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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 23, 1906)
Daily Bee VOL. XXXVI-NO. 13G. OMAHA, FRIDAY MORNING, NOVEMBER 2,1, 1906-TWELVE PAGES. SINGLE COPY THREE CENTS. The Omaha BRYAS . AN Nebraska. Addresses TraDSis3,8'ppi Con grem at tie N ht Eesaion. ENLARGEMENT OF FOREIGN MARKETS Erretarj of Treasury Vakei Extended Addreis on Thia Topic LAR3ER MERCHANT MRINE IS NECESSARY Tom Not Iaiiitely ommit Himself to Cubnid" Idea. CENSURE FOR COWM 5SI0NER CLEMENTS Resolution Asking President Bom velf lo Investigates Chr of Infalr Dealing Referred to fommlttf. ICAN9A9 CITY. Mo., Nov. 2J.-Ieslle M. Rhw, eerretsry of the treasury, and v 11 llfim J. Bryan secured t' C lion's share of -tMcntlon hera today a 4, a lorn ,"'t of tnVn. t tho three 'v of the Trm- nmerctal ' .y All spo latlng more. V, ''redly - . . - "a. V. ,.1n, mlsslsslppl Cot poke on subjects relatln to the increasing of the com uslnesa of the country. r. ..-l.ltcl t.-fc . Sm mittee of e.x-pveident of the ce. e '4.. escort Secretary tfhnw to the platfo. when tlicso two distinguished public led tho way to the rostrum there was g. upplnuw. , Secretary Shaw, who spoke particularly for a wider foreign market for American poods, made thia declsj-atlon: "Tf this country ever develops Interna tional merchants It. will accomplish. It by granting them erfcouragement. not alono by rtredglr.g harbors and deepening channels, but by Insuring tliera a merchant marine In which to carry, tinder the most favorable terms, the product, of our farm!-, our mines, our forests and our factories." Secretary Shaw continued: "Secretary Hoot has gotio a step further than I pro teose to go In favor of a merchant marine. He commits hlmscir to the ship subsidy llca. I do not say that I am in favor of a f)ilp subsidy, but I will say that I am In favor of anything that will secure a mer chant marine for the United Slates." Mr. Bryan, whose subject principally con cerned the commercial Intercuts of tho Mis sissippi valley region, was the sole speaker at the evening session. Proceeding .of Day's Sessions. Some of tne subjects upon which ad , dresses and discussions wore made at tht morning and afternoon senli.pa wore liver and leva btttermi.it. lower freight rales, especially lit tho West; lakes to the gulf water transportation, the necessity of a national department of mines and mining, the needs of the :lvo stock Interests of tne ..southwest, the necessity of Increased fa cilities at the Paciflo coast ship yards, ir rigation, publlo drainage as It relates to - the reclamation aervlce, our waning for est resources and Imaginary evils and ilia In Colorado produied by polltlcil in agina tion. ( . . ( "." , f'Am '.W.- Nobhi'wf."a. Louis, -secretary .of the Interior, spoke In support of a reso lution, which' had been introduced by Rich ard C. Kerens ot that city, in favor of an Intercontinental railway to bring about rloser trade, relations between North and Houth America.. Among those '.who loin part hi ,llie, pro ceedings, bealdea the speakers, already noted, were Georgu J. Klndel of Denver, who enlivened the morning session' by ngaln attacking K. IX. Ilarrlman, and In troducing 'a resolution, which was referred, cali.iig for the resignation from membership of the Interstate Commerce commleaiun tf Judson C. Clements. Isham Randolph, consulting engineer of the Illinois canal, declared that Chicago and the state of . Illinois stood ready to give that stream, which cost $2t.00Q,0uO. to the United BtateS' whenever the govern ment would complete) the channel to the Mississippi river. This la In the Interest of a lake to the gulf, waterway. . . Other speakers were V. C. Aldereon, president of the Colorado School of Mines; Ik T. Pryor, president of the Southwest Cattle Raisers' association; t H, Nejwull, Edward Mead and W. H. Herron, govern mental department experts, and Repre sentatives John W. Stevens ot Texas and Edgar C. Ellis of Missouri. Naval Construction Paelae. At the opening of the congress this morn ing Arthur M. Francis, the eecretary, read a paper by. George W. Dickie, who waa ' unable to be present, on "Naval Construc tion on the Pacific Coast." Mr. Dickie ad vocated Increased facilities in the ship yard on the Pacific coast end "enough work to kerp them la condition to render the government efficient service In cane of war." Tim Houth American diplomats from Washlngtui who attemle-d the Commercial club banquet and the opening sessions here of tho Transmlsslsslppl Commercial con gress. Minister t'aldeion of Bolivia, Min ister tardo of Peru. Minister Cortes of Colombia, and secretary of the Brasilia.! iMgation, Guigel do Amarel, departed for i h eajt early today, going via St. Louis. Th ohnrge d'affaires. Toachum, of the Chilean legation, left the city yesterday. Aaaaolpa oa Waterwaya. lhai) Randolph, chlof engineer ill charge of ths sant'ary and khip ransl of Chlcano, lieaktug on the "iH-ep Waterway from the ltkca to the Gulf." td: There la a Jiving menace to the full ertl leniy of the waterway. Tho more water win through Us cliann-l drawn from Laikc MI'hlHU ilia lietter will Ise (lie Ktage of waii'r in tha channel which we have been cllnl!e ing. This menace rtoine from an liilcriuitloii 'l waterwaa cuiiiniloHlon railed for by tho snine art of June ;:, wl. h npproprlnted l.,'".fi foi the survey and ea- tiiuat lor waterway from Lockport to i IXMiis. -i his act waa all right In pro- ; m.re cf King Ueoige or Greece. About viding f.r international control of Interna- , ' ., , . , tkin.J waters, but -Alien U also Included ' 4(w ",ra policemen, have arrived here from wincra l-ihuiary thereto It was all wrong, the province, ihc carbineer have been lor that ait liivliatiou to an alien powr reinforced and the troops loniiljig the gar lo take m hand In ths control of our do- . . ..... mesilc. artulia. rison have la-en t.ug umented. All an- 'J'lil irternatloiia! waterways commission, archists or aunpocted persona are under if report b tr-ie, ir.ommends a treaty rloe surveillance. will n win ouui. intj iirr -o tn- aruan In e lilt-ago (or sanitary coble tet ir second. purposes to lll.UU Vve iKiecl not less ' lia 1 1 J4, tmA cubic feet per second. Will yuu GIBRALTAR. Nov. 22. Four companies protect us against any treotty which 'lm- of Spanish infantry stationed at Algectraa V Vl,.,Vr"ny0S.nTrtoW,lV.1iy Sd rd to hM '""lv in mates? Ne nea this water for health, r.ailliicsa to start for Morocco Fhould de Wu need It for commerce. velonments In the situation there; require Kinds! Hepllea to Harrlmaa. ... ... v.. t-.,.,.. wnw on jucs. .lay replied In a heated manner to E. H. Harrtman'a statements to tha congress re- gardlng ratlroe.d matter, again today took ,.,..ti. in ,i,nv ths truth f u, n.. . . - Y -1 J 1 .. Tl . 1 man's claim tlist all freight rate go down lather than up, and t criticise caustically Ida statement that th government should irlva th railroada mors power. Then Mr. Klndel created a iir by Intro-ilti.-ing a resolution that berauie of certain ruling, which Klndel decUied to be dls- ItJiMilluucd ott I'll lit !-('.. TWO TRAINMEN ARE KILLED areaHar Halle on Great or1hera Seal Passenger Trala Into the Ditch. ST. PAUL,, Nov. !. A special to the trts- patch from Lnkota, N. D says: By the spreading of rails the Oriental Limited. Ureal Northern Transrnnllnc ntal passenger train, which left St. Paul for the west i.l W:?,0 o'clock Wrdncfday morning, was wrecked at Doyon early today. A. H. Comfort, engineer, of Grand Forks, N. D., and Peter Mnrriset. a fireman of Mlnot, who was lelng carried free, were killed. Regular Fireman Wright of Devil's Lake Jumped and saved his life. Seventeen per sons were more or less seriously injured. They arc: Jnhn Kinte, Devil's Luke; raok sprained. Albert Mayers. United Btntes soiiiler. en roulo to Kort Asemlliolne; Obck Injured. M. W. DombecK. Kosholt, Wis., leg 01 uised. H. A. Smith, United States soldier; back nnrt. S. A. Stark, United States soldier; hand bodly cut. A. Weigort, New To;k; wrist sprained. Ina LHnfit. Minot, N. D. ; bars injured. Cieorse W. 'Uytra, Greenburg. Ind.i ankle sprained. F. M. McCurdy, Gllroy, Cnl.: face bruised. Mm. E. M. McCjrdy; arm and shoulder Injured. J. W'lntergreen, San Francisco; leg and hand injured. Mrs. J. Wintergreeu, San Francisco; ankle bndly sprained. Mrs. bre r, Hans. Mich.; arm hurt. K. D. Lindsay, Manetleld, O. ; arm and bark hurt. Mrs. t D. Lindsay, Mansfield, O.; head injured. Phil March, East Grand Forks; arm and leg hurt. A. K. David, messenger; ankle hurt. The train was running at a high rate of ")eed In an endeavor to make up time, it ,.elng a half hour late, nnd when the track apread every car left the track. The en gine went to the north side of the track and the tender to the south. The mall car shot out into a Meld, passing the en gine, and turned completely around, but did not upset. The baggage err followed the mail car, but remained upright. The smoker waa derailed, but none of the paa aengera In it waa Injured. Nearly all of the Injured were in the day coach and tourist car. The latter, on leaving tho track, went down a six-foot embankment and turned on Us side. The passengers were taken out through the - windows. Twenty women were removed In this man ner and as many men. The passengers In the dining car were severely scalded by flying lye. Engineer Comfort was still sit ting In his seat In the cab when round. The running board of the engine had severed his body. He was gaxlng straight ahead and apparently had not moved. The accident happened shortly before 1 o'clock this morning and the train, when It left Lakota ahortly before that time, passed through here at alxly miles an hour. Shortly after 1 o'clock a relief train waa made up and brought back many of the injured, who were made comfortable In a hotel." The rest were brought In later this morning. - NEW YORK CENTRAL .FINED Flew York Jadge Assesses Railroad Blghteea Thousand Dollars for Graatlaa; Rebates. NEW TORK. Nov. 23. Judge Holt of the United States circuit court today fined the Nw York Central and Hudson 'River rail road, company J1.0W for rebating rate charges to the. American Sugar Refining company. The fine was the result of an indictment charging the company -with rebating In the sum of $28,1100.. to the .American Sugar Re fining company, on which charge the defendant company had been found guilty. Sentenco in tho caso of the American Sugar Refining company, convicted of receiving the rebates, was deterred until Tuesday next. There were two counts In the Indictments against the New York Central and a flna of tluS,anl already had been imposed on the first count. ..'.... N In passing sentence Judge Holt denied the contention ot the. counsel that a cor poration cannot be fined. He declared that under tbe provislous of the Elkins act a corporation is responsible for the acts of its agents. LORDS DISLIKE HOME RULE Welsh Educational Bill Feels Weight ot Opinion In British Vpper llonse. LONDON. Nov. rA On the ground that It contained the spirit of home rule, the House ot Lords this afternoon by a vote of 109 to 44 struck jut the clause In the education bill empowering the establish ment of a central education council for Wnlea. Aa umended by tho upper Iiouho the bill Is wholly unacceptable to the povernment, and the majority In tha Iloiw of Com mons, who contend that It has become frankly denominational since it requires religious instruction be given in the schools dally, no schools will be recognized aa public elementary schools. The non-conformist are Im-euoed at the amendments. Strong efforts are being niad to arrange, some workable compromise. British buuboat Af mind. HONOLULU. Nov. X. The British river j gunboat Robin stranded today on a Hand bank at Kumschuu. j lie gunboat Moorhen has been dispatched to hi r aid and the torpedo boats I'ume and Handy will follow tomorrow morning. No lives were loxt. The outlook for ivrloating the vessel Is considered hopeful. The Robin Is lui) fret long, with a beam of twenty feet and a mean draught of twenty Inches. It was hullt for service In shallow rivers. , l'allve to tiaard Ureeiaa King. ROM F, Nov. 22. Thorough precautionary measuiva have been taken to Insure order ! tomorrow on the occasion of the arrival Spanish Troeips fur Morot-ro. the landing of foreign troop. Aaary Hoy tkeutt Traehars. I-TNASL'TAW ANK Y. Pa.. Nov. a-R,.. 1 cause his teacher reiiiKfd to grant him pernd-sion to go hm.Ung. Jain Denmu. rt. Jr.. K e-rs old. shot and seriously wounded Prof. J. E. Kolilr, principal, anil .... 1 dnt.r lllu l,..Llbl,l .J...-., ... I """i o".'"" "".'to vun ditlon Is critical. lMjugn-rty wus arreatrd. ' ' puul" . urr-v iirs, NEW YORK, Nov. 2. A .ll drt-s.,-d woman. wlio nnme is rot known to police, shot and wounded three men t Vinyl ninth ire-4 and Madison avenue c ti is aif-r-noon. Ui of tlit) ioet wss a doc tor, wtio vi is s-ild t ) have ticesn atu-miitig le r. 2Uer Wuliucu wa airtsua. CASE FOR SUPREME COURT Mooon Sailroad (b alienees Bulioe of Commieiion on Kewgpaper Mileage. HOLDS EXCHANGE CONTRACTS ARE LEGAL Roll us, that Lave Requires Pajment for All Railroad Services to Re la Moaey Alleaed to He Fallacious. r-HTCAnci v,.,- t, .nnrerne court of the United States Is to be asked to pass upon the question wheher a railroad com pany can Issue transportation in exchangs for advertising In newspapers. A test cane la to be made In Illinois, or rather an op portunity be given to the Interstate Com merce commission to have the courts pass upon their ruling that nothing but money can bo lawfully received or accepted in payment for transportation. Shortly after th new rato law went Into effect the Question came before the com mission and that body decided that only money could be accepted. The Justice of this ruling waa not seen by the legal de partment of the Motion railroad and Mr. Oeorgo Krctzlnger. the general counsel, and Mr. E. C. Field, the general solicitor, wrote to the Interstate Commerce commis sion and gave their construction of the law barked by decisions of the courts. They said they had carefully considered the law before the promulgation of the rule and under their construction of the law had entered Into eontracts In good faith with publishers for tho publication of time cards, etc.,- and for the payment of such serivces in transportation at the rate flxod by tho Monon's duly published tariff, which In every Instance was the ex act equivalent of the agreed price for pub lication. . Ruling; of Courts Cited. The law, they said, nowhere provides that payment for transportation shall be In money, and It must therefore follow that the freedom of contract ax between a rail road and an Individual is precisely tho some as between other citizens. If this be true, they went on to say, it Is difficult to understand when one does a service for a railway corporation under a contract made in good faith and for an agreed considera tion, admittedly fair, that the parties may not mutually stipulate for tho payment in anything but money. To hold otherwise, they urged, is to deny the freedom of con- traot to u particular class. The rule as universally stated and upheld by tho courts Is: What the purtien agree shall constitute the payment, the law will adjudge to be payment. It Isj competent for parties lo designate by their contracts, how and In what, payment may be made. It Is by no means true that payment can only be made In money; on tho contrary, it may bo mado In property, or in services. The inhibition they added, agalnat charg ing a "greater or less or different com pensation" relates alone to a difference In the "established rate'1 and not to the man ner or mamng payment. $ . .'. . Intention- of tha Law. ' Tho evil which the act is .Intended' to remedy, it was urged, ' is that a rate pub lished should not mean one thlrtg to one man and auotber thing to another, and the law Ht'lnteiirt'to miilte It. pWtt' that the puhllntvci' jato.Jn fart as well as in form, shall mean the fiinm to all. "It'wotild' be Immaterial,' therefore.-In the accomplish, mrnt of this end whether, tho rate should be paid In money or In actual services per formed, if .the service were the equivalent of the money. The. rule as propounded by the commission, they say, would mean an anomaly in the law. In that corporations could do Indirectly what ' thoy are prohib ited from doing directly. As an Illustration, they say; We contract for a given advertisement for six month at $100, which Is forthwith paid. The publisher concurrently there, with buys four l,i0-mile books, the price being J10U. and the price Just received for the advertisement, he tury back to the company for his mileage books. Whether, therefore, tho tranisaction Is consummated in one woy or tho other, the result Is pre cisely the same. It Is not believed, the attorneys suld, that the commission intended either to re strict the right to contract or prescribe tho particular manner of performing t"on tracts, but on the contrary, that the aolo purpose of the commission is to scrutinize contracts and to see that they are not merely devices or subterfuges to evade the law. Munon Slakes Contractu. The Interstate Commerce commission did not reply to the letter of Mr. Kretilnger and Mr. Field, which was dated October 1, and I'resident McDoel of the Honor, road j has l8BJ0j 0,ders to the passenger depart ment to continue making contracts wilh publishers of newspapers and to iasuo transportation In payment for equivalent advertising. Aa the Interstate Commerce cominisaion, having made a ruling on the subject, will likely adhere to It. lheMonon railroad will sooner or luter be notified to uppear, and this will be the first step toward a. con struction by the (supreme court of the United States of the commission's Inter pretation of the new railway rate bill. Aa the publisher who accepts transportation Is also liable under the law. one who ac cepts transportation from the Motion may also be cited to appear In order that-both parties to the contract may have the ques tion of thoir amenability passed upon at the same time. Minneapolis llrarlaa: Eads. MINNEAPOLIS. Nov. i!. The Minnenp- I oils healings, conducted by tho Interstate I Commerce commission for the purpose of 1 investigating method used In the grain1 business of the northwest and the re la- Hons of railroads and grain companies, I camo to an abrupt end. at 3 p. m. today, the attorney for the commission stating ' that be had examined all the witnesses be desired. Commissioner Prouty thereupon announced that the commission will me. t tomorrow lo Duluth. This afternoon the witnesses discussed farmers' rcpresent.i- tlon ou tha Chamber of Commerce floor, V. Q. Vhndusen gave statistic which show It is the ink of railroad facilities which are retarding the movuim-nl of the crops and not limited accommodation for terminal storage. He said that at the head of th lake the terminal storage ca pacity la y.Kif.Uo bushels. These eluvators now have on hand but ,87S.iim bushels. At MinneapolU the terminal capacity is jn.. Ht.Mi butbels. There Is on htinj but tt.t67.0ilO bushels. looays eesMinony u sneu ngnt on , Klve Tribes entitles all tiegroea In tlw the system of aendiag que.tatkms out to Choctaw Nation, who are known us fre-ed-country elevators from Minneapolis with men. unarr ,he ago of a. wh) w.ere living a view to ke-eping the country buy era March 4. ISuS. to a plae-e on the rolls. B postad. It wa shown that the service of tv.en 3. und . yieoplo are affected. market cjuotnticina lor tr.e various elevator - I ., ..i..,..,.D..e .., v.. ,, . ..j iiimiy nne.. j elevator comiwnles, independent elevators, ondlaimeM-a co-operative htue. WltnK. were ulso heard who substantiated the Us- tlreumy given yesterday by Frank T. U-f- feltingcr that frequently price in the coun- try arw In excess of thu quotations sent cut by quotation Durvt.us. PRESENT FOR MISS WILSON Daaahtrr of Lahor roasrreasw Fleet t.lreo M Watrh by America Frdrratloa. MINNEAPOLIS, Mlruw.Nov. J2.-Bcoausu Mie went on the stump In behslf of her trade unionist father. ihd was elected to congress from a Pennsylvania district. Miss Agnes Wilson was called before the con vention of "thii American Federation of Labor thift mnrninff and rtrMiented With a solid gold diamond studded watch and j a huge hniKiuet of chrysanthemums. Miss WllHOn is tha daughter of Congress- man - elect William 11. Wilson. Frank K. Foster of Boston made the presentation. A resolution offered by the structural Iron workers asking (ho federation to frame a bill providing for a revision of defendants and witnesses interested in me tho tariff schedule on stool , and Iron I Rlchards-Comstock case filed In perfuno products started a. dlsruwion, which for a 'orlIr too their various place and the time threatened to drag the federation Into politics. It was contended that the selling of steel products In foreign countries cheaper than here is "detrimental to not only the work tngnian. but the country at lurgc." Tho reaolution was voted down. The old-tlmo fight between the brewery workers, engineers, firemen anil tea-matera was started again and was still a bone of contention when the convention adjourned. At the convention of the American Fed eration of Lahor todfy a reaolution was Introduced under special order In lchalf of tho International Typographical union, the International PrcKamftn's union, the Assistants' union and the International Brotherhood of Bookbinder. The resolution calls, on the federation to Investigate the general policy of Public Printer Stilling towards tbe employes of the office and gives reasons for such' re quest. It Is probable that the "open shop" policy announced by President Roosevelt In the MlUer rase will come In for Its share of the comment whea this resolution 'Is taken up. A resolution was adopted call ing on the various affiliated unions of the federation to. support the trades union pa pers of the country by aiding them to ex tend their circulation and by patronizing their Job offices when such shops were opened by .tho papera GRANGE AGAINST FREE SEEDS Practice of Government Distribution Condemned aa Relug of No BeneBt. DENVER. Nov. 21 Tbe National Grange convention today udoptcd resolutions re ported by the committee on agriculture condemning free seed distribution by the government us being of no benefit, opposing a national fertilizer law end favoring amondment of ' the oleomargarine law by striking out the word "knowingly" to the end that conviction may be. secured for violation of the law. j On the resolution asking for , a national law to protect farmer against the sale of j nursery stock not true to name the com- 1 mlttee reported the reference of the matter i to the various state grange with a rec ommendation that they endeavor to secure protective legislation In their respective states. The report waa adopted. On a resolution askipar congress for an annual nppropriao ..Vise extension of agricultural edticatii.i; committee, re ported favorably ana the . report waa adopted. The present appropriation Is only t5.txo.000. The resolution aaka that It be $20,000,000, the amount which Secretary James Wilson estimates' as necessary. Aid in to be rendered along these lines; Agri cultural colleges, state departments of agri culture, training courses and training schools foT agricultural Instruction, to In troduce experimentally new features of agricultural education, to Increase the effi ciency of agricultural education in negro land grant colleges, etc. The co-operative committee's report waa adopted. It recommends co-operative cream erics, elevators, saving banks, trust com panies, building and loan associations, warehouses, grange fire Insurance compa nies nnd co-operative marketing of farm products, but without responsibility for thoir management or obligations. The committee on finance recommended that SK'.Oi" bo appropriated for lecture and educational work, and the report was adopted. COTTON OPERATIVES TO STRIKE Five Colons at Fall River Vote to Refuse OBr of Five Per Ceat , Advance. FALL RIVER, Mass., Nov. 22. The five unions of cotton mill operative at spe cial meetings tonight voted by large 'ma jorities to reject an offer of a 5 per -nt advance In waaes and lo go out on strike, next Monday morning unlens the demand for a TO per cent Increase Is granted before that time. Mayor Couglilin l endeavoring to arrange a confere.nco between tho manufacturer and -representative of tho Textile council In order to avoid a repetition of the busl nesa paralysis of 1JW4-OS, whan the mills were Idle for nearly Rlx months. Should a strike go Into effect, about-'j&.Wn opera tive would bo thrown out of work, and more than thirty corporations, operating reventy -rive' cloth mills, would be affected. There waa very little discussion at any of tho meeting tonight. Tho weavers" union, by a vote of tSI tn Si declared In favor of a strike ahnuld the full advance not ! be granted. The slasher tenders took the eamo position by a vote of TO to 3, the carders by 71 to lo. the loom fixers by 279 to 12 and the spinners by 127 to II. The votes do not alfect the seven mlllB operated by tho Fall River Iron Works. The ope ratives ask that wages be re- stored to the schedule paid previous to the reductions, which wore begun in J;03 and which amounted to 2ij ?r cent. Last i print f- partial restoration was made, bilnging the price of weaving standard twenty-elghl Inch. WxtH print cloth to I9.SO rents per cut. The fxice paid In 1'.J was j 21.7S ce nts, tho amount now asked. ' BIXBY'S DECISION OVERRULED Over Three Thousand rgroes Are KulKled to Plaeea ou t hoetasi Rolls. MUSKOGEE, I. T.. Nov. 22.-T!ie! ravers j by the Interior department tody e.f u de- t-ision by Commissioner Tama Blxby of the Kat h individual will receive! the equivalent ... . .: 0f forty acre oi lunu. commercially worth : $15 per acre-. ti-i i t 1 T K..v -.TIi r.,iii a,i,. senatorial committee Investigating attalrs In the Indian Territory arrived In Tulsa at midnight, and will hold a session here Fri- d.iy und have early Sattinfciv morning for ! Uurtlesvlllv. which toiuiud'-s the liUiciuiy LVlRY step is contested No Mora in Bit: Land Trial Escapes tbe Defense's lawyers. BJTER FIGHT WiLL t-E MADE TO ErD Juda- Manger's Court Room Too (Inlet la Mornlnar to Suggest Prog rria of Great Land Case. Judge Mungcr'a federal court room would never have been taken for tho scene Thursday morning of one of the greatest land trials on record. The army of lawyers, machinery of law started up with aa little stir and ceremony as if some petty offender as about to be brought before a pollen court Judge. The tedious part of the pro ceedings Is that now In process, examining papers and Identifying signatures and there is enough of this. It looks like, to engage tho court for a week. There was a brief delay In the assembling of the court because of the lllnea of Juror C, E. Uoden or Sterling, who Is troubled with heart disease. Mr. Boden'a Illness waa not of a serious character and ho was able to go on .with the trial. Pettyjohn Book on Stand. J. C. Pettyjohn, a witness of th6 previous day, took the stand when court convened j at 10 a. m. Tbe testimony of Mr. Petty John w;is distinctly of a formal character. relating wholly to tho Identification of entries and affidavit and the record of them on the books of tho Valentine land office. Tho question of whether the filing papers were executed nnd subscribed to before the wllnes? or whether they were so subscribed to when received at the Valen tine land office were gone Into ul some length. The proceedings thus far Indicate a de termination on the part of the defense to fight every Inch of ground and let no pos sibly advantage, technical or general, es- ca p,. Judge D. O. Dwyer of Plattamouth Is an additional aspoclate counsel for tho de fense. He Is particularly Interested In the case against Ami Todd, one of the defend ants In tho second group. Twenty-Four Entrymaa. Thus far tho entries of twenty-four e.n trymen have been identified and placed on record for fuller development In the later stages of the trial and upon which are based the material allegations against the defendants. - Mr. Pettyjohn's evidence will contlnuo to day, when the registrar of the land office at Alliance will be given an opportunity to Identify similar records and fillnga made In his office during the period covered by the allegations In the indictment.' The Indictment covers tne overt act of some sixty-three entrymen who were pro cured' to make the alleged unlawful fillnga with the understanding that they were not expected to establish a residence on the ' lands, and that they were to dlsposo of tho lands after final proof to the defendants. .The court adjourned at S o'clock, with Mr. Pettyjohn still on tho stand, until t):J0 this morning. STETOERS AND OURAND TALK Ambassadors Aire CSneata of Honor at Banquet of Xew York Chamber . of Commerce. NEW YORK. Nov. 1 The amlsnadors of two world power to the United States spoke at the annual banquet of the New York Chamber of Commerce at the Waldorf-Astoria tonight. They - were; Baron Speck von Sternberg of Germany and Sir Henry Mortimer Durnnd, representing tho British government. The former's theme, "Tho Commercial Relations Between 'the Gorman Emplro and tho United States." had been looked forward to as particularly apt at this time, when the German tariff question are under consideration. The topic of Sir Henry. "Diplomacy and Com merce, was anticipated with. Interest be- cause of his Intention soon to retire from public life. Another speech of the even- o,... n, n .. , ........... .,.. ,,. . cun.a of West Virginia, who anoke to the toast. "The Senate of tha United 8tate and Its , ,, . ., ; ne.auuun vuv, wu ri nuicm. The tonstmaster of tho banquet was Mor- ri. K. JmHun. nresldcnt of the I'luinW f ' . , Commerce. The decorations, illustrative of the International relations of the chamber, included the flags of England. France, Ger- tn.nv Holland Austria ILIrlnm KW. . , . '. . -J l . . V I I . . .... U . . . . ,... U 1 CI ,1 1, SWUl the banquet room. When President Jessup proposed the health of President Roosevelt he read a letter from the chief executive expressing hi regret that he could not be present. A message of regret from Commander Peary whs also road. Toasts to the health of King Edward of England. Emperor Wil liam of Germany and President Fnllleries j of France were drunk. The first toast of the evening was responded to by Huron von Sternberg, the German ambassador. Senator Chauncey M. Iiepjw, who for months had not attended any public gath erings, was present. GENERAL WINT GOES TO CUBA Sneered General Bell In Command ahortly After First of the Year. WASHINGTON. Nov. C2.-Erlgnflief Gen eral J. Franklin Bell, chief of staff of the? army, and now In command of the United States troop In Cuba, ho been ordered by Secretary of War Taft to return to this city on January 1 and resume his duties In tho department. Brigadier General Theodorr? J. Wint. now in command of the dpa.rtment of Missouri, will succeed CeneiM Le!l in cominund of the army In ?uba. The statement was made at the War de partment that it had been the Intention of Secretary Taft from the beginning to r- I lleve Gc-nera! Bell from duty in Cuba :ia . .1 . n II u , t. h ,1 li e.mt it hi lah.,1 eh ... . i on a basis satisfactory to the president and erre-tary of war. The president's policy In Cuba ha been entrusted to Governor Ma lt 00 11 sod General Bell, and - the latter' Work will have bean completed by the first of th year. General Wlnt Is an officer In 1 whom thee department ha great confidence 1 j iie was in command of thj eamn .1 v-l . Si-mm. and had charge of the embarka- , tion cf the tr0op for Cuba. MISS HELEN LAMBERT IS DEAD Artrrs Mho Was In Tom Cooper's Automobile Marc-am us to Injuries. e NEW YORK. Nov. 22 Helen Lambert, the actrc-s who waa Injured In the auto mobile collision in Cent-al park In vvhlth Tom Cooper lost hi life, dlel this aft r noon in Roosevelt hospital. This is the thltd d-ath from the accident. NEBRASKA WEATHER FORECAST Colder aad Cloudy Friday! Prohahly Local Saorrs. Saturday Fair. Temperature at Omaha Yrstrrdayt Hour. Dec. Hour. Dear. B a tn 24 1 p. ra a. m Wi 3 p. at T a. m 114 . m n 8 a. m 24 4 p. n 4n On ni 23 JV p. tu 44 10 a m 8 . m .4.1 11 a. n 3U T p. m. 4 12 m 4 H p m 3" o p. m an SUIT AGAINST PIPE LINE Buckeye Company Accused of Vio lating; State Law by Attorney tirneral of Ohio, FINDLAY. O.. Nov. J2 The Tiuckeye Pipe Lino company was made defendant In a suit filed In the circuit court today by William L. D.ivld. prosecuting attorney of Hancock county, and George H. Ptwlps, from the attorney genernl' office. Th Ftste of Ohio is the plaintiff. The petition allegts that the Buckeye Pipe IJne company Is organized under tho law of Ohio, with a capital stock of tin.orO.OOo, and Is empowcrod to transport and store petroleum by means of pipe. The petition charges that ever since Its organi zation, In is.se, t has been a member of an illegal combination known as the Standard Oil company. It operates In six counties In northwestern Ohio, nnd charge 2) cents per barrel for'tho transportation of oil any distance. Such charges. It It said, are only nominal, and are imposed lo prevent others from availing themselves of puch facilities. Tho charges arc alleged to be wholly dis proportionate to tho services, rendered. It 1 stntfd to bs tho duty of tho defendant as a common carrier to afford the public equal fucllitleff for uso of it pipe lines, and that tho charges should not be more than one-eighth of 1 per cent. Plalntlflf prays for an alternative writ of mandamus and that tho defendant provide for the public equal and Just facilities and transportation In Ohio and fix a nchedulu of rat"s. The petition Is signed by Wado H. Kills, attor ney general. JOCKEY CLUB IS OUSTED Supreme Court of Missouri Decides that Delmar Concern Violated Ita Charter. JEFFERSON CITY. Mo.. Nov. Ci The supreme court today concluded the suit brought by Attorney General Hadley to oust the Delmar Jockey club from the state by issuing a writ of ouster. Last summer a decision was rendered by the court that the club had violated Its charter by allowing betting In the races after the repeal of tho breeders' law. At torneys for the club filed a motion for a rehearing and the case has been kept In court Today's declaion. It Is eald, la final. The- ouster order was : issued on the grounds that the club had" violated tho pro visions of Its charter by pool selling and bookmaklng In violation of the law, and because the grounds . were not used for holding fairs where agricultural property was placed on exhibition. The ouster, suit was -filed by ' Attorney General Hadley. Judge Grave wrote the opinion, holding that ths club should he ousted, . It charter forfeited , to the state and a fine of t.VOW ImposM. Judges Lamm and Vfllllaut concurred, but Justice Brace and Judges Gantt, Burgees and Fox dis sented against imposing a fine, hence tha ouster was ordered without the fine. ANTI-SALOON LEAGUE ELECTS Bishop 'Wilson la Chosen President and Rev. P. A. Baker General ' fterretary. ST. LOUIS, Nov. 22. After electing the following officers tho annual' convention I of the Anti-Saloon League of America se lected Norfolk, Va.. aj the place for the next meeting and adjourned alne'dle. I President, Bishop Luther B. Wilson; vice i nrp-idents. Hlshon O. M. Matthew. Chi i caao: Rev. Father J. M. Mot'lary. Mtnne. epoll"'. Hev. Dr. D. J. Bun-ell. New York Cly: Bishop J.W. Hamilton. Ban Fran- rtgco; Mev. ir. r . u. rower, vusningion 1). .: ReVi W. B. Crumnton. Montgomery . ila JIUu?,I,Cnnrl6'". AX,Po',lo'k V"' , N. D. ; Rev. Washington Gladden. Coluinus, ,j . Hev. y. ' T. McEwan. Fl ttStH! rg; HCV ! J. C- Barr. Ntw Orleans: Rv. Dr. Ellis, Macon. '.: general secretary. Rev. P. A. Baker, Columbus O. ; recording secretary, ,-tt.v. E. R Nicholson. Harrlsburg. Pa.; cor- responding secrttary, James L. Ewln, j Washington: treasurer, Foster Copeland, j Columbus, O. The afternoon session of the convention was addressed by Rev. W. B. Pkkard of Buffalo and Rev. Frank Taylor of St. Louis, A resolution was adopted authorizing a memorial to congress urging the adoption of a hw by which the. president will bo em- ! I"""1 "Plaint a commission to invcstl gate the relation that saloons bear to crime. WILSON'S BCDYJS AT REST SerTlees UelH la Honor of Memory of Revolutionary Hero at Philadelphia. PHILADELPHIA, Nor. 22.-ln the pres ence of a distinguished company the body of James Wilson, a great figure In the American revolution, which lay in a North Carolina grave for years, was bv the side of that of his wife groun . of historic Christ churrh. The cere- n.on...s attending the reinterment were slm pie but ImpresHlve. Prior to the services at Christ church the body lay In atate in the declaration room in Independence hall, where thousands of persons filed past by the bier. While the beidy waa being escorted from Independence hall to Christ church the proctsslon passed the grave of Benjamin Franklin, where It halted and stood In silence for a moment. Following the service at the church trih .0 Au in tlie Ti&trlot were delivered um . .. i e. ocners uy .iiiu.i w"t vuine- glc Dr. S. Weir Mitchell and Attorney General Moody, for the president. NEGRO TROOPERS HAVE FRIEND Attempt W ill Be Made to Find Work fur Discharged soldier la East. I blKh character aa a man ami ids dlstln- vvn, vririv- v,n -'Th hr mu,i ' guished servlc- a a fii,ancir and banaev. NEW IORK, No. , The thle-e. com- Kountae wss ent-.-egej In the. busin-s paniea cf negro troopa discharged from tha t linking In Nebra-K.a from Its fiv.ind.ulon United States army by order of President In terrluuUI dav. and tne Influence of hi -. 1. . in t. ..i,,. i f. , tu. 11. Iiuslness care- for htilf a century Ina al- Roosevelt will ba taken to Chxago, FUlla- Vi, toarrt lhl. unbuilding of our dtlphta and New Tea k, ac cording to a plan 1nni .tunors -Mid the advanvt-mestit of cor annouccd iKfe today. Tha movement is rert banking, nnd, like th purity of his pr k. .tnni K,. ,i, -i.e. aoiiftl life, will long . con tin uo to reflect sniu j n-.-r . .. i of the three c-ltl-B. According to tills plan the former ol Ulurs will be clothed and rare.) for by com mittee- and employment found, and plana have been so arranged so that any cliiae who U Interested In th case and desires to bear the soldiers' side of the tory will lueve acc-- to the merl. At pretx-nt the; swldiers arc at Foil R-no, OkL j iSSET SYSTEM WINS Yates Element Trinmphi Over icfrocates of Credit Cnrrency Plan. ECKLES AND FROF. JOHNSON DEFEATED Nebraska Banters linuorge Former Policy After an Animated ritonts.on. VARIED VIEWS ON CAUSE OF STRINGENCIES H. ty. Tales Bays u-nntry Conld Cperats on fourth of Fresent Volume, DR. P. I. HALL LECTED PRESIDENT Laraest Attendance In History uf Association at tbe toaTeatlon Resolutions on Death of Herman Kountse. Praeldant 1. Z. Ball, oaahisr Co- , lumbla National tank, X,Lnooln. Ksnry W. Tatss, Cbalrmaa Sxsctt tlv Council; W. S. Haghsa, aoors taryi frank T. Hamilton, Traaaurar. Haw Msmbsra Executive Comu.lttef for roar Tsars T. S. Caldwell, Omaha; Track McGtvern, Trsmonti O. B. Barnham, Norfolk; T. K. Davie, Bearer City. Resolutions doc luring against tho Issue o. bank note currency, except as now author ized, were pnseed by the Nebraska Bank ers' association at the closing fce.-slon of iti tenth annual convention Thursday after noon. Victory for the champlona of asset cur rency was attained only after a heated de hate of nearly an hour. In which Henry W. Yates, chairman of the national legisla tive commltteo and of the resolutions com mittee, with two mrmbrs of tho latter committee arrayed on the opposing s'.da, fought alono against numerous defender of the credit currency ayatcm proposed by a committee of tho American Bankers' aa sociatlon, of which Luther Drake waa a member, advocated by James H. Ecklea In an address before the bankers Wednesday and again Thursday by Prof. Joseph French Johnson, dean of the New York University school of commerce, account and finance. Convention Stands by Yates Though Mr. Yates was left alone In de bate, the convention was with him when it came to voting and the resolutions ho pre sented were passed by a vote ot t0 to 3!". The credit currency argument waa Initi ated by E. R. Gumey of Fremont, who moved an amendment to the resolutlona, and It was taken up by Prof. Johnson, D. R. Forgan of Chicago. 8. H. Barnham ol Lincoln. Charlca K. Hart of Prosser and others. A. L. Clarke of llaStinga objected to the words "Impending panic." P. 1 Hall of Lincoln withheld hla approval of th second part of the resolution on tho ground that It might be construed as advo cating an asset currency by which Ilia rights of the depositors would take second place to the rights of the holeJers of U currency. -va. What Mr. Gurhey colled nl amendmciA . was in renllty a substitute for th orig inal motion. It .endorse the system of. currency advocated at Washington recently by a commltteo' of the American Bankers' association. Mr. Gumey dramatically pleaded for tile doptlon ot his amendment, declaring that with many time larger Interests and broader activities the country ' la getting along with about the same amount ot cur rency It had ten years ago; but the strin gency of the New York money market each fall is becoming so serious as to menaco tho prosperity of the bankers and the peo- plo of the entire country- Lack of Elasticity. . "The lack of elasticity In the cui rency, la what causes the upa and downs ot inter est," aald D. R. Forgan of Chloago. ' "It la a great disgrace to us that in the finan cial center of our country Interest should get as low as 1 per cent at one time, and aa high aa 150 per cent at another. I ob ject to tho words "impending panic" tu tho resolutions. The act op taking out i.i curroncy would bring the panic and bring It dn. quick." Prof. Johnson admitted It true, aa Mr. Yatc maintained, that New York some times sends nearly tlOn.OOO.iXiO west in- the fall, yet does not sufler a decree 16 In bank deposits. This holding up of tha receipts, he said, is duo to the fact that the rate of Interest goes up and New York im port gold from Europe. , Mr. Yates declared the country could do business on ona-fotirth It present volume) of currency and that tho cause ot the stringency in New York are peculiar to that market. He Bhowed tho immense volumo per capita of credit money in thu United Starts, as compared with other countries, and said It Would be folly to is sue more. Text of Resolution. Following 1 the text of the resolution aa paed: Resolved That we are opposed to the Ifsue in time of financial pcaoe, like th pi-eaent, of any hank note currency, except that now authorized, secured by a deposit of United State- bonds. Resolved. That we tavor legislation by conitrpnH authorising the Issue of nn today placed emergency circulation which will be taxed in ei V, i i " heavily that li would not be Issued x in tne nurial cept n time of great e-omme rclal stringency ; and impending panic nnd would be retired when the conditions requiring It issue no longer axlste-d. Resolvt-d. That we favor the repeal of tha clause In the national currency act limiting the redemption of notional bank note to 3,uJ.'W a month. Resolutions oa Herman Kouatae. These resolutions in tuemcry of Herman KocitiUi: were prune reel bv a vpertal com mittee, roael by Senator Millard and adopted unanimously by vising vote: Whereas, It baa nleoaed Almighty fcd in His wisdom to take front his life of nseful- 1 ress our iHww iihihit. iiTnmn noimtic. , ...,,,, ,k Kirr X'srlonal li.k ,.t e imaliu. l e It Reseilved, By tho hanker of Ne-bMk, In convention assembled, as a tesiimtmy uf iHir reijard anci enee-m and In roognltloit nf tho iors our ureifee-nioli has SU fired by his de-ath, as follows The death e-f Mr. Kotinlr.e removed from. Uii-) slate and the wist one of the ablest, most rust-! and beloved iiu-mlier of Uiei proiesslon. and wo esteem It a prlvilc in our ls-re-avc-nient to record in "lerrneneut form our uneiualitie-d 41 iii cr lotion of hi iionor ifi'in his iijiiip. The otrieei of this association ar dl- recteel I" send e-ngiose-d ropie.i of the- i-e-solutii'ii to the finally -if Mr. Kountx and 11 No one to the First National bunk. P. L. Hall delivered ou address Thursday 11 ut,',' -,lllIlkll , v..i.r. Twsntv y ,ari A)u ln llU n ho. Buve Ui)J figure , Hhliw Uu. gruWti, t,f trie banking ln- iC.'ininu'.d on Fourth Paga.
