WEATHER FORECAST fF T T Al f 4 TT A "\ ) 1T\ XTT1VT OpT^ THOUGHT FOR THE DAY Nebraska Generally not much A ll *4 j\l XB. II XjL 1. V . L-lNl \ JT A^ iLj JL-i , ow, my ZZZ In life to har change In temperature. ' |ng hoijn always a quarter of an hour ^ _=EE=r=i9<9B=====s=e=^ < m , IIIM beforehand.—Nelson. V* CITY EDITION _ VQL. 54—NO. 156. OMAHA, SATURDAY, DECEMBER 13, 1924. * T VV0 CENTS19 T?*.11 *c»md. E°wwht?«ul,*~ ^ -^ Burgess-Nash Is Awarded to Brandeis Referee Find? Baum Bid Not a? High as Joint Offer of Omaha Merchant and ! New York Firm. May Continue Business Sale of the Burgess-Xash company nssets to J. h. Brandeis & Sons and the Surplus Merchandising corpora tion of New York was confirmed Fri day morning by B. H. Dunham, ref *** eree in bankruptcy. Referee Dunham's order of con Urination provides that the new own ers of Burgess-Xash company may continue to operate the company busi ness in its present location for a "rea Bonnble length of time." Brandeis Bid Higher. Referring in his order to the hid of Daniel Baum, which was $20,000 higher than the joint bid of the Bran deis-Surplus Merchandising corpora tion bid, but which provided that pay ment be extended over a period of several years. Referee Dunham ruled that "the J. L. Brandets-Surplus Mer chandising corporation hid was a higher and better bid than the Baum hid.” "The court finds that some hours after the close of. the sale Daniel Baum of Omaha tendered a bid to the receiver,” said Referee Dunham. "The bidder had full knowledge of the time, p.ace, etc., of the Bale and failed to hid at the time fixed in the order of sale. The bid was not a cash hid as required by order of the sale. Brandeis Confirms Heal. George Brandeis, a joint purchaser of the Burgess-Xash company, In a statement following the confirmation af the sale, Bald: "At the present time we don't know lust what will he done. I expect to ro over and see the exa^t conditions, if the right arrangements can he made with the landlord the store will ,-ontinue In business. I would feel bad if it were necessary to close up the place and throw those people who have worked there so faithfully, out of work." “If the Burgess-Xash store Is not continued it will not ho because (lie purchasers of the stock will be unable to make a lease with us,” said Daniel Baum Friday afternoon. ••\Ve are ready at any time to dis cuss (he details of such lease. Fur ther, It will lake into account tlie chai'acter of the business, it will be In harmony with department store ifilial* throughout the country, and will lie le*s than rentals now heing laid for oilier locations.” S. M. Goldberg, president of the S. M. Goldberg Knterprises, Inc., con i: ting of 29 retail stores, also made a k statement In which he explained his relation In the deal. Needed Retailer Aid, "The Surplus Merchandising cor p-a-tHtion operates as a wholesale concern, and it needed a retailer to ,,in in with It If the original plan to continue the operation of the Bur-] l eas Nash company was to he ral lied out. In a conference with Daniel Baum, owner of the east building oc copied by the company, we made a tentative agreement concerning a lease. Baum led us to believe we could obtain the lease on terms which would enable us to continue the busi ness. It. seemed to he only a ques tion of drawing up the papers. But the next day, when the )wper* were submitted to us they were entirely different and provided terms on which no one could operate the store. It was out of all reason. "Hence we were left In an unde all-able position, for we had already hid for the company assets and if ac cepted our hill was binding, and we would have been forced to buy the asset* and have no place to put them. This forced us into a joint hid with J. T,. Bandeis & Sons, whose par ticipation assured us of a place to sell the merchandise." Woods Brothers Willing. ^ Asked concerning the position of Wood* brother* in the new owner ship. Goldberg sold: "The Wood* brothers are willing to continue with US.'" "Part of our money is in the bid," Interjected George Woods. "We are willing to continue In the business financially to almost any extent, nl Ihough we are not merchants and never have been. We had to have the right sort of people with iis, ami with them, if the proper leasesVould {Turn to I'ua Two. Column One.) -- We Have With Us Today H. M. Goldberg, President, Goldberg Knlerprlse*, Ine., New York. Mr. Goldberg I* one of Hie large retailers of the country, controlling the destinies of 29 »e|tnio!c stores. lie |* In Omaha ns a party to the Joint hid of the .1. L. Brandeis * Hon* and th* Surplus Merchandising corporation dn the Burgess Nash oompany assets, which wn* accept"* [ hv Receiver Daniel. He expressea the opinion that the future of Omaha * retail business is bright \Cross-Word Puzzles All the Rage at Asylum Warren, Pa., Dee. 1!.—The cross word puzzle has hern adopted h.v patients at the slate hospital for the insane at North Warren. Both men and women were said by of ficers of the Institution to have passed hours poring over the black and white squares in newspapers. The new form of diversion has little effect upon the mental wel fare of the patients, the officers said. Wife of Former Insurance Head Granted Divorce Custody of Two Sons Given to Mrs. Bruce Young; Court Allows Alimony of $175 a Month. Mrs. Marguerite Young was granted a. dlvoree by Judge I,. B. Day Friday afternoon from William Bruce Young, former Insurance commission cr and present secretary of the North American National Life Insurance company. She is granted custody of the two sons, William Bruce, 7, and Ralph Byron, 6. She is given the home property and furnishings at 2562 Redid, avenue and $175 a month alimony. Young did not appear In court. Testimony .was that he receives a salary of $15,000 a year and has also other Income. Husband Left Home. Young left the home on Redielt ave nue on August 14, last. "I wanted some money for a pair of shoes the day he left home," testi fied Mrs. Young. "He refused to give it to me. although I had had but one pair of shoes throughout the summer. "He said then that he was going to leave hut I didn't think be would. He hasn't been back in the house since, that ts other than to come tn and be very abusive. He has called up on the telephone and said things in profane language." Says He Swore at Her. Mrs. Young testified that her hus band swore and struck her and once tore some of her clothes off on the street. "His language was at all tim»* pro fane. very, very profane, the most profane language any man could use," she said. Jackson B. Chase. Mrs. Young's at torney, testified that during one con ference in his office Young struck his wife and twisted her wrist. The reason for the assault he said w-ns because Mrs, Young failed to hand him a certain letter ns quickly as he demanded It. The Youngs were married Septem ber 6, 1916. Young is consulting actuary, secretary and director of the North American National Life Inaur a nee company. CEDAR COUNTY BOY TO GO UPON BENCH Hartlngton, Dec. 13.—Residents of Cedar county :md others in northeast Nebraska "ill he Interested to know' that Franc C. Ha dice, a former Ce dar county boy who was born and educated here, was elected county judge of Johnson county at the No vember election. He practiced here several years after completing .his law course at the state university. He was elected to the state legisla ture and was delegate to the consti tutional convention from this county a few years ago. Going from here to Ttciimseh his successful career ns a lawyer continued and later he was appointed private secretary to Gov ernor Charles \V. Bryan, which poei tlon he wan holding when elected to the judgeship. MURDER CASE IN JURY’S HANDS Spoelal l>Lp»t« h In The Omnlm Bee. Madlsorf. Neb., Dec. 12.—The mur der trial of John Bovver s and his wife, Helen Bowers, went to the jury this evening, after the defense finished Its case. Bowers, former Norfolk police man. is charged with fatally shooting Clyde ('Herrington, Chicago & North western callboy, following a dance at which Bowers was employed ns bouncer. Game Kish Protection Favored hv Irrigators Bridgeport, Dec. 12 Legislative action to protect the game fish in rivers will be asked in resolutions t<» be adopted by the Nebraska Htnts Association of irrigators, holding a three day convention here. A com mittee of three, »| D. Hey Wood of Crawford, J. H. Woodman of Morrill and O. F. Cook of Morrill, was ap pointed to draft n resolution, asking for some steps to be taken to protect fhe fish. The first day’s session opened with nn attendance of nearly 100 delegates. Bailie Greek Cluli Favorn Jenkinii for Came Warden Battle Greek, Dec. 12 - At s tegular meeting of the Battle creek Com* rnerrlnl club, J. C. Jenkins of Nellgh was unanimously endorsed for chief game warden. Forty five member* t\ei§ present I of Gompers Is Not Good Personal Physician of Labor Leader Called From New York; San Antonio Doctors Consult. Vitality Is Overtaxed San Antonio, Tex., Deo. 12.— Samuel Gompers' condition was pro nounced as unfavorable In a bulletin issued tonight by Dr. Lee Rice of San Antonio, who was called into consultation. Dr. Rice said it would require sev eral days before any improvement could he brought nbout in Gompers' condition. He said a further consul tation would be held and another bulletin issued tonight. A great throng at the station greet ed Gompers, who was taken Immedi ately to a local hotel where he will remain until a change comes. Gompers personal physician. Dr. •Julius Auerbach of New York who was telegraphed for, was said to lie on his way to San Antonio. It Is be lieved that If Gompers had remained six hours longer in the high altitude of Mexico City his condition would have been more serious. Physicians said the lower altitude had greatly relieved Gompers. Fatigue from overwork tias played a great part in tlie reported debilita tion condition of Gompers, physicians said. Overtaxed Himself. The leader of Diet American Lalior forces presided at( meetings of the Pan American labor council In Mex ico City, following strenuous days in the American Federation of Ijibor convention at El Paso just preceding his trip to Mexico. He also partici pated In the inauguration ceremonies of President Calles of Mexico. Sev eral long automobile trips about the Mexican capital also overtaxed his strength. He has been in Mexico City since November 30 and was on the verge of leaving when he became ill. So greatly had Gompers Improved that he wished to dressand sit up in his apartment just before reaching San Antonio, hut his physician In sisted on him remaining in bed. The train carrying Gompers was late leaving Laredo. He arrived in San Antonio in the same coach he boarded when he left Mexico City. All of the American Federtalon of I.abor delegates to the recent Pan American Federation of I.abor. con vention accompanied Gnmcprs to San Antonio. Most of the party were to nannln in San Antonio only a few hour* ex pecting to depart for the east tonight. TRADE ADVANCE IS NOT CHECKED New York. Dec. 12.—Dun's tomor row will say: "Allowing for the lull that always prevails In some lines at this season, there has lieen no check to the ail vance In business. Continued prog ress is shown by most reports and there are expectations of further gains to come in primary channels In the new year, after the passing of holiday influences, Christ mas re tail trade has developed well in many places, giving proof of a large public buying power, and it was quickened this week by colder weather, with snowfall In some sections "The most Interesting movements, however, nre occurring in the big manufacturing Induetrles, where a substantial recovery from previous depressed conditions Is under way. Convincing evidence of this fact has already lieen given by statistics nf production, and the statement of un filled steel orders, showing a monthly Increase of more than BOO,000 tons, has lieen added to the favorable fea tures." Weekly hank clearings, $8,878,111, 000. Tar I pact; Four Hurl. Sidney, Dec. 12 S. I>. Hunt. Cllf f«>rd YValtp, flpincer Flo and Robert Hornndny, boy*, wore badly Injured on their way to Kimball to attend i Dp Malay meeting when the rnr In which they were riding nkldded In a *nowdrlft and wan overturned. '-V The Big Sunday Bee Two sections of nlrngrnvurr. Pictures you'll like to see niul ad vertisements wliirli carry a mes sage you'll want to read, printed this week ill two complete sections, (lifts. A Christmas Action story by Hopltle Kerr. A story Hint re flects the yuletide spirit, and so charmingly written It will hold your Interest to the end. ((unllty comics. “Mr. and Mrs.,'' h.v llrlggs, and “llrlnging I p Father," by Mi Via nos, are the best two color comics published III the I nited Stales today. Hemeiil Ini—for i|Uallty entities you have j to read The Hmalm flee. Ml Hie news. The Omaha Iter is the only paper III Nebraska re I reiving Saturday nighf wire serv j Ice front three news associations— The Associated Press, Intermi tlonnl News Service and Fnlversal I Service, You cannot afford to do without THE OMAHA HEK. 1 >■ --—' A Dr. Pinto Lacks Sense of Humor or Is “Kidding” Say Women Novelists Race in Creator Danger of Overpopulation Than of Dying Out, Fannie Hurst Declares; Rita Weiman Scoffs at Law Separating Devoted Couple. Apeclal Dispatch to The Omaha Bee. New York, Deo. 12.—Dr. A. 8. Pinto, city health commissioner of Omaha, started a feminine storm which has blown all the way to New York city and is brewing among the women here, when-he advanced his theory that child less marriages should be made null and void after two year*. If this wise doctor is looking at marriage as a purely biological prob lem," said Miss Fannie Hurst, short story writer and novelist, as her opinion of Dr. Pinto's contention "he is undoubtedly correct. But. as far as I know', the world Is in more danger of being overpopulated than of having races die out. And, even if population were decreasing, such a measure as dissolving childless mar riages after two years would be too contrary to human nature, which after all, is practically unchange able.” Miss Rita Welnian popular play wright, took an opposing view point. "Marriage is purely a personal mat ter," she 'said. "Some people marry, but' believe themselves unfit to be parents. Anyhow, ns far as I can see, the race is not dying out, and propagation isn't yet a matter for legislation. If a couple desires a dis solution of its marriage vows, the law provides, hut there are too many people who would not he parted by any law under the sun. Any doctor whi Is supposed to know human na ture and advances such a contention as Dr. Plnto'8 is either talking with his tongue in his cheek, or is devoid of a valuable sense of humor.” “Silly”—\c.\ mi M« Mein. Miss Weiman's opinion was In dorsed by Miss N'eysa McMeln well known poster artist. "It never oc curred to ine that any one could be so silly as to try seriously to dictate whether or not a couple should have children. The questions of marriage and children concern two people, only, not Dr. Pinto or the law." "That is preposterous on the face of it." declared Judge Jean Norris of the women s court. "You cannot put a time limit upon marriage and children with the Idea of increasing the American race. The marital relation is a purely personal matter and no law can he made to penalize either the man or woman who does not wish children. This would lie taking personal liberty by the last straw. Some of the happiest married couples have not had chil dren for four or five years after mar riage, and I have known special In stances where people have been mar tied for 11 or 13 years and then had several children. .The matter of chil dren and how many there shall he will always have to remain a ques tion which only husband and wife can decide themselves. For the court to step In Hnd try to arrange this for time would he simply preposterous" “Can't Be Itone"—Helen McCormick. Helen P. McCormick, former as slstant district attorney of Kings county and president of the Rrooklyn Catholic Rigs Sisters and a a promi nent young lawyer, admits that this question has come up before with every effort to push It through as a law. "Rut It can never be done," asserts Miss McCormick, "The law cannot step In and regulate a personnl mat ter like this. No doubt there are plenty of men and women who are tired of marriage would like nothing better than this excuse to get an annulment 'to try it again.' 1 am a firm believer In large families and statistics show that the American family is dwindling every year, bd* American families cannot he i* creased by having a ridiculous Itw passed with a physical test of two ’■ears. This would he a step below the trial marriage 1 cannot Imagine any state passing a law which would absolutely lower the standard of womanhood and put marriage upon an absolute physical basis.'' FLOODS THREATEN AT COLUMBUS Columbus, Neb , Dec. 12 T'nUSU ally heavy thaws are swelling the water volume in small streams to the extent that Ice filled streams threat en flood dangers to lowland winter wheat fields Realrice Firemen Fleet Convention Delegate* Real rice, Dec. 12 -At „ meeting of the Beatrice volunteer Ore depart, mrnf the following delegates were selected to attend the firemen's con \entlon at Hastings. January 22 23 John 1,. Schlek, William Hall. John M. Brandt, John 8 Martin Charles Segelke. John J. Plelnirh, J K. Klchnrn, John \ IMehurh, 11 f Beech, John Schwarz. J. 8 Coon, .1 J, Arnrv, W. A Wilkinson, J. 8. IIui son. K. C. Powell, William Kuhn, J. II Kuhn. II A. Whiteside, 1. II Hrrogge. Frank liuchols, Jr.: Frank Austin. John Shank, Julius Bucks Roy Wilcox and Winter (llhson. Rcchtrl Fleeted to Dead Pawnee City Football Team City, Nfh,, !>#’«’ lM T«M T Whirl will lead I ho Paw nor City llljarh Arhool clrvrn mxi year im lh> icMilt of h.tllnllnir «b»nr hv I hr letter men nf thr A»*hnnl this wrrk In rlrct j thr'r new i apfnln I orhtrl In :t f.txt hnlfhnrk whew work thin AniMon hma j hrrn commended. Thr Pawnee l-lty (Mm, which wit* iin hiA*ka. ftix member* of th* eqtiA'I will h* graduated *t tha clo*e of thr tern )-— Coolidge Stands Pat l!j>on Matter of Foreign Debts President Opposes Plan to Submit War Claims Against Germany to World Court for Adjudication. Washington, Deo. 12.—President Coolidge was represented today as being opposed to any plan for sub mission to the world court or any other tribunal of the adjudication of war claims ngainst Germany under the Dawes plan. His position also was said to he unchanged regarding war debt funding to the United States by France and other powers. Coolidge is known to be convinced that the American position regarding claims collection Is perfectly under stood by foreign governments inter ested and that the right of collection is established beyond question by treaty agreements. The president's position that there is no need of referring the subject of claims collections to a tribunal for adjudication is understood to be based on the belief that whatever differences may exist between the United Stales and Great Britain can be adjusted by regular negotiations conducted through representatives of the two governments. He feels It as evident that the posi tion of the Washington administra tion which has been outlined to the allied and associated powers hy Am bassador Kellogg during the I^ondon conference will be recognized by the! interested government* •* the negoti ations now being carried on between | Washington and I.ondon progrrss. While he Is being closely advised regarding the agitation by a part! of the Iyondon press concerning the question of war debt funding to the United States, there has been tin change in the position steadfastly taken by the executive on the ques tion and he sees no occasion for giv-; Ing American newspapers material toj aqswer the arguments advanced by; Ixindon papers. The American policy has been firm ly in opposition to cancellation of any part of the debts owed the United States, coupled wtih a desire that the debtor nations should refund their obligations, and the president sees not possibility that it may be altered Ini th* slightest detail. BREAK IN CABLE I CUTS OFF ALASKA Seattle, Wash, Dec. 12— Alaska "as cut off from the outside world today by ruble because of a break last night in the Seattle Sitka line | and the Seattle Ketchikan cable, 2,11 miles north of here. Breaks in the ■ able between Ketchikan and Wran gell and l’etershurg and Wrangell also were reported. Messages are being forwarded to the Puget sound naval station at Bre un-ton, where they wer* sent hy naval radio. The United States cable ship Hell wood. which has been In the vicinity of Kaldez. Alaska. Is to repair the broken lines. Cable engineers were endeavoring to determine the cause of the breaks. Many Fowls Exhibited at Poultry Show in St. Paul Rt. Pant. Minn., Doc. 12 - With 2,non fowls on exhibition the North west Nations! Poultry Show opened here, with birds on exhibition from os far west as Ptsh. South TAakntn, Iowa find Montana were heavily rep. resented at the show, which officers rhnraeterlxed the finest. Itest balanced ehnw ever hek| In the northwest. Judging hegnn today. Hop Shipments Increase. C olunihua, t>ec. 12—Hog ship tnents from central Nebraska points! have Increased 22, per rent this week : after a shipping lull of two weeks t In an effort to avoid buying feed: and to save corn farmers are literal. I.v disposing of nil animals except breeding sows and hogs for family butchering purposes. Smith Takes Command For two days and two nights the six world fliers sat In the radio station waiting news of their ronMnatiller, Major Martin, who hail flashed word of his hop-off. At last came a message, lint from I lie War department "I Jr ill latwrll Smith rmilinand world dig III,” It said Twenty hours later America's three globe circling planes were fly ing to wards the Island of Aflis. Turn to page 4 and read the thrilling Installment In I smell Thoinns’ story of the world flight. x_-—A Bulls Again Hold Forth on Market Movement, Halted by Two Days of Sharp Reaction, Is Resumed With Increased Vigor; Large Net Gains. Many Sensational Rises By Atmoolnfftl Prow. New York, Dee. 12.—The "hull” movement in the stock market, which was interrupted hv two days of sharp reaction, was resumed with increased vigor today, net gains, of 1 to nearly 8 points being scattered throughout the list, with the daily turnover run ning slightly above 1,500.000 shares. Forty-seven stocks, including nine motors, eight public utilities and six rails, smashed their previous high records for the year. The quick reversal in speculative sentiment followed the overnight an nouncement that the .1 per cent re discount rate had been retained by the New' York Federal Reserve bank, setting at rest rumors of an increase; the derision of a special master in the Consolidated Gas rate case, holding the local ?1 gas law' unconstitutional and the approval of the proposed "Nlekle Plate” lease by the directors of the Erie railroad, which, whil* not announced until after the market closed, had been anticipated by the market action of the so-called “Van Swearingen” stocks, practically all of which attained new peak prices for the year on gains running from 2 to 6 1-2 points. Spectacular .lumps. The most spectacular advance took place in West Penn Power and Fed eral Traction, each of which soared 8 points and then canceled about half their gains, and Nash oMtors, which jumped 7 1-4 points to 192 1-4, closing at the top. Other outstanding gain* v ere recorded by Fisher Body, Gen eral Baking. Iron Products, Mack Trucks. Nickel Plate common, Pere Marquette. Railway Steel Spring and West Virginia Railway and Power, all of which closed 4 to 6 1-2 points higher. Heavy buying of the motor shares, particularly those nf companies te porting small inventories and large current sale*, was one nf the day's features. Report* of large railroad order* also stimulated the buying of the equipment shares. Oils continued reactionary although the net losses were held to fractions. U. S. Realty and Improvement common, which re cently has enjoyed a sensational ad vance on rumors of a consolidation of its real e*tate holdings with those of the Dupont interests, broke from 152 14 to 124 18 in the final hour, closing at 126 for a net l«*s of 2 points. WITNESS FAILS TO APPEAR IN CASE Specie! lii.patrh to Tile Ornnha Boo. Grand I aland. Neb, Dec. 1!.— Sheriff Palmer Ira ve* early Satur lav fur I.os Angelo* where authorl le» l,a\e cauacd the detention of Mil Ired Camp, nunc at* of Dan A. Deed, ivho i* held here on the charge of automobile theft. Mi** Camp watt a witness In the •use to have Item tried thi* wek. IVheri the trial was railed and the >vltnexa was not present, County At nrney Suhr charged Attorney Kd-1 ward McDermott of Kearney, with! -ompllcllv In spiritimr the witness iway. Thi* the Kearney attorney de aied. The next day, however. Attorney ?nhr had a response from I.os role* with the Information thvt the tIrl, who suddenly disappeared op Sunday evening, had been arrested here and was being held. Kxtraditlon anpera will he aertired and were ex I ;>erted here late today. The woman is heraelf now under he rharge of forging a hill of aale ’or an automobile and being a fugl :ive from Justice ■'ixth Judicial District Jur> Sessions Vnnniinrcd Columbus. Dec. I J.—-Jury sessions j of the district court 1n iho Sixth j judicial district of Nebraska snd its *\x counties for the year at* as fcl low s: PlMt* count): .Unitary 1). April IT 1 September ft Boon# c «>unlx February !«. June I. Nn- j omler IS. \ Judge I.out* 1 i«htn*r, Cotumhu*. and lu.lx#' Frederick \V. Button. Fremont are the judge#. Municipal < Jiristmas 1 rcr Planned at Sidney j Sidney, Her If Arrangemenla for1 the first munlcltml Christmas tree | ever held hero have boon completed ■ The tree will he 40 fret high and' elerllie lighted and will tvr placed j »t the flagpole Intersecting ljncoln ! highway nn Central avenue To Kansas to \\ rd. Wvtnme la-,- 1? William Weiner, I youngest son of Raymond NN nner, r* Hr#d farmer of NN \ mnrs, and Miss; Goldin Hinton of Wymors slipped | oxer the Mat# lin# and wet# ms riled j by Judr* I'ottcr at Mnrysxllle They | xvill l|v# on the Raxmond Weiner fmm »#\«n aouthxxest of Wy mot t. i I Man Out Hunting, Shot by Dog Wiscasset, Me., Dec. 12.—Tlieo- | dore Sherman\ of Kdgecomb »»* shot by hi* dog yesterday while : gunning near here. He placed his loaded gun on the ground while he crawled under his automobile to make an adjustment. The dog stepped on the trigger. The rharge of shot entered Sherman's leg be tween the knee and ankle. Pardon Board Will Defer Action on Ciarlettas Case Youlli Sentenced to Life Im prisonment for Murder of Henry Nickel! Plans for Freedom. By P. C. POWELL. Stuff Correspondent of The Omaha Itee. Lincoln, Dec. 12.—Deferred action on the application for commutation of sentence of Tony Clarletta. serving a life term in the state penitentiary for the murder of Henry E. Niekell, Omaha banker, in 1914. will he taken some time this month by the state board of pardons and paroles before this ltoard retires and the new hoard under Governor elect Adam McMullen begins to function. Ciarletta's application \*is filed with the board at It* meeting July 10, 192.1. The ltoard at t ha t time refused to take action on the applica tion and the three memlters. Gov ernor Charles W. Bryan. Attorney General O. S. Spillman and Charles \V. Poole, arrived at the following conclusion, just made public today: "law Has Been Fairly Vindicated." "There are but few who would claim that the majesty of the law demands that this young man should be held in the penitentiary until he suffers the same fate as his comrades now in the prison graveyard. That would be tempering Justice without mercy. "It is not at all unlikely that under the circumstances of this case the law has been fairly well vindicated. We do not wish to infer that the in mates of a house of ill fame or those who frequent such a place should be deprived of all benefits of law. We fee!, however, that insofar as such people are contributors to law viola tion, they, in a measure. Invite what ever results may come. In this case the turpitude of the crime is lessened to that extent. "We desire more time for delibera tion as to just how long this appli cant should be held, and for that reason we are not taking final action. The application for a commutation is therefore neither granted nor denied, but action is deferred." Two Companions Head. Two other men were given sen tence for the same crime. Joe Wil liams and Cevernious Roaamond. Both died in the penitentiary and are. buried in the prison remetery. At the time of the holdup and murder Ctarletta was IS year* of age. He was the last to be captured. Since entering prison he has at- , tended night schools and has studied music. He is at present leader of the j penitentiary orchestra. There Is not , a blemish on hi* prison record. Those interested In his commuta tlon are Henry W. Dunn, now police j commissioner and formerly chief of ] police at Omaha: Ste\e Maloney, for mer chief of the Omaha detectiiee. and Bess Gearhart Morrison, well-1 known prison worker and lecturer. A \ letter is on file from governor Len i Small of Illlnot*. who knows Ciar ! letta's parents at Joliet. POULTRY SHOW ENDS AT HASTINGS Hustings Neb. Pec. 11,—The 1914 poultry show concluded here this af ternoon was character.led aa one of the moat successful ever held here. The number of entries was held down by the storm of the last week. The poultry show is an annual affair., The fowls exhibited today were of! very high quality. J. R McClaakey ! judge, of Manhattan. Kan. said, and and they received much praise from him. Entries of 1. K. Torter snd Klliot } R. 1 hi vis won the championship of th* nhow, Clianpc in Sidney Fire Alarm System 1* Planned Sidney, Pec 12 To demonstrate to' the city council and firemen the con gestlon which exists in the telephone! service whenever a fire alarm l» i sounded the mayor and council and j niement were Invited to the telephoto j office and a false alarm of fire was: turned In. For fully 10 nilntues three ' operators were kept busy with call* from people asking location of the , fire Some method will be*devised to j notify the public other titan the prft ent fire whistle, The Weather i V-—__/ ►Vr 3« hour* »«.Lr£ T |< »v i b+r IJ I'mh tptmtmn |drh«i uml hur Ar^slthi* , T«*tnl ft ft. i..t• | *uR-p Jarut*r\ 1. ;* Iff ri ' M«mH< TftMiifrniMrfk I ■ m 4 4 \ r «4 • • m . 3# I |v m ...... . .in I • • m ... 41 I r 444 4ft j • • m i ft 4pm 4*' • ■ m 4* 1pm 4« | • ft m 44 4 r m |v > llftm 44 4 f 4. U sees .. at..........kti 48 Ballots Required to Free Him Two Co-Defendants Convic'r ed, However, One for Con spiracy and Other for Illegal Sale. Appeal Will Be Taken Sam House, charged with two vio lations of the Harrison narcotic act, is free. Pat Burkrey and Frank O'Neil, charged jointly with House, have been found guilty. For 23 hours 12 jurors, the charges of Judge J. W. Woodrough fresh in their minds, deliberated before the^’ reached their decision. M It. Douglas. Omaha, declared that for IS straight ballots he was the only one to vote for the acquittal of House. There were 30 ballots taken after that 13th. The opiniftn that House was Innocent formed gradually in the minds of the men and it was not until the 43th ballot was taken that all agreed that House had been no party to the conspiracy. Jury f ompromises. Nor was the tattle staged In the jury confined to the question of Sam House's innocence or guilt. The other two defendants came in for their share. Part of the jurors lielleved that Pe.t Burkrey was guilty of both counts of the indictment. Part be lieved that the same was true of Frank O'Neil. The compromise on this question was a conviction for Burkrey on a charge of conspiracy and for O'Neil on a charge of sale. The action of the jury wrote finis to another chapter in one of the most sensational narcotic trials in this court’s jurisdiction. The government admitted that it had no proof that Sam House ac tually sold narcotics. But It intro duced a wealth of evidence which the prosecution declared. Indicated that he had aided the men who did the actual selling. Telegrams, alleged to be in code, were presented by the government. The government witnesses testified that the criptic word* indicated cer tain kinds of narcotics. Prosecution Surprised. Sam House was called to the stand when the government rested its case. He carefully read the telegrams, ad mitted that he had sent and received them but denied that they referred to narcotics. They were orders for crooked dice, purchased for friends, he said. It was this evidence and the fact that some of the government's wit nesses had admitted on the witness stand that they were drug addicts and ex-convicta which swayed the Jury. The Jurors admitted that, although the testimony of one witness was the most damaging against House, they disregarded it because of the man s admission that he used drugs. Assistant United States District At torney U.eorge Kevser declared that he was surprised at the verdict of the jury. "I must admit." he said, "that I am less surprised at the lerdlct of guilty for O'Neil and Burkrey than I am for the verdict of not guilty for House The three men were to tangles! In the testimony which was given that I firmly believed that, should one be found guilty, all would be guilty." Friends Congratulate House. Pam House's friends crowded about him, patting him on the tack and congratulating him on his acquittal as soon as the verdict wss read. The general opinion of the friends seemed to he that they expected s disagree ment of the jury and not an acquit tal. Attorneys for Burkrey and O Neil declared at once that they would ap peal the verdict on a writ of errors. "The verdict cant stand." they said. "It will be reversed as soon ss we can get the esse before the circuit court of appeals." House walked from the federal building a free man a short tiros aftor the case was closed. Burkrey and O'Neil reposted their tands of IT.Sta and were allowed to go at liberty. e Summary of the Day in Washington I'onviifralton of Mucle Shoals eor tinned In the senate. The house committee began an In vestigation of aircraft manufacture ami operation. The American reply to the Rrttigfc r.cte on Herman war claims was de il\ ered In lamdon. The advisory council of the t>a ttonal conference on outdoor recrea tion ended its meeting Hear \initial Henson gave more testimony before the house shipping l-oant Invoettgallng committee The futore course of the conference for progressive political action waa const,lered at a meeting of its leadets F',is«ldent tVaviidge undertook to holster senate forces opposed to an early vote to override the veto of the postal pay hill. Secret at, Work submitted to Treer dent Coolhtcs a leolamatton program a’ -h Is expected *o harm the Nasi* of lbs sdivuiuatiauea pedey.