The Omaha. Daily. Bee
VOL. XXXVI NO. G3.
OMAHA, THURSDAY MORNING, AUGUST 30, 1906-TEN PAGES.
SINGLE COPY THREE CENTS.
CHURCH FUNDS SAFE
f resbjuriani Will Iom Littli by Phila
delphia Trot Com piny failure.
y
MILLION AND HALF IN SECURITIES INTACT
boat $150,000 ok Dtporit, Tart
Which Will Bo EeooTrad.
of
CROWD ATTACKS FRANK W. HIPPLE
Folic BtNii Bob of Toad Banker from
Mob of Anrrt Depositor.
SUGAR REFINER HAD PART IN FAILURE
Ma WkH Rapid RIm la Flnnnclnl
Circles R Itltrnu FhllndeW
ah la Seenred Mack Money
' from Hippie. .
PHILADELPHIA, Pa., Aug. .-Reelver
George H. Earle. Jr., today took charg
of the affair of the Rl Estate Trust
company which yesterday failed "because of
the heavy loans mull by Frank K. Hlr
late nrealdent. to Adolf Segal, a prov
upon insufficient security. Until Mr. Ik
completes his Investigation ttve exact ct.
dltlon of the compsny's affairs cannot be-.
dltlon of the company'
told. The receiver, however, expressed the
belief that the trust funds are Intact.
John H. Converse, a director of the com
pany and one of the foremost Presbyterian
layment In the country, upon whose petition
the receiver was appointed today, said he
was satisfied that the securities of the
various Presbyterian churcft boards are
. safe. The Presbyterian hospital, of which
Mr. Hippie wa treasurer, today elected the
Fidelity 1 Trust company as his successor
and through that concern learned that the
Institutions, -securities, amounting to' II.
00,000, are Intact. - '
While It la believed that the securities of
the hoard of trustees of the general assem
bly ar equally safe It wljl be necessary to
elect a new treasurer before the fact can
he determined. It developed today that Mr.
Hippie had on deposit for various Presby
terian church organisation 1160.000 In cash
Included in this waa the sum of 110.000 de
posited by the women's foreign mission
ary society, to be used for rebuilding the
home for rescued Chinese slave girls in
San Francisco, destroyed by the earth
quake. At th offices of th board of ministerial
relief it was announced today that the
beneficiaries of the board would not lose
a cent, nor would payments be delayed a j
day. There are ample funds en hand to
meet an oaniauas.
Will of Hippie.
The will of the lata President Frank K.
executed juiy J, ivua, ana is oner:
v I, Frank K. Hippie, do hereby give, be-
qaeath and devise all my estate, real, per-
aonal and mixed, unto my son, Frank
wk..l. Uul. hi- t. I.- n4 d.n.
n ll.l lull ,1 1 jrkriii. hi. . . rt ' " t
knowing that he will give one-half thereof
unto his Aunt Ballle, if she be living, and
I hereby appoint my son to be tha executor
of this will
Tha son qualified. . '
The estate la valued as i oUqwnt. Personal I
properly', attXMW r4 apwardsr real otrtatk.
130.000. . .
The son had a rough experience today
When he emerged ' from the bank building.
A man in the crowd shouted: "There goea
the son of the rogue who said he had no
faith In men who smoke cigars and chew
tobacco." . 1
Immediately a mob took up the cry and
made a rush for young Hippie, but the po
lice succeeded In beating the mob back and
rescuing the frightened man.
. ConBdene In Hippie.
Bo great waa ' the confidence reposed
in ' Frank K. Hippie, late president of
tha Real Estate Trust company, which
waa yesterday forced to the wall be
eause of the secret business trans
actions of Mr. Hippie, that the Insti
tution was virtually the bank of the Pres
byterian church. Not only the general a
aembly was a large depositor, but even
small Sunday school organisations and
hundreds of individuals, with abiding faith
In the integrity of the late president, had
entrusted their funds and aavings to the
'"" Institution.
"It almost destroys a person's faith In
human nature." asld H. P. FOrd. private
secretary to piv Alexander. Henry, secre
tary of the board of education and Sab
bath school work of the Presbyterian
church. "Aa treasurer of the trustees of
the general assembly Mr. iflpple had con
trol of ever-11.000,000, and aa treasurer of
tha permanent committee on home mis
sions and austenatioa In the Synod of Penn
aylvanla and the Presbyterian hospital of
this city other large amounts were at his
command.
Since the failure of the trust company It
has been learned that only a few months
ago the Institution was under consideration
aa -a possible depository for the foreign
missionary funds of the Presbyterian
church. Ths Influence of Mr. Hippie, It is
aid. might have eventually prevailed. The
annual ' contributions to foreign missions
mount to aver fl .100,000 and Its surplus oa
and aTaoaya equals half that amount.
May Frooe Death.
It la likely an examination of ths manner
in which President Hippie cams to his sud
den death will now be made. Coroner s
Physician Bead of rJorrlstown admits that
Mr.' Hippie may have committed auictde.
The few friends who attended the private
burial of the late president of the trust
company on Mondsy had knowledge of his
difficulty, but none of them waa aware of
his greatly Involved financial conditions.
He was not known to have been a stock
peculator, although financiers say he was
one of tha many who lost heavily In Con
solidated Lake Superior company stock sev.
rl years ago. Real estate Investments
sv-m to have engaged his attention and
money almost exclusively. This is born
tut through -his connections with Adolph
Regal and the tatter's enterprises.
Late last night Segal, his counsel, and
District Attorney John C. Bell had a con
fer nee. Mr. Bell said he had been called
la by Segal because the promoter thought
It entirely feasible to raise the tXSOO.ord
needed by the trust company. Mr. Bel!
said ha wss in no way connected with the
case, other than that he might aid In reU
mg tha funds necessary to place the com
pany on a sound basis.
It is the expressed opinion of bankers
that the Real Estate Trust eomnany failure
does not Involve any other banking house
In tha city.
The three depositories for the funds of
tha trust company were the Franklin Na
tional bank, the Market Street National
bank and the First National bank. Aside
from having deposits of the trust company
It la declared by officials of these Institu
tions that they are in no way Involved la
the failure.
According to John K. Mlcheaep, president
of tha Hearing House association, thai
CiUaud oa fteoond Pag
RUSSIAN GIFT COMES TOO LATE
Liberal Papers Welrome I.aad Grant,
bat Qnestloa Its K
pedlency. ST. PETER8BURO. Aug. .-Th liberal
papers welcome the semi-official statement
made yesterday In behalf of the govern
ment to the effect that It would be a great
mistake to suppose that revolutionary ter
rorism will be met by terrorism on the
part of the government and adding that
the cabinet Intends to continue In the path
of reform. But the papers plainly manifest
their distrust of whether the ministry will
be able to master the situation by the pub
lication of the ukase providing for the dis
tribution of land to the peasants. Some of
the papers, however, hall the announce,
ment aa being a distinct recession from the
position which the government took two
months ago, when Premier Goremykln re
turned a nonpossumus to this demand on
the part of Parliament. The Strana calls
attention to the fatality with which the
government surrenders always come too
lata and says that had the appanages been
offered with the crown lands when Parlia
ment raised the question It might have
furnished the basis for a reconciliation. At
present the paper doubts whether It will
greatly affect the situation.
The Roesla extols the ukase as being the
emperor's gift, of land to the people and
for which the latter should be thankful.
., k the price of land Is rapidly increasing,
- I I I 1... -nm H
Jt iiiitiibi 1 1 1, w 1 1 inn. j 7 m .11.
'A , k . .1 .II . , t DM MA
on to be distributed being I2.M3.0OO.
cnjlnovsky regiment has received a
c . vvresolutlon ai
of v "Jan people'
that v, 'ment wl
vresolutlon adopted by the "league
Vftl'irBniiiB tnu
111 not fall to aveno-e
tha mt f ' General Mln. .
Ve
AMERICA. LEECES LONDONERS
Yoann- Man, Passing; as an Oarsman,
eeares Goods I'nder Falsa
Pretenses.
LONDON, Aug. It. A well dressed
young American, posing as a member of
the Harvard crew, victimised West . End
tradesmen out of several hundred pounds
sterling during the past week. His plan
was most simple. Registering at the
large hotels under the name of one of
the Harvard crew he would go to stores
and order clothes and other articles to be
sent to the hotel where he was stopping,
asking that the bill be forwarded the
next day. When the collectors went for
the money they were informed that the
man had left soon after the arrival of
the' parcel.
Apparently merely for bravado, the man
called on the curate of a fashlonabl
church and promised to contribute more
than .2,000 to various charities. . After
waiting some days for the money the
curate called at the American embassy
to inquire for the man,, who had given
the name of D. A. Newall, No. 7 In the
Harvard boat and found that he had been
deceived. ...
ODESSA LOOKS FOR BOMBS
Police Fore of Rnsstnn City Being
Increased for Fen r of Hers
lnttnlsts.
ODIIS SLA, Aug ' 29.- Th police here are
maktng domiciliary searches, Tttsht and day
for arm,' bombs and bomb factories, but
with scant results. Wholesale arrests ofpolt
tlcal suspects have been made, the prisons
are crowded and many persons are departed
dally to places in the remote northern
provinces. '
Violent revolutionary leallets have been
placed In circulation and the public is ap
prehensive of grave events. A thousand
men were added to the police force today.
ST. PETERSBURG, Aug. S.-Offlclal
statistics of terrorism of last week shows
101 gendarmes, police and soldiers were
killed, ninety-two were wounded, 91 private
persons killed or wounded, thirty-four spirit
shops were plundered, private and Individual
Institutions were robbed of $180,116 and
mate Institutions of . SM.Wl. Besides this
there were over 160 armed attempts to rob
banks, houses, etc, .
JESUIT DELEGATION IN ROME
Provincials of America and Others
Ready to Elect Kew General
of Order.
ROME, Aug. . Rev. Joeeph Hansell
man, provincial of tha Maty land province,
accompanied by Rev. Thomas T. Osnnon
and Rev. Henry Moeller, provincial of Mis
souri, accompanied by Rev. Joseph Grim
melsman of St. Louis, have arrived here
for the election of a new general of the
Jesuits.
Although the Irish, Austrian, Polish and
Belgian delegates and also two of the
American electors. Rev. William O'Brien
Pardo of New York and Rev. William B.
Rogers of St. Louis, have not arrived, it Is
considered certain that the first meeting
of the congregation for the election will
take place Saturday, September 1.
TROUBLE ON PERSIAN FRONTIER
Tnsklsk Troops Bald to Have Crossed
Border and Ambassador
Makes Protest.
CONSTANTINOPLE, Aug. .-Th Per
sian ambassador here has been informed
from Teheran that Turkish troops have
occupied the Persian district of Margovar,
comprising aome twenty-five villages.
The Turkish government denies that the
alleged encroachment has taken plice, but
nevertheless the ambassador has lodged an
eneigetlo protest with the porte and has
demanded tha recall of the troops.
Rnsslaa t'onsnl Shot.
TIEN TSIN. Aug. 29. Tha Russian con
sul here. M. Laptew, was shot In the
stomach today by a Russian concession
contractor named Levlnsky, who fired four
times and hit the consul once. Ths shoot
ing occurred at the Russian consulate.
Levlnsky was arrested. His victim Is In
a dangerous condition.
New Italian Ambassador.
ROME, Aug. 2. At today's meeting of
the council of ministers the Marquis ill
Ban Uiullano, who was foreign minis
ter la the gonnlno cabinet, was appointed
ambassador to England. .
President Connrrntnlatea King.
COPENHAGEN, Aug. tf. President
Roosevelt has cabled to King Frederick,
through the American minister, his con
gratulations oa the opening of the cable
to Iceland.
FIRE RECORD.
Residence Sear Beola.
NEOLA, la., Aug. IS. (Special Yester
day afternoon tha residence of John Onnen,
six miles north of here, burned with con
tents. The contents waa the property of
William Dtdmon, a tenant. No one waa
near at tha Urn and nothing waa saved.
CUBAN INSURRECTION CROWS
Surrender of Leaden oro Than Gffief bj
Iocrtaae of Eandi in Province.
i
TALK OF COMPROMISE WITH REBELS
Movement to Settle Dlfflcalty Before
It Gets Bach Headway that
Intervention Will Bo
Keresenry.
HAVANA, Aug. 29. The surrender today
of some of the more vigorous Insurgent
leaders In the province of Matancaa and
Santa Clara and the coming in of a scatter
ing fw Insurgents In response to the gov
ernment's proffer of amnesty Is vestly
more than offset by the Insurgent sentiment
looking stronger dally In the country dis
tricts of the provinces of Havana, Plnar
Del Rio and Santa Clara, and which Is
now reported to be gaining headway In
Santiago, from which province, however,
there are ns yet no reports of the exist
ence of organised bands. The testimony of
persons arriving here from the country is
unanimous to the effect that the people are
restless and becoming more and more ex
cited. The tnlk of the towns Is of those
who have gone out to Join the Insurgents
and the chances of winning against the
government. There sre grave doubts of the
loyalty of recruits, and especially of negro
recruits, who are suspected In many quar
ters of a willingness to Join the other side
with which many of their people are Idi-n-tifled.
Talk of Compromise.,
The undeniable evidences of the growth
of insurrection sentiment Is causing In
creasing doubt as to whether the govern
ment will, after all, be able to cope
promptly and successfully with the move
ment, and 'there Is much discussion of the
possibilities of a peaceful settlement. In
crease centers In a project meeting cf
Cuban veterans and other prominent men
to consider the question of approaching
Pino Guerre and other Insurgent command
ers, 'as well as leaders of the liberal party
and members of the government with a
view to ascertaining whether the difficulty
cannot be settled through some compro
mise. At the present stage of affairs, how
ever, a compromise 'would appear to be out
of the question, as the government con
tinues confident that It will soon be able to
suppress the movement. Many Cubans feel
that patriotism demands that some united
effort be made to end the war and avoid
the possibility of Intervention by the United
States. There Is on question that foreign
ers would welcome Intervention to restore
peace, and many Cubans would do likewise
were It not for the sentiment' of pride in
making it appear that Cuba can maintain
order within her own boundaries and. an
unwillingness to have the world regard her
aa the ward of the United States.
Inanra-eats Occupy Cabanas.
The Insurrection In the province of Plnar
del Rio has aprsad across the mountains
to the north coast, and the town of Cana
bas Is now in the hands of the Insurgents,
who are reported also to have gone In tha
direction of Bahla Honda. The latter plaoe
la the site of one of the United States
naval stations, but It has not yet been oc
cupied for' that purpose. Colonel Alvos'
command left the city of Plnar del Rio .to
day for Guanea, but no news has been re
ceived' tonight from him. The government
telegraph lines are Interrupted.
Pino Ouerra again Is threatening the rail
road - officials. The latter have begun the
construction of an armored train to precede
troops and other tralna In the threatened
region.
. No conflicts were reported today in Ha
vana province, though small bands are nu
merous. In Mstanxas province there Is no
fighting and' In Santa Clara the Insurgents
evidently are avoiding an encounter since
their recent defeats.
- The Associated Press is reliably Informed
that General Alanien. governor of Santa
Clara province, has telegraphed President
Palma that unless reinforcements are sent
Santa Clara city Is likely to fall Into the
hands of the insurgents.
The insurgents who occupied Cabanas
took arms from a small detachment of
rural guards and captured fifty horses
which the government had requisitioned.
ANACONDA BANK IS CLOSED
Real Estate and Insurance Compear
In Handa of Examiner and
Manager la Jail.
ST. PAUL. Minn., Aug. 29. A special to
the Pioneer Press from Helena, Mont., says:
The affairs of the Anaconda Real Estate
and Insurance company are being Investi
gated by the state bank examiner and pend
ing this examination the institution, which
haa been doing a general banking and trust
business. Is closed. J. Fltspatrtck, the head
of the concern, died a few days ago and
since then rumors have been current of the
unsoundness of the company. It Is said
the company's liabilities will range from
tin, 000 to 1100,000.
G. 8. Wlsner, a son-in-law of Fltspatrlck,
and one of the leading cltlsens of Anaconda,
who was connected with the Institution, is
under arrest on a charge of grand larceny,
preferred by Bernard McCarthy, vho aays
he paid Wlsner I&00 to liquidate a mMgage,
but ha allegea he has since learned t!,at the
money was not paid to tha holder ef the
mortgage. Wiener's ball was fixed at 6,0o0,
but he preferred to remain In Jail, saying
he fears an attack may be made on his life
aa threats have been made against him.
APPERSON'S AUTO WRECKED
Indiana Mnnnfaetnrer Serlonsly Hart
While Driving- a Now Raelag
Machine.
LA PORT'S, Ind Aug. . Edward Ap
person, an automobile . manufacturer of
Kokomo, Ind., tonight had a narrow es
cape from death three miles west of La
Porte. While running sixty miles an hour
In a ninety-horsepower racing ear that he
waa taking to rew iorx ror ine vanaer
but cup race a rear tire burst, throwing the
machine In a ditch. Apperson was thrown
1 out and rendered unconscious'. He was
; taksn to a hospital In I Porte, where to
I night It was stated be would recover.
SEALER CLAIMS FALSE WEIGHT
Chloaa-o Ofllelnl starts Balta Agalaat
Packers After Examining;
Palls of Lard.
CHICAGO, Aug. .-City Sealer Joseph
Grein today directed that suits be Insti
tuted against Armour Co, Nelson Morris
Be Co., Swift and Company and the Anglo
American Provision company on a charge
of selling short weight lard.
The city sealer declared one of his in
spectors purchased five-pound pslls of lard
at the stock yards and found them to be
from three to twelve euncea short la
weight. -
PRESS CLUB J0 VISIT OMAHA
Delegates to International Convea
tloa .Stop Off One Day aa
Retnrn. Trip.
OMAHA. Aug. S. (Special Telegram.
Omaha lost to Birmingham for the 1907 con
vention of the International League of
Pre clubs, but It hi an assured fact that
Omaha will get It m 190S. During the trip
through the mountains today Dr. F. Elbert
Davis, a prominent physician and publisher
of New York City, started a boost for
Omaha and suggested thst ths delegates
stop over there one day on their return
trip. The Omaha delrg itcs ticlped the
boost along and one day next week, prob
ably Monday or Tuesdny, the following
Journalists will be In Omaha, and It Is de
sirable that' Omaha and th Commercial
club entertain them with a trip over the
city, etci "
Ople Read and Mrs. Read: Dr. S. F. F.l
bert Davis. New York City; K.. W. Humph
reys, Philadelphia Press club; Oorn H.
Rowe, Brooklyn Eagle; R. B. Mclntyre,
New York. Sun; Frank J. Kelly. Jollet, III..
Press club; Alex 1., Anderson, wife and
niece, Toledo Press club; Mrs. KaMerine
Murphy, Toledo, O.. Press club; A. W.
Omalley, Harry C. Miller, Col. William J.
Hartley, W. A. O'Ncll and J. A. Burke,
Wllkesbarre Press club; Ass Hound tree,
wife and daughter, Birmingham Age
Herald; Fred W. Colvln, Hloux City Jour
nal; Brigadier General William H. Beck,
I. 8. A and Mrs. Beck; L. G. Early,
Reading, Pa., Press club; Upton S. Jef
freys. Camrian, N. J., Press; Elden Small,
Detroit. Mich.. Press; J. A. Bweenoy, Wll
kesbarre, Pa., Press; Mrs. Florence Ingall,
Toledo, O, Preen; Nirk Csrter, Pittsburg,
Pa.. Press; T. Morgan Sllvev. William L.
Doak, and George- D. Love. Plttuburg, P
Press club: T. J. Kennan, malinger Pub
lishers Press, ex-president International
league, Pittsburg; Alfred E. Pearsall,
Pearsnll's MaKasine, New York; Dr. Ed
ward Beecher Frlrk and wife. Philadelphia,
Pa.; H. B. Laufman, Pittsburg. Pa.; Mrs.
Ada Cabell, Bradford. Pa., Press club;
Tom P. Junkln, Detroit, Press club; Jesse
A. Brlggs. Wllkesbarre, Pa.; Mrs. Mlna G.
Delnnd. Toledo, O., Press club; H. Gold
smith and Giles H. Dickinson. Blnsi'tamton.
N. Y., Press club; Ellsworth Kelley, Louis
Allen Osborn, Olvln F. Leeds, B. Frank
'Squire and James F. Mitchell, Scranton,
Pa.; Ira P. Rawley. Chicago.:-Dr. R. Mil
ton. Richards and Olenn L. Chapman, De
troit Presa club; Howard L. Spnhn. Tole
do. O., Press club; Charles E. Hover and
wife. New York, Sun; Little Luttrell Mot
row, Nashville. .Tenn.. Banner; Mrs. S. I
Mumford, Atlanta, Or., Constitutional;
Mrs. Oscar T. Peeples, Chattanooga, Tenn.,
Times.
Delegates to the sixteenth annual con
vention of tha International League of
Press Clubs were taken today over the
new Moffatt road to Corona, the crest of
tha continental divide, where, amid alter
nate expanses of granite boulders and per
petual snow, a session waa held for the
election of officers.
President T.. J. Keenan waa recommended
for re-election by the committee on elec
tions, but he withdrew, saying the Denver
Press club should be rewarded for the
splendid entertainment afforded delegates
by the promotion: of its president, Edward
Keating, to the presidency of the league.
Mr. Keating was then unanimously elected
president. He la managing editor of the
Rocky Mountain News of Denver.
CARRIERS INSIST ON DELAY
Railroads ssf . Express . Companies
I'nable to Comply ' with
Terme of Law.
WASHINGTON. Aug. .-Every ooa of
the carriers under the-reoenUy enacted
railroad rate law la sepJun-an extension of
time In which to nlo 'wllk-the Interstate
Commerce commission Its schedule of rates
provided for by the act. because as stated
they have not had tha time necessary to
print their . schedule of rates. Represen
tatives of nearly all the thirteen express
companies were present at today'a hearing.
Frank Piatt -of New York of the United
States Express company, told the com
mission that his company had prepared
about 100 rates, but that it was not through
by any means. Ho said that, tha company
had strained Itself to the utmost in doing
the work and now had fifty additional men
at work on the schedules. He urged the
commission. In addition to granting an
extension of time to do the work, not to
Insist upon a posting of the achedule of
rates at every office, aa that would be
practically a physical impossibility.
In the course of Mr. Piatt's statement it
waa developed that one-half. In round fig
ures, of the cost of the transmission -of
express matter waa paid to the railroads
and one-half for cartage and other
charges.
Tha commission was addressed by other
representatives of other express companies,
among them being John D. Ludlow, traffic
manager of the Wells-Fargo company...
Mr. Ludlow Informed the commission that
moat of the records of hla company, par
ticularly those relating to the western di
vision, were destroyed In the Ban Fran
cisco conflagration following the earth
quake In April last, and that It was neces
sary therefore to make all these schedules
anew.
The speakers assured the commission that
their companies were doing everything In
their power to put the commission In pos
session of the schedules at the earliest
possible date. '
'FRISCO CARS STILL IDLE
Aanonnecment of Coming; of Strike
Breakers Pats Men In aa
I gly Mood.
SAN FRANCISCO, Aug. 29. The fourth
day of the street car strike found the dis
puting parties further apart than ever. The
refuaal of tha men to report for work apd
the announcement of th corporation that
it la bringing out Farley's strike breakers
contributed to lessen the hitherto friendly
feeling existing between employer and em
ploye. The car men declared they are not
disturbed by the coming of Farley's men.
They say that the nonunlonlsts win en
counter entirely unlooked for obstacle. The
railway officials have thus far declined to
say when they will attempt to begin operat
ing their lines. Farley's men are expected
Saturday or Sunday.
At the various car barns th company has
Its guards, and union men are on plckot
duty, but the best of order prevails.
CHICAGO. Aug. 9. About 60 strike
breakers bound for San Francisco arrived
here today and left at one for the west.
A number of local labor leaders had
planned to , meet the train at the depots,
but this was frustrated by the police.
WYOMING REPUBLICAN TICKET
Bryant B. Brooks Is Nominated far
Governor at the Evening
Session.
CASPER, Wyo.. Aug. ls.-The republican
state convention convened here today at 4
p. m. The town presents a gay appearance,
all the buildings being profusely decorated
for the occasion ' with flags and colors of
maroon and gold. A bandstand waa erected
In Mala Ft reel. The Lander band Is here,
which, together with the Casper band, are
two of the beat organisations of th kind
In lh state, and will furnigh musie fog th
convention.
LAWYERS TALKING SHOP
Rotooo Found of Lincoln lUadi b Paper
Before American Ear Association.
WARM DEBATE ON INSURANCE EXPECTED
Majority of Committee Condemn1
Armstrong- Law of Kew York no
"Consplcnonsly I nwlse" Lnws
of Other States Criticised.
ST. PAUL, Aug. a. Tonight's session of
tho American Bar "association's twer.ty
nlnth annual meeting I.-ew an attendance
which filled the large chamber of the house
of representatives In the new state capitol
to the doors.
Roscoe Pound of Lincoln, Neb., read a
paper on "The Cause of Poupular 'Dissatis
faction With the Administration of Jus
tice." Mr. Pound said, In part:
Dissatisfaction with the administrations
of Justice Is as old as law. Not to go out
side of our own legal system, discontent has
an ancient and unbroken pedigree. The
cause of dissatisfaction with the adminis
tration of Justice may be grouped und r
four heads:
First Causes for dissatisfaction with any
legal system.
Second Causes lying In the peculiarities
of our Anglo-American legal system.
Third Causes lying in our American Judi
cial organisation nnd procedure.
Fourth Causes lying In the environment
of our Judicial administration.
It needs but a superficial acquaintance
with literature to show that all legal sys
tems among all peopled have given rise to
the same complaints. .
Law and Pnbllc Opinion.
Mr. Pound gave as the causes of dissatis
faction the mechanical operation of rules:
difference In rate of progress between law
and public opinion; tha popular assumption
that administration of Justice Is an easy
task to which anyone Is competent, and
popular Impatience of restraint. Of thes
the most Important,! he said, waa the me
chanical operation of legal rules. .
Speaking of individual Initiative, as the
main reliance of our common law system,
the speaker said:
In our modern Industrial socletyi this
whole scheme of Individual lnltative Is
breaking down. Private prosecution has
become obsolete. Mandamus and Injunc
tion iiave failed to prevent rings snd
boses from plundering publio funds. Pri
vate suits against carriers for damages
have proved no preventive of discrimination
and extortionate rates. The doctrine of
assumption of rick . becomes brutal under
modern conditions of employment. An
action for damarea la no comfort to us
when we are sold diseased beef or poisonous
canned goods. All these points, and they
are points of every day contact with tho
most vital public Interests, common law
methods of relief have failed. The courts
have not been able to do the work which
the common law doctrine of supremacy of
law Imposes on them. The chief concern
of common law is to secure and protect
Individual rtgrits.
Summing rap his case In a brief conclud
ing sentence, Mr. Pound said:
Too' much of the current dissatisfaction
has a Just origin In our Judicial organisa
tion and procedure. The causes that He
here must be heeded. Our administration
of Justice Is not decadent. It Is simply
behind tr times.
.The second paper waa read by Mr. J. J.
Jenkins, chairman of the judiciary com
mittee of the national house of representa
tives, on the subject, "Can congress trans
fer to the state its power to regulate com
merceT" ' .--. -
i Immedlaslr fo-wtng thissesslon a raw
ceptlon .was tendered In the capitol to the
visiting members of the Minnesota Bar as
sociation, i
. Many Warm Debates Expected.
Many of the subjects to come before this
session of the bar association are expected
to result in sharp debate. The report of
the insurance committee, especially, la
likely to be warmly discussed, a majority
and minority report having been made. The
majority report condemns the Armstrong
law of New York aa "conspicuously un
wise" and declares that not only are many
states charging Insurance companies much
more than the coat of supervision, but that
in many states, "the administration of in
surance laws have been characterized by
unblustering fraud mostly In the shape of
blackmail or by groaa Incompetency."
The committee recommends:
Biennial apportionment of deferred divi
dends. Repeal of retaliatory tax laws and valued
fire policy laws.
Each state to have a Are marshal.
The United States to forbid the use of
the malls to "wild cat" Insurance com
panies. A federal statute to regulate Interstate
insurance transactions.
Tha minority report objects in particular
to the last recommendation of the majority
report.
The committee on commerce defends the
present national bankruptcy law and
recommends its retention. -
Conrt of Potent Appeals.
Tha report . of the committee on th
proposition to create a court of patent
appeals recommends that a bill be passod
by congress, creating such a court, to
be presided over by five, judges, who shall
It on cases arising over patenta.
In the report of th committee on a
coCe of professional ethics a stinging
rebuke is meted out to the "shyster" law
yer. Rome G. Brown, president of th Minne
sota State, Bar association, called th ses
sion to order and welcomed the visitors.
He then Introduced President Peck, who
at once began the reading of th presi
dent' annual address.
Mr. Peek's Address.
Mr. Peck's address contained a summar
of ths important legislation of the lost
year, both In tha. national congress and In
tho state legislatures. It dealt at length
with the congressional enactments on lb
subject of railway rates and pur food, a
well as the trust legislation of th national
government. He said: "Historical juris
prudence, the birth, growth and develop
ment of law In Ita highest sense. Is a study
we ought to pursue far mora assiduously
than w do. Self-government, th recog
nition of mutual rights and mutual obliga
tions. Is perhapa the highest achievement
of the race." 11 traced th development
of government from th prlmallv form
through all the various stages to tha bign
est and most complicated form , demanded
by modern clvlllaatton. and, quoting from
Macterllnck'a "Life of the Bee," that "In
proportion aa society organizes itself and
rises in the scale, so doe a shrinkage enter
the private life of each on of Its mem
bera" "Any government," said he, "how
ever imperfect, la better than no govern
mentwhich la anarchy. If w bav too
much government as many of us believe
it is possible In the present state of human
wisdom to have just enough restraint and
Just enough personal freedom. An axoess
of th on no doubt means a diminution of
th other, but what human intelligence can
fix a perfect equilibrium?
"James C. Carter declared that the
American people ar afflicted with a pul
sion for legislation amounting almost to a
disease. It ia undoubtedly true that the
average mind believes In th possibility of
remedying every 111 by statutory enact
ment. That this idea ia a fals and dan.
geroua on all human experience atteela.
It is significant, perhaps ominous, evi
dence of the change lu the popular Idea of
(Continued on Second Fata.)
NEBRASKA WEATHER FORECAST
FnlrThnrsdny nnd Fridays Warmer
Thursday.
Temperatnre nt Omnkn Teaterdayt
lonr.i Den Honr. Dear.
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FIRST ABOLITIONIST BATTLE
Seml-Crntennlnl of Flcht nt Osnwnt
nit Is Belnsr Celebrated
ta Kansnn.
OSAWATOMIE. Karf., Aug. 29. A semi
centennial celebration of the battle of
Osawatonile was begun here today In this,
the one-time home of John Brown.
While the battle of Osawatnmle was but
a skirmish when compared with the many
eor.fllcts that followed, it Was here that
the advocates of abolition made their first
stand against slavery and mora than the
ordinary Interest therefore surrounds the
place. Business houses and residences are
decorated with flags and bunting. Troops
B and C. Ninth cavalry, under command
of Colonel George Morgan, are encamped
on the famous battlefield and hundreds of
petsons are here to attend the affair. To
day Representative Charles F. Scott of
lola delivered the principal address. Vice
President Charles W. Fairbanks will arrive
tomorrow morning and speak.
H. C. Nicely of Philadelphia, who was a
member of the Baltimore City guards,
which organization asslated the United
States marines as guards at the time of the
execution of John Brown, is here.
An Impressive service was conducted to
day at the monument of John Brown. A
chorus of sixty voices sang the "Star
Spangled Banner," the strains of which
were taken up by 4,000 spectators.
The cavalrymen, drawn op in line, saluted
and a cheer that echoed from hill to hill
was sent up. Then the national colors were
run up on a flagpole eighty feet high.
MISSOURI MEN AT MANEUVERS
Rational Gnnrd of "Show-Me" Btnto
Given Workont nt Fort
Riley.
FORT RILEY, Kan., Aug. a. The troops
of the Missouri National guard had work
of a maneuver nature today. The exercises
were In outpost and patrollng duty. Be
fore this exercise commenced "the general"
was sounded and the Mlssourtans struck
all of their tents and then pitched them
In the company streets'. The troops had
evolutions of the brigade late In the day.
Tomorrow morning the first of the reg
ular troops will leave the camp of In
struction. Company H, Thirtieth Infantry,
commanded by Captain Edward C. Carey,
will leave for Fort Reno, Okl., where it
was stationed before coming to the camp
at Fort Riley. The reason for Its de
parture Is that typhoid -fever cases have
become so numerous In that organisation
that the chief medical officer of th camp
deems Ita presence a' menace to the health
of the other organization. In the last few
days five cases, of typhoid fever hive" been
reported from this company, while the
total number of typhoid cases in the entire
camp la only ten.
ARMOUR AFFIDAVITS REFUSED
Ml no art Officials Decline to Receive
Oaallfled Antl-Trnst CcrtlBcntc
Offered by Corporntlona. '
JEFFERSON CITY, Mo., Aug. a.r-Pur-auant
to the Missouri statute requiring each
corporation doing business In the state to
file an affidavit once a year with the secre
tary of state, that it Is not a member of
any trust or combine, attorneys for Armour
dc Co., . and the Armour Packing company
of Chicago, today asked permission of
Secretary of State 8wanger to file affidavits
for their companies that "they were not
members of a trust or combine subject to
the decision of the court In the anti-trust
proceeding now pending against them."
There are three cases pending against
these companies. One in the United Slates
court of Arkansas, another in tho United
States court of Tennessee and the third In
the United Btates court at Chicago.
Upon advice of Attorney General Hadley
the secretary refused to allow these quali
fied affidavits to be filed.
FAIRBANKS ON WAY WEST
Vice Proaldcnt Will Spenk nt Osa
wattamle, Kan., nnd Will Go
from There to Bolso City.
ST. LOUIS. Mo., Aug. 29. Vice President
Charles W. Fairbanks spent three hours
In St. Louts tonight during which time he
was entertained at dinner In the parlors of
the Terminal hotel by leading republican
politicians. He departed at 10:10 p. m. for
Kansas City.
Vice President Fairbanks will speak to
morrow at the s'.ml-centennial celebration
of John Bro.o's battle at Osawatomte,
Kan. Frilly he will address the G. A. R.
gathering at Dodge CJty, Kan. From there
Vice President Fairbanks will go to Boise
City, Id. ho, where he will apeak at a
gathering of the National Irrigation asso
ciation. PACKETS FOR MISSOURI RIVER
Trial Service Will B laaagnrated at
Onew Between Bt. Lonts and
St. Joseph.
' ST. LOUIS. Mo Aug. .-L, M. Jones
of Kansas City haa secured options on the
river packets City of Memphis and Tennes
see. Within two' weeks these vessels will
make a trial trip up the Missouri river to
Kansas City and Bt. Joseph. Mr. Jones
says that in reopening navigation on the
Missouri river he will show that the river
is navigable now and If the present trial Is
a success eight boats will be put in the
Missouri next summer, linking the three
principal Missouri cities by water naviga
tion. STRYCHNINE JDN THE CANDY
Prisoner In Fort Worth Jail Dies from
Eatlnc Confection Sent Him
, by Mall.
FORT WORTH, Tex.. Aug: 3 -As tha re
sult of eating poisoned candy mailed to a
prisoner In the county Jail by some un
known party, . the recipient, A. 8. Fits
gerald. Is dead; Henry Peake, Louis
Weaver. W, II. Norrta gnd f. T. Cross ar
dangerously 111 and Frank . Grundy, who
tasted th confectionery, is also ill. The
candy had been prlaklad with Lrychnla.
WELCOME FOR BRYAN
Nebrtukam Are Snoceufnl in Einc lint
to Great tha Wanderer.
SPENDS SHORT TIME ON TUG WITH THEM
Greeting. Charaoteriitio of th Fr and
Untrammelad Wast
PRAIRIE LUNGS V.EWITH STEAM WHISTLES
Bryan Appear to B Immeniel Pleated
with tho Welooma,
ONLY ONE UTTLE WORD OF POLITICS
if
Says He Una Kot DeBnltely Mnde In
His Mind Whether He Will Bo
Candidate for Presl
( dent In 1BOS.
(From a Staff Correspondent.)
NEW YORK. Aug. 3.-(Sneclal Tele
gram.) Bryan's "Home Folks," aa tha
prairie state delegates have elected t call
themselves on their visit to "Little Old
New York," to welcome their fellow cltlsen,
William Jennings Brysn. back to his native
heath, had a rlp-roarlng time today. They
saw miles of water, more crafts of every con
ceivable size nnd description than they evsr
ocean liner Prlnsess Irene with their ocean
going tug and they raised the blue empy
rean a few Inchca when the familiar face
of the "Peerless Leader" appeared at the
upper gallery rail of the North German
Lloyd's magnificent liner, to recognise th
greeting of the home folks, his neighbors
and friends from Nebraska. It was really
worth coming 1,600 miles to see the demon
stration accorded the leader of democracy
and It was worth the "price of admission"
to watch the Nebraakana take to their
hearts the "Farmer of Falrvlew" and ex
alt him as a demigod. There was no doubt
about the warmth of the weloome and not
in a generation has a private cltlion been
so tumultuously received as Bryan waa
today. It wu Nebraska day sure enuugh
and what the boys from the Platto lacked
in number they made up in volume of
sound that mode old pllbta on the bay "alt
up and take notice."
At 3:30 two tugs toft the slip at West
Twenty-aecond street and rapidly steamed
down to quarantine, carrying at least 300
enthusiastic friends of Bryan, to per cent
of whom were either residents or ex-residents
of Nebraska.
Within an hour they came alongside the
Prlnsess Irene lying at quarantine, the
boat having had a safe and apeedy passage
through the narrows, having passed in at
Sandy Hook at 1:80.
Bedlam of Whistles. .
When the two tugs bearing tha Nebras
kana came alongside there was a perfect
bedlam of whistles, siren of revenue cut
ters, polioe boats and private yachts vising
with the hoarser ' utterance of the tugs,
one of which, Eugene Moran, carried at
the forward rail Nebraska banner "Equity
before the law.".
' The entire party gathered In th forward
aloon, and, - aurrounded by many of
Bryan' fellow -ieengt , Ah details, ot
the program were laid before him. He
elented . to. leave th ship and meat his'
neighbor and frlenda on the two tugs be- -tore
going to the yacht. When this de
cision , was communicated to . the "boys"
they let out a real western yell. "This is
a. sight for. sore eyes,' said Bryan, as a
dozen 'willing handa. helped him over the
rail to the tug. Mrs. Bryan, showing quit
as much nerve aa her , distinguished hus
band, was lifted off the ladder and then
she, too, felt what a real western welcome
meant.
"I was never happier than I am today,"
aid Mr. Bryan, addressing a group of hla
6ld supporters, who had been with him
Ince the days of '96 at Chicago. . His voice
trembled with emotion and he ahowed by
his manner how deeply he waa touched with
the greetlnga accorded htm.
Miss Grace Bryan, with' girlish enthu
siasm, remarked to Mr. Richmond: "I
never expected to see so many men from
Nebraska come 1,500 miles to see papa."
which found an echo In Mrs. Bryan's heart,
for she nooded hearty approval of her
daughter's remark.
Mayor Jim Does Hla Btnnt,
As Bryan stood well forward on the deck
of the tug. Mayor "Jim" of Omaha, with
unerring aim, threw a lariat around the
sturdy shoulders of th "Peerless Leader."
He had made good hla pledge. If he could
yachts got him he would go down th bay
and lariat him. Th seen waa typical of
th west and waa nut for the photograph
ers, who lost no opportunity to "snap"
Bryan with the noose over his shoulders,
th long rope In the .bands of Omaha's
mayor, who gained hla knowledge of throw
ing the lasso on the ranges.
Long before the tugs - slowed down to
drift with the tide underneath the great
hulk of the Prlnsess Irene all decks of th
liner were crowded with humanity. Many
wore returning American! who had spent
the summer abroad, but others were look
ing upon the Ffiorra of Jerey and the sta
tue of liberty for the first tlm. Hardly had
the tuga been lashed together in order to
keep their position under fhe. lee of th
vessel, when Mr. and Mrs. Bryan appeared
on th upper deck. Then bedlam again
broke, loose. "Bill," yelled EMgar Howard,
making a megaphone of hla hands, . "look '
out for these yachts, they have got fever '
on H'tem," being a quiet little slam at th'.
temerity and presumption of Edward F.
Goltra of St. Louis, a millionaire, who had
announced that he would take Mr. and
Mrs. Bryan off the boat and cruise with
them about the sound until time for the
reception tomorrow. The Nebrasksns
wanted' their Idol all to themselves, for
had they not com hundreds of miles to
welcome the globe trotter home?
, Bryn's reply to Howard's sally could
not be hesrd. but his face ahowed how
sincerely he appreciated the honor and how
dear the home folks were to him.
Brown Ahead of Da alma a.
Mayor Brown of Lincoln was first up the
ladder which had been lowered by a petty
officer to the deck of th tender of Vie
Illlnl yacht, chartered by Mr. Goltra for tha
occasion. Then followed President Hoge of
the Commercial Travellers Anti-Trust
lesgue; I.rwla Nixon, chairman of pfon and
scope committee, and lastly by Mr. Goltra.
Bryan up to this time bad been without a
hat. He disappeared for a minute and then
appeared In a pearl gray fedora which be
came him finely, bringing In strong relief
Wie outlines of his face. It was exceedingly
galling to Mayor Jim Dahlman to see his
colleague, Brown, get booeted onto th
deck first and he demanded that th tugs
carrying the Nebraska contingent be
pushed forward on th port side and that
his delegation be allowed to go aboard. By
dextrous handling, the captain of th
Eugene- Moran rammed the no of his
tug against th (Id of th Prime Jrn
i