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About The Omaha morning bee. (Omaha [Neb.]) 1922-1927 | View Entire Issue (Dec. 6, 1923)
The Omaha N.< >rning Bee VOL. 63—NO. 148. t ZJSSU*&£ ‘im'S OMAHA, THURSDAY, DECEMBER 6, 1923. « g^" & rj?'V.Z’&*5Minwn'&% ZT& TWO CENTS » Says Vajgrt Made Threat on Brother Lana Tells of Visit With Ac cused Slayer of Farm hand in Jail at Seward. State Rests Its Case By R. II. PETERS. Seward, Neh. Dec. 5.—Tonight the alate rested its case in the trial of -VTr. and Mrs. Adolph Vajgrt and their daughter, Alby, who are jointly charged with first degree murder. Announcement that the prosecution had completed its case followed a heated argument between defending and prosecuting attorneys over the •dmissabillty of the testimony of sMfro'8- Glen Pendell, the state’s female detectives, and the decision of the prosecution to keep Mrs. Pendell off the stand concluded its long list of witnesses. The greater part of the afternoon was taken up with the testimony of Jerry I.ana, brother of the dead man, who paid the Vajgrt family several visits after the mother, father and daughter had been placed In the coun ty jail. Quotes Father of Girt He caused a mild sensation when he told the court that Adolph Vajgrt declared that “that cripple,” refer ring to Tony Lana, wasn't even worth being shot, but hts testimony was discounted in cross examination when the defense chief counsel got him to admit that none of the Vajgrts had ever stated in his presence who had actually killed Lana. After testifying that he had gone to the county jail and been greeted by Vajgrt as a friend, Lana was in structed by Deputy County Attorney C. F. Barth to teii the jury what Adolph said. “Well, he said to me, he was a bad thing, meaning my brother," tha s»it ness said. "When he told me that I ■aid. ‘Why didn't you have my brother arrested if you thought that.’ He didn't answer me, but started to % walk about the room. Told of Threat. “What else did he say,” Barth urged. "He told tne that my brother had threatened him, and that he had first thought ho was a good man and ^Bffuld not have carried on so with the girl. Then he walked around awhile, and at last sat down and said, 'Jerry, we did wrong’.” "Did he say who did wrong?” Barth iisked. “No. sir, lie didn't,” Iana replied. "Did Adolph tell you that your brother had any gold?" "V«s, he said he had a package about six inches long of gold money.” "How large were the gold pieces?" “I don’t know.” “Where did your brother keep his money?” “Adolph told me that Tony kept It hid In his shoes and in his overcoat.” "Was anything said about who was ♦ o take the blame for the killing?” Barth asked. "He said that Mrs. Vajgrt agreed to take the blame and that she would take everything upon herself." Brother nn Stand. Lana testified that he had also seen Mrs. Vajgrt and Alby at the jail and that Alby told him ahe did not like Tony, "because he was so queer." Mrs. Vajgrt, he said, in reply to his statement that Tony was all beat up, declared that she did it; she hit him with a plank and choked him. On cross-examination, I-ana said that he'had been told by Jagrt that Trgiy "used her," referring to 15 year-old' Alby, "from the age of 11 and used chloroform." Neither the state nor the defense was able to elicit any further statements from him that would throw more light on L th^ use, of chloroform by the farm Nt^yid. the witness doggedly adhering to his first declaration. Lana dis missed, the state called E. H. Koch, county 'superintendent, to the stand. Koch produced a census record of the district which Includes the little Vajgrt farm, to show that Alby had been born February 7, 1908, An at tam'd by the stale to ahow through Koch that Alby had been a bright girl in school was blocked by the de fense, Its objection to the introduc tion of school records being sustained by Judge Corcoran. During the morning session of the court, the defense lost its fight to keep the confessions made by Alby and her father from the records but the defeat was lessened by Judge Corcoran's statement that It was for the Jury to decide if the statements contained In the confessions were voluntary, and If they were found to'be otherwise to disregard the confessions. Corcoran Testimony .Supported. For the defense Mrs. I. N. Scott, wife of thp county sheriff, testified that Constable George F. Runty had threatened Vajgrt and swore at him until he had been reduced to such a nervous condition that she had call ed the doctor to attend him. Her testimony was confirmed by the next wdtness, Cloyd Delett. and Inmate of the county Jail when Vajgrt Was s prisoner there. Delett said that Runty had threat ened to turn Vajgrt over to the Mil ford gang If the Bohemian would not admit that he had shot La ns. "Whut was Vajgrt’s edhdltlon at the lime?” Attorney Thomas asked. I didn’t think he was In his right ind," Hie witness rspltnd. "He would hold up his hands and pray io God that he didn’t do this." The confession, which art now a Congress to Shnn “Do Nothing” Policy as Busy Session Is Ahe0-1 Insurgents' Demand for Deliberation and Debate on ny'' Rules Held Inexpedient in View of Pressing 'v Business and Insufficient Time—Big Issues to Swamp Senate. By MARK SL'LUVAN. Washington, Dec. 6.—No legislative question ever more truly represented an/ honest difference of conviction than the one which has characterized the opening of congress. It is true, the regular republicans are looking to the presidential and congressional elections next year. They know there is an immense mass of work ahead, and they want to avoid making the record of "do nothing” congress. Kverybody admits this is a legitimate purpose. But the regular republicans have a further purpose even more legiti mate. It is the purpose of accepting the inevitable necessity Inherent In the fact that the lower house con sists of 435 men, and that, because of this, there must be a certain de gree of centralization of power and of limitation of debate if congress is to function at all. On this the regular democrats are as convinced as the regular republl cans, for the democrats fully believe that with the next elections they will be In control of the house, and when their turn comes they too want to be in a position to avoid the odium of a “do nothing" congress. Rules Open to Debate. The insurgent republicans are equally honest. Their demands, through the spokesman of one of them, is “that congress be made a truly deliberative and debating body.” But the question Is: “Can 435 men be a truly deliberative and debating body?" The immediate ob jective of the Insurgents has been that the question of adopting the rules of the house be open to debate. Everybody concedes this to be a legitimate objective. But the very purpose of asking for a debate on the rules Is among other things to change those rules so that every other future question that comes up shall be more open to debate and amend (Turn to Page Three, Celnam Three) part of the record, are conflicting. That of Mrs. Vajgrt declares that she went out to the straw shed with her daughter, Alby, and that they were met by Lana with a gun. She em phatically denies that her husband was present until Lana was stretched lifeless on the straw floor. Alby's confession supports that of her mother In denying the presence of the father during the struggle, but the father's two statements say that he met Lana running from the shed and knocked him back with a plank. His second confession goes still fur ther and says that some one put a shotgun In his hands and that It went off, tearing the hole in Lana’s chest from which death was In staneous. Attorneys for the defense stated to night that they were hopeful of the case being given to the Jury within two days. One of their first witnesses will be the girl, Alby, whose betrayal by Lana Is alleged to the motive for the attack made upon him. The state hae, as theresult of the week In which it has been call.ng witnesses, confessions from Vajgrt and Alby, the voluntary character of which Is dubious, and a confession made by Mrs. Vagrt, which was al lowed by the defense without objec tion. A money motive for the murder of Lana, which was Intimated In the opening address of County Attorney McKilllp, has been touched on by statements that Anton was known to have some gold, but that gold was the ruling passion that raused the mad struggle In the straw shed on the morning of October 8, a strug gle In which Lana was twice shot and battered with a plank, was not proved. Accounts Counter. It has been shown that Lana threatened the Vagjrts with violence and even announced his Intentions of killing the family to a neighbor, who dissuaded him. The feature tes timony to date has been that of Sher iff Scott, who confounded the state, which had called him as a witness, by emphatically denying that Con stable Itunty had refrained from third degree methods In getting a confes sion from Vajgrt. Omaha Firm Purchases Beatrice School Bonds Beatrice, Neb., Dec. 6.—Seven bond brokers and trust companies were represented at the sale of bonds of the Beatrice school district, and the issue of $400,000 for the construction of a new high school building sold at a premium of $8,600 to the United States Trust company of Omaha. Man and Wife Sent to Jail Plead Guilty to Robbery of Mails at Grand Island. A man and wife were separated In federal court for the first time In IS years. They kissed eoch other as they were being led to different cells in the county jail. They are Mr. and Mrs. Harry E. Brown of Grand Island, both charged with theft of government mall. They pleaded guilty before Federal Judge Woodrough, after being In jail since last July, and were sentenced to one year and a day. Brown, who was a railroad messen ger, had systematically stolen mer chandise from the mails during the period of about a year. The merchandise consisted of ma chinery, revolvers, foodstuffs and hardware. Government poetal Inspec tors say the Browns stole most of their loot at night, with the aid of an automoblla. More Owners of ‘Oldest’ Bibles Enter the Lists Grand Island, Neb.. Dec. 5.—Since the publication In The Omaha Bee a few days ago of pictures of a Bible printed In 1*65. In Germany, and now In the possession of a Mr. Flaher. The Dally* Independent of this city has been advised of the possession, by William Neth of St. l.ibory. Howard county, of a German print of holy writ that wa* made In 157*, nearly 100 years earlier. This fact had no sooner been published when F. W. Black, operator for the Burlington, reported the possession by his brother, C. O. Young of Belvldere, Neb , of an English Bible printed In 1849. Phone Company Allowed to Increase Dividends I.incoln. Dec. 6.—The state railway commission Wednesday granted the Gage County Telephone company permission to raise Its dividend rates from 7 to 8 per cent. The company operates tn Blue Springs and the sur rounding territory. The capital stock of the company Is $15,000, on which 7 per cent divi dends would be $1,050 a year, while S per cent would be $1,200. No valua tion has ever been fixed by the com mission on the plant at Blue Springs. a SUNNY SIDE UP T)e*pair 6t «v*r being wealthy or successful. Simply can not keep my desk clean. Called on a dozen succeae ful business men yesterday and In each case found hla desk free of every thing but the blotting pad. Ink well and clgaret tray. The only way I can keep my desk clean Is to tip it over about every other day. and then let the Janitor aweep out. Over the public library yesterday *o find a verse. Woman In charge walked right over to the shelf and got the book I wanted. Usually It takes me 20 mlnutee to find the office shears, and the pastepot le never In sight. Wish I could learn that II brarlan's system. Often wonder If X am the only man who carefully files away a lot of very Important documents In an Ineide coat pocket, keeps them there until the pocket is full, then sorts them all out In an endeavor to ascertain why they were pocketed and winds up by throw ing the whole batch away. Referring back to the public library, when I found my public library in the old home town I'll provide one com fortable room where those of us who like to smoke can do eo In peace. Hmoklng surely cannot annoy tha average library patron any more than I am annoyed by watching with fas rtnatlon the Jaw movement of gum chewers and trying to read at the same time. Rtreet Intersection all torn lip, leav Ing only a narrow passage for auto mobiles. Driver of s rickety vehicle drawn by a decrepit mule becomes confused Dozen automobile drivers frantloally honking horn*. Mult ho comes excited and obdurate. No traf fic cop at Intersection. Automobile driver Jumps from car and leads excited mule past the obstruction. "Much obliged, boee,” cried the driv er, white teeth gleaming. "Don't men tion It, old top." fold the driver. And In no time at all traffic Is again flow ing unimpeded. Gradually becoming acclimated. Worked the automatic elevator for the first time last night. Haven't nar rowly escaped being hit hy »n auto mobile for 36 hours. Will feal per fectly at home Just as goon as I can hand a newsboy a nickel for a paper and wait for the three pennies change without blushing. J Knew Him When club growing. Met Frank lturkley, and waa re minded of the old days when a note front Frank would enable me to go clear across Nehraska and hark with out putting up a nickel except for meals. At the same time waa remind ed of the beginning of an old eong: "Gone are the Days—." If Robert Rlngllng la as good a singer aa hie father waa a circus man, all I got to aay la that I am going to have a vocal treat tomorrow af ternoon. Henry Field, president of the Field Heed company of Hhenandoah, Is., promises me s regt trest New Year's day. Ills bunch of singers and musicians will give s program of old songs arid music over WOAW lie endear* himself to ms by promising to bar Jayy. grand npeia and reference to any fruit shortage Henry will nut lie able to hear me applnuillna. but ru be splitting my palms, just the same W. U. U. 6 Ca«p County . lents s'" Quashed Prosecutor and Chilton Dis charged — Five Other} Granted Jury Trials of Abatement Pleas. Suspension Is Sustained H|xriy Dispatch to The Omaha Bqe. Plattsmouth, Neb., Dec. 5.—Pleas for abatement entered yesterday by five defendants, charged In Indict ments returned by the Cass county grand jury, were awarded Jury trials by District Judge F. W. Button and hearing set for Monday, after indict ments sgalnst A. George Cole, coun ty prosecuting attorney, and J. W. Chilton had been dismissed by court decision. The five defendant! are: A. Jones, chief of police: Sheriff Quinton of Cass county, 'William Grebe, Mrs. Kaufman and C. W. Holt. Ths Indictment against Cole, was quashed when the court upheld a demurrer to the Indictment filed this morning by Cole. Cole, however, will not be permitted to prosecute the re mainder of the Indictments returned by the last grand Jury. “In making this ruling,” said the Judge, "I feel It my duty to make this statement. Having gone oyer Judge J. T. Begley's affidavit, I believe that Cole is not the man to prosecute the remainder of these charges. Judge Begley states that Cole was unwilling to force or further Indictments against these men. and he is not. it seems to me, the man to prosecute these cases.” Judge Begley Is ths regular district judge for Cass county. Judge Button Is sitting on the Indictment hearings by invitation. Chilton Case Dismissed. Next came the case of J. W. Chil ton, charged with defrauding Calvin E. Williams of certain goods. This indictment, too, was dismissed on de murrer. The Indictment charged that Chil ton purchased m quantity of merchan dise from Williams, giving him two checks, one for |SOO and another for 1103.09. When Williams attempted to rash the checks at a hank In Murray, Neb., he found that pay ment had been stopped; it is alleged, and he was unable to recover either his money or his merchandise. Demurrers Withdrawn. The demurrer to the Indictment set forth the fact that It was not alleged ths goods had any value. The place for the value of the goods was left blank, which the defense Interpreted to mean that they had no value what ever. Judge Button found the demur rer good, upheld it, and dismissed the case. W. E. Thompson, representing the state attorney general's office, who Is aiding In the prosecution, then moved that similar paragraphs In the indictments against C. C. Par mele and Carl Frlcke be stricken out. The court approved the motion, and demurrers in these cases wers forth with withdrawn. All entered pleas In abatement, ex cept County Attorney A. George Cole, who filed a demurrer, alleging that under the statutes It was necessary that he be accused of committing a crime before he could be removed from office, and also pleading a defec tive indictment. He declared that the Indictment did not specifically charge "willful” ne glect of duty, as provided by statute to be charged in auch cases. Decision Reserved. Judge F. W. Button reserved de cision on the demurrer. D. O. Dwyer, special prosecutor ap pointed by the court, advised the Judge, when the case of J. W. ChHton. charged with mlsappreprlatlon of funds, was called, that he was not aware that a plea in abatement had been filed, and asked to be permitted to file an answer later In the day. County Attorney Cole Jumped to hi* feet and shouted: “This man has not been appointed and ha* no right to appear as prosecutor before this court. I iitn county attorney." The judge ruled In favor of Dwyer and announced that until further no tice Dwyer will act a* prosecuting attorney. He Is being assisted by W. E. Thompson, representing the of fice of the state attorney general. The Judge granted Mr. Dwyer time th file an answer to Chilton's plea in abatement, and they case of Carl Frlcke, charged In two Indictments, containing il counts, with embexxle | ment, was called. Answer to ths plen ' In abatement already filed will he filed by the prosecution this after noon. Attorneys for the defense de mended trial Viy Jury on the abnte l ment plea. Dix Patrons Must Solve Phone Case Before Jan. I Lincoln, Dec. Rw—Patron* of the Farmer* Telephone company at the little town of Dix in Kimball county, and Harry T. Mead, owner of the ex change, will have to reach an agree merit for the continuance of the ex change before January 1, on a beat* that will return a profit, or the ex change will be ordered dlacontlnued by the »t*t* rut I wav com ml anion, |i waa announced here today The eommleeloyi admit* the I noon trenlence to which the people of the community Will he put tf the exchange t* cloned, but declare* that the owner cnarmt h* compelled tn continue lit opsrsUQA xt a loss saeb moot* What He Needs to Improve His Game Is Not More Clubs But more orartire end »i» ii*v t rs of a few of the oM standbys. r — ■■ - 1 - ■- -- — 1 — -■■■■ -- ■ — --h Rail Expert Exceeds Expense Limit, Charge Lincoln, Dec. 6.—Claims for travel ing expenses filed by J. A. Little, rate expert for the Xebraslyt railway com mission have met with objections on ths part of Deputy Stats Auditor Honza, who declares that he will rs fuse to Issus warrants for any more such claims. It appears, according to the deputy auditor, that IJttle has overrun the }5-a-day limit for meals and lodging on several of his trips. While In Denver recently, and on a trip to Minneapolis. Little charged up his hotel room and meals at rates In excess of the maximum allowed. It Is claimed, and the auditor's office gave notice that In the future such claim* would not be allowed. Little, IX ia said, had an Interview with the Honsa and, as a result, It la said the account will be pared. Mr. Little la paid a salary of 15,000 a year by ttha railway commission. This Is equal to that of the commis sioners themselves and of elected stats officers except the governor and state supreme Judges. Caddy Sues Fremont Woman for Loss of Eye Fremont, Neb., Dec. 5.—Suit for $25,000 damages t)a> been entered In district court against Mrs. Charles N. Johnson, prominent Fremont Country club golfer, and Louis Zlotky, also of Fremont, by Albert E. Tracey. Jr.. 10, through hie father, for the loss of an eye suffered while he was acting an caddie for Mra. Johnson last September. Harvard Starts Practice for Busy Cage Season Harvard, Neb.. Dec. 5.—Basket ball practice has begun In earnest at the local high school. After a somewhat disappointing football season, as far as victories go. the high school ath letes have entered the cage sport with seal. Harvard played In the finals of cIsks C at the state tourna ment Inst year and had a very sue cessful season. I'npt. laiwrence Brehm, who Jlrew favorable comment among the sport scrllies at the tournament; Farrell, a fast center, and I’auley, a promising substitute, retnnln for this year's schedule. The hoard of education has In Id the floor In the gymnasium and has erected new bleachers In anticipa tion of the success of ths cage sport. Bar Committee to Hear Lawyer* at Meeting Here Lincoln. Dec. 6—The legislative committee of the Nebraska S^tate Bar association will meet at the Fonte* nelle hotel In Omaha. Saturday I»e centt>er », at 2 o'clock, according to an announcement made here today. It la the put pose of the committee to hear suggest Iona by lawyers from all parts of the state before making Its report. The chairman of the commit tee Is I! F Stout of Unmln. The other memliera are ('hatha K. Abbott. Fremont Otlnton Brume. Omaha; John A Milter, K ';l rti r \ .lames A Qnlglcy, Valentine, p .1 Barron Hcnt'suluR, and J. L. (Ini), lit and Ulwf Governor Asks to Know Powers in Quinton Case Opinion Requested of Attor ney General as to Author ity to Remove Cass County Sheriff. Lincoln, D*c. 6—Governor Bryan today, in a communication addreated to Attorney General Spillman, has asked the state's legal department for a specific definition of the governor's powers In regard to the suspension of Sheriff Quinton of C&ss county, re cently indicted on charges of failiye to enforce the prohibition faws and for making false reports of fees col lected. Six separata inquiries are made in the letter. Following is the letter sent by the governor to the Attorney general: **I am lnr%'flpi of a communication from th* grand Jury of r«m county aub mitting. through th# clerk of tha district court at Plsttsmouth. a copy of (ha in dx truer.is against the sheriff of Casa couafy. Tha rommunlrition from tha grand Jury is signed by 1( grann juror* end they ask that tha atat* taka fmma diate steps of a proper proceeding to re mova Carl D- Quinton aa sheriff of said county for reasons set forth In their lrdlctmants. and communication of said grand Jurors to tha governor of Nebraska. * I hand you. herewith, tha communica tion of tha grand Jurors together with tha communication from tha district clerk of Csss rounty, and also copies of indict ments against Sheriff Quinton as sub mitted by tha dark of tha district court, and request that you carefully examine these communications and Indictments and give me tha benefit of your opinion on* tha following points. "First—Hss the governor authority to suspend tha sheriff and appoint a tem porary sheriff under the statute that wag adopted by tha recant session of tha lagia tatura, giving tha governor authority to suspend a sheriff and appoint a tempos.- 1 arv on* In hlg. plar* rending ths deter mination of chargea or complaints that would be filed by direction of tha gover nor by tha court? •‘Second. Doe* tha Indictment of (Sheriff Quinton, for the reason* given in tha In dictment pertaining to tha enforcement of liquor law* of tha state, give the gov ernor sufficient evidence of a failure to enforce the liquor law to justify the gov ernor In suspending Sheriff Quinton, hav ing the attorney general commence quo warranto proceeding* to have him ouated from office? 'Third. Has the chief executive of the state authority to direct the attorney gen eral to file quo warranto proceedings to have Sheriff Quinton ousted from offtc# and ha* the governor authority to suspend Sheriff Quinton from offtr# pending the determination of said quo warranto pro ceedings for malfeasance In office* • Fourth. If tha governor has author?!* (o suspend the eheilff for malfeasance In office, who has the authority or whose duty is it to appoint a temporary acting sheriff during the time that the court la determining the result of the quo war ranto proceedings* \i "Fifth —Do the indictment# and va Vtou# counts in iha Indictment of Sheriff Quinton for malfeasant# In office, as set r.uth In the conies of the grand Jury's indictment of Sheriff Quinton of Fata county, ns shown *n the copies of the Indictment handed you herewith, furnish sufficient evidence of malfeasance in of fice to Justify the governor in suspending »he sheriff from office and directing that quo warranto proceedings of ouster against the sheriff be commenced In the proper court ? ">*lxth — If In your opinion, tha chief executive of the stats has pot the an thorlty Ip coinmenre action for th# eus pension sod removal of the ahertff of l ass county, or If. in vnur judgment the evidence or fact# submitted tn the in dlctments returned against tha sheriff the ('as* county grand Jury, are not sufficient to authorise or Justify th* chief executive in commencing action lo give the people of t'asa county the relief that they ssk foe through the communication of the grand juror*, as submitted here with, will you kindly indicate for the consideration of Ih* g overnnr of «h* atatr of Vehrask. what official or department has authority to commence action end "hat action would l*e proper to take • o »hc the people of ('ass county the rcllrf that tbev have asked for?’* Harneston (orl» Win Game. Rin neatoit. Nrh . IHhv 5 TH# Bur nnefon gills I <m skpt b* |l i«nmh wen t to rtrkiwll, this cot inly, and aefwwttd that town II to U 4 Women Gve Coolidge Lead in Straw Vote Fremant. Neb., Dae. 5—Out of 70 ballots cast In a straw vote foj pres idential candidates by members of the Fremont Woman's club, Calvin Coolidge waa given 50; Henry Ford. 5: MeAdoo and Nnderwood, each, 4; Woodrow Wilson, J; Hughes and I .a Follett, 2 each. The vote waa taken In line with a national movement to feel the political pulse of the women of the nation. Straight republican tickets were favored by the big majority of the voters. Herbert Hoover. Gifford Plnchot and Hiram Johnson, among the other candidates listed on the ballot as presidential possibilities, failed to re ceive a ballot. County Would Cancel Taxes Owed by Road Beatrice. Neb., Dec. 6.—Tha coun ty board of supervisors voted to can cel about *8.000 taxes dua Gage coun ty from the defunct Kansas City 4i Northwestern railroad. roverli% the years of 1922-192J. This action waa taken to assist the road In Its effort to resurrect the old line between Kansas City and Virginia. Neb. How ever. this movedepend* on a friendly attitude os the part of the attorney general. Jap Cueist in Match Play With Willie Hoppe Today New York. Dec. 5.—Tadao Suganvi ma, national Junior 18 ?ha!kllne bil liard champion, today accepted the challenge of Jean Bruno of Austria for a 1.S00 point match to be played In four blocks of 400 points each. The champion Indicated his preference to hold the match in New York be tween lleeember 1» and January 1. Play will be for *200 a side and a percentage of the gate receipts Suganunm will meet Willie Hoppe, the world chaniplnn. in an l.SOO polnt exhibition match in Philadelphia be ginning tomorrow. Married in Cuuncil Bluffs Tha following p#rnor» obtain*,1 mar riage llc*ns*a In Council Bluffs yaattrdav: William Kd«n. Baatric* Nab.. SS \l»ry Barb*r, Bastrle*. N*b . 1> Frank 8t«v*na. \tadi«cn. Nab. . JJ. Clara Black. Council Bluffs . it Yarn Camp bull. Omaha .. SI , Anna J*n**n Omah* -I Mikurtr# 8«ador. PkUamaath. Nab. . . S4 ! Flormc* T'ookar. riattsinouth Nab . It Chartaa Hadd**, Lincoln Nab .14 BMlabal Uonnatt, Lincoln Neb. S* [John I’pckar. Omaha ....... SI Lula Grading ton. Omaha . 11 Bari Thom a a, Omaha . . .. J1 Wmy But la. Omaha ... It Anaga Hannan. Omaha .. 1* | Valm* Hrlatow IV» Motna*, la ... ?4 ThlllP Hmlih Ballw**B Nah ........ Rw Gaa* Oalumbui, Nab ..... .. it The Weather For >4 hour* ending 7 p m lWambar t Tamparalura HI* heal. 44; lowaat, 11. mean. 14. normal. It. total axcaaa *t*c* January 1, 3 ? 1 Hatatl\* Humidity raro*ntag*—-T a- w. •4 noon. •• ? p n> . ST i Tra^lpltation. Inchoa and Hundredth* l Total, non*. total aim * January I. 3b 14. | #«c*aa. 4* fttourl* Temimraturaa • «. m........ « » ««. 14 Tv w .... 3* '' i t' < I' n>..,. «i ? v m... 4 s t I* m. »* 4 n t r w * > I |* m .,.. 4t * |> m ....... 4* T p m . ?V i *. ».it Rebels Win Fight Over House Rules Seats of Two Illinois Repre sentatives Contested as Members Are Being t Sworn In. To Adjourn After Talk Washington, Dec. 5.—President Coolidge will go to the capitol and personally deliver his first message to congrtss at a joint session of the house and senate at 12:30 p. m. to morrow. The president's appearance was made possible when the insurgent re publicans. with their fight for an op- - portunlty to liberalize the rules, won, permitted the house to organize, with the re-election of Representative Frederick H. Gillett as speaker, and got down to business today, after forcing a deadlock over the election of a speaker since the 68th congress was convened Monday. The routine of swearing in the 435 house members was sensationally in terrupted when Representative Henry T. Rainey, democrat, Illinois, objected to Representative-elect Edward E. Miller, Twenty-second Illinois dis trict, being seated. Hecharged Mil ler with having diverted funds of the State of Illinois to his own campaign fund while he was state treasurer and a candidate for congress. The ques tion finally was referred to the elec tion committee and Miller was sworn in. I)' moor at's Seat Contested. Representative Britten, republican, Illinois, countered the Rainey objec tion with a motion that Representa tive-elect James R. Buckley, demo crat. Sixth Illinois district, whose elec tion by a majority of less than 30 votes is being contested by his repub lican predecessor, John J. Gorman, also not be allowed to take his seat. When Miller was seated, however. Britten withdrew hi* objection to Buckley, whose election also will be passed on by the election committee. After Mr. Coolidge submits his rec ommendations, the wheels of th« legislative machinery on both sides of the capital will be ready to grind on the extensive program of con structive and remedial measures de manded by the country. L.ittel if any business is expected to be a coons pushed for a week ok more, however, because of tha necessity to make up committees before any legislation can be taken up. Representative Dorgworth. repub lican leader, stated that as soon as the president is heard tomorrow, the house will adjourn the constitutional limit of three day a When it meets again Monday adjournment will be taken for another three days, and this practice will be followed until the committee lists are completed end bills are prepared for consideration on the floor. Supply Measures First. In the meantime, the republican committee on committees of the house will meet Friday morning to begin the task of ruling committee vacancies. This work, it is estimated, will require at least two weeks. The appropriations, accounts and mileage committees will be made up first, so that the annual supply measures may not be delayed any longer than necessary, the members draw their mileage, and expenses of the house taken care of as they arise. similar procedure with regard to the makeup of committees will be carried out in the senate although the work on that side will not take at' long. The democrats on both sides will be able to make their committee assignments with little delay as soon as the majority advises them what the political apportionment Is to be. In the senate It Is likely, too. that lhere will be some speech making on foreign and domestic questions which are due to come up for consideration later. Politicians in a presidential year are not going to forego the op portunity under the senate rules per mitting unlimited debate to present the issues to the country. Organisation of the house today was carried out in accordance with the agreement effected at a conference last night between the leaders of the insurgents. Representatives Nelson of Wisconsin, Woodruff of Michigan and I-aOuardia of New York, and Repre sentative Lungworth for the regulars. When the house was called to order at noon by the clerk. Nelson sub mitted a statement in which he said "mutual assurances" were exchanged at the conference and that the follow j ing program shall be carried out: "1. That the rules of the *7th con gress should be adopted as the rules of the «Sth congress for >0 days only. "J. That during these 30 days amendments to the rules may be of fered by any member, to be referred to the committee on rules, w hich com mittee shall conaider such amend ment* and make a report thereon to the house "5. Within such 8® days the cent 1'ilttee shall make a report of the rulea and such amendment* aa they recommend Tbs rules and amend ment* as reported by the committee shall be subject to reasonable discus slon. amendment and record vot*» of the house. "t When the committee shall have made Ha ret'orl, any number of the house shall have opportunity to offer amendments to any rule of the house ami may call for a record vote^thre on. whether the rule baa been Included In the re(>ort of the committee or not. ' •> One mutton to i evcmaiit gbali | be la order.'* *
