Nebraska Newspapers

    THE O'NEILL FRONTIER
O. H. CRONIN. Publisher,
PNEILL, NEBRASKA
w— ,
China s Imperial edict against opium
Is a great blow to the thousands who
Were slaves to the habit, and all ports
of subterfuges ure resorted to by peo
ple who think they can not exist with
out it. The law provides that people
over 60 years old are exempt from the
mew regulations, and consequently the
number of patriarchs has Increased
wonderfully. Sturdy men of 40 and 50
'ha vo declared themselves "old" and
paint, cosmetics and other artificial
means have been employed to cheat the
«ye. The government was not slow to
discover these frauds, and severe pun
ishment has been inflicted on many of
fenders. Although women are as much
Cddlcted to the opium habit as men,
ot a single case has been discovered
Where a woman made herself older In
order to be allowed to use opium.
The belfry top of Brooklyn's borough
■hall has been in a quiescent state for
po many years that a good many folks
were startled the other day when the
■bell began to ring as a welcome to the
first subway train, years ago when
folks In Brooklyn heard the bell they
began instinctively to count its strokes
to learn where the fire was. for that
was the way the fire alarms were given.
At night a red lantern was hung out oif
the belfry to Indicate the direction of
the fire. It was the custom also to
Ting the bell In case Brooklyn's great
(anniversary day parade of Sunday
cehool children had been postponed,
iiven this was discontinued some years
ago. __
• The old connection between law and
(literature, the Law Journal of England
ways, was strengthened by the late Sir
ILewts Morris, who practiced as a con
veyancer In Lincoln's Inn, while he was
'establishing his reputation as a poet.
"There have been several poets who
(have abandoned the steep places of the
-bar for the slopes of Parnassus, l’he
(present poet laureate was called at In
mer Ternpel In 1857, and attended the
xork assizes and West Riding sessions
tfor two or three years. But the late Sir
Lewis Morris is the only poet of repute
(who found the tasks of conveyancer
mot incompatible with the cultivation
•of the muse."_
• "The lateBt wrinkle in Kansas real
•state transfers.” said Representative
IWilllam Reeder, of the Sixth district of
Kansas, "is the purchase of top soli
from alfalfa Helds In north central
Kansas, to be shipped by the carload
go farms along the Missouri river,
•where It Is difficult to get this excellent
forage plant started. Like all legum
inous plants, alfalfa fertilizes the soil,
and In the Kaw valley an old alfalfa
field Is expected to yield 70 bushels of
corn to the acre. Bailey Wagoner, a
Sawyer of Atchison, recently'shlpped a
(Carload of top soil from Cloud county
Ho his farm In Atchison county."
Princess Senakoftska has arrived In
England, at Chantilly, from Russia,
Slaving traveled In an enormous cara
van, In which she is making a tour
(through Europe. The vehicle Is drawn
by four horses and contains three
crooms reserved for the princess, and
accommodations for thirteen servants.
Whenever the princess leaves the van
ito take a walk she Is escorted by a
,gigantic Cossack wearing a miliitary
(uniform and several medals. The prin
cess Intends to proceed in her caravan
|to the south of France._
The announcement that King Ed
ward’s great diamond probably will be
(taken to Amsterdam to be cut, and that
lit may be reduced in weight to 1,000
(karats, shows how much these great
(gems lose in the process of cutting. For
(moderately large gems the loss Is gen
erally reckoned at about half, says the
■London Globe, but for one of such a
(■lie as the Culllnan It Is admitted that
(It cannot with safety be estimated at
(less than two-thirds.
Consul Walter C. Hamm, of Hull,
(England, says: “Among the 25,000 or
more ships that have entered the Hum
Iber river ports during the lust seven
•years there has been only one ship of
American register. This was the bark
Homeward Bound, from San Fran
cisco. loaded with barley, which
leached Hull In March, 1906.” No more
striking evidence than this probably
can be given of the decadence of the
American marine.
j The owners of the old liberty bell In
Philadelphia are four women, sisters.
Three of them—Mrs. James B. Me- |
■Olopky, Mrs. G, D. Emerson and Mrs.
•8. B. Coward, live In Philadelphia,
.while the fourth. Mrs. S. W. B. Diehl,
lives in Washington. The sisters are
•the heirs of John Wilbank, the maker
of the new bell, who was allowed to
•take the old bell In part payment for
•Ills work.
• It lias been reported to the Camll
itord district council In England that at
■a house In St, Cleather two of the oc
cupied bedrooms have no windows, but
only apertures. It was stated that the
'house was very clean and that no per
son had died there recently until 80 '
■years of age, and some were 90. The
"council decided to call on the owners
to put windows In each room.
A generation ago water drinking oc
cupants of civic chairs were very rare
In Scotland. Total abstainers, however,
can claim as a result of the recent
elections that 46 Scottish burgs are
presided over b.. abstaining provosts.
The list includes Sir William Blslaiul.
Bart, lord provost of Glasgow, and
Lord Provost Gibson, Edinburgh.
An old 'cello, which the owner at
Mount Nooruh. Victoria, sent to be re
paired. was found to bear the label of
Nicole* Amatl and the date 1624. There
whs also found a record of the instru
ment having been repaired bv Louis
Ikmdeh, of Versailles, In 1781. for
laiuia XVI.
Professor Gurus, of Grown university,
recommends as a motive ixnver for sky
shp- some form of high explosive, par
ticularly those which can be worked up
Into wicks and ribbons. He proposes
.obtaining a continuity of power values
droii nitrogen explosives by using cold
•torugc.
A French peasant io warn nut pick
ers ctf liis plus lues posted this notice:
'Gavrina: A!! fi reonr entering this
Word do so at their own risk. The
4'orylus nvefliri abounds here, as well
• s other ecjurdlv venomous snakes.''
The t'orylu* im>l!v-n is the hazelnut.
• The male popvlition of the vlcnrng
cf Lryfon. Enmand. Is cbzrruniled b“
st.uso the rurale sect to fill a vuiancy
4 V re could ret fi'rjr c ticket as well as
the Rev. F II. Glilirgkarr.. an »•■■ p*
« h'*p!ain, for s how smt ic.s the pa: i.c.i
bad asked.
Experts have decided ihnl the fa
mous St. Fa il s cathedral. in Lon-lon.
Is safe so 1 out? as the bofldhigs uroiind
It ate ran rii«tuibod. and thine ends a
long controversy.
British India has the swift si nv< r ir
Abe world. Tee S tfl J bus a descent ol
■"ILt'XU pet in U» «-Um
NEBRASKA ROADS
NEED 2,000 KEY
MEN BY MARCH 4
New Law Forces Railways t*
Employ More Men, but They
Are Hard to Find.
Omaha, Neb., Jan. 7,—The railroads
of Nebraska want 2,000 telegraph oper
ators by March 4, and are straining
every effort to fill that number of posi
tions which are created by the law
passed by the last legislature which re
duces the working hours of telegra
phers. Railroads are doing a great
amount of hustling to find enough oper
ators to fill the positions that will be
open, and telegraph schools have been
notified that all capable students will
be accepted, naming a minimum of $50
a month.
Telegraphers profess to believe that
what was lost by the recent strike of
the commercial telegraphers will be
gained by the requirements of new men
under the provisions of this Nebraska
law. One railroad has run its train
wires to a large telegraph school In
Omaha, with a view to assisting in the
work of teaching the art to new men.
The Union Pacific and Burlington
roads are particularly affected by the
new law. The former has a maximum
of about $85 and even at these salaries
is finding great difficulty in filling the
positions they will have to offer to
telegraphers in March.
NEBRASKA GIRL,
IN SUISIDE PACT,
DYING; MAN DEAB
Chicago. Jun, 7.—Charles G. Brockett,
38 years old, employed as a floorwalker
In a State street department store, and
Mrs. Ruby Pislizak, wife of a state
bank examiner, were found unconscious
from bullet wounds, In Grant park, in
front of the Auditorium annex last
night. Notes found in Brockett’s
clothing showed that the shooting was
In pursuance of a suicidal pact. Brock
ett died a few minutes after being taken
to a hospital. Mrs. Plshzak was shot
above the heart and Is in a critical
condition.
At Mrs. Pishzak's room the police
found a note addressed to her father
John Furnas, of Brownville, Neb.
Brockett came to Chicago from San
Francisco a few months ago. He has
r brother in that city and a sister,
Mrs. DeWItt O'Connell, in Davenport,
laj
THREE EXPRESS^
COMPANIES SUEL
Lincoln, Neb., Jan. 7.—Criminal prose
cutions were commenced today by
County Attorney Tyrrell against the
Adams, American and United States
Bxpress companies for failure to com
ply with the Nebraska statute requir
ing a report giving the annual salary
rolls of public service corporations.
Chairman Winnett, of the state rail
way commission, is complainant and
charges that the defendants have do
lled the commission for several months,
utterly disregarding frequent requests
for reports. The statute provides a
fine of $500 to $5,000.
—-f—
INDEPENDENTS TO HOLD
SESSION AT LINCOLI
Lincoln, Neb., Jan. 7.—A meeting o;
the state central commission of the
people’s Independent party of Nebras
ka has been called for January 15, a
2 p. m., at Lincoln. The manner o,
selecting delegates to the national con-,
vention will be decided later.
—♦—
ATTACKS WINSIDE’S
HOG ORDINANCE
WInside, Neb., Jan. 7—Into the courts
goes Winside's famous "hog” ordinance'
which prohibits the keeping of swine
within the town limits.
Curtis Menshoof, a business man,!
arrested and fined for violation there
of, has appealed with the best of legal
talent to back him up.
This ordinance was passed under a
“suspension of the rules,” the right
given the board if an "emergency” ex
ists. Taking advantage of the “emer
gency” clause an ordinance can be
passed In one night while by the reg
ular method it would take three meet
ings.
In this particular case the courts will
be asked to decide what an "emer
gency” is Upon Its decision rests the
legality of the "hog” ordinance and
hundreds of others passed in Nebraska
towns under like circumstances.
f THREE CENT FARE t
♦ PREVENTS JOHNSON ♦
♦ ATTENDING FEAST. ♦
+
♦ Lincoln, Neb., Jan. 7.—In a let- ♦.
♦ ter received here yesterday May- ♦
♦ or Tom Johnson declines an in- ♦
♦ citation to the democratic dollar ♦
X dinner of January 15, for the rea
♦ son that the 3-cent fare Is to go ♦
J Into effect on street car lines of ♦
Cleveland the same date. In a ♦
♦ letter expressing his regret over -f,
♦ inability to attend the Nebraska
♦ feast Mayor Johnson says lie ♦
♦ does not want to be absent from +
♦ Cleveland just at the culmina- ♦
♦ tton of ills long tlht. V
♦ tion of his long fight. +!
EARL OF YARMOUTH
TO RESIST ACTION
■-*
London, Jan. 7.—The solicitors for |
the earl of Yarmouth, whose wife. ‘
forme! ly Alice C. Thaw, begun suit foil i
the nullification of her marriage, have i
given notice that they propose to de 1 i
fend the action. The case probably !
will not be heard for several weeks. I
Insanity previous to marriage, noncon
suimnatton of the marriage relation, or !
an existing mairiage are the only 1
grouuds upon which, under the Eng
lish law, the marriage may be an
nulled.
“INCUBATORBABY”
GIVEN TO MOTHER
—
Topexa. Kan.. Jan. 7.—In a decision
handed down here today. Federal Judge \
Pollock announced his court had no :
jurisdiction in the “incubator baby" |
< ase. This leaves the child in charge
of Mis. Charlotte E. Ekukley its moth
er. Mrs Janes tiarciuy. of Illinois,
who was alien the child by adoption
papers at ih.e St. Louis world's lair,
veil nli-.» •&! ,i> « higher -or'" i
LINCOLN POLICE
BELIEVE CAMPER
HAS OLSON GIRL
Says Child Is His, But Author?
ities Are Suspicious; De
scription Tallies.
Lincoln, Neb., Jan. 3.—A French
Canadian, member of a party of camp
ers near Adams, south of this city, is
imder surveillance by citizens of that
place in the belief that he has little
Lillie Olson, the missing Rosalie girl,
in his custody.
The man and the girl were brought
to town last evening, and the man sub
jected to questioning. He speaks but
little English, and this may account
for his hesitant demeanor, but the sus
picion exists that the child may be the
one long lost. He says the child is
his. and that he has not been in north
eastern Nebraska. The child is too
young to speak for herself, but she an
swers in a number of respects the
printed descriptions of the Olson girl.
' The couple will be watched until the
officers of Thurston county are com
municated with, and either a picture of
the missing girl or a better description
of her than the newspapers gave is
furnished.
THREATEN PROSECUTION
OF EXPRESS COMPANIES
Lincoln, Neb., Jan. 3.—The Nebras
ka railway commission threatens to
slap the express companies real hard
on the wrists if they do not file annual
reports as required. The companies
have all ignored the Sibley law pro
viding for a reduction of rates, and
most of them have failed to file annual
reports that contain the information
required by law. The annual reports
were due August 1. Some companies
presented statements to the commis
sion that were remarkable for the
dearth of information. The commission
finally gave them until January 1 to file
reports or be prosecuted under the rail
way commission law.
Ralph Breckenridge, of Omaha, repre
senting the Adams and the American
Express companies, appeared before the
commission. F. D. Adams, also repre
senting the American company arrived.
Supplemental matter was filed by the
American. The Adams company sent
a telegram asking for a little time to
complete its report. The Pacific com
pany’s report is complete. The United
States company filed additional infor
mation and promised to have more. No
word was received from the Wells
Fargo.
None of the supplemental reports was
satisfactory to the commissioners and
a consultation will be held by the com
missioners in regard to standing by the
statement that the companies in de.
fault would be prosecuted.
ASKS RECEIVER FOR
INSURANCE COMPANY
Lincoln, Neb., Jan. 3.—Application
for a receiver for the Nebraska Mer
cantile Mutual Fire Insurance company
of Lincoln was made last night by
State Auditor Searle to Judge Frost, of
the district court. January 6, was set
as the date for the hearing of the ap
plication. E, M. Coffn, of Omaha, is
president of the company and Chas. T.
Griffin, of Lincoln, acting secretary.
Aeording to Auditor Searle the De
cember report of the company showed
assets of $27,859 and liabilities of $44,
741 Agents’ balances may Increase th3
assets by $3,800.
Brennan & Love, an Omaha insur
ance firm, have offered to pay 5 per
cent commission on premiums they re
write for the coming two years, which
will, if accepted, further Increase the
assets.
—4—
44444444444444444444444444
4 4
.4 LAID DOWN ON 4
4 BED TO SMOKE; 4
4 DEPARTMENT CALLED. 4
•4 4
4 Lincoln, Neb., Jan. 3.—Mrs. 4
4 T. M. Mosher, wife of a carpet 4
4 cleaner at 224 South Nineteenth 4
4 st., lit her pipe, as was her us- 4
4 ual afternoon custom, and lay 4
4 down on her bed yesterday to 4
4 enjoy a smoke. She fell asleep. 4
4 When the department arrived 4
4 they found her, b t supposed 4
4 it was only a bundle of rags. 4
4 She w is dead. This is one 4
4 theory. The other is that she 4
4 deliberately set the bed afire 4
4 and suffocated herself. She was 4
4 an eccentric woman. 4
4 4
-^
GOVERNORS CAN’T
PAY SUBSTITUTE
Lincoln, Neb., Jan. 3.—Governor
Sheldon cannot turn over part of his
salary to Governor Hopewell for ser
vices rendered by the latter during the
absence of the governor from the state.
This was the verbal opinion rendered
yesterday by At.orney General Thomp
son and upheld by Auditor Searle.
—♦—
BEATRICE MILITIA
COMPANY DISBANDS
Beatrice, Neb., Jan. 3.—Capt. Penrod,
of Company C, Nebraska National
Guard, announced yesterday that the
company, comprising 44 men, would be
mustered out in a few' days. The rea
son given for the company disbanding
is that the appropriations from the
state are not sufficient to pay the run
ning expenses of the company.
INDIAN LANDS AT
j WINNEBAGO. SOLD
' Winnebago, Neb., Jan. 3.—The first
.land sale on the Winnebago reserva
tion, Thurston county, under the act
of congress of March 1, 1907, known
as the "noneompetent" act. was held
iyesterday. Owing to the fact that
much of the land first advertised for
sale under this act was withdrawn
from sale during the past week, only
410 acres were sold. The highest price
paid per acre was *40.30, the lowest
*17.25, and the average price *29.65.
Much more land Is advertised for sale
on this reservation and no doubt will
be sold at good prices.
WILL RECTOR’S WIFE
DEMAND RETURN?
New York. Jan. 3.—"I will immedi
ately ask for the extradition of Jere
Knode Cooke, who eloped with Floretta
Whaley, of Hempstead, L,. l„ just as
soon as I receive word from Mrs. Cooke
that he is to be made defendant in
abandonment proceedings, ' said Dis
trict Attorney Franklin A. Coles, of
Nassau county.
Mrs. Cooke has not expressed a desire
to huvj her kuBlmnd brought tack.
A
WILL WED MAN AS
HE BEGINS A LIFE
SENTENCE IN "PEN”
Omaha Girl Insists on Marriagf
to Show Her Belief in
Lover’s Innocence.
Omaha, Neb., Jan. 2.—Would yc
like to be married in an iron barret,
cell to the girl you loved and one min^
ute after the ceremony was performed
whirled away, manacled, to spend the
rest of your life within the walls of a
penitentiary, leaving your young wife
with the prospect of seeing her only
now and then?
That is what ‘'Doc'‘ Pumphrey. of
Omaha, will do before the end of the
year. Pumphrey Is under sentence of
life Imprisonment on a charge of mur.
i der, and Miss Anna Parr, his sweet-,
heart, has agreed to marry him before
he begins his prison sentence.
“He is Innocent,” says Miss Parr,
"and I know a good God will never per
mit an innocent man to remain in a
dark cell all his life. Trusting in the
justice of the Lord I will wait for 'Doc,'
but I want the Lord to know' that 1
have confidence in his innocence and
I Intend to marry him before he starts
for the penitentiary at Lincoln.”
It was through Miss Parr that Pum
phrey was captured and brought to
court to answer the charge of murder.
They Worked Together.
Pumphrey is handsome and about 20
years old, while Miss Parr is a year
younger. Both worked at a local hotel.
Three months ago Ham Pak, proprietor
of a restaurant on Douglas street, wa3
found one morning with his skull
crushed. Near him in the room, which
evidenced a struggle, lay a bludgeon.
Detectives went to work and soon
suspected three young men, Pumphrey,
Alleman and Mullen. When the trio
found they were wanted they disap
peared.
Three days later Alleman was picked
up in Iowa as he was traveling toward
Chicago. He blamed the other two for
the crime.
Then Mullen was found in St. Louis
and was brought to Omaha. He ac
cused Pumphrey and said that Pum
phrey had been in St. Louis only the
day before his own arrest.
At this time Anna Parr, the sweet
heart, told the police that she had re
ceived a picture postal card from Pum
phrey, dated Hot Springs, Ark., and
that he could be found in that city.
The telegraph was put to work and in
a few hours Pumphrey was under ar
rest and on his way to Omaha.
But Miss Parr relented, and before
“Doc” had been in jail 24 hours, the;
young woman visited him and begged!
his forgiveness for being the means of
his capture.
Girl Witness for Him.
Miss Parr was one of the principa.
witnesses for the defense at the trial,
and if her testimony had not been over-1
balanced by that of circumstances,!
Pumphrey probably would have gone:
free. Miss Parr testified that on the1
. night of the murder, when Pumphrey
was supposed to be trying to purchase;
chloroform with which to stupefy the
old Chinese, Pak, he was really calling
on her, and that he remained at her
home until a late hour, long after the
druggists and others swore that he
tried to buy the drug.
"We are going to be married just as
soon as this jury turns me loose,”
Pumphrey told his lawyer and Ills
friends. And Anna agreed with him
perfectly. But the next morning the
jury brought in a verdict of guilty, and
sentenced him to imprisonment for life
in the penitentiary.
Then It was that Miss Parr went tc
him, placed her arms around him and
said:
“Never mind, Doc, we will get a new
trial and you will be released. And we
won't let this awful sentence interfere
with our marriage, anyway. Just as
; soon as we can make arrangements we
will have the ceremony performed.”
Colonel John O. Yeiser is Pumphrey's
attorney. Colonel Yeiser sees jUBt one
chance for having the verdict reversed,
but he thinks that chance is a mighty
good one. He has attacked the law
under which Fumphrey was convicted
and if his claims hold good, every con
vict who has been sentenced under that
section of the criminal code for thirty
years will be set free.
“There is no doubt in my mind that
the law was never properly passed,"
says Colonel Yeiser. “But. of course,
it is a question for the supreme court
to pass upon. 1 have asked for a ruling,
and if my claims are upheld Pumphrey:
wilt be free.” !
Pumphrey is poor, and Colonel Yeiser;
is fighting his case without hope of re
ward.
GYPSY GIRL NOT
LOST ROSALIE CHILD
Rosalie, Neb., Jan. 2.—The theory
that Lillie Olson was being taken
across the plains by a band of gypsies
I was exploded this morning. J. J. Et
! kins, postmaster and general store
! keeper here, received advices from the
sheriff of Gage county, Nebraska, that
he had stopped the nomads and looked
the little girl in question over, and was
satisfied that the gypsy's 4-year-old
ward was not the lost child of Olaf Oi-1
son. the Rosalie renter.
While the gypsy-ward’s description
tallied in general with that of the lost'
girl, a personal interview by the Gag, j
county sheriff allayed the suspicion that,
the two were the same. The fact tha'J
the gypsies’ little git 1 was fair of hair
and complexion, while the two otheij
children in the nomads’ band wer,j
swarthy, was the thing which aroused,
suspicions at the outset.
The band was immediately supposed!
to have cants from the direction of the
renter’s shanty near Rosalie, and the
orists presently had their suspicions set
on solid rock.
"ANDY”DONATES
ANOTHER LIBRARV
Fairbury, Neb., Jan. 2.—Notification
j was received yesterday from Andrew!
I Carnegie that he had donated $10.
i 000 for a public library for Fairbury,
| under the usual conditions—the dona
tion of a site and appropriation of $ 1
000 a year for maintenance.
mistakes acid
FOR WHISKY; DIEi.
Lincoln, Neb., Jan. 2.—Henry Kel
kenburg, a Lincoln contractor, mistook
a bottle of carbolic acid for whisky
yesterday, swallowed half the contents
and died before medical assistance
could be secured._^
REOPEN BURLINGTON
•SHOPS AT HAVELOCK
Havelock, Neb. Jan. S.—The Bur
lington machine shops at this place wiir
reopen Thursday, after eight days of
Idleness. Nearly 700 men will be em
1 »loy* *
l
CARRIE NATION TO
“REFORM” MEXICO
Hatchet Reformer Plans to B*
Internationa! Character,
If Possible.
Washington, Jan. 4.—Mrs. Carrie Na
tion, who made ' Kansas famous and
rescued the hatchet from oblivion after,
the cherry tree incident had fallen into
disrepute with historians, is going to
Mexico.
Mrs. Nation has been in Washington
eor some months—most of the time
reforming things. It may be mere co-,
incidence, but since she has been hers(
a movement to prohibit the liquor traf-*
fle in this district has gained ground so
fast that there is serious concern about
it among folks who believe in personal
lib rty and sympathize with Vice Presix
dent Fairbanks in his cocktail troubles.
Stats Department Worried.
Mrs. Nation is going to be an interna
tional character, if possible. She pro
poses to carry the war against booze
into the country of Diaz, and there is
strong suspicion that she will get her
self into troubles enough to justify
sending a fleet of airships to bombard
Vera Cruz, if this government is look
ing for an excuse in that direction.
Report is that the state department is
already getting its papers and files'
brushed up in anticipation of a call ti*
protect its distinguished citizen fromi
the indelicate attentions of the Diaz ad-’
ministration. ,
Mrs. Nation has announced no cam
paign scheme by which she proposes to
reform Mexico. With the strategy of
a great commander she is keeping her
plans to herself. She is going to take
the Mexicans by surprise.
Needs New Start.
The truth is that there have been
difficulties in the last year or two about
getting Mrs. Nation’s exploits on the
first page. She has not drawn well
with the news editors. What she needs
is a new stunt, and going to Mexico
has been adopted as the right one.
She will leave very soon, according to
her announcement, and she proposes to
make the rum power “go some” after
she arrives. When informed that they
don’t use rum in Mexico Mrs. Nation
opined that they used something equal
ly bad, and that she would get busy
putting it out of commission.
When Mrs. Nation hatchastizes her
first saloon across the Rio Grande it
Is calculated there will be a real ex
perience. They do things differently in
Mexico, and if the woman doesn’t get
real trouble, instead of profitable pub
licity, there will be surprise. And that
is why the state authorities are won
dering about the nature of our next
complication with our Latin-American
friends.
JAPAN S ANSWER
SATISFACTORY
Washington. Jan. 4.—Secretary Root
loday received from Ambassador
O’Brien at Tokio a transcript of a re
ply of the Japanese government to the
memorandum submitted by him some
time ago in relation to the regulation
of Japanese immigration into America.
The reply is very long, discussing Am
bassador O’Brien’s propositions in the
greatest detail.
So far Secretary Root has not had
opportunity to carefully consider a re
ply, but it is stated that in the opinion
of the state department it exhibits a
disposition on the part of the Japanese
government to meet the desires of
America in a satisfactory manner. Mr.
O'Brien coincides in this view of the
Japanese response.
DR. NICHOLAS SENN,
SURGEON, IS DEAD
Chicago, Jan. 4.—Dr. Nicholas Serin,,
pie of the most widely known surgeons
n the United States, died here today. '
Dr. Senn was born in Switzerland
In 1844 and was brought to this coun-'
try by his parents in 1803. For a)
number of years he practiced medi
cine and surgery in Fond du Lac, Mil-!
vvaukee and Chicago. In 1898 he was'
appointed chief surgeon of the Sixth'
army corps during the Spanish war.;
He was professor in numerous medical',
colleges and the author of many med-l
leal works. During the last two years
ill health had prevented much active
practice.
RUNAWAY PIG SAVES
LIFE OF NEBRASKAN
Central.City, Neb., Jan. 4.—A pig which.
»e was carrying in his arms probably
saved the life of Henry Horstman, a sa
loonkeeper at Clarks. A blow from a
vicious horse which would have landed in
his stomach was stopped by the body of.
j the pig, which was killed instantly.
I Horstman had turned the horse out to
| exercise in an inclosure. While he was'
crossing the lot, bearing in his arms a'
«mall pig which had escaped from its pen,j
:he horse began plunging and struck outi
it him with both hind feet.
One of the animal’s hoofs struck thej
?ig, killing it Instantly, end the other hoofl
vtruck Horstman between the eyes, bieak
:ig his nose and both cheek bones. His
rounds were cared for at once by a sur-;
jeon, but it is probable that be will
iisfigured for life.
BALLOON TRIP FROM
OMAHA TO BOSTON
New York. Jan. ♦.—It Is stated that
Charles J. Glidden, the motorist, or-'
.ginator of the Glidden automobile tour,
js to attempt a balloon flight next sum-’!
Tier from Omaha to Button, a .-mit*oc*(
of about 1.800 miles.
Mr. Glidden -will make the flight in.
'.he hope of capturing the Lahm cup.
one for the longest aerial trips in this;
country. If he should succeed, Mr.
Glidden will have broken all records
for the United States and the world
The world’s record was made by
Count Do La Veaux, the French aero
laut. who suiled from Paris to a point
-n Russia, covering a distance of 1.28a
miles. __
EIGHT YEARS FOR
^ KILLING A WOMAN
Dfrs Moines la.. Jan. 4.—"Elroy How
ard. convicted of manslaughter, for
shooting Mrs. Martha PI cay with a
bullet aimed at her sister, Mabel Adair,
was given an indeterminate sentence
1 In Anamosa not to exceed light years,
by Judge Brennan, who overruled a
motion for a new trial.
^ The north star is estimated to shine
with a light ISO Limes tha* of the »u.o
TEXT OF COURT’S
OPINION IN SO. DAKOTA
PURE FOOD LAW
Pierre, S. D., Jan. 4.—The text of the
supreme court’s opinion, handed down by
Judge Fuller, In the pure food law test
case against R. F. Brown, of Sioux Falls;
a wholesale druggist, which is of vast in
terest to manufacturers and druggists, is
os follows:
The complaint shows that on the 2d day
of December, 1907, at the city of Sioux.
Falls, R. F. Brown did then and there,
being a druggist engaged in the business
of selling drugs and medicines, willfully,
wrongly and unlawfully offer and expos©
for sole, and unlawfully sell to A. H.
Wheaton certain prepared medicines, to
wit: One bottle M Peruna, one bottle of
Hamburger s Drops, one bottle of Cham
berlain’s Diarrhoea Remedy, one bottle of
Piso's Consumption Cure, one bottle of
Kodol and one bottle of Dr. King’s New
Discovery; all of said prepared medicines
being then and there misbranded, in that
none of the said medicines bore a qualita
tive statement of what it was composed.
Whether the act complained of consti
tutes a public offense depends upon judi
cial power to supply certain terms claim
ed to have been inadvertently omitted by
»t!ie legislature and which subject the peti
tioner to the operation of a penal statute.
,in which the word “druggist’* does not
appear.
Section 2 authorizes the food and dairy
commissioner to appoint and fix the com-,
pensation of the department analyst, and.
such inspectors and office assistants as he
.may deem necessary to carry out the pro
vis.ons of the act.
Sections 3. 4 and 5 define the duties of'
Ithe force and provide for their payment.
Without any reference to either drugs
or medicines the four succeeding sections
of the act are devoted to a legislative de
finition of the term “food” and a reoltal
of what constitutes its adulteration or
misbranding, and immediately following is.
section 10. which reads as follows: “It
shall be unlawful for any person acting
for himself, or as the servant or agent of
any other person, firm or corporation to
'manufacture, sell, offer or expose for sale
any article of food which is adulterated
or misbranded, within the meaning or
this act. The possession by an innkeeper,
hotelkeeper, restaurant keeper or board
ing house keeper of any food or drug
which is adulterated or misbranded w’ithln
•the meaning of this act shall be deemed
to be the keeping of such food or drug
for sale.
J'Jeither the term “druggist” nor “medi
cine” was employed by the legislature in.
this provision, and the unlawful posses
sion of the adulterated or misbranded
“drug” mentioned only in the final sen
tence is unaccountably limited to the dis
pensers of food.
Section 35, consisting of eight subdivi
sions, is declarative merely of what condi
tions are essential to constitute misbranded
or adulterated drugs or articles of food,
but no language is used therein tending in
the slightest degree to evidence a legisla
tive intent to make anything unlawful or
justify the infliction of a penalty for the
sale of prepared medicines, bearing no
qualitative statement of what it is com
posed. '■
Druggists Exempt.
f vv rule this section regulates nothing, and
is merely descriptive of the articles of food'
and medicine mentioned therein, and is in-*
(capable of transgression by any person,
(the provision Immediately following, being1
^section 36, declares that “any person vio
lating any of the provisions of the pre
ceding section of this act shall be deemed
’guilty of a misdemeanor and upon convic
tion thereof shall be punished by a fine
of not less than $10 or not more than $100.;
or by imprisonment in the county jail not
to exceed 30 days, or both such fine and
imprisonment for such offense."
Were it to be assumed, as contended by
the counsel for the food and dairy com
missioner, that the expression "preceding
section" might authoritatively be changed! ^
ito "preceding sections" this prosecution ^
would not be maintainable for the reason,
that there is nothing in section 10, nor in
any other provision of the “pure food law”
authorizing the arrest of a druggist, or
making anything that is charged in the
complaint a penal offense. According to
the elementary rule of construction thei
statutory enumeration of persons of the
same class, by specific terms, such as inn,
hotel, restaurant or boarding house, must
be restricted to that class of individuals,
and no consideration of the mischief to be
remedied by the passage of the act Is
sufficient to justify the interpolation re
quired to bring within its operation an
other class of persons whose business is
distinctly different.
There being no legal authority for the
process under which the petitioner Is re- ^
strained of his liberty, nor general law to
justify a conviction, his application to this
court for a discharge on habeas corpus is
granted.
OWEN PROPOSES
TO STAND PAT
Washington, Jan. 4.—Robert U.
Owen, United States senator from the
new state of Oklahoma, is under in
vestigation by the interior department
(and Secretary Garfield proposes to in
stitute suit in the federal courts to1'
cancel certain deeds held by the sen
ator in violation, it is alleged, of law.,
Two inspectors were sent to Okia-I
homa for the purpose of establishing1
fads in connection with Senator
.'Owen's alleged acquisition of some 4,
000 acres of land, situated in the
(richest section of the new state. The
■report of these inspectors now is in the
hands of Secretary Garfield, and it
ihas been the subject of a preliminary
‘conference between the secretary and
the Oklahoma senator.
Senator Owen claims that in acquir
ing the lands he did absolutely noth-,
ing unlawfully. He insists that the
deeds were obtained legitimately by;
agents, he merely furnishing the money
and he does not believe the action
,can be questioned. In any event, he.
'holds that the law is unconstitutional]1
and he has expressed his willingness)
to have the matter tested in the courts.
CHILD SLAYS MOTHER
WITH RIFLE; ACCIDEN1
Strudsburg, Pa., Jan.4—Little Lewi/
Hohensliitt, shot and killed, 8-year-ola
son of Mrs. George Hohenshltt. shoty
'and killed his mother while playing
with a Flobert rifle, which the boy.
bought with his own money. Mrs.'
Hohenshltt is from Scranton, and, with
her boy, was spending the holidays at*
the home of her father. Samuel Edin
ger, of Pocono Heights House, at Mount;
.Pocono.
The family was in the kitchen, when
iMrs. Hohensliitt was called to the tele
phone to talk to a friend Just as the
talk was finished and she s about tot
•hang up the receiver a report was
■heard and Mrs. Hohensliitt fell to the
•floor. She lived only two hours and*
was conscious all the time. The boy
was in the garden shooting at a target
and supposed the gun unloaded when
he pointed the barrel at his mother.
GOTHAM SOCIAL
LEADER SHOOTS
SELF; ILL HEALTH
New York. Jan. 4.—Marquis C. Gas-,
per, aged 85, a tea merchant, formerly
,a member of the produce exchange
prominent in riding and driving circles1
was found dead today In the bedroom’*'
of ills residence with a bullet in his
light temple. It is believed Gasper'
committed suicide because of contlnuedl
in health.