The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, October 01, 1909, Image 1

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    THE NORFOLK WEEKLY NEWS-JOURNAL ,
, , , ,
NORFOLK NEBRASKA FRIDAY OCTuDlJUU 1900
WISNER FARMER
MEETS DEATH
TEAM RAN AWAY , GLAUS SERV
ERS THROWN OUT AND KILLED.
THE NECKYOKE STRAP BROKE
Servers Had Started to Town With
three Sacks of Wheat When the
Neckyoke Strap Broke , the Tongue
Stuck In the Ground. * /
Wlsnor , Nob. , Sept. 30. Sp. )
. The News : Claim Servers , a
who lived about eight miles nort.n
of Wlsnor , was killed in n runawn.
c.ldont yesterday afternoon. \
. Servers had started to town wQ
„ three sacks of wheat. George Vc 9
Saggorn found Servers' body on tlu
road , with his broken spring wagon
but n few foot away. Ills team had
run away and had boon caught by Hen
ry Johnson , about n mlle nearer town.
The neckyoko strap had broken mid
I ! the tongue had run into the ground ,
/ throwing the driver out.
A widow , two sons and a daughter
survive the dead man. Dr. Morse , the
county coroner , was at the scene of
accident n half hour Intor.
Mr. Servers was well-to-do and ex
pected to retire and move to town this
TAFT ENJOYS DAY AT FAIR
President Looks at Numerous Babies
Named for Him.
Seattle , Sept. 30. President Taft
began today with the assurance that
ho would have a good time at the
Alaska-Yukon-Paclflc exposition , for ho
had himself prepared for the program ,
except for minor details , before ho
loft Beverly.
The president , after shaking hands
with all the guests at Mrs. Richard
A. Ballingcr's reception at the Rainier
club last night , and looking in upon a
dinner of the Yale club at the Hotel
Washington , went to his room at 9
o'clock and arose this morning well
prepared for his day of sight seeing
and speaking. The president and his
party , including Secretary Ballingor.
John Hayes Hammond and Governor
Hay , loft the Hotel Washington at
9:15 : o'clock In automobiles and on
the stops of the exposition auditorium
were received by the official reception
committee. From this point the pres
ident and his escort'reviewed the pa
rade of soldiers , marines , school chil
dren , Igorrotes , Indians , Eskimos and
Japanese in costume.
Two hundred children maneuvered
before the president and formed the
\
letters T-A-F-T.
The Igorrotes have been looking for
ward eagerly to the president's visit.
Most of the babies born at the fair
have been named for him.
After the parade Mr. Taft went
through the United States , Philippine ,
Hawiiilnu and Alaskan buildings.
While the president and party were
In the building , other persons were
excluded.
At 1 p. in. the president ate luncheon
Informally with six persons in the New
York building , the meal occupying an
hour.
During this hour the great natural
amphitheater on the shore of Lake
Washington had been filled with people
ple and when the president took his
seat won the platform , ho looked out
on 25,000 persons.
The exercises at the amphitheater
had boon ordered cut to the briefest
possible time , but the president was
asked to speak as long as he chose.
At 4:15 : o'clock the president was
initiated Into the Arctic Brotherhood ,
and received a membership certificate
inscribed on cariboo skin and embel
lished with twenty gold nuggets from
as many Alaska and Yukon camps.
The president was then taken in an
automobile for n rldo about the city
and to the hotel to prepare for the for
mal event of his visit , the banquet to
night in the Washington building , at
which the president will be the prin
cipal speaker , and the guests will num
ber 500.
CAN'T ' FXPLAIN MEMORY LOSS
J. C. Botsford of Albion Unable to Ac
count for Strange Acts.
Albion. Nob. , Sept. 30. Special to
The News : J. C. Botsford , who was
reported to have wandered away last
week , Is now at the homo of his daugh
ter In Lincoln. Ho states he does not
know how ho came to leave Albion ,
nor can ho account for his being nt
Schuylor , at which place ho was
found , In an unconscious condition.
After gaining consciousness ho decid
ed to go to Lincoln. Mrs. Botsford
went to Lincoln yesterday to return
with him.
A Mr. Frltton , who was moving
some household goods to Albion from
Dodge , Neb. , by wagon Tuesday , sus
tained the loss of an entire load of
furniture by fire , and in addition some
bndly burned hands. When about two
miles from Bradlsh , ho thought ho
heard an automobile approaching , and
turning saw his load in flames. Ho
had a gasoline stove , with some gaso
line In it. and cannot account for flro j
starting other than it was a spark
from his pipe.
Hastings May Get Street Cars ,
Hastings , Nob. , Sept. 30. Officers of f' '
an electric railway system have boon
here for several days inspecting the
field with a vlow to establishing n
street car line In this city.
ROOSEVELT'S ' MAN IS SICK
Colonel's' Arrival at Nalroba Delayed
by Zoologist's Illness.
Nalroba , British East Africa , Sept.
30. Col. Theodore Roosevelt , who was
expected to arrive hero on October 15
from his hunting trip In the Mworu
district , probably will not come until
the 23rd. The delay In his arrival Is
caused by the indisposition of Edmund
Holler , the zoologist ol the expedition ,
who Is suffering slightly ns the result
of pressure of work.
PAY DEPOSITORS
FROM GUARANTY
'LAHOMA'S STATE BANK GUARANTY -
"
ANTY BROUGHT TO TEST.
CLAIM STATE PANIC IS AVERTED
400 Depositors In Columbia Bank and
Trust Company Were Paid Out of
State Fund Other Banks Would
Have Been Affected.
Oklahoma City , Okla. , Sept. 30.
With a supply of money received from
the state guaranty fund , supplemented
by the cash on hand In the bank , State
Bank Commissioner Young paid about
400 depositors of the Columbia Bank
and Trust company , which suspended.
No excitement prevailed , the people
apparently trusting the state's guar
anty.
The report started that a number of
state banks would resist an assesss
mcnt by the state to protect the Co
lumbia company depositors was dis
pelled when the officials announced
they had been assured of the support
of the state bankers.
Interest throughout the state was
Intense. The Columbia company was
the reserve for perhaps 150 other state
banks and had on deposit $1,300,000 of
their deposits. The failure of the ap
plication of the guaranty law would
mean ruin to many of these and finan
cial panic. Mr. Taylor later announc
ed that the state had on deposit with
the Columbia Bairic mid Trust com
pany $490,359 , which Is protected by
approved securities valued at $500,000 ,
consisting of state , county and district
warrants and bonds , security company
bonds and other collateral.
The state school land commission
has on deposit $190,000 , which is pro
tected by approved securities valued
at $198,000. On Juno 1 , the bank had
$5,512 of the bank guaranty fund
which was protected by securities val
ued at $50,000.
O'Neill to Play Gates Academy.
Neligh , Neb. , Sept. 30. Special to
The News : What promises to bo the
best football game of the season in
this city is advertised to take place at
Riverside park next Friday afternoon.
The husky lads of Gates academy and
the fast cloven from O'Neill have
promised to make things lively on the
above date at Neligh's favorite athletic
grounds.
SERIOUS FLOOD IN MAINE
Worst Condition From Heavy Rains ,
Known There In Years.
Portland. Me. , Sept. 30. One of the
worst floods in the history of northern
and eastein Maine and western New
Brunswick , resulting from the heavy
rainfall of the last few days , has al
ready caused great damage in Aroos-
took , Piscataquls , Somerset and Wash
ington counties In this state. Wash
outs on railroad lines have interfered
with traffic and in some sections
trains are nt a standstill and a num
ber of cities and towns are cut off
from rail communication.
One death has been reported due to
the flood. In Calais , Mo. , and St.
Stephens , N. B. , portions of streets
were under water all day. Calais Is
without electric lights but there is an
ample supply of gas.
In Washington county , as well as
in Aroostook and Piscataquis counties ,
large damage has boon done in the
great potato growing sections. Other
unharvested crops have suffered se
verely.
TO BE GREAT SUFFERING.
Resumption of Work In Sweden Is
Delayed.
Stockholm , Sept. 30. The arbitra
tion undertaken by the Swedish gov
ernment to settle the dispute between
the employers' union and the Confed
eration of Labor has failed , chiefly on
account of the proposal to settle fu
ture disputes by arbitration. A renew
al of the general strike Is consequently
feared , but in any event the postpone
ment of the resumption of work will
entail great suffering on the 60,000
men still Idle.
LIVES WITHOUT A STOMACH.
A Brooklyn Man Is Now Cured of His
Troubles.
New York , Sept. 30. William Smith , f
who had his stomach removed three t
weeks ago In the Bushwlck hospital , ' 1
Brooklyn , has loft that Institution' 1
1c
thoroughly cured , the doctors say. c
There is no reason why Smith can- 1
not live for the balance of his natural s
llfo , according to the surgeons , and his j
only handicap will bo that he must cat t
nnthlnc nxcnnt urndlcostod foods.
HADARSUSPECTS
MUST FACE TRIAL
BANK ROBBERY CASE TO COME
UP AT THIS TERM.
EXPECTED IN PIERCE TODAY
The Iowa Supreme Court Denied a
Rehearing for the Hadar Bank Robm
her Suspects and County Attorney
Stewart Went After Them. ,
'
Sioux City , In. , Sept. 30. Unless
there should be unforeseen develop
ments , James Morrison , and Harry
Joyce will bo taken to Pierce county ,
Nebraska , to stand trial for the blowIV
Ing ' ' of the safe of the bank at Hadnr ,
Nob. ,
Notice has been received from DCS
Molnes that the motion for a rehearing
of the case , filed by D. II. Sullivan , atfi
tornoy for Morrison and Joyce , was
overruled by the supreme court. '
Charles II. Stewart , attorney of Plorco
county , at once was notified of the
action of the supreme court and Is
expected to Arrive this afternoon with
his deputies to take the prisoners back
to Nebraska.
, . John Van Wagenen , who with A.
Van Wagenen , has been assisting the
Nebraska authorities , said he believed
there would bo no further delay In
taking the men back to Nebraska. A.
Van Wagenen Is In Des Molnes , having
gone there on another case which Is
before the supreme court.
Mr. Sullivan has Intimated that an
attempt may bo made to take the case
Into I ; the supreme court of the United
States , but this is declared to bo Im
possible j , by the lawyers acting for the
state of Nebraska.
Morrison , Joyce and James Rlley
were arrested in Sioux City on Janu
ary 4 and later released. On January 1
18 the Hadar bank was robbed of
$1,900.34 and the three were arrested
In Sioux City again shortly afterward.
After a sharp legal fight which was
carried from the police court to the
district court , Rtley was released ,
while Morrison and Joyce since have
been confined in the county jail ponds
ing the hearing before the supreme
court.
County Attorney Stewart went to
Sioux City yesterday and Is expected
to return to Pierce this afternoon with
the Iladar bank robber suspects.
Judge Welch convened court at Pierce
yesterday.
BRYAN WON'T DEBATE.
Willing to Talk In Atlanta , But Docs
Not Want Debate.
Atlanta , Ga. , Sept 30. With regard
to the proposed join debate on the
tariff between himself and William J.
Bryan , at the Auditorium here , Senator - J
tor Bailey of Texas , sent the follow
ing telegram to the Atlanta Young
Men's Democratic league :
"I authorized my friends at El Paso
to arrange a joint discussion between
Mr. Bryan and myself and I under
took to do so but he objected on the
grounds that it would militate against
democratic success in the next con
gressional election. In view of that
statement by him I am not willing to
put myself Into the position of urging
him to do what he thinks would be
against the interest of our party , but
If ho should change his mind about
that matter and consent to the ar-
rnngoments you propose It would
please mo very much to discuss the
question of raw material with him at ?
Atlanta whenever It may suit his con-
venlence. "
The following was received here
from Mr. Bryan at Lincoln , Neb. :
"Engagements are made for my time
until November , but I shall bo glad
to make a tariff speech In Atlanta m.
some time In November or December.
Consider a debate objectionable , howc'
ever , for reason which I will rym- !
municate by letter.
"William Jennings Bryan. " , °
Ic
Slashed by Disc.
Sioux Falls , S. D. , Sept. 30. As the cl
result of an accident while driving a
disc , Roy Hawks , the young son of a
homesteader living near Owanka , had
n remarkably narrow escape from be
ing torn to pieces by the blades of the
disc. While riding on the disc , which
was being drawn by horses , ho lost
his balance and foil to the ground di
rectly In front of the wheels and disc
blades. The fact that the ground was
soft was all that saved him from be
ing crushed to death. When persons
nearby rushed to his assistance It was
found necessary to lift the disc bodily
from the ground In order to release
him from his position under the heavy
machine.
Tangled In Horse Rope.
Sioux Falls , S. D. , Sept. 30. If you
are leading a horse behind a buggy ,
do not lot the rope attached to the led
animal become entangled about your
feet. This is what happened to Will-
Iain Moore , son of David Moore , Unit
ed States commissioner nt Midland ,
and as the result of his peculiar acci
dent he was badly injured. The horse
which was being led by him became
frightened and dashed away , dragging
the rope attached to It from the buggy.
The rope become entangled about the
legs of young Moore and ho was un
ceremoniously dragged from the ve
hicle and thrown to the ground with
such violence that ho was seriously In
jured. Had he not been able to stop
the horse by strenuous efforts , bo
would have been draeeeil to d
SPINAL DISEASE SPREADING
Apprehension as Result of Epidemic
Is Being Felt.
, Serious apprehension is being felt
over the alarming spread of the spinal
epidemic which first appeared at
Stromsburg and concerning which
much has been printed in The News.
With the disease now appearing at
Tlldon , where schools have been closed
-
or the week , and with one death and
live other cases at Fremont , serious
apprehension Is felt. The death of the
14-year-old daughter of Iloss L. Hammond
mend at Fremont yesterday , after an
Illness of but five days , caused con-
stcrnntlon there. Dr. Martin of Fro-
'mont : told Mrs. J. H. Mackay of Nor
folk yesterday that ho had five cases.
Death of Louise Hammond.
Fremont , Neb. , Sept. 30. Louise Ad
elaide Hammond ; oldest daughter of
Mr. and Mrs. Hoas L. Hammond , died
at the family residence on East Mili
tary avenue. She was 14 years old.
The cause of her death was some form
of spinal trouble that was , swlft in Its
fatal effects. She was taken sick last
Friday , but her disease was not
thought to be serious until Tuesday ,
when she began to fall quite rapidly
and passed away Wednesday morning.
For several hours before her death
she was completely paralyzed.
BALLOON DROPS
INTO THE HUDSON
CAPTAIN BALDWIN AND HIS DIR-
IGIBLE FALL INTO RIVER.
MAN AND AIRSHIP ARE RESCUED
Tomlinson Got Away at 11:36 : and
Baldwin at 11:52 : In New York-Al
bany Race for New York World's
Prize of $10,000.
New York , Sept. 29. George L.
Tomlinson got away In his dirigible
balloon at 11:36 : and Captain Thomas
S. Baldwin at 11:52 : in the race to Al
bany ' for the New York World prize of
$10,000.
Captain Baldwin and his dirigible
balloon Cell into the'"iliidnon river off
Spnyten Duyvil crook , but both the
man and airship were rescued unin
jured.
WHITNEY MAKbS STATEMENT
Tells Why He Did Not Go Back to
Etah for Cook's Possessions.
New York , Sept. 30. The following
dispatch has been received by the
.
Associated Press from Harry Whitney ,
the New Haven hunter who arrived at
St. Johns , N. F. , by the schooner
Jcanie on its way homo :
"Stevensville Crossing , N. F. , Sept.
29. So many questions arc being ask
ed of me by different papers that I
desire to make the following state
ment through the Associated Press :
"My reason for not going back to
12tah after Dr. Cook's things was that
the engines of the Jcanie , one of the
smallest boats that ever went to the
arctic , were not working satisfactory
and ' we were depending paitly on sails ,
which later wo had to do entirely.
There was no reason why the Jennie
could ' not have gone back , but not
knowing that Dr. Cook's things left
with , mo wore of such importance as
they have since turned out to be , I did
not return.
"In addition , I had promised the Es
kimos who were with mo after
musk . oxen in Ellsmoreland certain
things which I expected on the ship
coming ' for me but they were not
aboard * the Jeanlo and I did not want
to return and disappoint the men. An
other reason was that I wanted to pro
long my hunting trip while was able
tf do so by not going back , but by
cutting across the sound from North
Star bay and following the edge of
the ice south.
"I do not believe either Dr. Cook or
Commander Penry , if placed In my
position , would have done any differ
ently than I did , nor would they when
started south for civilization , have
turned back. "
"I never had seen Dr. Cook until I
met him in the arctics. Ho told mo
he had been to the north pole and I
was pledged not to reveal this fact to
Commander Peary , but I could say
that he had gone further north than
Peary in 190G.
"Commander Peary , to my knowl
edge , knew absolutely nothing about
what had been left with mo by Dr.
Cook , except that I mentioned instru
ments , clothes and furs and also a
narwhal horn. Dr. Cook's belongings
left In my charge were placed In boxes
which wore nailed up. Then I saw the
Eskimos cover them with rocks.
"No one could hnvo boon kinder tome
mo or shown mo more consideration
than Commander Peary did when I
was on the Roosevelt. Ho said ho
would bo very glad to have mo remain
aboard and return with him , instead of
joining the Jeanle. "
( Signed ) "Harry Whitney. "
Cholera Epidemic In Korea. of
Seoul , Korea , Sept. 29. Cholera has
become epidemic hero , more than 500
cases having been reported since the
disease made its appearance. Thus
'orelirnora ' bavo bo
PEARY'S ' SHIP
REACHES GOTHAM
THE ROOSEVELT , FLYING PEARY
ARCTIC CLUB FLAG , ARRIVES.
IS IN TIME FOR HUDSON-FULTON
The Boat That Bore Commander
Peary In His Quest for the North
Pole , Reaches New York Harbor at
Daybreak Will Join Naval Parade.
New York , Sept. 30. With the flag
of Peary Arctic club nt her masthead ,
the llttlo steamer Hoosevelt , which
bore Commander Penry on his quest
to the north polo , entered New York
harbor today. It was barely daylight
when the lookouts described the ves
sel coming slowly. Few of the people
on the lower bay recognized the arc
tic steamer as she rounded the hook.
Off the point from the hook , the
Roosevelt gave three triumphant
screams of her sirenc and ran up the
Peary Arctic Hag at her masthead ,
then the flag of the New York yacht
club at her fore , and the American
ensign at her inlzzen.
Turning to a point off the hook the
Roosevelt headed Into the horseshoe
there within a half mile of Governor
dock.
Commander Peary's ship arrives In
the nick of time to participate In the
Hudson-Fulton celebration. She will
take part In the naval parade which
tomorrow will go up the Hudson ns
far as Ncwburgh.
Germans and Americans Win.
International aquatic honors were
captured by Germany and America in
Citl
the pulling races for the crews of
the warships now at anchor in the
Hudson. i : The brawney Teutons out-
stroked the Italians , British , French
and Netherlanders in the races for
the visiting ships , while the husky
crew from the Minnesota showed the
way to the Gorman , Italian and Brit
ish tars in the big International race
which closed the day's sport. On Sat
urday two British crews will s-jok to
lift the famous Battenberg cup wh'ch '
the Louisiana captured a year ago ,
' A Brilliant Banquet.
The vice president of United StatesS
and the governor of New York , the
personal representatives of the em-
peiors of Germany and Japan , the
diplomatic representatives of twenty-
live nations and the special delegates
of twenty-eight sat down to tables in
I ho grand banquet hall of the Hotel
Astor as the guests of the Hudson-
Fulton celebration commission. Th ro
wore oil leers of eight navies and the
admirals of four , n representative of
the United States senate in the person
of Elilui Root , member .of the New
York legislature and officer of the
municipality of New York. It was one
of the most brilliant banquets that
the country has ever seen.
Wright Flies Over Water.
Two hours after Curtiss completed
his ilight Wilbur Wright had his ma
chine taken from the shed and made
a flight encircling Governors island ,
sailing over the water and covering
six miles.
Wright made a bad landing , the
tip of one of his planes striking the
sand and sweeping the machine
around. No damage resulted , how
ever , and the aeroplane was replaced
on the starting track.
In starting Wright faced the west.
The wind was not as strong as when
Curtiss Hew. The aviator , after his
machine had gained sufficient speed ,
turned up his elevating planes and
rising headed toward the west edge
of aerodrome.
Turning to the left , he made a
wide sweep of the Held and coming
around to the southern end of the
Island , headed over Buttermilk chan
nel , going toward Brooklyn. As soon
as ho was out over the water ho
turned north and circled the island ,
being lost from view of the spectators
behind a clump of trees.
IIo re-appeared on the outer shlo of
Castle William and made a complete
circle In the southern half of the
aerodrome , before coming around n
second time very close to the earth.
When about to land the wing tipped
and whirled the machine around so
that it landed sldowlso on the skids.
After tightening the wires and
screws of his aeroplane and shifting
the starting rails so It faced directly
against the wind , Mr. Wright made
another flight during which ho crossed
the lower bay and passed around the
statue of liberty.
Files Again , 60 Miles an Hour.
IIo started on his ( light at 10:18 : and
finished In 6 minutes and 20 seconds.
While returning hero from the statuo'u '
with the wind behind him , he maden ,
approximately 50 miles an hour , mak-'R
Ing a successful landing. tl
SEIZE BLERIOT'S ' AIRSHIP
Management of Aviation Week Meet
Allege Breach of Contract.
Jolmnnesbal , Germany , Sept. 29.
M. Bleriot , acompanled by his wife ,
left hero yesterday , for Cologne with
the Intention of undertaking a series
r
flights In his aeroplane at that
city. He was one of the- scheduled
v
competitors of the aviation week here
g
and today the management of the t
meet seized the French aviator's mac
CONDITION OF THE WEATHER
temperature for Tweniy-four Hourm.
Forecast for NebrasK *
Condition of the wouthm n record
ed for the twenty-four hour * mullna
nt 8 n in. today
Maximum 70
Minimum , . . . 7G
Average Gl
Barometer 29.90
Chicago. Sept. 30. The bulletin Is
sued by the Chicago station of the
United States weather bureau gives
the forecast for Nebraska as follows :
Generally fair tonight and Friday.
AUTOMOBILE RACE
KILLS 1 , HURTS 1
ROBERT H. LYTLE , WELL KNOWN
DRIVER , BADLY INJURED.
CAR SKIDS AND TURNS OVER
Going at a Rate of Seventy Miles an
Hour , In an Apperson Car , the Two
Men Are Pinned Beneath the Heavy
Machine When It Tips.
Rlvorhead , Long Island , Sept. 29.
Herbert j II. Lytlo , one of the best
,
known professional automobile racers
.
in the country , was dangerously hurt
and his mechanician , James Bates , was
fatally Injured today in the Long
Island stock car races near Rlvorhead.
Bates died n short time after the acci
dent.
The accident occurred during the
early part of the race , while Lytlo and
Bates , driving an Apporson car , were
rounding a curve on the first lap of
the course , near the town of North-
vllle.
vllle.Tho
The racing automobile was going
nearly 70 miles an hour when it skid
ded and overturned , pinning both men
beneath. Lytlo was injured internal
ly. The mechanician's skull was
crushed and he received internal in
juries. Lytle , It is said , has a chance
to get well.
BROKE ALL RECORDS.
Race Which Cost Bates' Life and Hurt
Riverhead , L. I. , Sept. 30.-Tho
smashing of every existing American
record for automobile racing on the
open road and a spill which cost the
llfo of Mechanician James Bates and
serious injury to another , marked the
running of the Long Island automobile
derby. The event was a stock car
sweepstakes ail ) ( was run over twenty-
two miles of hitherto untried road at
the eastern extremity of Long Island
between Riverhead and Mattituck.
The casualties were caused by the
overturning of an Apperson car driven
by Lytle , as It neared an easy bend In
the road , two miles west of Mattituck.'r
Lytle shot clear of the car and land
ed twenty feet away on his back.
Bates , however , clung to the machine
and was crushed under it as it turned
turtle. Bates never regained con-
sclousness , and died an hour later , but
Lytle may recover.
t
TO TEST DIVORCE LAW.
.11
Claimed That It Is Class Legislation
and , Therefore , Unconstitutional.
Sioux Falls , S. D. , Sept. 30. The
state divorce law may have to prove
its constitutionality in the near future ,
as a result of a divorce proceeding
brought before Judge Jones.
The plaintiff in the action Is a wom
an prisoner In the. state penitentiary ,
and had nnt lived in Mlnnehaha coun
ty more than three months before
bringing her action. Involuntary resi
dence in the penitentiary does not
count in the eyes of the law.
The consequence was that Attorney
General Clark , who represents the
woman's husband , demanded that a
change of venue bo taken to the coun
ty in which the woman had formerly
resided. Judge Jones , accordingly , dis
missed the action for want of Jurisdic
tion.
tion.The
The contention of Sam Wright , the
attorney for the plaintiff In the capo.
Is that the divorce law of 1907 ,
which was submitted under the refer
endum of 1908 , is class legislation , and
therefore violates the fourteenth
amendment to the federal constitution ,
and of section 18 , article (5. ( of the state
constitution , which reads as follows :
"No law shall be passed granting
any citizen or class of citizens or cor
poration , privileges or Immunities
which upon the same terms shall not
equally belong to all citizens and cor
porations. "
There Is now a case pending on ap
peal In the supreme court of South
Dakota , which challenges'tho constitu
tionality of the present divorce law , al
but Sam Wright stated yesterday that
appellate proceedings were usually
slow and the suggested procedure In $
the case now being pushed by him ,
would probably result In an earlier de
termination than would come through
the case now pending on appeal.
The divorce case referred to may bo
made a lest case.
a
Shooting Affray at Hay Camp. It
Sidney , Neb. , Sept. 30. At the hay
camp of George Hnmo , located twelve
miles north of LIsco , on the Rlcherson
ranch , Lewis Stolz , a haymaker in
Hume's employ , shot and seriously
wounded Henry Busky. The trouble
started over an old feud between the
two parties. The sheriff of Douol
county has gone to the ranch to op-
OMAHA STRIKE
AS BAD AS EVER
PASSENGERS DRIVE CAR CREW
OFF , RUN IT THEMSELVES.
AK-SAR-BEN ATTENDANCE HURT
Attendance on Opening Day Is 45 Per
Cent Less Than on Same Day Last
Year Attempts to Get Truce During ;
Festival , Meets with Failure.
Omaha , Sept. 30. All efforts to
bring about a Holtloinent of the street
car employes' strike by arbitration
have so far boon Ineffective. Last
ovenlng fifty business men of the city
called upon President Wattles of the
street railway company and urged him
to agree to some plan of arbitration
representing to him that" the present
situation Is Injuring business. Noth
ing came from the conference.
A statement by the management of
the Ak-Sar-Ben festival which opened
yesterday , shows that the attendance
was 45 per cent less than on the
opening day a year ago. This Is re
garded as wholly duo to the street
car strike.
Last night a riot call cnmo from
the Ames avenue car barn. A sheriff's
posse ( was sent In answer. It was
found that the crew of a car had re
fused to carry a load of residents of
the suburb homo after collecting their
fares. The passengers drove the crew
off and ran the car home themselves.
The car men walked back to the
barn and cut in the riot call.
It Is reported that the crew of a
Dundee car used similar tactics an'i
succeeded In collecting a second faro
from the passengers.
NIGHTRIDERS BREAK LDOSE
Kentucky Farmer Is Given Thirty
Lashes for Standing Pat.
Paris , Ky. , Sept. 29. There has
been n fresh outbreak of nlghtrlders
irsi the blnegrass country according to
statements made today by Judge J.
J. Osborne , of Cynthinna , who passed
through here In connection with hla
duties. At tbo farm of T. 7. Me-
Dowel , who had steadfastly refused
to ' join the pool of tobacco growers ,
McDowell was taken from his homo
|
last ! Thursday night , stripped to the
waist and given thirty lashes. IIo
was then ordered to be in Brooksvlllo
the : next day and sign over his to
bacco or suffer more severely. Ho
complied with the request.
Saturday night labt , acordlng to
Judge Osborne , a band of about fifty
mon rode through Milford , a small
town t ( , shooting out lights and break
ing up a political mooting that was
in ' pi ogress.
BEAT JAPS AT BASEBALL
University of Wisconsin Team Defeats
All Tokio Nine.
Tokio , Sept. 29. By the score of 8
to 7 , the University of Wisconsin base
ball nine won today's game against
the All Tokio team.
Banker Gets Five Years.
New Haven , Conn. , Sept. 29. Fred-
e/Ick II. Brlgham , former bookkeeper
of the Merchants National bank o
tills city , who was indicted by tlio
federal grand jury yesterday for ob
taining $92,000 of the bank's funds ,
and of making false entries on the
books of the bank , pleaded guilty to
the second count before Judge Platt
today , and was sentenced to live years
In the federal penitentiary at Atlanta ,
Ga. Brlgham Invested In stocks com
monly classed as "wild cat , " thous
ands of shares of wlilc h had only a
trivial market value.
President Tired Out.
North Ynltinm. Wash. , Sept. 29. Ar
riving here soon after 5 o'clock this
morning , President Tnft slept until 8
o'clock and then broke fast on board
his private car with Governor Hay and
Senator Jones of Washington as
guests. The president was pretty well
exhausted after his hard day In Spo
kane. After a number of rides through
the famous apple orchards of this sec
tion , the president made a brief speech
during the forenoon and had luncheon
with the citizens nt 12:30 : o'clock. Ho
left at 1:45 : for Seattle.
BOLD BANK ROBBERY.
Highwaymen Cover Clerks and Loot
Safe During Office Hours.
Glenwood Springs , Colo. , Sept. 30.
Two men entered the Citizens Nation
bank In broad daylight hero and ,
after holding up the clerks , robbed the
safe and escaped on horseback with
$10.000.
Selecting a time when Vice Presi
dent K. 13. Drach and other officials
were absent , the men entered as If
they were customers. While one man
covered the clerks the other leisurely
robbed the safe and cash drawer. At
late hour n posse was in pursuit , but
was thought the men had gone over
the mountains.
Balloon Travels Long Distance.
St. Joe , Sept. 30. A government
balloon Font up by the weather bureau
from Bluoinoni , Va. , landed at Rock-
port , Mo. A device for recording the
temperature and the altitude waa in
the basket of the balloon. It was eont