress
ive legislation In its throo sessions
than any congress slnco tho war.
"One of tho crying ovlls of the pres
ent day is tho expenso of litigation.
This congress has passed an act ma
king substantial reductions in tho cost
of appealing cases from the courts of
first Instance to tho courts of appeals."
The president then enumerated sev
eral other laws that were passed.
"A great disappointment of tho ses
sion," ho continued, "wns the final de
feat of a permanent tariff board.
"Finally, and tho most Important
thing which was dono in tho Besslon
just closed, was tho ratification of the
treaty with Japan.
"Of course, tho greatest disappoint
ment of the sosBlon wns tho failure of
tho sonato to follow tho lead of the
houso in ratifying tho reciprocity
agreement made with Canada.
"When we entered upon tho negotia
tions I authorized tho secretary of
state and his commissioners to offer
free trado in everything, but thf? Can
ada could not grnnt us,
"Canada Is at tho parting of the
ways. If wo now reject this opportun
ity wc shall throw away an opportun
ity for mutual benofit not likely to re
cur. "Under my promise to use my ut
most efforts to socure tho ratification
of this agreoinent by congress I havo
felt it my duty upon tho failure of the
senato to act to call an extra Besslon
for the purpose of securing tho ratifi
cation of tho agreement. I feel confi
dent that a test of six months of this
agreement will so vindicate the wis
dom of adopting it as to remove It
from political discussion thereafter."
FREED OF BRIBERY CHARGE
Illinois Legislators Declared "Not
Guilty" of Conspiracy In Connec
tion With Furniture Contracts.
Springfield, 111., March IS. After
thrco and one-half hours' deliberation,
during which time about twonty-one
ballots wero taken, tho Jury in the
trial of State Senator Stanton C. Pom
berton 6f Oakland and of former Rep
resontatlvo Joseph S. Clark of Van
dolla, who aro chargod with entering
Into a conspiracy to secure money cor
ruptly for tholr votes in awarding the
contract for tho furnishing of tho Ben
ato and houso chambers of tho stato
house, returned a verdict of "not
guilty."
At the first trial, two months ago,
tho jury failed to agree.
Pemborton and Clark wero mora
bers of a spoclal committee named
by tho legislature to purchase furni
ture for tho houso-of representatives.
It was charged that thoy attempted
to secure a bribe from representatives
of furniture companies, which bid on
tho contract.
ROUGH RIDERS HOLD REUNION
Colonel Roosevelt Has Happy
With Old Friends of the
8addle.
Time
Former Presl-'
Albuquerque, N. M
dont Roosovelt was In his glory last
Wodncsdny, renowlng friendships with
old comrades in arms of tho ripanlsh
American war. Tho Rough Rider rogl
mont, of which Roosevelt wns colonel,
opened Its annual reunion hero, and
tho colonol was tho principal speaker
at tho opening exercises. The reunion
will come to a close tomorrow. Mrs.
and Miss Roosovelt Joined tho col
onel's party hero and will Btay with
hlni during the remainder of hla trip.
Governor Sloan of Arizona met the
Roosovolt party hero and will act as
tholr guide during tho visit to the
Grand Canyon.
ELECTION RIOTS IN SPAIN
Republicans and Socialists Clash at
Bilbao Many Hurt and Many
Arrested.
Madrid. Tho piovlnclal elections
passed quietly ns a rulo, but
thoro was an outbreak at Illlbao,
whero tho Republicans and Socialists
clashed In tho streets. As a result of
tho fighting tho police wero compelled
to dlsporso tho crowds. Thoy charged
repeatedly nnd many pcrfions woro
hurt. Manv arrests wero mado. Tho
returns show tho election of seven
Republicans and soven Monarchists
bb deputies.
Bandits Rob Utah Hotel.
Ogden, Utah. Tho Rood hotel, In
the center of tho business district ot
this city, wns robbed by two masked
men Mondny. Tho hotol Is within a
half block of tho contral pollco sta
tion. Clerk Unandor and five guests
woro lined up against tho wall and
whllo ono of tho bandits pointed n pis
tol at tho men, tho socond robber
mado Clerk Unaudor opon tho safe
and empty about $700 Into u bag. Tho
robbers then left without molesting
tho flvo men lined up against the
waft
STOCK YARDS BILL
LOWER HOU8E FINALLY. AGREES
ON THE MEASURE,
WILL PASS AS RECOmmENDED
Nebraska State Railway Commission
Has Power to Issue Orders
Regulating Service
Tho houso stock yards bill, intro
duced by Taylor of Hitchcock and
Dolczal of Saundors, was ordered for
third roadlng and will probably bo
passed by tho houso when It conios
up for passage Tho bill had been
mado a Bpoclal order for tho aftor
noon and boforo beginning upon it
soveral conferences had been held
among the loaders leading to nn
agreement. Tho senate bill of this
year by OUis is still lu tho hands of
the houso committee
The bill as it will bo passed Is as
follows:
"Soction 1. All stock yards oper
ated In this stato or orgunlzod under
the general corporation laws of this
stato or by special charter, which ro
colvo live stock" for tho purposo of
exposing or having the samo exposed
for cale, and doing a business for a
compensation, aro horeby declarod to
bo public markots. Provided, that
tho railway department of any stock
yards company used as a common
carrier o freight shttil uol be ftffritJd
by tho provisions hereof.
"Soction 2. Tho Nebraska Stato
Railway commission shall havo pow
er to issue orders regulating tho
service and charges of Btich stock
yards and tho same shall be enforced
In tho samo inannor and undor the
aamo penalties nB orders regulating
common carrlors. rroWded, that
where no other penalty In provldpii
by law for a violation of any such or
der, It shall bo punlshnblo by a pon
nlty of not lois than $100 nor moro
than $500, nnd whoro tho violation
is a continuing ono each day thoro
of shall constitute a separato of
fense. "Section 3. Any person, company
or corporation owning or operating
any public stock yuida In this stato
under tho nrovislonfl of section t oL
thlB act shall annually on tho first
Monday of January of each year flltf
with tho Stato Railway commission
an itemized statement omtltlod and
ewom to by its owners or mnnagors
sotting forth tho number of head of
cnttlo, calves, h'ogs, sheep, horses
and lilies received in his or tholr
public stock yards, also make a state
ment of ho gross receipts and ex
penses of tho last preceding year.
"Section 4. Every such stock
yards shnll keop a record showing tho
time of delivery and turning ovor at
tho yards of said stock to tho con
signee, ngont or owner."
Tho bill is loss drastic than tho
senato bill. It does not provido any
time limit on handling stock in tho
yardR and In its terms is a llttlo
moro ninblguous.
Wants Irrigation Dill Amended.
Unless a public corporation is
named a common cirior and is
proven to bo such thr tho stato rail
way commission ,haB no authority
ovor It unless by tho consent of tho
corporation. This Is tho vlow taken
by Senntor Iloagland of tho powors
of tho commission as dologatod by
the tho constitutional amendment,
and for (hut lo.tsou ho vUll attempt
to havo an Irrigation bill which has
already boon passed by the sonato
amended in tno nouso. hub um
glvos tho commission powor to fix
rates for water.
State Board of Control.
Houso Roll No. 84, providing for a
state board of control for dependent
nnd neglected children, passed the
houso by 2 years. Thrco members
constitute tho board and are appoint
ed by tho governor. A aocretary with
a Balnry of $l,fi00 a year is provided
for.
Oppose Insurance Bill.
Tho oxecuth'o rommitteo of the
Omaha Commercial club adopted n
resolution In opposition to H. 11. 273.
a bill requiring Insurance companloa
to iloposlt socurltloH with tho state
auditor. Tho federation of Nobraskn
retailors In session in Omaha adopted
resolutions ot a slinlhfr nnturo.
Anti-Treat Bill Dead.
Tho Evnns antl-troat bill, H. R.
298, was killed by the Iioubo by a
voto of 33 to 52. Tho voto camo
after a filibuster which the minority
had been maintaining for four hours.
Tho bill providod that tho barkcop
cr or saloon ownor should bo held
responsible for violations of tho pres
ent anti-treat law and wns vlolontly
opposed.
No Opposition to BUI.
Among tho incisures passed by tho
Sonato Ih ono prohibiting pubic ex
hibitions ot hypnotic Inullonco and
other psychic or magnetic forces.
This hill met with no opposition.
Defects In House Bills.
Governor Aldrlch hns dlscovored
technical defects In llvo Iioubo blllB
passed und sent to him foV His signa
ture. He has suggested that thoy bo
recalled and tho defects corrected bo
foro tho fivo days within which ho
must either sign or voto thorn
VOTE ON INITIATIVE.
House Passes Its Own Measure After
Discussion.
Tho houso paBscd its own initiative
nnd referendum bill after a two-hour
fight Tho voto, na It finally stood,
was 7C to 23, but 18 votoa roproBoat
od thoso who got into tho band wag
on when it started to movo in spite
of (helv opposition Them wero Doatt
tnl, Kotouc, Eggenbcrger, aruebor
Prince, Bonhntn, Hollnger, Eastman,
Clarke, Motzgor, Battels, Puis, "Woes
nor, Busso, Fries and Murphy. Tho
oto during tho call of tho houso
stood CS to 40 nnd CO votes wero noc
ossary for passage. Doastal was the
mnn who mado tho dcclslvo change,
nnd when ho was followed by Kotouo
tho voto stood CO to 38. After that a
nvunbor of men who had been hang
lng back hurried to get into tho rec
ords on tho provnlllng Bldo.
Tho houso bill na passed differs In
two Importnnt featuros from tho bill
tho Bcnato passed
Tho houso bill
provldcH that 15 por cont of all votes
cast in tho last election bo required
to pass amendments to constitutions,
whllo tho senato bill extends thnt
percentage to nil lnoasures.
Tho houso bill requires 15 por cont
for tho initiative potltlon to Buhmlt
nn amendment to tho constltulon, a
provision not required by tho sonate
bill. Tho Bennto bill will not pass tho
houso unamonded Weestosday, when
it is to bo considered. FrlondB of
direct loglslntion do not llko it and
opponents of direct legislation will
try to slip In a jokor or two, hoping
that thoy will lator get by tho sonato.
Tho Skllca inltlattvo and referen
dum bill, senate fllo No. 1, passed by
tho senato. was amonded by tho
houso so na to conform to tho Hat
field bill in requiring 15 per cent to
inltinto amendments to tho constitu
tion and 35 per cont of all votes past
at oloctlon to adopt constitutional
nmondmonts.
As now framed, tho Hutneld and
Skllos bills aro just allko, except that
tho Hatfield bill requires but 5 per
cont for referendum.
Doth monsuros will go to tho son
ato nnd tho flcht for real direct legis
lation will havo to be mado ovor
again.
Pool Hall BUI Killed,
Tho Moody pool hall bill was de
feated In tho house by a reasonable
majority. Tho voto was 44 In favor
of tho bill to 48 oppoBod to it. It was
divided strictly on tho Idoa of restric
tion versus liberals, thnt la, botweon
"woIh" und. "jLiy" Tut tM provided
that poof halll In "unlncorporn'tod vil
lages should bo undor tho control of
county commissioners nnd tho lattor
should iiuve a right to deny applica
tions for license, Just as now thoy aro
given control ovor snloons in unin
corporated villages. A license fee of
?2G each and $5 per year for each ox
tra tnblo was called for In tho bill.
County Option Bill Defeated.
County option failed In tho houso
by ono voto. As soon as tho Initia
tive and referendum was out of tho
way county option camo up and tho
houso proceeded to voto upon it with
out dobnto. Tho first roll call show
ed 49 votes for It and 48 against it
A call of tho houso brought In Clnrko
ot Cherry, who voted nyo, making
tho total 5 to 48.
Kotouc's Insurance BUI.
Kotouc's InBiirnnco bill, which pass
cd tho house, requires that all Insur
ance companies doposlt with tho stato
auditor securities representing tholr
gunranteo funds. Tho compnnlos
which hold real estate ob ropresontn
tlvo of their resorve funds nro requir
ed to create a Hen upon such roal cs
tato and glvo that Into tho control of
tho auditor.
The House Concurs.
Tho Iioubo concurred In tho sonnte
amendments to House Hole No. 71.
by Gruobor, tho hours of servlco
juensuro, puHliod by rnllway employes.
The Guaranty Law.
Members of tho present legislature
soom inclined to amend or change in
Bomo dogroo tho bank guaranty lnw,
in npltc of tho fight being mado to
tho contrary. Supporters of the pror
ont law assort that any changes In
tho bill mndo by tho present legisla
ture will simply give tho opponents
of tho moasuro in the courts again
on somo now point.
Signed "by the Governor.
Governor Aldrlch notified both the
houso and seunto that ho had signed
throo moio IiIIIb, all originating in
tho houso. One bill carrlos the 1 mill
levy for tho mnlntonanco of tho atnto
university, another appropriates $8,
000 to cover tho deficiency at tho
ntnto orthopedic hospital,
Pension Fund for Library.
Tho senate on IMday passed t
number of Important bills, Including
Reagan's bill 'providing a pension
fund for employes ot tho Omaha pub
lic library and tho bill requiring rail
roads to build undorground crossings
when the porson owns tho land on
both sides ot the track
Omaha Charter Bill Passes.
Tho Omaha chaitor bill passed tlit
house by n voto of 77 to 3. Tho act
contains tho oiuorgency cltiuso which
will mako It a law and put It into
offect Immediately after being signed
by tho govornor.
Cutting Telegraph Tolls.
nulirmnn'B bill cutting telegraph
tolls to 20 cents for a ton-word moB
sago and 1 cont for each word in ox
cobb thereof vita ordcrod ongrossod
nftor nulirniun had boon dofcated in
commlttoo of tho whole
MAIL SACK CLEARS
SUSPECT OF THEFT
FOR THIRTY YEARS CLERK HAB
BEEN HELD ACCOTJrlTACI l
FOR MONEY LOSS.
BLAMED BY THE INSPECTOR
Bag Repairer Finds Registry Envelop
Caught by Corners at aWttonofJJM
Back Where It Was Held Whlto
8ndar Cried Thief.
Peoria, 111. Uov. Charles DurdetU,
brother of "Dob" DurdetU, the burner-:
1st, has been vindicated after 80 yearn
of any blame In connection with tW
dlsappoaranco of 3,500 from a recla-i
terod totter packago sent out by the
Peoria postofflce of which he waa rag-
istry clerk.
Tho $3,500 disappeared after it waa
put in 12 registered letters by Jobs
Comstook, a wealthy resident The
evldonco was all against young Dur
dotte and otter the first investigation
had been mado Comstock demanded
that Gen. D. W. Magce, veteran of the
Civil war and postmaster at Peoria,
Immediately discharge the registry
clerk.
''Can't do anything for you," aaM
the old genoral. "I've known Charles
slnco ho waa ablo to walk. I knew all
his folk. They ma honest and the.
boy Is honest. They are friends or
mlnn and J won't discharge Charlie."
Then Comstock carried the matter
to Washington nnd an Inspector came
down from Chicago to make a full re
port "Charllo" told him how Comstock
appeared at tho registry window with,
tho namos of 12 men to whom he waa
sending money and asked that tho let
ters bo registered. Comstock had!
asked him to wutclt him put the money
tn tho onvolopos, which ho did.
Ho also told tho inspector be had
placed tho 12 envelopes In one large
ono and had put this largo envelope
at tho bottom ot a mall sack, In ac
cordance with the custom at that time,
with tho registry book on top of the
registered mall. On top of this he
plnced tho regular mall.
Tho railway malt clerk, wHo had.:
sent tho registry book back with these
.lufr 4.fc.
8tart of the lll-Fated Letters.
12 letters unreceipted for, waa Investi
gated, Ho said they wero not in the
mall sack and Burdette said they
woro.
Tho inspector mado his report and
it was unfavorable to Hurdette, When
the report had been considered at
Washington a lottor camo to General
Magoo advising him of what the In
spector had reported and suggesting
that tho best thing to do under the
circumstances was to discharge young
Burdette.
General Mageo wrote to Washing
ton: "This boy Is all real and I am
not going to brand him by discharging
him." And Durdctto continued as reg
istry clerk.
Burdette was working to get money
to study for the ministry and when he
was ordained as a mlnistor was as
signed nB a missionary in Assam, In
dia. In far away India Burdotto made
good as a missionary and aftor 20
years' servico came back to tho
United Stutos and accepted a call to
an eastern church. Ho now has a
pnstorato at Springfield, Mass.
Into tho repair stop at San Fran
cisco a few days ago an old battered
sack was sent to bo patched. It was
a voteran und to repair it meant prac
tically to mako a new Back.
Tho first man to inspoct the sack
decided it needed a now bottom and,
with a knlfo, ho rlppod tho leather bot
tom off. Then he saw abovo It a big
manlla envelope, caught by the cor
ners, which sorvod practically as a
falso bottom. Ho opened tho envelope
and found It to contain the 12 Com
stock letters and tho missing $3,500.
The manlla envelope was not much
different In color from the leather.
Sharp eyes had been peering Into thie
mall bag each time It waa emptied
for 30 years without discovering the
treasure. Turning the mall bag ua
Bldo down and shaking It had bo ef
fect ou the envelope, for It waa fceM
firmly against the leather under whttfe
its corners had slipped.
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