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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 24, 1905)
The Omaha aily Bee. OAKS CROW FROM ACORNS BEE ADS BUILD BUSINESS BIG BUSINESS OR LITTLE BEE ADS WILL BOOST IT. OMAHA, FRIDAY .MOUSING, NOVEMBER A .JWW-TEX TAGES. ESTABLISHED JUNE 19, 1871. ' SINGLE COPY THREE CENTS. 1 MOTION IS DENIED Oonrt Refusei to Diimlu Charges A(tint United 8utei Senator Barton. QUESTION OF JURISDICTION IS RAISED Counsel Bars Crime, if Any, Was Com mitted in Illinois. .- v , JUDGE TAKES BROADER VIEW OF d Re Hold that the Contract Was Oodi mated in 8t. Louie. GOVERNMENT SPRINGS A SURP Prill of Another Investment eern, gays Senator Sonant Eml. cat with Hlaa la Looking After Mkt Affairs. g T. tOt'18. Mo., Nov. JSI.-ln a lengthy txtempore opinion, I'nited States Circuit Judge Willis van Devanter overruled a vr.otlon to dismiss all the counts In the in dictment against United States Senator Jlalph Burton, charged with having agreed to accept and having accepted, compensa tion to act as an attorney for the Rialto Grain and Securities company before the Postofilee department at Washington, which was filed by tbe defense Immediately following the close of the government's ( ne today. Judge van Detailtet Mild that the dtfllii tlon of the word "agreement-' bore per tinently upon this contention and went deeply Into both the legal and commercial meanings of, tbe word. He held that the agreement was not consummated until the representative of the Rialto company, who had conducted the negotiations with Sen ator Burton on the train en route St. Louis lo Chicago, had returned to St. lxiuls and Senator Burton" proposition had been accepted by the Rlulto compuny. Attorney Lehmann had held that the mere agreeing by Senator Burton to accept compensation was all that he ithe defend ant) was accountable for and ' that that had occurred In Illinois. Judge van .De vanter then denied the motion and allowed an exception to the decision. One of the most Important witnesses brought forward by the government was . placed on the stand today and the testl- I mony adduced was regarded as very dam aging lo Senator Burton. The witness, Charles, P. Brooks, did not appear at the former trials. His testimony was to the effect that Senator Burton had been Intro duced to him on the recommendation that I employ the senator, who would, it was mated, be a valuable man for him In the light of a pending Investigation by the roetoBlce department Of an Investment concern of which be was the president.. Uoveromcnt Springs Kirsrlie. ' , The government sprang a surprise In the trlxl of Senator Burton by introducing as a witness today Charles II. Brooks, former j'teKldent of the company which 'waa the , i'tedertyiox of, the RiHo company, the ' NaMomrt Securities company. Brooks .testified that a conference be tween Senator Burton, R. 11. Kastor and himself, Senator Burton was introduced by KuMor, who said tlw senator waa willing in represent the Nstional Securities com pany. Rrovks ssld ho did not see how the senator could be .f any use to him. Kastor replied," continued the witness, here la the man, pointing to Burton, who defeated your light against Msor Dennis, president of the Rialto company! by pre entlng the Issue of a fraud order by the ivstofftee department." "t replied that In that case it might be well Uv emplf' Senator Burton, as Kastor assured me that all speculative companies in St. Ixiuls were under Investigation ana that trouble might be made for me. 'There was some general discussion be tween myself and Senator Burton aa to terms and other matters, but no definite arrangement was reached." The government also brought out the fact that Brooks Is now awaiting a decision In the court of appeals on hla conviction on charge of conducting a scheme to defraud In connection with the National Securltlea company- On cross exsmlnatlon the de fense attempted to show that the testimony of fcrooks was secured by certain promises of immunity made by the federal authori ties. Brooks denied this. Defease Ready to Heat The government then agej permission irom Judge Vanderanter to Introduce ono absent witness upon his arrival in tne cn, and With this exreptlon Colonel Dyer an nounced that the prosecution had completed its case. Judge Vandevanter ruled that If the wit ness wa on band at the reconvening of court at p. m. he could be heard. Thomas B. Harlan, former attorney for the Rialto company, was questioned by Dis trict Attorney Dyer regarding two letters written by Burton to Harlan and turneJ over to Senator Burton by Harlan after the first indictment against the senator. Harlan testified that they were destroyed, and In cross-examination he testified that tbe contents of these letters were entirely eronal and contained no mention of ths Rialto Grain and Security company. The first witness today was Hector C. McRea, former comptroler of the Rialto lira In a rtrl Securities minninv. who testi fied that he was Introduced to Senator Bur- ton In the office of Vice President Mahaney of tbe Rialto company on March St. 13U and was told by Mahaney that the senator had tendered hla resignation and severed his connection wun tne company. Wltneas said Mahaney told him Senator Burton had been paid to date, and in view , of the fact that there had been nothing I , ,, doing for some time past and that every-) LAWTON. Okl., Nov. a. (Special Tele thing had been cleaned up In the PoatoftVe t gram.) A storm sttuck two miles and a department, that the senator fell lie was . half northeast of Hastings, Okl., this aft not earning his fees. ernoon. In which Mrs. E. B. Ferguson was McRea also quoted the following state- ! Injured about the head and arm and other ment. which, he testified. Senator Burton ! wise cut with glass, from the effects of made In his presence: which she may die. The home of W. H. "Before leaving Washington I (Senator Phlpps, In which were herself, the Phlppe, Burton) visited the department and there E. H. and J. II. Ferguson families, was learned there were no complaints against turned completely over. It was In this resl- tlie Rialto company. ' ttueatlea of Jurisdiction Raised. immediately iiivix the reconvenlna . of court todsy after the noon recess Attorney lx-hmann. leading counsel for the defenae. questioned the Jurisdiction of the court In regard to counta Nos. I. 2, and I of the Indictment, which charge that an agree ment was made to receive compensation within tbe limits of the eastern district of Missouri, and alao asked that the other counts, which charge that Senator Burton accepted eompenaattpn. be dismissed. Attorney Lehmann divided hla arguments Into two parts, the first taking cognisance uf Jurisdiction. He resisted the testimony of Witness T. B. Harlan, who described his conversation with Senator Burton while within the boundaries of Illinois while on a train en route from St. Louis to iL'unUP.fl 4b ' eoju. -'i.J ZEMSTVO BADLY DIVIDED i Conference lotra la Support Hlttt on Coadltloa of Kraut of tal- MOW'OW, Nov. 23.-By a scanty ma jority nf twenty the zemstvo rongress to day accepted the first sections of the pro gram drafted by the executive committee declaring the solidarity of the congress with the principle of the Imperial manl eato of October and assuring- the gov- frnment of the support of the majority of Ihe semstvos and municipalities In carry- Ing Into effect the liberties promised by the manifesto, but laying down aa the sole means of guaranteeing the authority of the douma and restoring order In the country. the election of representatives by a gen eral, direct and secret ballot and the for mal grant to the first douma of power to elaborate a constitution for the empire. The friends of Count Wttte on the floor made a stout fight against the provision for a direct ballot, the one concession which the premier considers It impossible to grant, but this provision was carried over their heads by a two-thirds majority. The resolution In its final form Is sub stantially the .unit as cabled yesterday. The committee to which It' was referred for further consideration made numerous oranges In the phraseology, but little change In the substance, except the Inser tion of a demand for the Immediate aboli tion of martial law In Poland as among the measures deemed to be Imperative before the convocation of the douma. The congress also Inserted, at the sug gestion of the committee, a provision sub jecting all ministers except the court min isters, to the responsibility of the cabinet, M. MulikofT explaining that with the minis ters of war, navy and foreign affairs ex cepted from responsibility, not only could war or peace be decided without consulting the premier, but the minister of war could declare martial law In any section of the country without consulting his colleagues. The committee rejected an amendment proposed by Prof. Kovalevsky for the crea tion of a committee of zemstvolsts to act In an advisory capacity with Count Wllte until the meeting tif the douma. LAND CASES IN MONTANA Government Brings Salt to Annul Twenty-Five Patenta Alleged to B Frandalent. g-p. PAl'L. Minn.. Nov. 23. A special to the pioneer-Press from Helena, Mont., says rnited States Attorney Rasch has instl- tuted In the I'nited States court an equity suit against a number of Montana corpora tions and Individuals to set aside patents to lands secured upon what are known as Hyde and Benson forest reserve scrip. There are twenty-five patents In all. In volving between S.000 and 4.00ft acres of land, located In various parts of the state. The I'nited States Is plaintiff and the de fendants are Hyde and Benson, the West ern Lumber company, owned by Senator W. A, Clarke: the Rlaekfoot Milling com- PHny, owned by the Amalgamated Copper company; the Conrad Investment company, owned by W. O. Conrad; the Riverside Land and Stock, company; school district No, 11.' Fergus county; former. State Sena tor S. flnbson of Fergus county; Anna D, Huntley and others. Hyde and Benson jir under Indictment for Illegal action In connection with the creation of forest reserves In California, the government slleglng that by Improper methods they brought obout the creation of forest reserves In California to Include lands they already owned. They are said to have secured scrip for such lands ami to have sold the scrip all over the west through Washington parties. Patents for lands owned by the defendants In this suit were received upon the Hyde and Benson scrip and it Is on allegations of fraud that the government seeks to hsve the patents set aside. The bill of complaint makes some senst tlonsl allegations relative to certain parlies In connection wtjli Hyde and Benson scrip operation In Montana. ADDRESS BY BARON ROSEN Rasalaa Ambassador la Principal Speaker at Meeting; of Academy of Polltfcal Science. PHILADELPHIA, Nov. 23 Before a dis tinguished audience of educators, other prominent men and women of Philadelphia, and specially Invited guests, Baron de Ro sen, the Russlat. ambassador to the T'nite, Htatea. appeared on the public platform to night for the first time since the csar gave freedom to the Russift-.t and expressed his great faith In the new era on which his country has entered. The baron waa the principal speaker at he Academy of Political and Social Scl enee, the general topic under discussion bemg: "America's Industrial Opportuni ties In Russia." Scattered through the audience were men prominent In Jewish circles, professional men and several Japanese. The other speakers were Herbert H. I. Pelree, third assistant secretary of state: Charles Emory Smith, former minister to Russia, and Con gressman Robert Adams of this city, a member of the foreign affairs committee of the House of Representatives. The Russian ambassador -was most cor dially received when presented by Prof. F. 8. Rowe of the I'nlverslty of Pennsylva ! nl president of the academy. ; SEVERE STORM IN OKLAHOMA , . Woman Probably Fatally aad Six Children Are Serloaaly Injared. dence that Mre. Ferguson received her to Juries. Six children of the families were 'nJure' 'n this house, but none serf i oulj"- Bev"! houRf.. were .destroyed. A J do nlour of r,n accompanied the wind. VIRGINIA ' IS A FAST BOAT .New Battleship Makes lO.wt Knots aa Hour During Its Official Trial Trip. BOSTON. Nov. .-The battleship Vlr- glnla completed Its official tests today In a tour-uour endurance run down the coast during which It sllgbtry exceeded Its contract speed of IS knots an hour by maintaining an average revolution of Us propellers of 13 i a minute. The speed today, as announced by the trial board. waa u.vi auovs aa ikur. WORK ON RAILROAD BILL Senate 1'eaiure Will Contaia Other Pro Tiniona Besides Rite Begnlatioi. ELKINS M4KES NUMBlR OF SUGGESTIONS Trunk 1,1 nea Are to Be Required to Firnl.h Better Facilities to Latteral aad Smaller Roads. .,. !. " WASHINGTON, D. C Nov senate committee on Interstate commerce today continued the discussion of measures relative to amending the railroad laws. There were many- Ideas expressed, but no development of Importance. Senator Klklns, chairman of the committee, occupied much of the session In making suggestions and discussing propositions which he thought J ought to be Incorporated In any bill that may be reported. These suggestions were numerous, and would mean quite a lengthy measure aside from regulation provisions. 8enator Klklns did not bring forward the pooling proposition, but Intends to present It later In some modified form, so that there may be freer traffic among rail roads. One particular point made by Senator Klkins looked to compelling trunk lines to afford better facilities to lateral lines and small roads which are compelled to use big roads to reach a market. The better man agement of the private car lines, so as to meet the demands of shippers, an amend ment of the laws bearing on terminal com panies and terminal charges also were sug- gesled. There was a great deal of talk by other ; members of the committee, and during the : noon. ! Mlstern Millions for Canal. ! It was stated at the War department! today that while congress would be usked to appropriate a total of $16,000.(100 to meet the needs of the Panama canal works to June next, it Is not expected thfit congress will appropriate It In a lump sum. What Is expected by the canal officials Is that congress will pass a bill making a liable a portion of this amount to meet the Im mediate wants of the commission, l,ecaus it was said congress would probably In vestigate to learn how the money already spent had been used before appropriating the full tlS.000.000. Report oa Canal Level. The Board of Consulting Engineers of tbe Panama canal met today to add the finishing touches to their work and com pare notes on which to base the majority and minority reports which will embody the views of the members upon the sea level and lock projects. This was neces sary because the foreign members of the board have arranged to sail for F.urope on November IX leaving the compilation of the preliminary reports In the hands of the American members, subject to tbelr perusal and amendment at a subsequent meeting to be held probably In Brussclls. Postal Deficit Fifteen Millions. Tbe annual report of the auditor for Ihe Pnstofnre department for the year ended June 1H.1. shows the fiscal operations of the department to hsve been as follows: Revenues of the postal service, IIM.RS.jS.V, expenditures of the postal service, $lt7.. JtO.lSS; total amount of money orders Issued, domestic, tol,(im.2H; foreign, t2,5"3.:t',; total amount of money orders paid, domestic, HU.r.4,!74; foreign, I7.150.SX9; total, I1.17S,- 130.879. Coat of luangrnratlon. To Inaugurate Theodore Roosevelt presi dent of the I'nited States last March cost $I45.I!I1, a greater sum than was ever spent ! for any previous Inauguration. The details Of this cost were made public today in a report by General John M. Wilson, chair- man of the Inaugural committee. Notwith standing the large expense, the committee has turned over a balance of I4.M0 to the Auditorium association, an organization formed to erect a, building In which to hold future inaugural balls. General Wilson strongly urges the erection of such a structure. llyde-niamoad Case Poatponed. The hearing by the criminal court on the demurrer filed In the Hyde-Diamond case. In which fraudulent land transactions on the Pacific coast are charged, which was set for tomorrow, was today postponed for two weeks. ASSAY CASHIER ARRESTED fieorae K. Adams of Seattle Office Acraaed nf Mealing; a.t.t.lMH) Worth of Cold Dust. SEATTLE. Wash.. Nov. 23-Governor Edward Adams, for seven years cashier of the I'nited States assay office In this city, Is under arrest, accused by secret service officials of the theft of S35.000 jn gold dust, to which he had access In his official capac ity. Of this sum $12,000 was taken from Adams' person by Secret Service Agent ! Connell, who has been at work on the case for several weeks. Mr. Connell claims that Adams has made a practically com plete confession ,that he has abstracted rnnre than tnn.OOO from miners' pockets since June last and substituted sand to maintain the weight. Adams was taken before I'nited States Commissioner Klefer this afternoon and held In $30,000 bonds to appear for preliminary examination on Friday next. Adams made no statement other than to demur as to the amount alleged to have been taken. Secret Service Agent Connell, on the witness stand, testi fied that from the result of his Investiga tion and examination of Adams' accounts he had reason to believe that the shortage would exceed $35,000, LAND OFFICE CORRECTS A MAP lalted States Will Longer Be Designated! Owner of lale of Piaee. WASHINGTON. Nov. 3.-In the new map for 190S. Issued by the general land office, the little dot of land lying off the coast of Cuba and known as the Isle of Pines will no longer have the letters "U. 8." following Its name. This decision hss been reported by the general land office, which, since UQ0 has designated this bit of land "Pips Island" (U. B ). Tbe official maps have bad the Island Indicated aa an American possession for over four years. Frank Bond, chief of ths map division of the general land office said today that the letters "V. S." had been placed after Pine Usland by mistake and that ths error would be rectified on ths new maps. There Is now pending In ths senate a treaty formally tftrnina: over Ute g laiaaU to U.e sepubllc of, Cuba, nuernoon me cscn-iownsenci Din was up j printed In Italics. This report was sold to , ncw and oI(1, an(J frequently In the course ... ,.. for comment. It did not seem likely that ' some Insurance conqw ies for tW a copy. of le evenln old familiar tunes rung out 1 t . 7 T""0"- lZ this measure would be made the basis of , The volume was copyrla'.ted to prcvenfthe llt lhe llUervuIl, between the npneb I 18:'',ts.1" " ,7 u n Jl".. .!! action by the committee, as several mem- publication of the testimony In the work. ..Qoodbj.,. My niuebol!." was sandwiched j for tnV ,;; ", rnld Shedd was I bers have made drafts of measures which e denied also that !.o had ever made, j , 1)etweB11 a nd Columblsli ;,''";'!,;, S obraVk. they will present for consideration. The I arrangements with instance companies to ; le Gem f ,.Murvl4ina. My hJ.it "t , nh' " h;Nban committee will meet again tomorrow at stop the publication of his book. "I just . MiiryUind,.. K0Va liU.e t "Murchlnir l.-t.Tf MANNING TELLS OF CONTRAC . V Drpew'e Rantankerana Frlesd Hare . e .. I-.. ir., for pr- v NEW YORK. Nov. 13. -It w. late in the afternoon when Mr. Hughes, counsel of the legislative Insurance committee, called to the witness chair William S. Manning of Albany, N. V., referral to In letters ad dressed to John A. Nichols by Senator Depew at a previous session s "the rnn tankerous friend up the river." Mr. Manning was , the most Interesting witness of the day and was questioned closely by Mr. Hughes as to Ills connection -.1,1, .f l...n II.. ,l,.0 hla vnrli ror various companies for many years and ,0 ,h "'imber of 150 gathered at the ban came gradtmllv to tbe time when he took j t,uet board at the. Her Grand hotel last up Insurance work in Albany and. as he ,"'nt nl listened to a program of wit and testified, was paid t a year by John A. eloquence. The meeting was graced by the Nichols "to protect 'life Insurance Inter- presence of George H. Peck, president of ests, always In the Interests of the bust- i 1118 American Bar association, who was np! mit not ,n ,,-leterent of the odlc- ! After several .-ears he said this ( amount was reduced to lam. iu did not j know where Mr. Nlclio'.s was getting the The feast was in the long banquet hall I " returning railroad rate legislation money and had never Inquired. I of ,nf ,l"r Granl. whose nine big tables ' ' noticeable among the members of the He denied thnt he had ever received were laden with plenty and handsomely I ''('""nlssion than characterised these self money from the Kqultable Life Assurance ! decorated with carnations and roses. Presi- ! "'"' Seiulemon when they adjourned early society. When ills fee was reduced, how- dent Ralph W. Breckenrldge of the Omaha '"''" f"mmer S"nator Millard has an Idea, ever, he understood fiat the Kqtiltable, Bnr association and President Peck of the m' "cation or u new cabinet position the Mutual Life and the New York Life national association, together with General : 10 , known ns secretary of transportation l.dd each paid $U and that the reduction : C. F. Mundcrron. John, I Webster. Judge'1 ""s ab"ut the changes desired by was due to the fact that the New YorkjRoscoe Pound and others of the most dls- I People. He believes that If such a Life had dropped out of the agreement. tinguished members of the Nebraska bar. I ' ''O!"ltio'' ',re created It would ef- An interesting part cf the testimony was j were at a table In the center of the room. I '''lively put u stop to the present discus reached when Mr. Hughes inquired con- , The menu was so exhaustive of the good ! " , "v,'r vatps '4n,1 ( t tlM country back cerning the state Insurance investigation things of land and seU that there was noth- ! nori1"1' attitude. The senator frankly uf 1S77. Manning said he acted as an cX- Ing left to wish for. Th menu card and i , "'y ' l'omrnlt,(,e pert there and found that the reports of program rhret was very artistic and em- ! " , , , to. t,,c l,r"Jtot- m,t he Bol"B i the nrocecdinas were "narbled and Uil- I. ,' .. ., ... ' , ., ' i ii up. l ie icsuucu ioa- ue crtuivu ; I ..I e v. llnta frnm lllA I 1.. official stenographer and bad a volume. n..in:e,i iho oI1, m1 rarbled lmi is being : gave t up." he said, when Mr. Hughes In- i quired. The committee adju.irned. while Mr, Manning was on the stand, until 4omor- row morning, Karlier in the day O orge U. bhiriuge. vice president and actuiry'of the Mutual Reserve Lire Insurance company, was on the stand for a short time.. HAXt'K HKARIVO AIJ.IOl HS More Witnesses to Be Examined Some Time In December. " PIERRE, S. D., Nov. 23. (Special Tele gram.) The Investigation of the violations of the anti-compact Insurance law was completed as to the witnessed present to day ond an adjournment taken to the 11th of next month, when one or two other wit nesses will he examined as to the St. Paul Fire and Marine Insurance company. W. M. Black of Des Moines.) western manager for the Connecticut FM-e company, who made the complaint. ws placed on the stand and testified thsl ; several of the agents of tliat conrpunJ had relinquished their agencies for the rosipdny on account of pressure brought to; inr by. the union .companies, but his .te Wnwij;.-wr-In the way of conclusions, as to the Cause of such nc ion. he, not being .able to give direct instances. There will be no action by the depart ment unill after the next hearing and Hie J transcribing of Jhe testimony, which v 111 be probably about th middle of December. NEW CHARGESJN NEW YORK Hearst's t.njr Claim Votes Are Found Which Were ot fonnted for lllni. NEW YORK, Nov. 23. John Elder was held in SIO.OcO ball today, charged with Illegal voting and perjury, and James Gnl- latthnf n-u hM In t:". ft fl Kail ..I I T "'"'""" n a enarge " .. . ,. ""'" lawyers of perjury. W. R u , V ' , . . . T " '"uno In the one election district of the Twentl cth assembly district which should have been counted ior Hearst ana were not. Two sentences for illegal voting were passed today by 'he supreme court. Thomas Halle, who cnnf'sed that he voted ..... . received an Indeterminate sentence of notjweai,h. Mr. Brome's reference to "a man less than a year and ten months. Tile I who was here when the cornerstone of the same sentence was meted out to Thomas rty was laid" brought forth cries of D. Brennan, who pleaded guilty to voting J "Wakeley. Wakeley." In conclusion he on another man s name. Both men voted j paid an eloquent tribute to the country in ine J nira aweenioii ui-mu-i. In many of the districts canvassed by the board of canvassers of the New York county discrepancies were found today and the Heart-t representatives claim their can- didate gained more than 1M votes. This gain was disputed, however. The can- ......... .-a rr,,iurlnr tnlli- alieeta with the police returns. Petition, for recount . ZuZ", product .T non".,"-.;"! "south- , M ""fen-nre of the centennial commit of many districts may be based on this etn soils and climates. In It more than t',' representing the church at large, ami car.vass . In the examination of disputed ballots before Supreme Court Justice Glegerlch today In the Eleventh assembly district it was found that there was a gain of twelve votes for Mayor McClellan, eleven for world equipment and conditions are lu ll ears t and five for Ivlus. J calculable. The commercial forces of the world have leen knit together by their ' . .. 1 financial systems. And the facilities for RIPLEY ON RATE REGULATION;;;?'" nta Fe President Says Roosevelt Propoaea No Real Remedy for F.tIIs Complained Of. LOS ANGELES, Cal., Nov. 13 President E. P. Riplev of the Santa Fc railroad, who t "' Nebraska t.-lay is creditor or the com . . . . , , , . , . nionaealth of Massachusetts. arriveq in i.os Aniira toutty, sum regaru- Ing the rate legislation: in regard to Piesident Roosevelt's atti tude toward Ihe matter of railroad rate legislation, my opinion does not differ radically from that of most railroad men. "I will say. in the first place, that I think the president without question Is sin- cere in his opinion on the matter, as in all others, but at the same tm. I think he Is aa mistaken aa he is sincere. There Is a good deal of hysteria afloat in the country that Is not based upon aa much knowledge or as much sincerity aa the president possesses. "What he proposes Is. In my opinion, no remedy for the evils that he says exist. There mav be evils and there may be .,aai. foe them, but I do not think President Roosevelt has struck upon the right one " DOUGHERTY T0PLEAD GUILTY Former superintendent of Peoria Schools Concludes to Take His Medicine. PEORIA. Ill, Nov. a. Newton C. rHigheriy. former superintendent of Peoria schools and now In Jail on the chaige of embezzling several hundred thousand dol lars of the city's money, today told his attorneys that he would pkad guilty to the charge of embezzlement. It Is expected that he will be taken lulu couxi tumor- irow tor that yurpesa, LAVYERS FEAST AND TALK - )undred and Fifty Auend ABnnal Banquet of Nebraska Bar Association. r - v Thursday v ' " R1-fenclng caj; fljXE CN Trlfc PROGRAM T ' us" Principal AtMrees of Evening" Deliv ered y Charles J. Greene on "The March of F.mplre," a Brilliant Trlbate to the West. . . Member of the Nebraska Bur assoclu'lon accorded first place on the program, ami '' contributed on several occasions to j the success of the event. helliKheri with comt-tlnn. fmn, the , ,, .. .. ' especially aiipncaiue to me lire or tne President Breckenrldge had furnished an I .i,rta,r. ,.t ,., i . I Through Georgia." In all these songs Mr. , Rre kenrklge led the forensic hosts, heart- j Uy seconded by President Peck amf Voscoo j Pound. V Session Holds Ijite. The banquet began at 7:30 and It was al most midnight when the lswvers went i away, for after the arranged Drosram. ! which lasted until 11 o'clock, the asso ciation called for addresses and stories from General Manderson, Judge Wakeley, John L. Webster and others who had not lieen placed on Ihe program. Ralph W. Breckenrldge presided as toast master. He first called for a solo from Ruscoe Pound. Judge Pound rose to his feet and sang "Dives and Lazarus," a song which proved so funny that It was impossible to go on with the program for several minutes on account of the applause which ensued. George R. Peck was then Introduced. He appreciated the cordial welcome, he said, which had been accorded him by the men of the profession In Nebraska; he had lived In the west and knew tlio breed of men raised beyond the Missouri. The country .west of the Missouri he npokn of nir ha vjp.gjl,i:njnji..lhtt -J at the, tnuu-dl l'l llir JIHIIOII. i E. C. Calkins of Kearney, the ' newly elected president of the association, made n few brief remarks in which he ex pressed his appreciation of the honor con ferred upon him. "Th State of Nebraska" was the subject of the toast responded to by Congress man J. ,T. McCarthy of the Third congres sional district. "The reputation of the Mste must depend on Its men and women, nd those of Nebraska compare favorably with the men and women of any state in the union," said Mr. McCarthy. "The men of this state are of such caliber that if the entire congressional delegation were struck by lightning you could pick from Ihe very cornfields congressmen Just as good." it. (.. Brome. president of the in.,,h. H:ir aSHO,.a, (on, talked of "The Omaln ,Ir ,,.,, vriiUU and "'Mractrng social environment had not in- '-,terfered with the progress of the Omaha j lawyer In the last liftv years. They had come from other states and from across the sea. bringing with them the education and the movb.g spirit of their native lands n?,r" "I"' Pa." ,n ,h- UI" imiiiiiiiik oi i p Kreir VPN pm eittn- Inwjer of the state. March of Fin pi re Westrrard. Charles J. Greene delivered the principal addiess of the evening on - The March ! of Empire." He said iu part: I From the Mississippi river west -. 2.i10.("0 square miles of trritorv. the ran ire I ""." people nave made their homes l7'T.'""LLn 'A" .L'"SI V ,'t 1" r.enelrated snri ImverKeH hi Dr., t aOmu,, systems whose lines aggregate more thaii fsi.oflit inllea-nearly half the railway mile- age of the I'nited States. I Ita Krtvnnt!,cr..H in I h& ,,i3tln, r.f .1, Ing peoples and races In the bonds of com mon interest. The working capital of the world la already augmented beyond the leginmaie aemanas or tne times, ana the agricultural and mining products of the west constitute the foundation of the na- tion s prosperity. are no lonaer hor- 1 rowers from the cart. Indeed, tiie stato The supreme fact Is that the empire of the future demands something more than men at so mucn per head, something more than tangible things than lands, and ! storks and bonds-some! hlng more th,.n ', civil forms and Institutions and cummer - I clal and Industrial organizations and JJI.1 irde'managr'morh'.r.'fi: j B return of the age of Individualism: tUe ag of stalwart men and women, who can El;? who care nothing for expediency or com- , promise where great principles are Involved and who with stern and linpl:icahln wrath shall refuse all terms and conditions whose existence constitutes a menace to every aspiration and hope bound In the weltare of our country: an age In whleh men and women shall dare to live by the faith, which kindled the hopes and Inspired t he ; sacrifices or tnose wuo nave made our 1 history heroic In their conflict for the republic. Demands of the West. -e V. ur.nlA m-1 1 rt , 11 ' 1 r 1 v tha lran.ml.,1. , II"- - - ' ' -' ,,-,- , sippl valley are by accident and environ ment true uiKcipies ana apoaiies 01 dem ocracy. The wide spates, the mountains, thu plains, the majestic rivers and the mystery which broods over all, are vocal with its songs, for in the divine plan the liberty of each unit Is perfect In Its own sphere. The commotions which from time to time disturb t lie peace of the west are m.n,iv t h iirotests which a vltforoutf ami Keif-reliant individualism makes against communities towards Inequality and Injun me inrviiauic ... t ,m K1 "a ' rem-. lire. The shibboleth of the west is not equal conditions, but equal rights. It demands an equality which rcogi,lxes the Individ ual, and a oivil state, and civil institutions, and civil administrations. which shall (Continued oa Stroud I'ae NEBRASKA WEATHER FORECAST Fair and Much ( older Friday, Satar- Hay Falrv--'' Trmpcratar. at Omaha Yeaterdayi it nor. -.1 a . m . , A a. m . . T a. m . . si a. m . . a. n. .. Uear. . . in . . 4 . . 411 . . mi . . M . . .vt . . na . . HI Hour. 1p.m. !i a, n, : f. m . 4 p. m . A a. m. n p. m . T a. m . H p. m. I p. m. Oea. . . .Vt . . Ml . . T . . KX . . r .t . . .w . . n.i .. At . . Rl j Ut a. ni. . 11 a. at.. 18 m MILLARD HAS A RATE PLAN Thinks Creation of Cabinet Office Wonld Pat F.nd to Present Aaltatloa. (From a Staff Correspondent.) WASHINGTON. Nov. .-(Special Tele gram. )-8enator Millard Is taking an active '"'crest In the meetings of the Interstate I commerce committor. A freer exchanee of UJ " um" " Dm reported that 'iwin ctiat te such a cabinet officer as lie i outlines. f, Hu,k,n lK"'s not Iook unon the now Boing on to reduce the the re- jured In one of the games hi plaved for the Cornhuskers and was omrx-llcd to leave the university In consequence. But Chick SheiM Is popular and Senator Bur- kett. yielding to university sentiment, sent In his name today as register. Mr. Clifford ,s an ol1 "oWlcr formerly residing in Paw r"- county. For many years he has been an active worker In the politics of Lan caster county and his appointment Is ex pected to give satisfaction to the veterans of the First di.strlct. Congressman Klnkald of the Sixth Nebraska district arrived In the city yes terday. Today the Judge was at the White House with Mr. and Mrs. Thomas of Lex ington, who are on their way to Europe. Owing to an Injury which put Ills band temporarily out of commission, coming In contact with a door of a Pullman car. Judge Kinkaid thought best not to trust the Injured member to the grasp of the president. As Senator Burkett happened along, the member from the Sixth asked the renator to present his friends to the president, which was done. As a matter of fact, Kinkaid wua afraid to go In to aee the piealdent, fearful lest Mr. Roosevelt would take hold of bis bRndaged hand oucuiie fliy explanation"! - - wr-ond Hm-i thus bad to forego Ihe pleasure of meeting the chief executive today. FATAL WRECK IN INDIANA Fire Men Killed and One Hndly Injured When Trains Come Together. ALBION, Ind., Nov. 23. -Five men are dead and one fatally Injured as a result of the collision of two construction trains on the Baltimore & Ohio railroad two miles west of here early this morning. Dead: ENOINF.F.R DUNKIRK Garrett, Ind., of the work trnln. JOHN r. DF.ITCH. Avllla, Ind., fireman on gravel train. ' J M CRESS. Fort Wayne, brskeman. TWO ROl MANIAN WORKMEN. Fatally Injured: R. W. Kt rouse, Avllla, Ind., of the gravel train. In a dense fog. a work train, eastbound. rn.hpil into a btbvcI train, westbound. i rtneer- had right-of-way orders and n'-u!U is M. for the disaster. CHRISTIAN CHURCH CENTENARY Members of Organisation Founded hy Alexander Campbell Plan Celebration for IflOO. PTTTSBl'KO. Nov. 23. The centennial celebration of the Christian church, as founded by Alexander Campbell, will be ( celebrated In Pittsburg In October. 1W9. Tlds time was sgreed upon today at the the Pittsburg committee, which must pro vide suitable accommodation for the vis itors who will come on that occasion. It is proposed to spend $10,000 a year In promot ing Interest In the event. The Rev. J. P. Garrison, D. D of St. liouls was elected chairman of the Joint committee and the Rev. W. R. Warren of Pittsburg secretary. FIELD MAKES A . QUICK TRIP ! . . , : Special Train Carries Chicago Mr. chant to Hedaide of Ilia Injured Son. CHICAGO. Nov. 23 The special train bringing Marshall Field to this city from New York reached Chicago at 8:30 this I afternoon and Mr. Field was driven at once t. .1 ..t .1 . 10 "nmK- 1 "r " I train for the trip was forty miles faster ' than the Twentieth Century limited. ! Th" nM,lon """""'i 1 reported tonight by his physicians as being 1 "a shade better." although It is admitted no confident prediction of the outcome 1 can he. made Inside of another twenty-four hours. Yeomen to Meet at Minneapolis. COI,ORADO SPRINGS. Colo., Nov. 23 ! The Brotherhood of American Yeomen to- oa neeici. q 10 110111 ine n-i nmir m Minneapolis. A movement to Increase rates of Insurance In the order failed to pass. Movements of Ocean Vesaela ov. 2.1. At New Yfirk Arrived: Georglc. from Liverpool. Sailed: I-a Touru ine, for Havre, Bremen, from Bremen; Rliein, from Brem en: Republic, flom Naples. At London Sailed: Mount Temple, for St. John. N. B. At Dublin Arrived: Bray Head, from Montreal. At Copenhagen Balled: Ilelllg Olav, for New York. At Manchester Arrived: Bostonlan, from Boston. At Liverpool Arrived: Baltic, rrom New York Sailed: Dominion and Virginian for liauiax At Havre Arrived: Pomeranian, from Montreal: I .a Havoie, from New ork. At Naples Arrived: Kor.ig Albert, from New York. Sailed: Nekur. for New York. At rianiDurg ttttiieu . Aioaiiu. iui rew yUJ k. At Queenstow 11 -Aituwi: Arabic. riomiun ai.nal CRY FOR GOOD LAWS Emphatic Demand Made by 8tate Bar for More Useful Legislation. REVISION OF THE CODE IS DESIRED Aotion is Taken on Beoommendation of Retiring President Breokeitidra, ASSOCIATION ELECTS NEW OFflCERS Eoiooe Ponnd Btji Common Lav U Arrayed Against People. HE AND PECK ADDRESS LAST SESSION Splendid Baaqact tilrra hy Lnca4 liar aa the Closing fata tloa of the Aannal Meeting. These orflcers were elected late Thurs day afternoon by the Nebraska Bar asso ciation : President E. C. Calkins, Kearney. Vice Presidents J. u. Strode, Lincoln; W. T. vvilcox, North Platto; J. i.. Mcpneley, Aiinueli. (secretary ltoscoe Pound. 'treasurer A. U. Elllck. Messrs. M. A. Hall, H. C. Brome and J. L. Mcpheley wero named as a committee to memorialize the legislator on the sub ject uf exercising more care In enacting legislation and In framing laws that will be In harmony with the best legal thought of the day. Retiring President Breckenrldge, Seoi-e-tary. Pound and Frank A. Brogan consti tute a committee to present to the supreme court un argument on the advisability -of modifying the present rule as to lodgment of appeals. Messrs. Searlc, Richards and StIIIman were appointed to take up and consider a protest from the Retail Grocers' association of Nebraska touching the relation of cer tain attorneys to collection agencies. The charge Is that members of the bar are. In some instances, securing money in a man ner that comes pretty close to trenching on false pretenses. The committee of In vestigation will report at the neat meeting of thu association. Revision of Um, An effort to have a revlalon of the Ne braska code of laws will bo made, and the president will soon appoint a committee of three to consider a plan for the furtherance of that object. The association went on rec ord as strongly in favor of the recom mendation of President Breckenrldge along that Hue. The committee Is to be selected by President Calkins and Retiring Presi dent Breckenrldge after consultation. On motion of Judge Hastings of Lincoln the association t-assed a resolution Indors ing the action of the American Bar asso ciation in demanding a higher educational qualification for men who desire to study law. The resolution also demands this edu cational requirement should be the taking r.r a. fniir-venr hlsh school t course: or u. ' - - - t tnc-ntiiar ol 'the trfqurrnmenf Imposed ' fat". entrance to the- state university-general courses. 7 Thanks of the association were extended to President Dowllng and ths authorities of Crelghton university for the use of the meeting hall. A rote of thanks was also ordered spread on the records for Hon. George R. Peck for his address of Thurs day afternoon. Crowd to, Hear Peck. Incidentally It should be noted that Mr. Perk bad a crowded house during the de livery of his address and was given the most flattering attention throughout Its reading. At frequent Intervals there were signs of appreciation of the manr beautiful thoughts presented and the hu mor Interwoven In the address met with hearty acknowledgement. C. J. Smyth. In moving the formal vote of thanks, ex pressed but the thought of all when ho ssld he had sat entranced during the pre sentation of the paper. Some discussion was given to a protest from Sarpy county members of tbe oar against a custom of the county Judge, who was alleged to be practicing In his own court. In a way. Aa no one who had Signed the protest was present the association finally laid the matter on the table without action. rOL'KD TALKS OX THK COMM0.1 LAW Former Refuat of the People low Looked I'pom aa Oppressor. - Roscoe Pound of Lincoln, dean Of tha law department of the Tnlveralty of Ne braska and former supreme court commis sioner, delivered an address before the Ne braska. State Bar association Thursday morning on "The Spirit of the Common Law," which was unique for Its divergence from the beaten path of technical routine frequently pursued In such discourses. In his address Judge Pound aroused In tense Interest. He took the position that a contest was now on between ths people and the common law aa reflected In "our American constitutional law." Thla, ha said, found a parallel In the prior contest between the kings and the law. "For the first time In Its history the common aw Is arrayed against the people." said Judge Pound. "The people used to be with It." In his very first sentence Judge Pound asserted, "Nothing in the history of out common law Is more striking thsn Its tenacity In holding ground." Yet he In- sisted the present contest to whlcn tie re- ferred was not wholly without cause. ti proceeded then to cite soma of the causes he cortcelved to be pertinent, in nis juog- ment the most vital danger to the common law was this very relation between It and the people. Judge Strode's Report. Thursday morning's session was opened with a report from Judge J. B. Strode of Lincoln, chairman of the legislative com mittee. He reviewed the efforts of ths committee to have a bill passed to In crease the membership of the supreme court, raise the salary to $S,fln0 and mak the term twelve ytars eventually. The bill met with failure, but Judge Stfods piesented It again to the bar association as the best basis on which to proceed with the effort to reconstruct ths court. The effort to have a constitutional Con vention called also resulted In failure, be cause of the opposition of certain senators, likewise the attempt at uniform divorce legislation. In this connection Judge Strode reported the work of the committee Was discounted In the legislature by the charge that he was there as the lobbyist for ths bar associations of Lancaster and Douglas counties. The laws on which the committee could report success are those relating to nego tiable Instruments, the Juvenile court taw and Ihe statute revising the method of 1 - I procedure In guing to tti he supreme ceuit 1