Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 24, 1905, Image 1

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    The Omaha
aily Bee.
Oonrt Refusei to Diimlu Charges A(tint
United 8utei Senator Barton.
Counsel Bars Crime, if Any, Was Com
mitted in Illinois. .-
Re Hold that the Contract Was Oodi
mated in 8t. Louie.
Prill of Another Investment
eern, gays Senator Sonant Eml.
cat with Hlaa la Looking
After Mkt Affairs.
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
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.
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.
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.
. Woman Probably Fatally aad Six
Children Are Serloaaly
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.
.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 auovs aa ikur.
Senate 1'eaiure Will Contaia Other Pro
Tiniona Besides Rite Begnlatioi.
Trunk 1,1 nea Are to Be Required to
Firnl.h Better Facilities to
Latteral aad Smaller
!. "
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-
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,-
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
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.
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,
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 "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
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.,i iho oI1, m1 rarbled lmi is being :
gave t up." he said, when Mr. Hughes In- i
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..
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.
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
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 "
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,
- )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
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
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
Demands of the West.
-e V. ur.nlA m-1 1 rt , 11 ' 1 r 1 v tha,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-.
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
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. ..
. . in
. . 4
. . 411
. . mi
. . M
. . .vt
. . na
. . HI
!i a, n,
: f. m .
4 p. m .
A a. m.
n p. m .
T a. m .
H p. m.
I p. m.
. . .Vt
. . Ml
. . T
. . KX
. . r .t
. . .w
. . n.i
.. At
. . Rl
j Ut a. ni. .
11 a. at..
18 m
Thinks Creation of Cabinet Office
Wonld Pat F.nd to Present
(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
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.
Fire Men Killed and One Hndly
Injured When Trains Come
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.
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.
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.
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.
! . . ,
: 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
Yeomen to Meet at Minneapolis.
! 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
At Copenhagen Balled: Ilelllg Olav, for
New York.
At Manchester Arrived: Bostonlan, from
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
Emphatic Demand Made by 8tate Bar for
More Useful Legislation.
Aotion is Taken on Beoommendation of
Retiring President Breokeitidra,
Eoiooe Ponnd Btji Common Lav U
Arrayed Against People.
Splendid Baaqact tilrra hy Lnca4
liar aa the Closing fata
tloa of the Aannal
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,
(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
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
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