The Omaha Morning Bee ► _ ______• VOL. B2—NO. 161. »■»«< m M»tt»t »u a. iw. «i OMAHA FRIDAY DFl’FAIRKR '29 luoo • b» mui i. Dili* m si»«Ui n. iu<». u.», «um» tin *tt> «•««. TWO f!EVTS VV/U. Ui lOl, {Htt P. O. Uatar Art •« Mtrck S. I*7». U.UAI1A, rftlUAI, UCit CjiVin^n 1.*--. Oul.U. tht 4th ion* it «••<): 0«ll» • Surd.,. 112; tntn only, M. 1VVU XO * ■ ..I ■ ■■■ —.— ■ I ■■ ■ I ..... .- --1----- (S\ -- Bodies of % Lost Flyers Are Found Army Officers Missing Since December 7, Located on In dian Reservation 75 Miles West of Tucson. Corpses Charred by Fire San Fra in i sco, Poe. 21.—The charred bodies of the missing aviators. Col. Francis C. Marshall and Lieut. Charles Webber, have been found on lb** Papulo Indian reservation about 70 Smiles west of Tucson. Ariz., the South ern Pacific railroad offices hero were advised this afternoon in dispatches from Tucson. A cowboy, the advices state, came upon the bodies near what is known ms Indian Oasis. The bodies lay in the wreckage of the flyers* airplane. L is not known whether Col. Marshall arid Flout. Webber were killed when they crushed to earth or burned to death afterward. The message to the Southern Pa cific said: “Some cowboy found those two aviators near Indian Oasis. Both ap parent 1> were burned to death. About 77 miles south of Tucson on Papulo reservation. No railroad there. It is • n a wagon track. Suppose airplane fell to ground and aviators burned to death.** Near Water Hole. T-. the settlement is close to an old water hole much frequented by travei ns in the days when the desert jour ney from Tucson to AJo was extreme ly long and tedious undertaking. It. is about 7,"» miles southwest of Tue • Missing Since December 7. Ci>l. Francis C. Marshall, attached In the staff of the chief of cuvnlrv •*al Washington and a brigadier gen cviil who served with diatim tion in the world war. and Lieut. Charles L. Webber of the nir service left Ban Diego at 9:15 Thursday, December 7, for n flight to Fort liuachuciL, near Tucson. Arts. Col. Marshal! had been on ail in spection tour of cavalry camps throughout the country and had used airplanes extensively on this mission, lie commanded a brigade of the First and Second divisions in France from 1917 to 1919 and received the Croix l)e Guerre for distinguished service. Native of Denver. Lieut. Webber was an experienced cross country flyer and was instruct ed to report by wire upon his arrival. Weiiber was 27 years old and a native of Denver, where his parents, Mr. and Mrs. C. A. Webber, now reside. Web’ii r entered the aviation school at Berkeley. Cal., in 1917. and was commissioned at Mt. Clemons, Mich., in 1918. lie served two years in the Philippines. Saturday, December U. five air planes of the Twelfth observation squadron located at. bjprt Eliss. LI Paso, Tex., started an intensive search for the missing airmen. These planes were In charge of Maj. L. G. Ileffernan. They were joined later Iry 15 more airplanes. The planes carried emergency rations and water containers so attacned that they could be dropped at any point on the desert if the lost officers were sighted and a landing was impossible. The search was conducted on a scale larger than any other similar ^operation conflucted by the army air ^Nervice. Barrows Will Present Another Salary Claim I Lincoln, Dec. 21.—(Special.)—Lieu tenant Governor Barrows will present to the state nuditor another claim for salary as acting governor, covering the period lie is now serving in the absence from the state of the chief executive. The district court upheld the action of the auditor In refusing payment on the claim for previous service, and it is now in supreme court. It is intimated that the claim will he presented to the legislature. Mr. Barrows says the amount of the money is not the question with him lie wants to know if the constitution means what it says. Jilted Lover Fail? to Get Damages From Grocer Durward De Buse failed to get any damages from Jacob Rosenblum. For tieth and Dodge street* grocer, for al leged slander. De Buse alleged Rosen Mum had made slanderous state meats about him through.which he lost the affection of Rosenblum's niece, Krma Glick. She broke her engagement with De Blue. A Jury yesterday afternoon in Dis trict Judge Goss’ court returned a verdict in favor of the defendant. Rosenblum, whom De Buse sued for $25.00t>. s*"*1 Lady Fraser Get? Divorce London, Dec. 21.—Lady Helen Mary Fraser, wife of Sir John Foster Fra» er, widely known lecturer, was grant ed a divorce today on the grounds of misconduct. Lady Fraser was Helen Mary Lawrence. daughter of Francis Lawrence of Seattle, Wash i | Lady Rhondda Wins Divorce in London I.ady Kliondda. London, Deo. HI.—{By A. }\) Lady Rliondda was grunted a divorce today from Sir Humphrey Mack worth on grounds of inisconauct and desertion. The suit was not defended. Lady Rhondda, formerly a militant suffragist, and for some time one of the leading figures in the British business world, was denied a seat in the house of lords last May after a long fight for admission. Last March the lords* committee on privi leges granted her petition for a but on reconsideration the committee decided that her claim had not neen established. Day’s Session at Lausanne Breaks Up in Squabble Turkish Delegate Blames For mer Premier Venizelos for Recent (ireek Military Disaster. Lausanne, Dec. 21.—(By A. P.>—A stirring altercation occurred at a meeting of the subcommission on mi norities today between tho former Greek premier. Venizelos. and the Turkish delegate. Rizu Nur Bey. The dispute arose over the question of responsibility for Greek deportations in Asia Minor, and was so violent that it became necessary to adjourn tho session. According to spokesmen of the Turkish delegation, Hiza Nur Bey de clared that the Greek army was not. so much responsible for the recent military disaster as was Venizelos. himself, because il was Venizelos who had inaugurated tlj£ idea of a mili tary invasion of Anatolia. „ Hiza affirmed that in his opinion the Greek ministers who were recent ly executed at Athens were in all prob ability entirely innocent of deceiving the Greek people, because the real father of the Asia Minor campaign was Venizelos. Warning Disregarded. The Italian chairman of the sub committee. Signor Montagna, had previously warned both the Turkish and Greek delegates that references to massacres and cruelties must hence ! forth be avoided, but the Turks al leged, Venizelos today refused to obey ! this injunction. He declared a bitter indictment against (he Turkish army and went so far, the Turkish dele gates asserted, that, the chairman was obliged repeatedly to call him to or der. After Insistent attempts at this. Rial Nur Bey eventually got the floor and defended Turkey, and then made a personal attack on the former I Greek premier. Another Indication that feeling is running high between the Turks and j tho Greeks was found in a cornmu (Turn to race Tsflit, Column Three.) St^loses Surcharge of 10 Per Cent to Continue Under Injunc tion Against Rates in U. S. Court. Judges in Agreement Northwestern Bell Telephone com pany subscribers must continue to pay a 10 per cent surcharge for sev eral months. An injunction granted by federal judges yesterday halts at least for the time being the new rate schedule pro posed by tlie Nebraska State Railway commission, which would have re moved the surcharge December 1. Hence until a final rate revision is made, the surcharge must be payed by ’phone subscribers. I’liune Company Victory. The decision made by unanimous vote of Federal Judges Munger, Lewis and Woodrough, was regarded us a victory by counsel for the Northwest ern Bell Telephone company, which applied for the Injunction. The new rates, fixed by the railway Commis sion, would have cut the company's revenue about $300,000, by the remov al of the surcharge, it was contended. Judge Munger. who read the de cision, refused, however, to permit the telephone company to fix new rates of its own. He held that the showing made at the hearing yester day indicated that it was very doubt ful if the company could cut oper ating expenses enough to make what it claimed to be necessary revenue. A special master will probably bo appointed by Judge Munger to make filial disposilion of the rate case, and counsel indicated that it probably would require some five or six months to complete the bearing. I Solid of $150,01X1. In the meantime the 10 per cent surcharge on exchange rates will lie continued. The company put up $ 1 &<*, 000 as a bond that it would refund money collected above what the com mission's rate schedule permits should tlie final decision he against the com pany. The state railway commission’s proposed rate schedule increased the company’s revenue about $150,000 an nually on toll rates. $90,000 on P. 13. X. switchboard rates, and made some other adjustments which would add about $20,000, according to Corpora tion Counsel Lambert, who represent ed the city in the hearing. Toll Kates Hold. The judges decided that the in junction should not apply to these new toll rates or new private ex change rates, fixed by the commis sion. This, according to Mr. Lam bert, makes the telephone rates high er than ever in the past. During tlie hearing counsel for tlie telephone company declared a grave emergency exists for t!ie company and that the proposed rate schedule of the commission would bo con fiscatory. Commission Surprised by Phone Rate Ruling Lincoln, Dec. 21.—Members of the state railway commission nre disap pointed over their failure to prevent the Northwestern Bell Telephone company from continuing in effect the present exchange rates. Two con siderations. however, are supposed to have guided tlie federal court in al lowing the temporary injunction. One is that the company offered to put up a bond to secure the repayment of any overcharges during the time that the case remains in court for final adjudication. The other is that the company made a. prima facie show (Turn to I'afe Twelve. < oluinn Tour.l Facts in Figures Advertising So far this month The Omaha Bee, up to and including December 19th, made a gain in paid advertising (less legal) of 435 inches over the same days a year ago. Circulation During November, 1922, The Omaha Bee gained 1,710 in daily circulation over October. 1922. The W-H lost 1.199 and the News lost 581 in the same period. *Wane* Ads Classified (“Want" Ad) Advertising Gales far Aug., Sapt., Oct. and Nov. THE OMAHA BEE GAINED..41.34% W-H gained .17.36% Newt, gained .18.85% Circulation gains are the barometer which gauges the regard with which the public holds the paper. The Omaha Bee is rapidly winning its way to the front with the public of Omaha and Nebraska. Naturally, circulation gains mean increased results foi the large and small advertiser. Call AT lantic 1000 for circu lation or advortiiing information. * ./ Chief Justice Taft Undergoes Operation Washington, Dec. 21.—Chief Jus tice Taft submitted to an operation last Sunday for the removal of calculi from the bladder and today was said to be in good condition. Word of the operation, which was described as minor, did not become known until today as the supremo court is in recess and upon his re turn front ttie hospital Wednesday lie resumed the active discharge of his official duties. Those who called on him described his general condi tion as normal and said ho showed no ill effect front his experience. While under advice not to exert himself physically for a day or two, the chief justice has been working with his secretaries in his library the last two days, receiving all callers and transacting all business ns usual. Senate Confirms Nomination of Fierce Butler Norris Leads Light Against St. Paul Man for Supreme Court—Final Vote Is 61 to 8. Washington. Doc. 21.—The nomina tion of Pierce Butler, St. Paul attor ney. to lie an associate justice of Iho I United States supreme court, finally was confirmed late today by the sen ate. The vote was said to lie 61 to S. Opposition to Air. Butler was even ly divided, four republicans, Senators I>a Follette of Wisconsin; Norris of Nebraska; Brookhart of Iowa, and Norbeck of Soutli Dakota, being join ed by four democrats. Senators George of Georgia; Trammell, Florida: Shep pard, Texas, and Heflin of Alabama, in voting against confirmation. The senate voted to remove the ban of secrecy from the roll calls and it was announced Ithat a motion to re commit the nomination to the judici ary committee was defeated, 63 to 7, with virtually the same lineup that gave the nominee confirmation. Justice Butler, a democrat, who was named for the vacancy caused by tlie resignation of former Justice Day, will not take his seat until Janu ary 2, the supreme court now being in recess. A prior nomination during the re cent special session was blocked by the opposition. More than three hours of discus sion preceded the senate's vote. Sen ators La Follette and Norris, it was said, made the principal speeches against the confirmation, with Chair man Nelson and Senator Walsh, dem ocrat, Montana, making the main addresses for the judiciary committee in favor of confirmation. Barney Freed of Shooting Charge Fi\e Small Children Throw j Arms Around His Neck as Acquittal Is Announced. — Morris Barney was acquitted of a charge of shooting with intent to ) kill by a jury in District Judge Day's court yesterday afternoon after an ! hour of deliberation. Barney's small children ran to him j and threw their arms around his neck and Barney wept with joy. Then lie left the courthouse, carrying i his youngest and with the other five children and his wife following. Barney shot Kmil Lieberman Octo- 1 her 23. in front of the latter's place of business, 1724 North Twenty fourth street. His defense was emo tional insanity. He had brooded over the fact that Lieberman laid sold him , a small business place for $450, his savings, and the place proved worth less. Proposed State Bond Law Is Prepared by Davis Dincoln, Dec. 21.-—{Special.) — At torney Genera Davis has about com pleted the redraft of the bond law that the hist legislature passed up to him as too big a task for it in its limited time. The attorney general has liad the advantage <>f having a draft of a bill that big bond com panies are anxious to have passed, in order to secure uniformity, but ho Is not inclined to accept all of their advice. He will eliminate the provi sions for a longer term bond Ilian is now permitted by law and also one permitting the payment of as much as 7 per cent interest. List of I. W. IX. Mouthers Seized in Spokane Raid Spokane, Dec. 21.—What they be lieve to be h list of members of the Industrial Workers* of the World In eastern Washington and Idaho was obtained by police liere when they seized a truckload of records, printed matter and other property in a room in a local lodging house. Carl Winkelman. declared to be a district organizer of tlie I. W. W., with three other men was arrested on a charge of criminal syndicalism and distributing I. W. W. propaganda matter. , Lived in Room 20 Years. Sherman. Tex.. Dec. 21. — A1 G. Bumbaugh. 67. and a bachelor, who died here recently, had lived in Slier man for 40 years and had lived in the room in which his death oc curred, at a local hotel, for 20 years. Out of Date and Broken Down Roads Lose Tax Injunction Suit Federal Judges Hold Railroads Should Have Appealed to •Supreme Court. Tho Burlington, Northwestern and Omaha railroads were refused injunc tions by federal court yesterday which would prevent county treasurers of Nebraska from collecting total amount of taxes levied on the property of these roads. The railroads, in their suit to en join the county treasurers and W. if. Osborne, Nebraska tax commis sioner, contended the valuation on their property was fixed at too high a figure; out of proportion with other Nebraska property. '■ Federal Judges Munger and Lewis held, however, that the state statute provides that taxpayers can appeal to the supreme court on such matters, and that the railroads should first have exhausted this means, before appealing to the federal court. ■'The state statute provides a prb codure for the taxpayers," said Judge Lewis. "If these questions are open, taxpayers can go into a court of equity and get Injunctions which would prevent the collection of mfin ey to carry on state institutions. In tills case, several hundred thousands of dollars which would be used for schools and other equally important institutions would be tied up, and uncollected. Musician Given Verdict in Alienation Mix-Up A jury in District Judge Begley's court yesterday afternoon brought in a verdict in favor of the defendant in I lie suit of Sam Oktin against Gilbert Jaffy of Randall s Royal orchestra. okun charged the musician with alienating tlie affections of his wife, Shirley, who attempted suicide sev- ! eral months ago. He sued Jaffy for $25,000. Jaffy is a minor and was repre sented in the case by bis guardian ad | litem, John W. Batttn, attorney. The j case was on trial for two days. Christina* Bring* Joy v to Portland's Only Leper Portland, Ore.. Dec. 21. — The Christmas season has been made cheerful for Frank Haggerty, 52, Portland's only leper, who is con- ‘ lined in an isolation building under | the supervision of the health depart 1 ment. A radio set, a phonograph, flowering plants, fruit, candy and j articles of clothing have been show- ■ ered upon him in response to an ap , peal Wife Proposed, Man Says. Pomeroy, U., Dec. 21.—Tlias his sec ond wife proposed marriage to him is the claim made by James Larkin. 77. suing for divorce. Larkin told the court that Mrs. Larkin set the date 1 several weeks shead of the date he "had in mind.” i.arkin was quite posi tive he did not want to wed again if given a divorce. Reductions Are Made in Freight Rates to Coast l\ew Schedule Covers Goods Manufactured in Omaha— Kxamples Cited of Benefits. General freight reductions on car load lots to Pacific coast, points were announced by tlio Union Pacific yes terday afternoon. All intermediate points, which have rates higher than the new Pacific coast rate, will be lowered to equal that rate. The new reduction covers much goods manufactured and made Ju Omaha, according to Frank W. Rob inson. freight traffic manager of the Union Pacific system. Similar reduc tions were announced from eastern points on westbound carload lots. The rates will be filed with the In terstate Commerce commission as soon as the new schedules can be printed, and will go into effect after 30 days from the date Of filing Manager Robinson cited the follow ing examples to show the amount of reduction per hundred pounds on Omaha made goods to the Pacific coast: Old Rate. New Rate. Soap . $1.33 $1.13 Canned Goods . 1,2ft .95 Drugs . 2.25 1.S9 Pneumatic Tires..... 3.30 2.25 Corn .64 .61 Commissioners Resignations Demanded in Stanton Countyt Stanton, Neb., Dee. 21.—(Special.)— Removal of bridges alleged to be un necessary purchased by county com missioners and demands for the re signation of the commosstoners and an audit of I he county's records are made in resolutions passed at a meeting of taxpayers of Stanton county. The brideg company told the taxpayers it would take hack bridges found un- j necessary. Bryan Will Let Code Heads Stay Secretaries May Hold Office Till Legislature Acts— But Two Resign. Lincoln. Dec. 21.—(Special.)—Gov ernor-elect Charles W. Bryan, in a long statement today explained lie does not want to disturb the business of the state and has held a conference' with the secretaries of the code de partments to tell them that all those who wish to remain until the views of the new legislature have been given may do so indefinitely. The secretaries told him they couldn't stay under those conditions. Leo Stuhr. secretary of the agrieul ture department, will retire January 4, leaving Chief Clerk J. W. Mayer in charge. Philip F. Bross, secretary of the finance department, will re tire January 4, leaving Chief Clerk Mrs. M. D. Butlpr in charge. Secretary George E. Johnson of the 1 department of public works, was out ( of the city, but ho will become secre tary of the state capitol commission. His assistant, George K. Leonard, will be in charge of the department. J. E. Hart, secretary of the depart ment of trade and commerce, will remain temporarily, but W. B. Young, one of Ills bureau chiefs, will resign January 4. Mrs. Fairchild, senior clerk, will re main in charge of the insurance bu reau. State Sheriff Gus Hyers will re main temporarily, but the governor elect says he must confine his activ ities within the state. Escaped Convict Caught. Stanton. Neb., Dec. 21.—Joe Lut ker, under arrest here on the charge of stealing firearms, has confessed, county authorities said yesterday, he is an escaped convict and that he is wanted by prison authorities of Huntsville. Tex., to complete a three year sentence on conviction of for gery. A telegram from Huntsville confirms Lutker'a alleged confession. Experience of Autoist at Hands of Bandits Rivals Movie Thriller Alva, Okl., Dec. 21. — Chief of | Police Grant Ferris left here at noon ' to investigate the scene of an al- j leged attempt to wreck a fast pas senger train on the Atchison, Topeka ; & Santa Fe railroad, the account of which rivalled the wildest movie thriller, in which three bandits, i angered at the interference of a way 1 farer, were declared to have bound the interloper to the rails and left him to die. The story was told to the chief by C. 11. Todd, a local carpenter, who ar rived on tlie tioln which it was be lieved the bandits were attempting to wreck. Chief Ferris quoted Todd as Haying that when his motor car 1 stalled near the track Tuesday night, , he went to sleep in the rear seat, ■ only to be awakened by three men who demanded to know his business. After learning his plight they depart ed down the track, the chief said Todd told him. .Soon the sound of hammering caused him to follow the trio and he found them attempting to remove a rail. Chief Ferris quoted Todd us saying he remonstrated with the men, whereupon they attacked him, took his pocketbook containing $6i) nnd tied him across the track. Then they left. Todd worked several minutes to free himself, according to the offi cer's account of the conversation, nnd managed to roll his body from the track Just as the train hove In night. Todd has lived here several years and is well known. Suspects in Denver Raid Seen Rancher Locales Armed Rand in Abandoned House hast of Greeley — Leave Place in Car. Woman Gives New Clue Denver, Dee. 21.—(By A. P.V— Police .uni peace officers "f northern Colorado tonight are engaged in an intensive man hunt for four men in an automobile suspected of being tho bandits who Monday morning shot and killed Charles T. Linton, federal reserve bank guard during a guu fight in front of tho mint here, m which they stole $200,1100 in currency and escaped. The man hunt started in the after noon when a report from Henry Fuqua, a farmer living about 20 miles east of Greeley, Colo., 50 miles north of here, was received that lie had encountered four heavily armed men in an abandoned house on his ranch property. Sheriff Hall of Greeley was notified by Fuqua, who in turn notified the Denver police department, asking for assistance. Sheriff Hall then, in company with six deputies and a slate ranger, started for the farm houso, while tho Denver police de partment's armored riot car, equip ped with machine guns, and two automobile loads of others and defec tives armed with sawed-off shotguns left for Greeley to join in the pur suit. Woman Gives Clue. A third automobile carrying several hundred rounds of ammunition and lunch for tho peace officers later was dispatched from the Denver head quarters. Hater in the afternoon Sheriff Hall reported to Denver by telephone that he laid arrived at the ranch house, but that the men had left. A few minutes later Mrs. Gus Downer, re siding just outside the northwest city limits of Greeley, reported from tho home of her brother-in-law, John Downer, that about 3:30 this after noon, while slio was sleeping, she was aroused by a knock at tne door. Answering the knock, she said a man who appenred to bo greatly ex cited, asked for a pan of warm water and sofne cotton, explaining that lio had a man in his car who had been hurt. Mrs. Downer told police offi cials in Greeley that she heard a motor ear, but that the view of it was obstructed by a shed behind which the car had stopped. <’ar Gets Indrr Way. She gave the man the pan of water and a roll of gauze which he took back to the car, the engine of which had been left running. A few minutes later, she said, slid was startled by tlie sound of t lie meshing gears on the car as it came into sight and sped away on the road that leads from Greeley to Fort Collins. Blie declared the car had the curtains drawn ami that tlie occupants of the car did not return the pan, but threw It out of tho car as it went by the house. Reports from Kuner, Colo., about six miles east of the farm were that a (Turn to r«Kf Twelve, Column Two.) House Committee Ends Daugherty Hearings Washington, Dec. 21.—(By A. P.)— Winding up Us public hearings on the Keller charges against Attorney Gen eral Daugherty, the house judiciary committee voted today to meet on January 4, to reach Its formal decision and began preparation of its report to tile house. The sessions today were taken up with the examination of officials ann employes of the Department of Jus tice in answer to a number of charges made against the attorney general by Kepresentativo Keller, republican, Minnesota. In announcing the con elusion of the case for the atorney general, Paul Howland, his personal counsel, stated that Mr. Daugherty had proferred "everything we have in relation to these mutters and pro duced ail of the documents that have been asked for.” Bill to Increase Pensions Bushed Through Congress Washington, Dec. 21.—A generous increase in Uncle Sant's pension allow - ances to civil and Mexican war sur vivors promises to bo a government Christmas present to the veterans and their widows. Legislative action was completed by congress on the Bursum bill to increase their pensions from {50 to $72 a month, and Senator Bur sum, republican. New Mexico, Friday hopes to rush the bill to the White House so that it may be signed by President Harding and become a law by Christmas day. The conference report on the bill after adoption by the house was hur ried through the house late today. The Weather Forecast. Friday fair; not much change in temperature. Hourly Tempera! tires. ft «• tn. . '!!> I |i. .. 4» ft a. in.. 3t I t )i. m.... , ,50 " ft- 111.-1— a p. m.53 ft e* st. . . .'lx t p. .. 5| 0 «• m. S« Up. . 4» 10 n. ni. 13 ti p. in.. 47 H a. m. .15 7 p. m.f-> IS nuun Ift , « p. in.13