Fhe Omaha Daily
Bee
VOL. XXXVI-NO. 146.
OMAHA, WEDNESDAY MORNING, DECEMBER 5, 11WG-TWELVE TAGES.
SINGLE COPY THREE CENTS.
1
f
r
VAN CLEAVE ON LABOR
r.-etidsct of HaauficturciV Association
Addreitet the Ci'.iiens' Alliance,
REASONS TOR G0MPLR3 AND HEARST
Cgptain. of IaJaitry Directly Eeiponiible
for Their Ptopaetoda.
OPPRESSION OF EMPLOYES MUST CEASE
Cutbr-aki Will Continue- Until Abmei
Which Came Them Are Eemoted,
EQUALITY OF PRIVILEGES AND DUTIES
Great Need of the Tlnn 1 rrotoraal
t o-oprraloa Between Capital aad
Labor Resolution Arc
Adopted.
CHICAGO. Dec 4 James W. Van t . '
ct St. Louis, president of the National .f
relation or Manufacturers, cmverea im
principal address today before the conven
tion of the Cltlrens' Industrial sssoclatlo.-.
Mr. Van Cleve condemned strongly men
who oppressed their employes, declaring
such a man to be "a worse cltlsen than th
demagogue he assails."
Mr. Vun Clove said In part:
Mr Cliulrman and Gen.lemen: I am In
vited to acl.lr' vi.iii today as the president
ol the National 'Association of Manulnc
turers, which represents millions of work
era snd billions of dollars of capital. It Is
by far the strongest organisation of any
sort In this country. My subject will be
the "fit Irons' Industrial Association from
the Standpoint , of the Manufacturer."
It Is for us to understand that some
of the captains of Industry, the heads of
great aKrregatlor.a of capital and some em
ployers of labor In general, are responsible
for Uompers and Hearst.
In this I am hupy to say that Gonipers
en overwhelmingly benten in his crusade
for class conscription. Kvery candidate he
opposed waa elected. Hearst was defeated,
but only by Sd.utO votes, not by the 160.OO
or (Xn.ftiXl all of us would liked to have seen.
jui nave we killed oomperirn ana Hearst- 1
mm : iuai is me i;uetlon. l ney wru viii.
leaders In the eruption we have fought.
'I he outbreaks cannot be ended perma
nently until the abuses which caused them
have len removed.'
Assaults on social sanity and the publlo
order may be renewed two years, hence.
The marplots were never more numerous
than now. Possibly they are on the in
crease. Wa have the Brysns. the Heufs.
the Morans and tha Schmltses In lfK. Let
ua beware lest In neglecting to cure th
ZZZZ, ITS." IJX? "'""rr.
riant In 190.
Originally the labor unions were called into
being by the oppresai n of Mia employers.
In several nays they have done good ser
vice to the workers. Trey ha-e prjmcted
fiiendr- feelin and cultivated a SDlrit
of helpfulness unong t. en In all sots of
oc-uparion. They have, aided In advancing
J uuu ill nn iib,t viiaiui u iui lii . i
larger share of wealth the co-operation of
labor and capital produced. As fair men
we must concede all this.
Evils Art Apparent.
Nevertheless, while recognising and com
mending the good tha unions have done,
l cannot clone our eyes to the evtle annia
of their tarhlr- arc Inciting. In the in
teres r of lndisi rial r.'r and lastlnr har
mony bt ween '; plovers and workmen we
must oppose those principle and methods
of the unions which have been opposed by
the most prominent men of the country,
men friendly to labor fend champions- of a
square deal f r capital and labor alike.
Those men condemn, as we do:
First The closed shop.
Second The restriction of the number of
apprentices.
Third 1 he boycott.
Fourth The attempt by labor leaders to
draw class lines and to make the laborers
believe the employers are their enemies.
We muet also, as patriotic Americans,
condemn the blacklisting snd proscription
bv tl.f American Federation of I-Kbor in
the recent election. The laborers outside I
the unions ho constitute ten times aa
many workers as within the unions are op
posed to the enactment of laws which tne
labor union bosses are attempting to push
through congress.
As an ally in combating the extremists
who Would revolutionise society and assail
the Individual a property and social rights
all good citizens should welcome such o
operatlon as the labor unions afford. For
this reason the employe: who would like to
strlk down all labor unions Indiscrim
inately Is blind to hl own Interests as well
faithless to his duty to the general
publiev
Wa must. In particular, show tha oppres
sive employer that he Is raising up against
himself and putting weapons In his ene
mies' hands, as wel as in those of mis
chief makers warring on society. We mint
how this employer he Is a worn uUwd
than th demagogue tie assails.
fcaaallty of Prlvllesjo.
TI.e principle of Americanism Is equality
of privileges and duties. We must bring
employer and employ Into fraternal co
upeiaituo. fcHM-h l nceary to the other's
Kir. If lha worker Is uisconienied the
employer's luierests, social and nnncii,
sutler. Strife between classes has no pluc 1
In Ui soda.', economy of democratic Aiuer- j
lea. Leav that lo our fcuroptma nelgu-
bThe American people must stand by th .
American doctrine oi equal chances fur ad
vancement tor all. Kvery member of the
coimuuiU-y must be encouraged U mak th
beex p,iUie use of his talent. e must
.-n.i,r.h iiiiln schools for the youth uud I
tree mployment bureaus for all. V n.ut
upporl (ree legal departments, wher the
ouuieSHed onas. no matter how poor they
niv be, can secure aid to justice.
mpToyer i must 'sT. Th. wor "ke, that
it is best tor mm vo renuer i.ir "j
l. u. i- .)-' tmv. mut Drove
th. I,.,, relation of capital and labor ta
fraternity, not war. The same reward for
right COB'lucl alio in wnw iiuihi-hi
Wroi.g doing mu-l wn nvii .nu wi
altk Thu we shall abolish strikes ana ated from express companies failur to dt
Wnnuis. iir.cve tl! th workers' rteniie fi,r liver ll.ut) package from Searchlight. Nev.,
enactment of anti-Injunction laws and .--
t.bll.h an era ot Industrial peace through-
out America.
Resolutions Are Adopted.
Resolutions denouncing child labor and
calling for th establishment of trade
schools throughout the Vnlted States were
passed by th association Just before th
close of th cotiventlon.
.- .
. i w r e n.,,1. Cri viirh
-
was re-
lected prmldent; F. G Nunemacher
of Louisville ana james ..an iieave or
aU. Louis wer elected vie president Th
following men were chosen as members of !
the governing board: j
(reor P. Bent. Chicago: T. J. Mahoney, i
Or.-aV'a: A. C. Pro-, rAioux Kails, 8. D. !
J W. Franks, Peoria, lll. I
Th convention will b held nxt year In
lUittl Creea, iiicn.
r.. ii nmcm-rn r-o-.-r--
KUi-IAri rniaWlliCn tOUHrCS
(lorB 6tnkl Cssflete sf Org as.
rl..,.. Iteolntlol.. !
tiled rio-atla nevalatloalst
Ha Reached tailed States.
SAN FRANCISCO, Pec. --Gorg Gr-
l.iml. a Russian politimtl prisoner of
Sil-erla, arrived yesterday on the China.
11 escaped from th Akatuy prison In
. Serin, concealtJ In a barrel of sauerkraut
';rhuni was one of the organisers of
f '' fighting rg nlaatlon of the Russian
-volutloMst party. H was arrested in
V May. lJ. and lo March. 1, was sen
. lemed I b hngd.
As he had never assisted personally
in th killing c.f anybody Ma sentence wa
commuiwej to lit Imprison men in th
S- hleelburg penitentury. lie was after
ward tranprttd to Hie prison t Akatny,
MM ,-lt. .: Lul l a boidtr.
CONGRESS HEARS MESSAGE
Iteadlnar of President's Comma a lea
tloa Listened to Attentively
In Both Ilonses.
WASHINGTON, fee 4. The reading of
the president's message consumed two
hours and twenly-flv minutes In th5
house today and was followed closely hy a
large number of members, while the
crowded galleries gave close considera
tion. Here and there the reading of the docu
ment was punctuated with applause and
hearty handclap pint? from democrats as
well as republicans followed Its conclu
sion. During fie major portion ol the
time of the reading of tho message Rep
resentative La. ey of Iowa acted as
speaker pro tem. being the first of the
defeated "stand patters" to be recognised
by Speaker Cannon.
While the house waited uron the secre
tary to the president to appear with the
message Speaker Cannon appointed Hubert
Q. Cousins of Iowa, chairman of the com
mittee on foreign affairs to succeed the
late Robert Ilitt of Illinois. He also ap
pointed Represenv-tive Frank O. Lowden
to a place on the same committee to fill
he vacancy caused by the death of Mr.
, ', er the customary resolution relating
' ' nplnllnff nf Ih. ,.... a u 1 H m 1 1 mi ...
. tjourned until noon tomorrow.
i Roosevelt's discussion of the
San school situation In his mes
sage v ed with great dlmiaUsfae-
Uoo by ' yifornla delegation In the
house. Ti. , itiembers of the delegation
from that State are unanimous in their
declaration that no treaty rights have been
violated In excluding Japanese from public
schools attended by whites.
Representative Hayes says that If any
! treaties of the United States prevents Cali
fornia from running its schools as it aces
fit the treaty Is clearly unconstitutional
and should not stand.
A meeting of the California delegation
will soon be held to discuss the Ban Fran
cisco situation.
The suggestion in President Roosevelt's
message that naturalization be extended to
Japanese Is extremely distasteful to the
California delegation In the house.
SENATE
LISTENS
TO
MESIAGF.
Only Other Business la Resolution oa
Japanese Question.
WASHINGTON, Dec. 4. President
Roosevelt's annua! message to congress
occupied the attention of the senate for
two and one-half hours today to the ex
clusion of nearly all other business. The
exception to this wa' the introduction of
resolution on the Japanese situation by
Senator Rayner of Maryland and the adop
tion of appropriate resolutions regarding
those members of the house of representa
tives who have died since the last session.
As a mark of further respect to their
memory adjournment was taken at 2:54
o'clock.
Senator Rayner today Introduced the fol
lowing resolution on the Japanes ques
tion: Resolved, That In the opinion of the
senate this government has no right to
enter Into ny controversy with any for-
eisii Mv-rniMfii relative to in punioc
school .tiKm of nv of th. mtu,r. ff, th-I
union.
Resolved, further. That It 1 the opinion
of the senate that there is no provision in
the treaty between tne I'nlted States and
in government or Japan that relates in
any manner to this subject, or In any way
interfere with the right of the state of
California to conduct and administer Its
system of public schools in accordance with
its own legislation, and.
Resolved, further. That it is the duty of
the president of the I'nited States to notify
the government ol Japan and to notiTy
any foreign government with which th
question rpay rise that the educational in
stitutions of the state are not within the
Jurisdiction of the United States and the
United States has no power to regulate or
supervise their administration. .
CASH BALANCE c HAND
Over Three Million Dollar at Call
of Saa Fra arises Relief
Commission.
SAN FRANCISCO, Dec. 4. Th relier
corporation has Just published a report on
tha condition of - the relief fund. Its re
ceipts and disbursements from April 23 to
November 17, lm. Total receipts were
St.211.27S.28. The analysed Items show that
the cost of administering the funds is less
than 4 per cent. The state of California
is third on the list of cash contributions
and San Francisco third on the list of ,
cities.
According to the subscription de-
" . J .-, r.
H report, the amount of S3.S1.91.6I
partment
is still outstanding, subject to the call of
the corporation, wltn the exception of $160,
000 from the state of New Voik. $,s.0U frum
Los Angeles. $:0.UW from Bridgeport, Conn.,
and a few scattering Iteml.
The balance sheet shows cash on hand.
ll.atfiiceo, half of which is in San Fran- i
clsco, the balance In New York and Chi
cago banks.
WASHINGTON. Dec. 4.-8ecretary Tart
:to(1 receiv
. "KJV r"e"
J- D. Phela
ed th following telegram from
Phelan, president of the San Fran- j
Cisco Relief and Ited Cross Funds cor-
' " Francisco yesterday:
h - .uui n "
of a local newsnaiwr renurt that larir-
sums of money subscribed have gone
astray
and that the president of the I'nited States
oiiu m n-i .-iii men are invwusuiiK
-rvu nun are
nic mailer. i lie rrMll a il er. I jy OTIgH-
which has since beer, delivered. Apart from
i this, hoev-r, no funds are m.sli,g. The
rumor la entirely groundlen nd evury sub
scriber, wtio sent relief funds to Han Fran
cisco direct should have a numbered of
ficial receipt signed by the pr-s dent,
compu oiler and cashier of this corporation.
In Justice t. San Francisco and our gen
erous friends in the esnt plea' give the
widest publicity to this statement.
CUKCTCD'C flCITU. DC" BfTTr r
, tfiini l Lll J iLnin nuunu I I LU
, uuaas Express sorrow Over Fsiilsg
of Hrllrrd I aited State
Army Officer.
BAKERSFIELD. Cal.. lec. i. Th ful
lnsiirt letters hav been, received hv r n
j tam w ,, McKittrlck, son-in-law of the
Ute Q.nerml William
R. Snafter, who died
-l th former
rsncb near Hakersrield
i November U:
i HOUSE OF REPRESENTATIVES. HA-
j VANA, Nov. U. lRa.-To th Hon Provt-
' stonai Governor of tb Republic of Cuba:
, ,lumr,ble SirThe news vl the death of
: General imam K onarter. I. 8. a
i which occurred at RakersfUid. Cal.. has
caused a nioai profound sorrww among tin
l-uluini rer.tit rli.s s-rvic in lh li,n. '
representatives: In their r.ioe. a well as
riy ouu. permit me lo expiets our most
sincere inpatt.iea, reinen.ber i.g anioi.g
outer hiMoric.! acts, of ft-, mho in Ills,
rendered his nation by his ur lianens nd
virtu. t!l b co-oiieraled In ftanttsgu do
Cuba lor the. incK -pendent- of our beloved
.mc-rVsympatny. '.'.the hb.'overn
r ent ot the United States arid lo th
articled family of the illustrious dead.
ttilgued i Repecirully yours,
VINCE.N'i PAKlKJ i-l'AREZ.
Chief Clerk. '
BOlUXPRnN, Nov. 1. lans.-Mr Maonn
liavjii, Cuba: 1 ti l.inn of this ton
convey l i-u to tne nolle nation snd lis
: illustrious pr.-Mil.-nt. sir. Hi--vH. deep ;
' felt ti re-,..n i'f iri .ihy fo- ire Irrei-ar- i
Ulv ,'i loua Gc-ucral Shall-.
STATUS OF UARimiAN LINES
Id tent ate Commerce Commission to Cod
aider Inreatieatioa ef Ejitem.
CLARK TAKES EVIDENCE OF DENVER
Testimony Reveal More Favor to
Colorado Fnel and Iron Company
hy Railroad Record of Land
Holdings Mission.
WASHINGTON. Dec. 4 The proposed In
vestigation of what Is known ss the H-tr-rlman
system of railroads will be the sub
ject of conference by the Interstate Com
merce Commission Thursday. The com
mission has- for some time hed the matter
of an Investigation under advisement be
cause of communications that have reached
It alleging that the effect of the alleged
combination Is to suppress competition. The
active work of the Inquiry will be dele
gated to some responsible person In whom
the commission has full confidence and
upon whose report a decision will be
reached. as to what. If any, further steps
shall be taken.
Will Consider Car ftiortusf.
The Intentions and attitude of the In
terstate Commerce commission respect
ing the car shortage In the northwest are
made clear In a letter addressed to Senator
Hansbrough by Chairman Knapp, which
a--s:
The Inability of shippers to secure cars
for the movement of their truffle 1s re
ported from various parts of the country
and amounts in some sections, ns you
observe, to almost a CHlamity. This mat
ter has given the commission -pedal con
cern, although we appear to be without
any adequate authority to deal with such
a situation. We can exercise no direct
power to compel Interstate carriers to fur-
mxn adeo.uate equipment nor are we pre
pared at this time to recommend specific ,
legislation upon this subject. )
Chairman Knapp said the commission ;
could perhaps award reparation for dam- I
ages resulting from failure to supply suf-
flcient cars, but the power to do this Is i
not altogether certain, and he says: "It j
nuuiu n " 1 1 1 1 lu i TV mwiri muic . w i
apd efficient for aggrieved shippers to
bring their suits In the courts In the first
Instance."
Taking Testimony In Deaver.
DENVER. Dec. 4. Interstate Commis
sioner B. E. Clark took evidence in Denver
today In the Investigation which he Is con
ducting under the Tillman-Gillespie resolu
tion to ascertain whether certain corpora
tions of Colorado and Utah enjoy prlvllet-ed
rates from the railroads and whether there
are Instances in these two states of com
binations In restraint of trade based on
systematic discrimination. High officials of
th Denver Rib Grande railroad, the
Colorado Fuel ai.d Iron company and the
American Smelting and Refining company
were summoned to give testimony at the
hearing, which continues two days.
J. A. Relter. auditor of the Colorado Fuel
and Iron company, denied that the Colo
rado A Wyoming railroad was owned by
the Fuel and Iron company. Commissioner
Clark ordered that Mr. Relter produce In
COUPl s list of stockholder of the com
, ,.i -Mr of the
P-"- J- T. V elHom. vie president or tne
Colorado Fuel and Iron company, while dc
nylrg the existence of a community of In
terests between that company and the Colo
rado A Wyoming railroad, acknowledged
that over S6 per cent of the freight on the
railroad was handled for the Colorado Fuel
and Iron company.
Car Supply Short.
Mr. Welborn said there had been a short
age of cars for some time and that nearly
all the mines had been closed at different
periods owing to- the shortage. He said
there had been a general urgent demand
for coal this winter and that on many or
ders the company were two months or
more behind. He said he knew of no dis
crimination In the matter of furnishing
ca in.
At the completion of Mr. Welborn's testi
mony Commissioner Clarke said:
"Well. Mr. Welborn, your testimony in
regard to the shortage of cars resolves
Itself Into this: You have more orders
for coal than you can produce and can
produce more than you can get cars to
carry V
"Yes, sir." replied the witness.
Charles E. 8chlacks. vice president of
the Denver A Rio Grande railroad, testified
that the rate on coal granted the Colorado
; Fuel and Iron company was not directly
: remunerative, but the company felt that
. I. n AnnMm .m An t rt f t V-1 larra isimnanv
j a . ... . . . . T,.
was of benefit to the state and to the Den-
. . nA. ,lrM
All the stock of the Utah Fuel company,
the ssld, is held by theRjo Grande West
1 r RjillmtA Mmranv. A flat rate without
' rlaju.,nr.t,on wa. m.de bv th Rio Grande
company for all goods shipped to the Utah
Fuel company. The rate wa the "com
pany material rate." He did not know
whether or not any of this freight was
shipped from outside Utah.
This "company material rate," which waa
H cent per ton per mile, was discontinued
about August 1. 1306.
Land Record Missing.
At the afternoon sselon Mr. Schlncks re-
sumed the stand
"u""u ,u"
He raid he did not know
whether or not any of the oil companies
at Florence were connected with the Stand-
, r( pjj company.
After testifying that the president and
' vice president of the Denver 4 Rio Grande
snd the Utah Fuel company and the Pleas
ant Valley Coal company were Identical
the wltne-s stated that the railroad com
pany did not direct the afTalrs of the fuel
companies. The records of the purchase of
coil 1 a mis, he s-ald. were kept In Utah.
The auditor of the fuel comrany had testi
fied In Salt Iake nty that the records
were aepi in uenver, ana counsel Drought
I ... '
i this discrepancy
to the attention of the
I witness, and Mr. Schlacks said then he
did not know where the records were kept.
There waa a clash of counsel over a
Question put to the witness by the counsel
for the goverrvT.ent, who demanded to know
how much money had been paid for coal
lands by the Utah Fuel company and the
Pleasant Valley company. Th commis
sion sustained th objection made by Jol
F. Vail, counsel for the Denver A Rio
Grande Railroad company.
Three Road Make Low Rate.
Mr- Welborn of th Colorado Fuel and
Iron company was recalled, and produce!
a list of director of the company and of
' h Colorado A Wyoming railroad. Thi
lists showed that only on man was a
director In both companies. Mr. Welborn
also produced a memorandum of agreement
signed In IDoS. between the Santa Fe, the
Colorado A. Southern and th Denver A Rio
Grande railroads to glv th Colorado Fuel
and Iron company a rat of f mills per
i t0n '
' points, with the stipulation that In no case
1 should the chard b less than 7V cents
a ton.
D. C. Be man, secretary and
counsel of th Colorado Fuel i
general
nd Iron
company, by request, submitted a list of
the companies' stockholders and agreed to
(Coaxinued on Second Pit j"
NEBRASKA WEATHER FORECAST
Snow, with Colder Wednesday. Tho ra
dar Fair.
Teiuperutar at Omahn Yeaterdayt
Honr. Dear. Hoar. Dear.
A a. m RT 1 p. m 41
a. m RH I , m 4
7 a. an :v 3 p. m 41
a. m a 4 p. m 44
a. ni .IN R p. m 4.1
10 a. m JIM p. m 4.1
11 n. m 44) T p. m 4 1
13 m 41 Hp. m 41
9 p. m ..... . 4n
TORREY MiSSION MEETINGS
Audltorlnm. tl p. ns. and TtRO p. an..
Every Day Birept Saturday.
Jaeoby'a "Workers' Training; In
tltnte." 1013 Howard Street,
T p. aa.
Darvtood Theater, 12iOS to ltiTQ
Tuesday. Wedardny. Thnrsday,
Friday, Dr. Torrey Address to
Business and Professional Men.
V. W. C. A. Assembly Room, 12ilS
to 1, Every Day Except Saturday,
Woman's Meeting- Conducted hy
Jaroby and Miss Parker.
Wednesday, December S, a Day of
Fasting and Prayer. Cottage
Meetings at a. m. Among the
Varlon Charehea. A Cratral
Meeting at First Preshyterlaa
Church at ll:SO a. m.. Where Dr.
Torrey Will Speak, and Mr.
Butler Sing.
GILLETTE IS , FOUND GUILTY
Jnry'n Verdict la Marder la First
Degree and Sentence . Will Be
Pronounced Tomorrow.
HERKIMER. N. Y., Dec. 4-The Jury in
the trial of Chester E. GHtte for the
murder of his sweetheart, Grace Brown, at
Big Moose lake on July 11 last, tonight
returned a verdict of guilty in the first
degree.
Sentence will be pronounced on Thursduy
morning, to which time court adjourned
after the Jury had reported. Former Sen
ator Mills, Gillette's counsel, before ad
journment announced when court recon
vened Thursday morning that he would
move to have the verdict set aside. The
Jury, which had deliberated for five hours,
sent word at 11 o'clock that a verdict had
been reached. A moment later they filed
Into the court room, and at 11:15 an officer
who had been sent for Gillette, returned
with the prisoner.
Pale and a trifle nervous. Gillette faced
the Jury, and When Marshal Hatch, the
foreman, declared that a verdict of guilty
in the first degree had been found, the
youthful prisoner gave no sign of emotion.
A few minutes later, when his counsel
had announced his purpose of making for
mal motion that tha verdict be set aside,
and the Judge was dismissing the Jurors,
Gillette bent over a nearby table, picking
up a pencil and wrote something on . a
sheet of paper. He then folded the paper
carefully and placed It in his pocket. Im
mediately afterward he wa taken from the
court room back to his cell 1n the JaiU
It waa learned that th Jury had some
difficulty In .reaching' aft Bgrerrncnt and
that six ballots wer taken before the
twelve men agreed. Up to that time the
Jury had stood eleven for conviction and
one for acquittal.
ALLEGED THIEF IS : TAKEN
Certificate of Membership of Colorado
Man Found In Pocket.
of Suspect. '
KANSAS CITY, Dec. 4. A man believed
from a certificate of membership In his
pocket to be Charles H. Green, a boiler
maker from Colorado, was arrested at Law
rence. Kan., today, charged with shooting
li. t. ara or t urcen. i. i .. a passenger ( Mra pal(i hi own expenses and
on westbound Santa Fe train No. 17. at ; hHng fees, for which he had never
Holli.iay. Kan., at 11 o'clock last night, j been reimbursed. Bom minor ex
The man was arrested in the office of a : ponses at the hotel and for livery hire at
physician, to whom he had gone to get j Ellsworth were paid by someone else, but
his wounds dressed. He had been shot , he did not know who paid them. He vls
through the fleshy part of the leg and his ited the land but twice and no Improve
hand had been cut by gloss, pieces of merits had been mad on the land. He had
which were still In the cut Green, who Is not -seen the land since bis last visit In
about 3! years of age. refuses to talk. 1 1S. Triplett had Intimated to him that he
Ward, the wounded passenger. Is In- the
Santa Fe hospital at Topeka. The physi
cians said today he probably will recover
If blood poisoning does not set in.
RED CROSS ELECTS OFFICERS
Secretary Taft la Chosen Presldeat
and Charles Kalian Keep
Treasurer.
WASHINGTON, Dec 4.-The American
National Red Cross. In annual session, to
day elected the following officers for th
ensuing year:
President. William H. Taft, secretary of
war; treasurer. Charle Hallam Keep, as- ' Triplett as well as the land descriptions j conspiracy in connection with rebal-c
slstant secretary of the treasury; counselor, and were provided with free entertainment j the court sustained the defendant's de
James B. McReynolds, assistant attorney while visiting their lands. In two in- I niurrer; while In another Jurisdiction an
general: secretary. Charles L. Magee. i . ,,,.,. AA , . , ' Indictment for conspiracy to obtain re-
B.rd of consultation. Brigad.er General ! Lance ,ne 'nlrmen dld not vlslt the '""d bates has been sustained by the court.
Robert M. O'Reilly, sura-eon aeneral I'. t.
A.; Surgeon General P. M. Rixey, U. S. N.; live on the land or mak any kind of set
Kiirecn General Walter Wynian, United ,in nn it
Suites Public H-alth and Marine Hoap tal ura'nI on .
service: chairman of central committee, ( The first of the afternoon witnesses was
Major General George W. Davis, U. 8. A., , Clayton F. Greene of Alliance, a soldier of
'Executive committee. Robert Racon. as- j he Banish-American war Triplett told
slstant secretary of state; RrUradler General hlm he would not nave to live on the land
Robert M. O'Kellly: meilcal director, J. C. and that h could sell It to Richards and
Vi.-e. U. 8. N. ; James H. McReyno'ds. ! n ,,v whon K. e, r. r
James Tanner. James R. Garfield and M:ss
Mabel T. Boardinan.
PROMINENT MEN SENTENCED
Ohio Manufacturers Must Serve Tins
for Making Good Pro
scribed hy Law.
CHICAGO, Dec ..-Three well known
men In Ohio were today sentenced by
Judge Landls in th? United States district
court to serve a term of one year each In
the house of correction for conspiracy to
violate the federal laws governing Inter
state traffic in articles used for Immoral
purpos-s. Tli men bentenced are: Robert
D. Bradley, president of the Canton Rub
ber company of Canton, O.; Edwin Davis.
vice president of the Canton Rubber com-
pany; imam G. oey. tor -erly an officer
of th rubber company, but recently prac
ticing law In Cleveland.
BIG INCREASE IN DIVIDENDS
lake shore Jt Mlralaaa Southern
Railway Slack Placed pn Twelve
Per Cent Basis.
NEW YORK. Dec. l-Directors of the
Lake Shore A Michigan Southern Railway
company today declared a semi-annual divi
dend of i per cent. This Is aa increase of
I per cent semi-annually over the past pre
vious dividend declaration.
Dtrtctors of the Michigan Central rail
road today declared a semi-annual dividend
of I per cent, which is an lucre se of 1
pier i' I over ILe Wat prsvkou Ssini -annual
dividend.
LAND RINGS PAY ALL BILLS
Richards, Comitock k ( empanT Allow Ho
Eotrjman te Go Unrewarded.
EVIDENCE PILES IP IN BIG TRIAL
Witness After Witness Testlaes to
Being Subsidised to File en
Land He !evrr Intended
to Occupy.
Wholesale testimony was adduced yester
day In the big land trials In the federal
court to the effect that agents of the de
fendants had persuaded the witnesses to
file on land they never Intended to occupy
or Improve, took them to the land free of
charge and assured them they could dis
pose of their claims at remunerative fig
ures. Tom Huntington and Anuilla Trip
lett continue to be dragged In by witnesses
aa potent factors In this crusade of col
onisation for the big land and cattle men.
"I was paid by the Nebraska Land and
Feeding company, by check signed by Mr.
Jameson, for the livery teams furnished
by me to take th old soldiers out to their
claims from Gordon. The descriptions of
the lands were furnished me by Tom Hunt
ington and he told me where to find the
lands, r.ear some windmills snd In certain
valleys. He also gave mo the number of
the lands."
Such was the testimony given by Ira
Trueblood, the Gordon liveryman, who took
several old soldiers out at different Inter
vals to see their claims.
Th(s witness was followed by his brother,
Ben TrueMood, who gave similar testi
mony and who was associated In the livery
business at Gordon with the first witness.
This witness said he wss told by Hunting
ton to show the old soldiers over some
flats out near the Overton ranch. He did
not know of any particular name being
applied to the flats.
Livingstone's View of Law.
At the beginning of the hearing Tuesday j
morning A. H. Livingstone was recalled !
to the stand. He told particularly of his j
understanding of the Klnkaid law and of
his Intent to comply with the law accord
ing to that understanding. The words,
"for my own use arid benefit." he applied
literally and assumed that it meant that
he could sell the land for S300 or any other
sum after making final proof. He did not
understand that the Kinkald law required
actual settlement on the land, but that cul
tivation was equivalent to settlement, and
that leasing the land to sn sgent for graz
ing purposes was perfectly legitimate. Had
he had any other understanding of the law
he would not have entered the land, he
said.
Francis J. Porter a banker of Woodbine
and an old soldier, expressed a similar un
derstanding of th Kinkald law and took
up the land only on that understanding.
He had no Intention of defrauding the gov
ernment, he said, nor of making an appli
cation for land under any other version.
He distinctly understood and believed, he
said, that the offer of S300 for the land
after final proof was a togltimaU transac
tion and that no one would b wronged
by th transaction. --
"I simply wanted to get out of the land
what I could," said he.
Kw Baa of Operation.
In th testimony of the last witness of
the forenoon the scene of operations wa
shifted to the Alliance land office and at
Ellsworth, with Aqullla Triplet, as a prom
inent figure in soliciting cntrymen to file on
lands near Ellsworth. This witness s
James W. Newell of Alliance, who was a
traveling auditor for the Burlington rail
road. He said he had been approached by
Triplett and solicited to enter land near
Ellsworth, and did so, selecting a piece of
land about three-fourths of a mile north
west of Ellsworth. Triplett gave the wit-
; P,, a description of the land and th Wil
I could find a purchaser for the land if h
ever wsnted to sell It, but no particular
person was named.
gpade Ranch Fliers.
All of Tuesday afternoon was devoted to
hearing the testimony of witnesses who
made filings within the Spade ranch at the
Alliance land office. Each of these testi
fied he had been solicited by Aqullla Trip
lett to make th filings and all were given
to understand by him h could find a buyer
for the land after they had proved up.
Various sums were suggested, running
from $376 to n.TOO per section. In each in-
stance also the witnesses, with one ex- I on th merits should b set aside. K
ceptlon. were furnished the filing fee. by j " JV?.f ''iV" .w.h"e !na.ve,B"
at all and none of them ever Intended to
. , .K1 " V' '
location was made within the Spade ranch.
Some More Triplett Advlc.
Walter O. Barne. a merchant of Al
liance, was told by Triplett that claims
Ilk the one he had filed on at Triplett'
solicitation could be sold for f37. The
witness had a claim northeast of Alliance,
but It did not join the claim he had tkn
nn under the Kinkald law within th
; Bua1e nch. Tne wllnwa hti no ,,..
i tU)n of iivin, on the land Bled on under
j ,he Kinkald law.
rwom T. Gebhardt. a telerranh onerator
of Alliance, testified that Triplett had told
him he could dispose of his land after h
had proved up on It.
George Diileln of Alliance was told by
Triplett that all that would be required
of him waa to go on the land once every
six months and stay over night, so he could
prove up and that th witness could then
get $1,(00 for the land. This section waa
located about twelve mile northst or asido the judgments or inierior cou. i ci 7 ww-iMr Ti . tii.r I
"anT'r the. K l!y ...
Kcver Saw th Laud. j. o attempt to show that there has tie. n w o1 'hV 'n"-m lrale m-I"'"- to-
John B. Kennedy, a telegraph operator . any ailur. tSV everV rfghink.-'maV
for the Burlington railway at Alliance, was J." naf. ' l"vviuing someiiuog wW.n ,f .,me w,dfrrnii ., ,,
another of Triplett a recruits and testified : j0 judgment shall b set aside or new
he never even visited or saw th land b ' trial granted in any cause, civil or crirn-
flled upon, neither did h intend to go on r-'- on the rour"1,0' i"isdlrct;on of tns
niea ui". " - w . u l0 ny matter if pleading ot pro
It or live on it or make any Improvements Jdjr unlesa. In th opinion of th curt
on it- He had been toid by Triplett that to which th application is made, af er
th company" would e to that. ! an examination of the entire caua. It shall
John H C.ntlln. a conductor on th. bur- -"oV'has'Veftedn a m.sr'rUTof
llngion at Alliance, made a filing at Trip- junilc.
lett s suggestion, for which Tri;lett paid In my laM message I suggested the enact-
.ii .h. u.nvi Ilia claim m . . i,..,. i ment of a law in connection wirh toe is-
all the expenses. Ills tlaim s located of n,,.nct.ons. altenti u having been
about twenty-fiv mile cortheaM of Ela- rpy drawn to the matter by the demand
worth. 'H visited It but once, in company that the rigt.t of applying Injunctions In
n Triplet! and six others. He put doan YouM, htrirer".".-'!..-
7r V" Ing ulK.geil.er the use of Injunctions In
iCO-lUiutd. on Second Paj oulx wiaud l - f In
EIOQ
SEVELT'S MESSAGE
Q HEEDS OF COUNTRY
President Advises the Congress as
to Conditions and Laws That
Will Bring Good to All
in Their Effect.
Meat oi the President's Message
Government should have right to appeal in criminal
cases.
Technicalities should not outweigh merits in law
suits. Lynch law is denounced in unsparing terms.
Education is the solution of the "race" problem
Labor and capital alike should discountenance the
agitator and demagogue, who do harm always and good
seldom.
Hours for railway employes should be strictly limited.
Eight-hour day not applicable to isthmus; nor should
there be any quibble as to color of man who does work
there a white man cannot do.
Eight-hour day for all workers is sure to come.
Child labor law for District of Columbia should be
drastic.
Employers' liability law should be enforced.
Compulsory arbitration a solution for labor diffi
culties. Control of corporations should be extended by con
gress. Inheritance tax and income tax laws are needed.
Technical education for mechanics and farmers an
advantage. , '''
Divorce laws should be uniform; race suicide a deadly
sin.
American shipping interests deserve attention.
Free trade for the Filipinos and citizenship for Porto
Eicans, with some improvements for Hawaiians and
Alaskans, are suggested.
Eights of all people should be regarded; hostility to
ward the Japanese is unfair and unwarranted; Japanese
should be allowed to become naturalized citizens.
Peace is always desirable, but war is honorable.
Army and navy the surest guarantee of peace.
WASHINGTON. Pec. 4. The annual mes
sago of the president of the United States
to th congress was read In both bouse
at noon today. Its domestic recommenda
tions ar as follows:
To the Senate and House of Representa
tives: As a nation we still continue to enjoy
a literally unprecedented prosperity; anu
It Is probable that only reckless specu
lation and disregard of legitimate busi
ness methods on the part ot the business
world can materially mar this prospcVit y.
No congress in our time has done more
good work of importance than the present
congress. There were several matters
left unhnlshed at your last session, now
ever, which I most earnestly hope you
will complete before your adjournment.
I again recommend a law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
a bill has already t-l one h""8" ol
congress. Let individuals contribute
they desire; but lt us prohibit in ef
fective fashion all corporations from mak
ing contributions for any political pur
pose, directly or Indirectly.
Government' Rlsht to Appeal.
Another bill which has Just passed one
house of th congress and which it U
urgently necessary should be enacted Into
law Is that conferring upon the govern
ment th right of appeal In crimlnai
case on questions of law. This righ-.
exists In many states; It exlsta In tne
district of Columbia by act of the con
i i n'v ease' a verdict for th defendan
gress. It Is, ot course, not proposeu mat
I conviction obtained under It, and Hi
defendants santenced to imprisonment.
The two cases referred to may not he In
real conflict with each other, but It is
unfortunate that there should even be
an apparent conflict. At present there if
no way by which the government can
cause such a conflict, when it occurs,
to b solved by an appeal to a higher
court, and the wheels of justice are
blocked without any real decision of the
question. I tan not too strongly urge
th passage of the-bill tn question. A
failure to pass It will result In seriously
hampering the government In its effort
to obtain Justice. especially against
wealthy Individuals or corporations who
do wrong; and may also prevent the
governm-Tit from obtaining Justice for
wageworkrrs who are themselves able ef
fectively to contest a case wher the judg
ment of an Inferior court ha been
against them. I have specifically in view
a recent decision by a district Judge leav
ing railway employes without remedy for
violstion of a certain so-called labor
statute. It seems an absurdity lo permit
a single district Judge. aKalnst what may
be th Judgment of the immense majority
of his colleagues on the bench, to declar
a law solemnly enacted by th congress
to be "unconstitutional." and then to deny
to the government trie right to have th
supreme court definitely decide the uuts
tlon. Inferior Court a Danger.
In connection with this matter I would
like to c II attention to the very uuajii.
factory state of our criminal law. result-
(lM
i n luri, r.cirl rmm llie nurilt or -fltriir
f ... 1 r r I, I n tn . Imw Juat find lninilHPitl. erlfl.
courts; In which case of course the legisla
tion would be Ineffective. Moreover, 1 be
lttve it would be wrong altogether to pro
hibit the use of Injunctions. It Is crlrnm.il
to permit aymputhy for criminals to weaken
our hands In upholding the law; and If men
seek to destroy life or property by mob
violence there should be no Impairment of
the power of the courts to deaf with them
In the most summary and effective way pos
sible. But so far as possible the sbuse of
the power should be provided against by
some such law as I advocated last year.
Abase of Injunction.
In this matter of injunctions there la
lodged in the hands of tne Juuiclary a nee
essary power which Is nevertheless subject
to the possibility of grave abuse. It la a
power that should be exercised with ex
treme tare and should be subject to th
jealous scrutiny of all men, and condemna
tion should be meted out as much to th
judge who fails to use It boldly when nec
essary as to the judgo who uses It wantonly
o.- oppressively. Of course a Judge strung
e .loiiK li to be fit for his office will enjoin
any resort to violence or Intimidation, espe
cially by conspiracy, no matter what bis
opinion may be of tl rights of the original
quarrel. '1 here must be no hesitation in
dealing with disorder. But there must like
wise be no such abuse of the Injunctive
power as la Implied In forbidding laboring
men to strive lor their own betterment In
peaceful and lawful ways; nor must tha
injunction be used merely to aid some big
corporation In carrying out schemes for Its
own aggrandisement. It must be remem
bered that a preliminary Injunction In a
labor case. If granted without ailsquil
proof (even when authority can be found to
support the conclusions of law on which
It is founded), may often settle the dlsputo
between the parties, and, therefore. If im
properly granted, may do Irreparable wrong,
let there are many Judges who assume a
matter-of-course granting of a preliminary
Injunction to be the ordinary and proper
judicial disposition of such case and tlier
have undoubtedly been flagrant wronar
committed by judge in connection with
labor dispute even within tiie last few
yeara, although 1 think much less often
than In former year. Such judge, by their
unwise action. Immensely strengthen th
hands of thus who ar strlvu entirely to
do away with the power of Injunction, and
therefore such careless use of th Injunc
tive process tends to threeiten It very s
Utence, fur If the American people ever
become convinced that this process is
hubitually abued, whether In m.tt-ra af
fecting labor or In matters affecting cor
porations, it will b wellnigh impossible to
prevent Its abolttkn.
Criticism of Court.
There Is one consideration which should
be taken into accoui.t by tha good peopi
who carry a sound proposition to an ex
ecs in objecting to any criticism of a
judges decision. The Instiuct of tha
American ixrople as a whole Is sound in this
maiur. Tney will not subscribe to tha
doctnn that sny public servant is to t
abov all criticism. It th best citixena.
tho most competent to xprea their
Judgment In such matter, and above ail,
tho belonging to the great and bonorabi
profession cf th bar, so profoundly In
fluential in American llf. tak the position
that ttier snail be no criticism of a Judg
umlsr any circumstances, tnelr view will
not be accepted by the American people
as a whole. In such event th people will
turn to, and tend lo accept a Justifiable,
th Iniemperwls and lmpror criticism
uttered by unuorthy agitators. Surely It
is a misfortune to have to such critics r
function, rltsht In Itself, which they are
people t large, uould tonatl'.ul a dlr
nienac to the republic.
Danger of Lynch l.aw.
lu connection with the delays of th law.
I call your attention and tb attention of
th nation to th- prevalence of crime
among us. and above all to th epidemic
of lmhlng and mob violent trial springs
op, now In one pirt of our country, now
In anotiier. Eu b section, north, south, eaat
or west, hss its own faults; no s-ttlon can
with wiKriom spend its time Jeering st In
faults of another section; II should buy
lrirg to amend its oau shortcomings. To
detl aim the crime of corruption It is
necessary to hav an awakened public
(Continued n Fourth l'a(J
