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Loup City Northwestern
volume xxv
LOUP CITY, NEBRASKA. THURSDAY", SEPTEMBER 17. 1908
NUMBER 45
MUCH IN SMALL SPACE FOR THE
HURRYING READER.
EVEN 15 COVERING WiQE FIELD
Som:tt-. -g cf Congress, Political Gos
s.p Here arid There, and News and
Notes of General Character.
«
)»
Pclitica!.
jLdge Taft announces he will et -
taialv mak- a trip west during tr.
campaign and visit Nebraska, but the
trip eas- and south has not yet been
determined.
It was announced et Chicago that
Murphy and ilcCarren had patched up
a tem;iorary truce for the purpose of
harmony at the Rochester convention,
but Murphy denies that Mr. C-onaers
> an patch :p anything for him.
\Y. J. Brvan made reply to Speaker
Cannon in his address at Olney. III.,
declaring he is worth only $150.000 and
asking how much the speaker is worth.
The Iowa legislature adjourned with
out electing a senator to fill out Alli
son’s unenpircd term. Agreement pre
vailed among republicans to assemble
after election and elect the man who
receives the primary endorsement.
Secretary Taft was visited by Sen
ator Foraker. who pledged anything
he can do in the campaign.
William H. Taft aroused crowds in
Ohio towns to enthusiasm, and an
nouncement is made that the candi
date will make a campaign tour of the
country.
Forty t wo Icwa smndpatters bolted
the nominee of the republican legisla
tive caucus and prevented the elec
tion of Governor Cummins to the
Senate.
Republican leaders, citing favorable
legislation, declare democratic cam
paign talk will not deceive labor vote.
It is said that Senator Foraker's
followers in Ohio are preparing to
knife Taft.
►
A
Gir.era!.
Much timber in the vicinity of Fort
Meade and Lead. S. D., has been de
stroyed by forest fires.
The annual meeting of the Union
Pacific stockholders will be held Octo
ber 13 to elect directors. »
Harry Thaw may be in contempt of
court because of his failure to appear
in Pittsburg a; the bankruptcy hear
ing.
~\Y? have had a better time in
Omaha than at any place since we left
New York." said one of the younger
members cf Harriman party at the
Union s'aiion on leaving for the east.
Orville Wr;ghr made a Sight of sixty
five minutes and twelve seconds in
his aeroplane, breaking the world’s rec
ord made the day before.
The United States circuit court in
Philadelphia handed down a decision
holding the commodities clause of the
Hepburn rate law is void.
The Standard Oil company answers
the .request for rehearing of the gov
ernment in the big case in which Judge
I.andis imposed a fine of $29,000,000.
G. W. Fitzgerald, accused of the
theft cf $171 <•*•'•> from the subtreasury
in Chicago, has been released from
!y os the- government refusing
to furnish testimony.
In his tear of Illinois and Indiana
towns Mr Bryan made a vehement at
tach on Speaker Cannon.
The constitutions] amendments in
N I ' a- .a v. re adopt- 1 as party mea
sur s by all political parties. Some
democratic and populist opposition was
shown at the primaries.
Th Nebrr. -ka university authorities
are expecting a heavy registration of
students.
England las launched a new war
ship that is the largest of any of its
class.
Speaker Cannon opened his cam
paign for re-election in Danville. 111.,
with reply to a speech of Samuel
Gompers.
Corn is marly up to the ten-year
averag e according to a report of the
Department or Agriculture.
Ord-r was mad- for a through rate
on lumier from Washington points to
Sait Lake City and Utah.
Four deaths arc the results cf a hotel
t: • in i • aver that was started by an
incendiary.
Mile. La Blanche, wao entertamea
Ak-Sa.-E a crowds in Omaha last
year broke her hack in Toronto.
In the inquest over Dr. F. H. Rustin
of Omaha a woman "id a strange
story of a suicide agreement in which
she was to kill the man and then kill
herself, but, her coura te failed and she
says a man was secured to take her
piace. That man is now under arrest.
All Nebraska representatives in
congress have been rinoninated. ac
cording to the cfir-ia' returns from
seventy five out of ninety counties.
Nebraska is included in the itin
erary of Judge Taft.
The next reunion cf the Grand Army
will be held in Sait Lake.
Inquest of Dr. Rustin’s death in
Omaha brought out the startling testi
mony that the doctor tried to per
suade the Rice woman to kill him and
when he nerve failed told her he had
procured a man who would do it,
pointing out Charles Davis. The lat
ter denies having agreed to do so.
The authorities in Des Moines. Ia.,
have started a move to abolish the
"redlight ’ district, but will offer un
fortunate women a chance to earn a
living honestly.
Samuel Gompers will Invade Can
nons’ district in an effort U> defeat
him.
Fifteen thousand people are home
less as a resu!' cf forest fires in Min
nesota and property loss is immense.
The governor appeals for aid
The head of the ocomotive firemen
issued a statement to the effect that
the organization is taking no part in
the election and is not in poliics.
The preside.* in his coming mes
sage will suggest an Inertuse in army
strength to a hundred thousand
Mrs. Marshal! Field. Jr., of Chicago,
, was married ar 'he V- - r ns- u reg
j istrv office. London to Maldv in Drum
I mond. second -on of the 'a' Edgar
Atheling Drummond.
The president plat:- 'o end his sum
rrt‘-r vacation S-; Z~. and return to
Washington.
Both republican candidates for gov
; ernor in West Virginia have pc-eed
’o withdraw provided Judge Nathan
! Goff will acree to accept the nomina
tion.
A public meeting of Taft and For
aker and the formal burying of all dif
ferences between the Ohio factions in
the Republican party was a feature at
tending the Grand Army parade and
encampment at Toledo.
The receivers of the Pillsbury-Wash
burn Milling company declare that un
less they are empowered to raise $75.
000 immediately by means of an issue
of certificates of indebtedness, the
mills must close, which would result
in a loss of established business.
The recent Nebraska State fair was
! the most successful ever held.
Complete returns if the Vermont
election give Prouty, Republican, a
plurality of 2ft.C73.
The sum of SI".000 is left to the
Actors' Fund of America by Tony Pas
tor. the so-called "Father of Vaude
ville” in this country.
Lionel Saekville Sackvill?-West, sec
ond Baron Saekville. died at Knole
park. Seven Oaks, near London. He
had been ill for some time.
Europe is thrown into a turmoil by
Emperor William's demand that Mulat
Hafid be recognized immediately as
Sultan of Morocco.
Washington.
General S. Lockwood Brown, for
merly of Chicago, and prominent in G.
A. R. circles, was married here to
Miss Elinor T. B. Chester. General
Brown is 75 years of age and his bride
is 63.
The hearing in the contempt pro
ceedings of the Bucks Stove and
Range Company against tabor officials
who are alleged to hare violated an in
junction to discontinue a boycott may
not be held until October. Justice
Gould of the district Supreme Court
has intimated that the matter should
go over until the regular court term in
October.
A note of warning against federal
employes resigning to participate in
political campaigns with the expecta
tion of possibly re-entering the service
is found in a star :-ment given cut by
civil service commission defining its
attitude.
"Congress will be called in extra
ession inm dlat-'y after the presi
dential inauguration next March, and
will remain in sessiomhalf t year or
longer." sr.i ! Senator McCumber of
Xorth Dakota, who has reached Wash
ington after talks with President
R osevelt and Mr. Ta£» "The'session
will be called for tariff revision and a
hitter will b? precipitated,. The con
flict of interests which must develop
will fce stubbo, ’ !y contested.
Foreign.
With ad! the sok-ma splendor of the
Roman Catholic chuA Cardinal Y.n
conzo VannuteHi. the pope's legate,
was formally received by the prelate!
who have gathered in London for the
eucharistic congress over which h«
will preside.
A patrol from the American fleet is
still searching for tae men who failed
to go aboard the ships wnen sailing
from Melbourne.
M. Albert:, who retired recently
from the post of minister of justice.
I Denmark, surrendered to the police
: and confessed to a series of frauds
azainst the Bondestandens Spare
| kasse a savings bak of which he was
j president.
The battleships Maine ana Alatama,
■he advance guard of the American
fleet on the voyage around the world.
! arrived at Suez.
Countess DeSatatler. prominent in
1 Parisian society, committed suicide
by shooting in Paris. The act, it is
believed, was the resnlt of nervous
excitement.
\\ .ibarn E. C-rtis writes that Glaa
gow cates its great wealth and pros
perity from its early trade with Vir
ginia tobacco plantations and Jamaica
sugar fields.
Persona!.
The Iowa legislature deadlocked
over the election of a senator and
enemies of Governor Cummins declare
he is defeated.
A meeting of the loaders of the
democratic r:arty was held at Chicago,
when it was practically agreed to
force Mr. Bryan out upon an. active
campaign.* ;t.
Tiigt William H. Taft will make' an
extensive tour in the United States be^
fore the November election may be
announced as the personal determina
tion of the candidate.
Mayor Dahlman of Omaha declares
that unless Shallenberger is 2,(M>0 or
3.000 ahead of him he will contest his
nomination for governor on the ground
that populist votes were counted for
him.
Alexander Tronp, democratic com
mitteeman from Connecticut and per
sonal friend of W. J. Bryan, is dead.
Friends o:f progressive legislation in
YUrsiOgton see the “Canon blight” rn
the cefeat of Congressman John J.
Jenkins in the Wisconsin primaries.
Commissioner General of Immtgra
TOTHE FREIGHTMEN
WHAT CLARK HAD TO SAY TO
TRAFFIC MANAGERS.
THE L! isilL BE ENFORCED
Incorporations and The.r Rules Should
Be Overlooked and Supervised
by Federal Tribunals.
St. Lou'?. 111.—“I doubt if the whole
history of lawmaking in this country
discloses such a. record of ignoring,
evading and defying law as has
marked the course of the interstate
commerce law. Its purpose has been
defeated through technicalities, but it
must not be assumed, that the effort
toward governmen* regulation of in
terstate commerce has been, is. or will
be a failure or that it will be aban
doned in despair. There will be no
vindictiveness, no playing to the gal
leries and no partiality in administer
ing the law as laid down by congress,
but there will be a firm purpose and
an earnest effort to enforce the full in
tent.”
This statement was made by E. F.
Clark, interstate commerce comniis
sioner. in an address this afternoon be
fore the annual convention of the
American Association of Freight Traf
fic officials.
Mr. Clark said the roads should be
permitted to maintain traffic associa
tions. providing their articles of incor
poration and their rules are subject to
approval by a federal tribunal and are
made public.
He opposed the proposition that a
complaint against an increased rate
should automatically suspend such
rate, but urged that the Interstate
Commerce commission be given
authority to suspend a proposed in
crease in rates until its reasonable
ness could be determined.
The following officers were re elect
ed by the association:
President. Robert C. Wright.- Phila
delphia: first vice president. T WL
Gallagher, Baltimore; seccHd vice
president. W. D. Groseclose, St. Louis;
third vice-president. Charles R. Capps,
Norfolk.- Va.; fourth vice-president.
George R. Crosby. Chicago: secretary,
treasurer, J. F. Ausch. Philadelphia.
Chole’-a Has a Firm Hold.
St} Petersburg— An oGtc al state
meat of the cholera situation in St.
Petersburg shows that Sunday there
w‘re fifty-eight n- w cases and tight
death - from • he di. use anj that there
- h m
with it.
Harry Thaw Gets Transfer.
Pi ig ■ -i- >: V—Harry K.
Thaw will he trar furred frcm the
Pnchess c un'y jai to the jail at
V*~hi> PI V - :■ --r contr; . tin
der an order issued by Supreme Court
Justice Mills at a special term in this
city.
Barriers Rib Embassy.
Washington—Bcrgtsi s entered the
British embassy and mole from the
rtotn of rho housekeeper. Miss C'ara
Chilis, a sum of jewelry ami
: gold war.h and chtiu. Ambassador
Mi E
Idle Men the EcCroc.
Lend .a—The'nuT’i: "r of ttnexploy
ed in this city was strikingly illus
trated when men. surrounded anj
attempted to make their way into a
hospital which had advertised for a
porter at a wage of $4.50 a week and
m^als.
Shaw He3as> the Company.
Philadelphia—Leslie M. Shaw, for
merly secretary cf the treasury, will
come to this city shortly to accept
the presidency of the First Mortgage
Guaranty and Trust company cf this
city.
Vet ow Fever irs Mexico.
Mexico—Reports fror the city of
Merida, capital of Yucatan declare
•hat two authentica cases of jtiictv
fever are in the pest house there and
t'at-fctir suspected ca?'s are under
cbservatlcr.
SPIN
G '. 'HEAT STARTS EAST.
Movement Begins Earlier Than Last
Year and Grain K;gh Quality.
St. Paul, liinn.—According to the
general freight agents of the north
ern railrT-ds, which run through the
•
■ p movement ha-- just started and
it is from rwo to three weeks earlier
than last year.
Eeports received from Doluth and
Superior shew that the movement the
last two days of last week indicated re
ceipts of from 500 to G'O cars daily in
those two cities for trans-shipment
devyn the lakes.
The crop is more abundant in some
places and less in others, but the
grade is larger. Tbe percentage tag
of No. 1 northern wheat is greater
than usual.
To Investigate Fish Combine.
Chicago.—A statement made by
Louis M. Polakow, publisher of a trade
journal devoted to the fish trade
which was given publicity on Saturday,
was made the basis of a report that
federal Investigation would be made
of the affairs of A. Booth ft Co., who
went into the hands of a receiver last
week. Polakow declared that the
prices of fish to dealers throughout the
country were dictated by A. Booth ft
Co., and that he was ready to give the
district attorney details concerning
their operations. j
STATE NEWS AND NOTES IN CON
DENSED FORM.
THE PRESS, PULPIT AND PU8U0
What is Going on Here and There
That is of interest to hte Read
ers Throughout Nebraska.
A‘ a school election he'd to deter
mine whether or not the city of He
bron should vote $20,000 bonds for the
purpose of building a new ward schoc!.
the bonds carried by a majority of
fifteen.
While Mr. and Mrs. William Burke
of Friend were out riding in their au
tomobile. the machine was overturned
and Mrs. Burke suffered the breaking
of a collar bone beside some ether
bruises.
James Keith, a bartender from Ray
mond, was shot and killed at Bridge
port by Michael H. Hagerty, a saloon
keeper of that place, as the result of
a drunken dispute. Both men are
well known.
Mrs. Dora Wilson, proprietor of the
hotel at Manley, went to Lincoln to
attend the funeral of her niece, Miss
Edna Kennett. While in a restaurant
she was attacked with appendicitis,
taken to a hospital and operated on
and died next day.
Leaving behind her a hnsbavl and
five children. Mrs. Ernest Olson, liv
ing about four miles north of Polk,
deserted her home in company with
Ray Helvery, the hired man, came
over from Polk to Central City with
him in an automobile, bearded the
train at that place and has not been :
heard of since.
Judge Grimes held a brief session
of the district court at Sidney anl
sentenced the following to the peni
tentiaary: Henry Harris, burglary,
eighteen mon‘hs; Samuel Gim. for
gery'- two years and a half; Will La
Maar. a boy of IT. was sent to the
state reformatory for a period of four 1
years for burglary.
\v ok was received m Beatrice teat
Lon Eddleman. a young man whose
home is near Ellis, had died in South
Omaha from an overdose of cocaine.
Eddleman was suspected of having
robhed the store of the Jackson Drug
company in Beatrice. He was also
suspected of ether robberies at Erits
and Plymouth and escaped from the
officers a few years ago.
Sheriff H. U. Miner of Burt county
has apprehended Fred Clark and Ed
Orr. half brothers, wanted at Mt. Ster
ling, III., for jail breaking. The men
do not deny having taken French
leave of the Mt. Sterling prison. They
had been given a preliminary hearing
on a charge of assault with intent to
kill, and were awaiting trial in the
district court there when a jail de
livery was effected.
A. E. Williams, living at North
Seventh street, says the Lincoln Jour
nal. has succeeded in growing in his
yard a very perfect cotton plant,
which is now full of blossoms. It was
planted in March and has been given
care enough to bring it to full devel
opment. Inasmuch as it is only cne
of thirty stalks to come to perfection,
it does not appear that eott .n can he
grown here to advantage.
The food commissioner has forward
ed to County Attorney English cf
Douglas county informal ion that six
restaurants of Omaha are selling skim
milk and directs that they be prose
cuted under the pure food law. The
law requires that milk shall test 3 per j
cent butter fat. Two and six-tenths
per cent was the best any of the res- ,
taurants in the list did. according to i
the food commissioner’s report.
The annual convention cf the Lu
theran synod cf Nebraska opened in
Haardy. The following officers were !
elected: Rev. L. Groh. D. D.. of Oma
ha. president: Rev. Gecrge W. Livers
of Benedict, s-creta~y; Dr. James H.
Miller of Surprfw, treasurer; Rev. C.
J. Ringer of Wajite. statistical s cre
tary; Rev. M. L, Melick of Omaha, his
torian. The annuiU reports showed a
general advance all along the lines.
n*j_i (.ommissioner jccnson is pro
ceeding against more farmers cn a
charge of selling Botien eggs. He has
asked county attorneys to prosecute
P. Smith of Rolioby and ?. L. Cullen
of Ashland for selling bad eggs to a i
storekeeper. It is the food commis
sioner's policy tt> catch farmers by
having inspec‘or«: stationed at coun
try stores to candle eggs and the first
farmer that offers a bad egg is imme
diately detected.
Some boys at Shelton were using a
high, slanting wire as a slide for life
and sliding down hanging by their
feer. While Harold Kesterson was
making a slide the fastening to wh'ch
his feet were attached broke, precipi
tating him to the ground head first.
He alighted on his lands first with,
such force as to break both arms at
fhe wrist, the bcnes protruding
through the flesh. Although badly in
jured it is thought that his arms can
be saved.
The assessed value of property ap
portioned to cities and towns, belong
ing to the Chicago, St. Paul, Minneap
olis & Omaha railroad, under the pro
visions of the terminal tax law, is in
creased from $277,100 in 1907 to $435,
191 in 1908.
A letter received at Fremont by her
husband clears away the mystery
which surrounded the disappearance
of Mrs. Olsen. Mrs. Olsen is in
Sweden staying with her parents.
How she managed to get there Mr.
Olson says he cannot imagine. He
says she did not have any money that
he knew anything about.
!HE CORN RAISERS’ NIGHTMARE.
TO JOIN IN GENERAL WAR
LABOR MEN TO TAKE PART IN
FIGHTING TUBERCULOSIS
Announcement Made That American
Federation Will Join in Fight
Against Plague.
Washington. — American working
men and workingwomen. represented
by the American Federation of Labor,
will co-operate with the coming world's
congress on tuberculosis to prevent
the spread of consumption in work
shops. homes and public buildings.
This developed at the session of the
executive council of the federation,
when the council decided to assume
charge of a mass meeting to be held
in connection with the congress on
Sunday, October 4.
John Mitchell will preside and make
an address emphasizing the impor
tance to workingmen of the tubercu
losis crusade. Samuel Gompers, pres
ident of the federation, will make the
principal address. The effect of tu
berculosis upon the workers will be
proved by statistics, which show that
25 per cent, of ai! deaths between the
ages of 15 and 45 are due to con
sumption.
It was decided that the American
Federation of Labor make every effort
to aid in furthering the movement
among the people of our country to se
cure legislation for the conservation
of our natural resources.
A resolution was adopted to urgent
ly request President Roosevelt to in
tervene and prevent the surrender of
Jan Pourer. to the Russian govern
ment. Pouren participated in the rev
olutionary movement of the Baltic
provinces to obtain a freer form of
government for the people of Russia.
When the revolution failed he escaped
to the Uni;ed States and obtained em
ployment which he followed for more
than eight inomhs. Russian spies in
the United States ferreted him out
and now demand hi. extradition.
KAISER DOESN'T ENTER FRANCE.
William Changes His Mind About As
cending the Hohneck.
Altenberg. Alsace.—Emperor Wil
liam disappointed the general expecta
tion that he weald set foot on French
territory Friday in the course of a
siglw-seeinsr trip along the Vosges
range. The French authorities for
warded his majesty a hearty invita
tion to do so and had made every prep
aration to welcome the imperial vis
itor. He had intended to ascend the
Hohneck. the highest point in this
vicinity, which is situated in French
territory. From it a splendid view
may be had of Kemiremont and the
valley of the Moselle river. Emperor
William arrived here late in the after
noon and decided not to proceed
across the frontier.
Commodities Clause Hit.
Philadelphia. — The commodities
clause of the Hepburn railroad act
was Thursday declared to be uncon
stitutional by the United States cir
cuit court for the eastern district of
Pennsylvania. Judges Gray and Dallas
agreed in an opinion, covering 75 type
written pages, that the clause is un
constitutional. Judge Buffington dis
sented. but did not file an opinion.
Gans Beaten by Nelson.
Colma Arena, San Francisco.—Bat
ling Nelson clinched his claim to the
lightweight pugilistic championship
by defeating Joe Gans for the second
time at Colma arena Wednesday aft
ernoon. The fight ended in the twen
ty-first round when Gans. beaten down
hv a succession of blows from his
sturdy conqueror, failed to get upon
his feet within the count of ten.
Indicted for Arson in New Orleans.
New Orleans.—Julius Lipps. man
ager; Abe Wolf, secretary and treas
urer of the Central Glass company of
New Orleans, and John Eckert, an
employe of that company, were indict
ed by the grand jury Wednesday
night on the charge of arson in con
nection with a fire which about ten
days ago burned over a portion of
three blocks in the business section
of New Orleans, causing a loss of
$1,500,000. The fire originated in the
building that was occupied by the Cen
tral Glass company.
DELAY IN BIG LABOR CASE.
Legal Proceedings Against Gompers
and Others Are Postponed.
Washington. — The legal pro
ceedings against President Samnel
Gompers. Secretary Frank Morrison
and John Mitchell of the American
Federation of Labor, in which they
were charged with contempt of the su
preme court of the District of Colum
bia on account of acts and utterances
apropos of the judgment of that court
directing them to cease publishing the
name of the Bucks Stove & Range
company in their "We don't patronize"
list, were virtually postponed for two
weeks after a brief hearing Wednes
day. Justice Gould of the supreme
court presided.
The postponement was taken at the
instance of counsel for the stove com
pany and in opposition to the ex
pressed wishes of Mr. Gompers and
his associates, who complained of the
delay as expensive and unnecessary.
It was stated on behalf of the com
pany. however, that it would be neces
sary to examine witnesses as to the
issues made by the petition and the
answers, and Justice Gould, saying
that he saw no necessity for great
haste and urging the desirability of af
fording both sides a full opportunity
to be heard, granted the request. He
appointed an examiner to take testi
mony, gave each side 30 days, and an
nounced his own willingness to sit. in
the case after the facts shall have
been ascertained.
BISHOP SPALDING RESIGNS.
Head of Pecria Diocese Retires Be
cause of III Health.
Peoria. 111.—The resignation of Rt.
Rev. John Lancaster Spalding, bishop
of the diocese of Peoria, was officially
announced from his residence Thurs
day in the following note:
"Bishop Spalding having been ill for
Bishop John L. SpaFdinr.
three years and a half, and forese?,ng
that some years must elapse before he
has hope to resume active duty in the
diocese of Peoria, has, after due con
sideration. resolved to tender his res
ignation as bishop of Peoria to Pope
Piux X." The bishop is now in his
sixty-ninth year and still suffers from
the paralysis which brought him near
| to death.”
Deposit Guaranty Law Upheld.
Guthrie, Okla.—The supreme court
Thursday upheld the validity of the
j depositors’ guaranty law. d“ay>ng the
j injunction prayed by the Noble State
i bank to restrain the state from levy
; ing a one per cent, assessment upon
: the deposits of the bank. It was con
i tended that the law is unconstitutional
i in that it levies on and takes private
I property without consideration. On.
! this point Judge Huston in the Logan
! county district court overruled the
: bank and denied an Injunction, the
! case then being appealed.
Young Wife Commits Suicide.
Seattle. Wash.—Mrs. John Davis1
wife of one of the leading real estate
dealers of this city, committed suicide,
by taking carbolic acid. She was 23
years old, he is 38, and they had been
married only since March 15 last.
Paper Mill Men on Strike.
Millinocket, Me.—Responding to a
telegram from their union headquar
ters, the 1,200 men employed in the
mills of the Great Northern Paper
Company here and at East Millinocket
; west cn strike Friday.
FLAY JUDGE LUIS
LAWYERS FOR STANDARD OIL
FILE THEIR ANSWER.
DECLARE FINE EXCESSIVE
Jurist Is Charged with Yielding to
^Outside Influences and the
Prosecution Is Calied
“Malicious.”
Chicago.—Judge Kenesaw Lanii^,
who fined the Standard Oil Company
$29,000,000. is charged with having
permitted outside influences to govern
his decision by the attorneys for the
company in their answer to the appli
cation for a rehearing filed in the
United States court of appeal -
The answer refers to the judgment
of that court as an “unheard-of fine.”
and says that the court was “gov
erned by evidence and considerations
which were not proper to influence a
judicious magistrate."
District Attorney Sims, who con
ducted the prosecution, was referred
to as a "zealous prosecutor."
The answer to the government's ap
peal for rehearing is submitted by
Attorneys John S. Mill r. Moritz
Rosenthal and Alfred D. Eddy, counsel
for the oil company, and cites numer
ous reasons why Judge Grosscup and
his associates in the court of appeals
should not grant the government's pe
tition.
The principal argument presented
is in regard to excessive fines, and it
Judge Kenesaw Landis.
is declared absolutely that District At
torney Sims could find no authority to
support Judge Landis in hr- action of
fixing the "unheard-of fine.” Regard
ing this the answer states:
"The provision of the bill of rights
j in the eighth amendment to the fed
I eral constitution forbidding tbe impo
| sition of excessive fines enacts a
i cherished principle of Magna Charta,
which is the foundation of American
and Anglo-Saxon laws and jurispru
dence. and which required that fines
imposed for faults or crimes should
be 'after the manner of the fault.' or
according to the heinousness of it.'
and fcrbade fines so large as to de
prive a defendant of that which was
necessary to his vocation or liveli
hood.”
The action of the government in
bringing the oil company to trial is
referred to as "malicious prosecution.”
and it is reiterated that no evidence
and law has been brought to bear
on the case by the federal attor
neys.
Freed in Subtreasury Case.
Chicago. — George W. Fitzger
ald. accused of having stolen the
$173,000 which disappeared from the
United States subtreasury, was dis
charged by Judge Chetlain Thursday
after it had been shown on the witness
stand that the government had in
structed the treasury department
heads in Chicago and other govern
ment employes to not testify in the
case nor make public the evidence
which the secret service men have
been gathering since the time of the
robbery.
Woman Suicide at Niagara.
Niagara Falls, X. V.—A woman,
about 25 years old, of refined ap
pearance, Tuesday afternoon walked
into the river about 30 feet above
Prospect Point and was swept over
the falls. She left nothing to iden
tify her. Seventy-five persons saw the
suicide.
Four Die in Denver Fire.
Denver, Col.—Four men lost their
lives and a score of persons were in
jured. several of them seriously, in a
fire that ruined the Belmont hotel, a
three-story building at 1723 Stout
street Tuesday morning. Crazed with
fear and almost suffocated by smoke,
the guests rushed for the windows,
several of them jumping to the pave
ment below before firemen and police
men could reach them with ladders or
spread nets below the windows. The
fire is supposed to have been of in
cer.diary origin.