The Morning Bee MORNIN G—E V E N I N G—S U N D A Y THE BE* PrBUBHTNO CO. Publish*!-. MEMBER OF THE ASSOCIATED PRESS The Associated Press, of which The Bee is a member. Is eselusieelf entitled to the use for repilhllcatlon of all newt dispatches credited to It or not otherwise credited in thie paper, end also the local news published herein. All rights of ^publication of our special dispatches are alia reserved. BEE TELEPHONES Private Branch Exchange. Ask for the Department gx Untie or Perton Wanted. For Night Calls After 10 P. M.i i fiAA Editorial Department. AT lantic 1021 or AT. 1042. OFFICES Main Office—17th and Farnam Council Bluffa—15 Scott St S. Side. N. W. Cor. 24th and N. New York—World Bldg. Detroit—Ford Bldg. Chicago—Tribune Bldg. Kansas City—Bryant Bid*. St Louis—Syndi. Trust Bldg. x>a Angelas—Higgins Bldg. San Francisco— Hnllrook Bldg. Atlanta—Atlanta Truat Bid* FREE SPEECH AND FREE COURTS. Application has been made to President Coolidge for pardon for Charles L. Craig, who has been sen tenced to jail for contempt of court. The incident grows out of the appointment of a receiver for the Brooklyn Rapid Transit Railway company. Judge Julius M. Mayer, then on the federal district bench, appointed the receiver, ignoring the request of Craig, who, as comptroller of the city of New York, asked that the public interests be considered, as the people have a direct concern by reason of ownership. Comptroller Craig wrote to Lewis Nixon, then public service commissioner of New York, rather caustically criticizing the action of the court. This was in October, 1919. In February, 1921, Judge Mayer sentenced Craig to serve 60 days in jail be cause of his offense, holding him guilty of contempt. Craig sought escape by habeas corpus, and the case has gone on through the several courts until finally a few days ago the supreme court of the Unit ed States found him guilty, but rests the decision on a technicality. Craig is a lawyer, and as such an officer of the court. His conduct is held to be worthy of punishment, because as a lawyer he should have upheld rather than condemned the judgment of the court. > Two vital, fundamental elements enter here. Craig felt that he had the ordinary right of free speech. As a public official, trying to protect the interests of the people, he felt justified In his stric tures on the court, however severe they might have been. On the other hand, the character of the court must be. preserved from calumny, and unwarranted1 criticism may at times be slanderous. Yet beyond even these is the graver question as to whether a man should be punished when he mere ly has made a mistake as to his legal rights. In this case the technical point is that Craig appealed to a single federal judge for a writ of habeas corpus, when he should have appealed to the full bench. Having lost on that point, he is prevented from getting a hearing on the merits of his case. As in the case of Frank, who was convicted at Atlanta, the question of guilt or innocence does not enter, merely the turn of the court’s rules. Justice Holmes, discussing the case says: “I think that the sentence from which the peti tioner seeks relief was more than an abuse of power. I think it should be held wholly void. I think, in the first place, that there was no matter pending before the court In the sense that It must be to make this kind of contempt possible. It Is not enough that somebody may hereafter move to have something done. There was nothing then awaiting decision when the petitioner’s letter was published.’’ How will this all appeal to the lay mind? Will it not seem as if a man’s liberty is worthy of more con sideration than the preservation of the court's rules? Both are important, for the dignity of the courts must be preserved, and citizens are not to be de prived of liberty on less than due process of law. Free speech Is just as vital to Americans as is an in dependent, untrammeled judiciary. How are we to have both? JOHNSON HITS A POPULAR NOTE. ‘‘If the constitution prohibits such laws—child labor and minimum wage for women—then the con stitution must be amended.” Thus plank in Senator Johnson’s platform will get commendation from a large number of people, who were sorely disappointed by the supreme court de cision that knocked out the child labor law. No amount of sophistical reasoning will convince the average American that the institution of child labor, which amounts in many instances to literal slavery, should not be abolished. Campaigns to this end were waged long and earnestly, and finally a law was en acted that was thought workable. It was declared unconstitutional, and another was passed, only to meet the same obstacle. This has aroused friends of the measure to a point where they are ready, if necessary, to set about the agitation that must precede the amendment of the constitution. Such a course Is about the only way open to secure proper regulation of child labor, because the latest decision of the supreme court practically closes all other doors. The agitation has begun, without waiting for any presidential pros pect to adopt the proposition as a part of his pro gram. However, none of those who are concerned in the movement will eeriously object if one or all of the possible nominees will take up the fight. Economic conditions in the United States will permit, and, Indeed did permit, prosperity without calling on the children to give up their childhood to become machine tenders or Industrial drudges. Most Americans want the boys and glrla to have their Immature years untouched by toil, and Hiram Johnson will find a generous echo to that part of his statement of principles which pledges him to the wiping out of the blot of child labor, even If It be necessary to amend the constitution. WOMEN HAVE WISE ONES GUESSING. British election canvassers complain that the wo men over there are not divulging how they intend to vote at the election on December 6. Nothing especially novel about that, for something of the tame sort was experienced here when the women Irst got the vote. It is a good sign, too. Men kept the ladies guessing for many yeare as to whether they were going to get the franchise, and it is only right that now the men should be kept In the dark as to what the fair ones are going to do on election day. * One thing has been pretty well proven In this country. Women do not vote for the best looking candidate, as Some suggested they might. In practic ally every instance where it has been determined that the women actually did control tha outcome of an election there was found a very good reason for thalr voting as they did, and their choice has In every Instance been a worthy one. England will find out as did America, that if wo man can not clean the muddy pool of politics, she tan at least examine into the merits of candidates and issues, and then decide for herself how she will vote. If this Introduces an element of uncer tainty Into the game, It Is well, for an election ought not to be settled ,untll the votes are counted. PRIVATE MARRIAGE PUBLIC BUSINESS. Dr. Merrill Brawn’s discourse on the Nebraska marriage law only goes part way to the root of the matter. In giving his approval to the statute, the preacher considered merely the single point of the state’s right to regulate conditions preliminary to entering upon the marriage relation. That certain definite statements are required by the state of Ne braska from persons who plan on being married is taken by many to be an invasion of their personal rights. For this reason they sojourn over the border of the state in region* where such inquiry is aot made. In doing this the parties interested are doubtless within their rights, and consequently are not sub ject to criticism on that score. But the purpose of the law i* not to lay hardship on any, but to fur ther safeguard the institution of marriage, the per petuation of the home, on which finally all society rests. Compliance with the law asks only such ques tions as may be answered without embarrassment by any, and in candor. It is but part of the great ef fort that is being made to get together what is summed up lit the general term of vital statistics. No phase of our government has been more lax than this, because Americans have heretofore regarded any effort to obtain this information as an invasion of the sacred region of home life, into which the prying eye of the government has no right to in trude. Instead of this being an intrusion, it is for the benefit of all. Much of this knowledge is needed in the combat against disease. Science of healing lags in many respects for lack of exact information on which to rest conclusions. It Is useless to undertake to determine whether any progress is being made against a certain disease unless accurate knowledge of the number of cases and deaths from that disease is at hand, and this accurate knowledge is only pos sible when the facts are on record. Statistics of births and deaths are quite as Important as are those of marriage and the antecedents of those who get married are sought In order to make the records more complete and trustworthy. If Iowa’s laws do not compel investigation in the matter of marriage this is no reason for condemna tion of the Nebraska law. When people understand that only good purpose is behind these laws, they will be less reluctant to comply with them. To say It is nobody’s business but my own is not an an swer. for it was long ago established that each is re sponsible to all for a share In maintaining the gen eral welfare. _ ■>. jfy MR. Hc.Kdnc.1 .jUGH. M. S. Hershey, the millionaire candymaker, is welcomed to the honor roll of philanthropists. Not the ranks of those who dole out charity, mind you, but to the ranks of those who contribute in a practical way to the future of America’s citizenship. Himself a poor boy and compelled to fight his way upward against discouraging odds, and denied the wonderful privilege of parenthood, Mr. Hershey has turned over his immense fortune to the orphans, first of Pennsyl vania, and next of all the republic. Nor is he estab lishing a mere orphans’ home. He is establishing a great school where boys and girls deprived of the guiding care of fathers and mothers may not only find a home but will be educated and trained for useful citizenship. They will not be classed as de pendent wards that must be cared for in order to protect society, but will be classed as real assets of the country to be safeguarded and developed for the country’s future good. In time a stately shaft of bronze and marble may mark the last resting place of Mr. Hershey. But no matter how high that shaft, nor how enduring its materials, it will be neither so high nor so enduring as the monuments he has erected for himself in the minds and hearts of untold thousands of America's future citizens. A Chicago man hanged s dog because its barking annoyed him. He has been arrested. A proper sentence would be to give him a small dose of what he gave the dog. Not a fatal dose, of course, but one that would impress a few important facts upon what little mind he has. Judge Deneen's Monday morning reception ought to be carefully noted by any who have an inclina tion to step on it. Omaha’s streets are not speed ways. The precision with which the bandits pick their victims is likely to cause distaste for display of precious stones in jewelry hereabouts. If it be true that Maybelle Oilman Corey retained 15,000,000 of her ex-husband’s fortune, then it may be safely said that she earned It. Judge Sears is entitled to credit for ordinary cau tion at least, in preferring a Pullman to an airplane for his trip to Washington. A new novel entitled "Bunk” sounds like an in fringement on a lot of novels we have tried to read during the last few months. • -- . ■ »i . The presidential turkey was purchased by the president this year, which may also set a precedent for future holidays. Aftsr facing another crisis or two perhaps Ger mans will be able to walk right up to one and smile in its face. If you have any thanks left over today, nend a few to the weather man for his part in the per formance. Hi Johnson has sounded his keynote. Pitched, of course, in the treble cleff. Tha klan still makes the front page. Homespun Verse —By Omaha’S Own Port— Robert Worthington Davie WHEN LITTLE WILLIE DIED. The checkered coat !■ hanging where hla mother hung It then, The t>attere<1 toys are lying In the garret dust arrayed. The dolls seem sad and lonely, and the little soldier men Bland ever at atlenton In the room where Wllllo played. The tiny mittens, cozy and so daintily designed. Bear traces of those hands which filled them perfectly of yore. And somehow seem to ssk me with the power of a mind Why Willie doesn't wear them In the winter any more. The children pause In silence at the corner of the etVeet. And aolemnly hehold the house wlirs W’lllle did reside: The voice that used to greet them with eager call* and sweet— The smiles that used to cheer them were gone when Willie died. 4 “The People's Voice" Editorial* from reader* of Tb* Morn ing lire. H^adar* of Tha Morning Be© are invJted to u*$ thl* column fretly for *kpr©**ion on matter* of public interest. Asks Proof of Evolution. Denison. Ia.—To the Editor of The Omaha Bee: For the post few years I have been Interested In the articles that have appeared time and again in your "People's Voice," especially those which refer to the Bible and kindred subjects. I have heard of those who did not believe In the Bihle as the very Word of Clod; and also those who believed that it was the foundation of all truth, the Inspired revelation of God's plan of redemp tion for mankind. Bnmetlmea 1 have had a hearty laugh at the utter un reasonableness of some of the argu ments, and again my heart has ached to see the ignorance of others In talk ing or writing about a subject they are so unacquainted with. It was H. P. Tregelles, the only man ever pen sloned by the British government for scholarship, who said: "Inaccurate scholarship has often detracted from1 the usefulness of the labors of those who have tried, and In a great part successfully, to defend and uphold the authority of the Scriptures against objectors." In this evening'* column I notice a letter under the caption: "In Reply to Mr. Otis," In which the writer ap pears to discredit the Bible In Its ac count of the creation of the earth and man. I wonder whether the writer has really given the account a word study? Sometimes I think that If people would look Into these things for themselves rather than to take the word of some critic, (I care not whether he by layman or clergyman) they .would find that the real source of wrong Is not In the Word of God, but In the human heart. The only place In the New Testament where the term critic is found Is in Hebrews 4:12, where we read that the Word of God is "a dlscerner (critic) of the thoughts and intents of each heart.” I believe that If we would allow the Word of Gofl to criticise our thoughts and actions more, we would have less time to criticise the Word of Ood. Now! Will the writer please give the world the proof that he seems to have (for I cannot believe that a man would send a letter to a publio paper as serting . certain things concerning creation without being able to back his argument), and In so doing, will he please produce the proof, not In sesquipedalian word* for> Imaginary creature* that never existed, hut In facte? In the parlance of the street, will he please "Put up or shut up?” There are various sums being of fered for Just one single proof that will forever establish the now present theory of evolution as a fact, but so far not one single person, scientist or embryo evolutionist, has stepped for ward to claim such prizes. Our friend say*, apparently without any qualms of conscience: "For that rmtter. all vertebrates evolved from the sjfme source." Will he pleas* prove this? I do not want, any unnecessary argu ment of words, but facts! In deny ing the truth of the Bible account, the burden of proof does not rest upon those who believe It thoroughly, hut upon those who reject It. There Is any amount of money for you, my friend. If you can prove that your ancestry goes back any further than the Mosaic account, or that It origin ated In any other way than a direct act of creation on the part of God. REV. WILLIAM II. ROBINS, First Baptist Church. Street Car Topics. Omaha.—To the Kditor of Tho Omaha Bee: Having read several copies of "Street Car Topics" we are prompted to ask tills question: The state railway comtnlaalon haa con ceded that 7 per cent la a fair return on the investment of the Omaha & Council Bluffs Street Railway com pany. If said comrv.tsuion were as literal In Its estimate of the value of said property as the rate of Interest, the whole report might be subject to question. Admitting for the sake of argu ment that the property is worth 113. (00,000, let us consider the Income feature .Millions of people wh* In vested In government bonds did not question 4*» per cent being a fair re turn, and while many could not well afford to carry them sold st g sharp discount, others are still holding them and are seemingly satisfied with the return. They are now being bought by large Investors armffid par: they evidently are satisfied with the return. We are getting 3 per cent from Great Britain, and after 10 years we ars to have 3'4 for 42 year*. W# wonder why th# street car com pany Is entitled to twice as much. Can some one tell us? Again, let tis see what money Is earning In some other lines of business. Ten of the largest, life Insurance companies, hiv ing Investments aggregating over *6.000,000,000. have during the past five years realised a little less than 5 per cent: out of this they have had to pay during this period, In taxes, over 1111,500.000, and have had mors than a billion dollars of expenses Why should the street car company have fully twice the net return to the policy holders? What kind of dollars did they invest? Was any part of It stock dividends, or was It all from the sale of bonde? How much money has ever been Invested outside of the two foregoing clasees? The main question Is: Why sr# the) entitled to 7 per cent return clear of tsxea and expenses? Having secured such a verdict from such a high authority as the state railway com mission, we sre being Increased with the evident Intent of a move to In nut It shall come t» PM*, ' >'*• -V *’ nine tlms It shall ha light. ?.ech 14.7. We speak to Thse. O l*>rd, our Father, not as aliens and strangers, but as children of the household. Thou hast given unto u* many and price less tokens of Thy favor. Ue have felt the touch of Thy hand upon our head and the Joy of Thy benediction In our heart. Cause Thy face to shine upon the dark places through which we may be called to p*M tni* day and may th# clouds be lifted; or. If the darkness be better for us no cording to Thy wisdom and Thy will, ihen tie Thy promises a glorious beacon and Thy fidelity a star, and may »« be made to feel that It Is better to hold on to Thy hand In the dark than to walk (lone In the light If we are not nil Aiat Thou dost Intend u* to tie; If we arn not In harmony with Thee; If we want for ourselves, and not for others; If our service he the hollow service of habit nr th* shallow service of display, show ns how we are disappointing Thee, and starving ourselves, and robbing nur fellows anil putting far off the one divine event toward which the whole cren tlon moves. Ihe kingdom of God In human hearts and the union of man In th* bonds of righteousness and peace. Kspedally regard Ilia unsav ed. Those who touch us on every side. Whose hearts are kept back from Thee. Msy our lives be so clean and so true that God's cause may ever have s witness and an evangel In the Influence we dally exert Allien, JOHN H Wtl.KY PH » , g.T.D, Piltstiursh. 1's. 1 Twin Shares (A 'Thanksgiving Thought.) You may fit in a round hole, my neighbor, I may tit In a square one, but say: Just for what—except life—shall we peglets Joint Thanksgiving acknowledge ment pay? Countless gold may be yours, if you've earned it, Or received It as legacy free, But we Joy In our halves, don't wt>, neighbor. Of the sun and the stars and the sea? All the land may be yours that you've purchased Or inherited, being an heir; But we both—In equal proportion— Claim the wonderful weather and air. We can give what we have and that only. Do you use to the beat of your might All your land and your gold? Do our talents, DoeR Nature, through us, fight for right? We were born for a definite purpose. In our freed from care moments of bliss Oft we ask: "Have I come to the kingdom For such time, for such service as this?" 'Tts declared In His book called the Bible That "my God shall supply all your need." And, "according," It says, “to His riches In glory by Jesus." Indeed. Then, If He wants a thing done by yourself. Or If he wanta a thing done by me, He will fully equip us, provided We. His workmen, In willingness be. If He wants not that thing done by yourself, If He wants not that thing done by me. He will see that It's done hy some other Meek disciple of His ministry. Moth and rust may corrupt our pos sessions, Thieves may break In and steal what Vve buy. But, according to His wealth In glory. God, by Christ, all our needs shall supply. Oh, the land and the gold may be your share, But how sweet It Is, neighbor, to know That our twin shares Include glad Thanksgiving For all things that we need here below. —Alta Wrenwick Brown. crease fares or something equivalent In order to keep the company out of the hands of a receiver, while virtual ly admitting that the company is earning nearly 5 per cent. The item termed deficit merely represents the extra 2 per cent. It looks like the company was now making more money than the average business, and as a going institution has a prospect of continuing for a thousand years, aa the city and the people will probably be here for many generations. It Is & wonder where this eorr/mls slon got Its wonderful prerogative, whence comes this mandatory power, that they can decree one corporation's dollars of double value, and. What is more wonderful, why will the people stand for such a ruling and offer no pretest. In mere self defense It would be better for the people to buy the ] property on a bond Issue at 4 4 or 5 per cent, for the extra 2 per cent, compounded, would pay out in 36 years. J. T. DA I I.K Y. Mr. Endra and the I^aw. Omaha—To the Editor of The Omaha Bee: It seems that the law aa found In the statute reads that It ia unlawful for any person, partnership , or corporation 1° sell, keep for aale or give away any cigars, tobacco, cigar- * eta or clgaret material. 1 atil! contend that I do not violate any law. for the reaeon that I am taking orders for the men bark in the tiers once or twice a week, then go out and buy this mer- ‘ chanrtise and give them the goods at 1 cost price. However, there are cer tain cases at times where men have no funds to buy tobacco, which I have in the past supplied free of cost. If this Is a violation of law. which 1 un derstand Is true, I am guilty of the charge, as I cannot under any circum stances allow tobacco In tny form to be brought Into the Jail, on account of narcotics being passed In In that way. These men without funds, have no other way of obtaining tobacco ex cept as I give It to them. 1 have been told that the above law would not apply In my case, but it cannot be amended at This time, so rather than have these poor unfortunates In tny charge go*wlthout tobacco, I atn wtll ing to pay the city of Omaha or the school district, J25 for the privilege of giving away my goods This per haps sounds too charitable to some people, but If they had to look nfter these men I believe they would do the same thlhg I ant realty surprised that the Ho of Omaha and the school district have been deprived of this. 125 tax Tor so many years or In fact ever since this jail has been in existence. If, how ever. the city clerk sees fit to make me the goat. I am a good sport and willing to take mV medicine. I received a letter from the attor ney general this morning In which he snva: "I understand that this is a custom which ha* grown up. but we know of no legal obligation upon the sheriff to perform such an act. The statute la very plain that every peraon selling or giving away to tiacco muats have a license and teeh nlcally speaking. 1 presume that It would be necessary for you to have a license. M. U ENURES. Center Shots There seems to tie a growing hellef that the constitution guarantees every man the Inalienable right to hold a public Job.— Sprlngtleld News. When two fat women pass on the street, each bsiks at the other and wonders If she ever will took like that—Ihitnth Herald. They think outdoor life Is making girls taller. We think It la standing up In street curs —Watertown Stand ji rd. NET AVERAGE CIRCULATION for October, 1923, of THE OMAHA BEE Daily.72,205 Sunday.76,995 Doss not Inehids return*, left ovrm, nsmplss nr papers spoiled tr printing and include* or epeciai j sslea. B. BREWER, Gen. Mgr. V. A. BRIDGE, Cir. Mgr. Subscribed and sworn to halar# ms this Bth