The Omaha Daily
Bee
HEWS SECTION.
Pages 1 to 8.
No Filthy Sensation
THE OMAHA DEE
Best A". West
4
VOL. XXXVII XO. 22.
OMAHA, SATURDAY MORXIXO, JULY 13, ll07 SIXTEEN PAGES.
SIN OLE COrY TWO CENTS.
i
HAYWOOD DENIES ALL
Defendant Snv TT ima w ti- t
j- nut xi&a
Steunenberjr Murder.
HAD NO KNOWLEDGE OF PLOT!
Did Not Think of Governor After
' Leaving; Idaho.
-assnanuenai
CROSS-EXAMINED BY BORAH.
Miners' Federation Retained Lawyer
to Defend Orchard.
GUILT WAS NOT CONSIDERED
Snys Whm Members of I'niso Were
A treated Ther Were Generally
Victims of Conspiracy and
Innocent.
BOISE. Idaho, July 12. Testifying tn Ills
wn behalf this morning William I). Hay
wood denied that he planned, conspired In
r directed the murder of former Governor
Bteunenberg. The prisoner-witness em
phasized his declaration of Innocence when
tn well measured words and even tone he
laid: "I do not believe I ever thought of 1
teunenberg after I left Idaho,"
The direct examination of tho defendant
took up the first hour and a half of the
morning; -Session. Clarence Darrow led his
client carefully over the ground covered by
Orchard and at every charge that Haywood
had any connection with was donled again !
and again by the witness In the most posi
tive terms.
Senator Borah took Haywood In hand for
cross-examination for the last half hour of
the session. The witness changed his post- i
tlon In the witness chair and faced the j
prosecution table. He gave no sign of
nervousness. Loaning back with one arm
flung over the back of his chair, after the
first question he looked up at Judge Wood
and said: "Tour honor, may. I have the
shutters of that window closed; the glare
la strong and I cannot see the senator'
yea."
Explained Federation Poller
Haywood gave careful explanations of the
workings of the Western Federation of
Winers, Its policy and attitude towards
employes of labor. At the conclusion of the
morning sessslon Senator Borah announced
that he would conclude his cross-examination
this afternoon.
Haywood said that Orchard had been at
his house three or four times. Most of
the members of the union when they were
In Denver called at his home, the wltnetis
declared.
"Did you ever call on Orchard?" asked
Mr. Darrow.
"No, sir; never."
"Did you ever have anything to do with
buying a horse and buggy for Orchard to
ro out on killing expeditions with him?"
"No, air; never."
Haywood said Orchard came. one day to
'alauarters in a buggy with a colored
.'V i. n nil aM Clnrtra ntthnnm WAnten tn
Inow If he could trade tha rig for a gray
inare which the federation owned, one of
the nineteen , horses which had been used
In distributing relief In the Cripple Creek
district. Pettlbone was anxious to get the
mare for one of his delivery wagons.
Had Never Planned Murders.
Tha witness denied severally and posi
tively that he had talked to Orchard or
planned with him the killing of Sherman
pell, Governor Pes body, James Hearn,
pavld MolTatt, or Judges Goddard and
abbert. He declared that Orchard's story
an the witness stand was the first he had
beard of the matter.
Hay Wood first met Steve Adams In 1903.
He said the $75 he sent to Adam at Ogden
when the latter wired he was In Jail there
was his (Haywood's) own money. Adams
had been out prospecting and had stated
on leaving Denver that if he struck any
thing he would locate Haywood on It.
During 19H Steve Adams waa at head-
quarters several times. He aald he had
' been to the "nail timber." Adams and his
wife were both drawing strike relief at this
time.
"Did you ever give or send him any
money other than tho $76 jrou havs testi
fied to?"
"No. sir."
"Did you get your $75 back!"
"No, sir. At Cripple Creek, Adams and
Minster, who went with him, ssld they
would settle up as soon as the strike was
over."
Adams and his wife left 'Colorado In tho
spring of l!f06. Haywood said that some
time later ha received a letter from Mrs.
Ailams saying she and Steve had located a
homestead 1n Oregon. They expected to
s well, but needed a little temporary re
lief, promising to pay it back In butter and
eggs. Thirty dollars was sent to them.
The next he heard of Steve Adams waa
when the latter was arrested.
Ksplalns Letters to Mrs. Orchard.
As to the letter he wrote to Harry Orch
ard's wife November IS, 1906, Haywood said
ila note waa In reply to one from Mrs.
Orchard Inquiring as to her husband's
whereabouts. He told her what he knew
About Orchard. He had no way of knowing
where Orchard was except as the latter
had told htm his plans for going to Alaska.
Haywood said he did not care to tell Mrs.
Orchard what her husband had said as to
his determination not to return to her.
Haywood declared he knew absolutely noth
ing of the plot against Governor Bteunen
berg. "I don't know that I had thought of him
after I left the state of Idaho."
"Had Governor Steunenberg ever tried
to get back Into politics V
"No, sir."
"Had he shown any disposition to become
active in mining matters?"
"No, sir."
The first Haywood heard of the assassi
nation was In the papers, whicii claimed the
crime was a culmination of' the troubles
In the Coeur d'Alenes. The papers almr
reported that a union card had been found
In the effects of Thomas Hogan, who had
been arrested on suspicion. At the miners'
headquarters there waa contuiersble ques
tion as to who Hogan was, the consensus
of opinion being that It was Orchard, who
had used that name In leaving Cripple
Creek to seek employment elsewhere.
Settle Identity He a; an.
The first definite Information came in
cipher telbgram from Stmpklns, which waa
translated at first, "Can I get counsel for
Hogan?" but which afterwards corrected
to read "Cannot get counsel for Hogan."
Haywood's explanation of sanding $10
draft tn Jack Slmnklns on December 21,
1900. wss as followa:
SlinpV.tni came lo Denver early tn De
cember t' attend a meeting of the execu
tive oosra. ne ourew im.H per olera and
traveling expenses while there.
CaehtuB a check fur thla amount, ho (are
w
aOatliiJid A fceooaa Feto,
SUMMARY OF THE BEE"
Saturday, July 13, 1907.
1007
JULY
1907
j tun MOM TUC WIS rug ri
fif
S I 2 3 4 5 G
7 8 9 10 II 12 13
11 15 16 17 13 19 20
21 22 23 24 25 26 27
28 29 30 31 1"
THE WCATXIB.
FORECAST FOR NBURASKA-FA1R.
Temperature at umihu en'iro.ay;
Hour. Leg. Hour Def:.
f a. m & I p, m 79
6 a. m hi 2 p. m bo
7 a. in $ p. m M
8 a. m 72 4 p. m 7
9 a. m 72 6 p. tn 79
10 a. m 70 6 p. ni f)
11 a. m 77 7 p. m So
U m 78 8 p. m 78
9 p. m 76
DOMXSTXO.
William D. Haywood positively asserts
that he had nothing to do with the con
spiracy that resulted in former Governor
Steunenberg's death. He Is cross-examined
at length. Fage1
Facilities of the American navy for
docking big ships on the Paclflo coast am
extremely meager. Vaga 8
Attorneys for ' the state and for Hie
railroads fight out the question whether
the new laws regulating rot. da shall be
litigated In state or federal courts. ."Tear
ing had In federal court at Lincoln.
fag 1
National Educational association clones
Its session at Los Angeles with adoption
of resolutions favoring Increased wages
and commendatory of the Simplified Spell
ing board's action. Page 1
President McCrea of the Pennsylvania
railroad testifies that 2-rent fare Is fair
neither to the railroads nor to the people.
Pago 1
Chicago packers agree to the "sealed
package" plan of purchasing live stock.
Page 1
President Roosevelt announces that
thorough understanding exists between
Japan and the United States over recent
developments on the Paclflo coast.
Fago a
ariKUsX
Murderer Sloun at Grand Island recov
ers from stupor In which he has been for
the past fow days. Tag 3
Supreme court of Nebraska commutes
sentence of Jay O'Hearn to life Imprison
ment from death; sustains the veto of
the Kearney Normal school appropriation
by Governor Sheldon; upholds the present
system of ascertaining railroad values
employed by the State Board of Assess
ment, and affirms the district court of
Douglas county In holding Andrew Rose
water entitled to the office of city en
gineer of Omaha. Pag 3
ro&zxonr.
French diplomacy Is severely criticised
by Russian reactionary paper at St. Pe
tersburg. Pago X
X.OOAX.
Mrs. Mary O'Gorman wlna out over
Building Inspector Wtthnell by carrying
case of condemned building to the city
council. Pago 4
Member of county board declare court
house bond proposition will be submitted
to voters this fall. Pag IS
Railroad officials say they have plenty
of cars to handle the fall grain shipments.
Par IS
General Manager Mohler says Union l'.t
clflo has 212,000 tons of coal stored for
possible fuel famine next winter. Page 8
Deputy County Attorney Magney takes
back his first opinion on rotated ballot
and now believes rotation will be re
quired In Douglas county. Page 8
Country cluba are drawing largely on
midsummer social events of Omaha.
Page 8
MOVIlOnTS OP OCEAW STEAMSHIPS.
Port. Arrtrea. Sat lea.
NEW YORK Aansua ........ Italia.
NIW YORK Battle.
NEW YORK Kaleerln Aucvate
Victoria.
NEW YORK I Proveure.
NEW YORK Baxbaroaaa.
SOUTHAMPTON.. Oceanlo
MONTR SAL, ....Corluthlao Hon foil an.
MONTRBAL .... kunlroee.
HAVRE 8t. Laurent .... '
PALERMO Eugenia.
til KENSTOWN.-Republlo Haverlord.
qt'KUNSTOWN... Tautoolo.
LONDON ParUlaa V'nirte).
LIVERPOOL, .... Celtic.
LIVERPOOL .... Coraican.
GENUA Nord Amerlka.
CHICAGO PACKERS GIVE UP
Agree to "Healed Package" Plan of
Aaaamlng Risk After In
specting Cattle.
CHICAGO, July lt.-The "sealed package"
system of buying cattle at the Chicago
stock yards waa adopted as a compromise
at a meeting between representatives of
the Chicago IJve Stock exchange and the
packers yesterday. Negotiations have been
pending for several weeks between the
commission men and the packers and no
agreement could be reached on any other
basis.
The packers held out for a system of
purchasing cattle at the yards whereby
stock found to be Infected with certain
diseases could be rejected after the pur
chase. The commission men maintained
that such a system was unfair and gave
the packers an undue advantage over the
cattle owners and commission men. Under
the agreement the packing house buyers
will make purchases at their own risk.
They will be given the right to examina
tion, but once selections have been made
and prices agreed upon the sale will be
regarded as completed and any subsequent
losses will fall upon the purchasers.
FIREMAN FALLS FROM ENGINE
j W. A. Watllok of Anrora I.eana Too
Far Ont of " to F.s
i capo Bteaas.
GRAND ISLAND. Neb., July 11 (Spe
cial Telegram.) W. A. Wadtck, aged
Ti, a fireman on the Burlington, died
while being taken to St. Francis hos
pital In this city, as a result ot injuries
received In falling from his engine.
A plug In a flue blew out letting steam
escape and Wadtck evidently leaned out
of the engine to escape the steam and felL
The train waa making thrlty miles an hour
and Wallck struck some ties, fracturing
h'.s skull. Ha leave a wife and two chil
dren, residing at Aurora, whither the body
will be sent for interment.'
SIX BODIES ARE RECOVERED
Victims of, White Damp Explosion
Taken from Coal Slop at
Honey Brook.
HAZELPON, Pa., July 12.-The bodies of
six of yearterday's victims of whits damp in
the abandoned coal mine slope at Honey
Brook were discovered last night. Tks
joiowB nuaibair of dpa la coir aoves,
FAVOR SIMPLIFIED SPELLING
National Teachen' Association Com
mend Board.
TAKE STAND ON SALARY PROBLEM
Regret that Boards Should ETle
lonaequeuco of Low Wau-es
Notes Status of Advance
ment. I.OS ANGELES, Cel., July Il-The clos
ing session of the National Educational
association convened In Temple auditorium
this afternoon. Prof. John Adams of
University college, Ixmilon, England, ad
dressed the convention upon, "A f Ignltlcant 1
Lack of Educations 1 Teremonology. and
Benjamin Ide Wheeler, president of the
University of California, sp "ko on the sub
ject of, "Cull Nothing Common."
President Wheeler spohe In part:
The public schools must be made nn' -cpt j
the sehool for all without rccogf of j
clnsses or rmullt'ons and it mus -At
work and nlnn so as to close.
rather open the freest oppr- vv -no
best achievements and the
The president rigid y' . ?v -rad,
whose chief excuse b vC.vN '.'" "L-
cesstty, must yiel' . t - the more
rapid advance o' c?A.c. - d" pent pu
pils. Tl old, VN ool without the
grades was mo. N .e. Nowsdays the
machinery of gi " ..nd courses. Is won
derfully perfect, .. , the school exists for
the child and not for . the grades The
place for the child in reference to tho
prades is at any time to be determined
not by what he has gone through In the
paxt, whether the pa" " classes but by
the work he Is able to go on and do next
Too many minds and too many wills ana
amhitions are dulled hy the routine and
treadmill of the grades and that means
bandnglng the foot and strapping the
skull to produce a standard y'eJn- f";
tlcularlr do the last two years of t he grades
, i ..r,a,hil anil re-adanted. The
common school Is of noble name noble
like find cnmmonwenun n reprrprm.,
he who falsely shifts the value ,of Its
name is warned, he dare call nothlnft com
mon or unclean that serves of humanity
at large has cleaned.
The committee on resolutions, Charles
Van Llew of Chlco, Cal., chairman, pre
sented Its report.
The Resolutions.
The following Is an extract of the com
mittee's report:
The National Education association,
now holding' Us forty-llfth annual conven
tion In Los Angeles and representing teach
ers and friends or education In every state
of the union makes the following declara
tion of principles and alms:
The National Education association notes
with approval that the qualifications de
manded of teachers In public schools, and
especially in city schools, are Increasing
annually, and particularly that in many
localities special preparation Is demanded
of teachers. We regret the attempt that
is being made In some quarters to evade
the consequence of low salaries. We be
lieve that constant effort should be made
by all persons interested for their work
that both teacher and public will recog
nice teaching as a profession. We wish
heartily to indorse the action of those leg
islatures that have fixed a minimum sal
ary at a living wage.
The establishment of township and rural
high schools Is one of tne most gratifying
evidences of the progress of education. We
believe that this movement should be en
couraged. , .,
The National Education association ap
proves the efforts of the simplified spelling
board and other bodies to promote the
slmpliflfstion of English spelling by the
judicious omission of uselens silent letters
and the substitution of a more regular and
Intelligible spelling In place of forms that
are grossly irregular or analogous, such
amendments to be made according to the
existing rules and analogies of the English
spelling, with a due regard to the stand
ards accepted bv scholars; and the asso
ciation hereby approves the simpler forms
contained In the lint of .W0 words now
spelled In two or more wayc, published by
the slmpliiled spelling board and contain
ing the twelve simplified forms now used
by this association, and directs that those
simpler forms be used In the publications
of the association Instead of the rule now
In force.
The National Education association be
lieves that the forces of this world should
he organized and operated In the Interests
of peace and not of war. We further be
lieve that the fear of war and the possi
bility of war would alike decline If gov
ernments were to rely more uron the sen
timent of the people and less upon the
strength of their armies and navies.
The departments of manual training,
school and school administration and li
brary, held its final sessions this morning.
Other sections haye already completed
their programs and taken final adjourn
ment. TEACHERS HAD FALSE HOPES
Decision In Home-stead Entry Caae la
Minnesota Not Precedent
to Follow.
WASHINGTON. July 1. The Interior
department Is receiving a flood of Inquiries
regarding the effect of a recent decision
of the department relative to the rights of
school teachers In the matter of taking up
public lands under the homestead law.
The decision was rendered In a contest
made against the entry of a woman teacher
mrloyed In Minnesota, and, while It was
shown that she had lived on the land only
during her vacations, covering only about
fourteen weeks for each of the four years
she had held It, the department failed to
sustain the contestant. This) holding hat
been construed throughout the- public land
states as equivalent to a declaration that
teachers may be permitted to make home
stead entries and to make final proof with
out complying wtth the requirements made
of other applicants, and tha large number
of letters received on the question promises
numerous entries under that construction.
Acting Secretary of the Interior Woodruff
and Acting Commissioner Dennett of tho
general land office today united in a state
ment that the statement has received a
construction which was not contemplated
by the department. They call attention to
the fact that the decision did not apply to
a commutation rase, but to a case In
which the applicant had held the land for
four or five years required by law. They
point out that the decision waa not final
and that It dealt with the rights of the
contestant rather than those of tha con
testee, merely holding that the improve
ments were adequate, but not attempting
to say whether title will be granted at
the end of five years if the proof shows
only fourteen weeks', occupancy for each
)ear. They therefore warn teachers that
disappointment is liable to be the fate ot
those who may attempt to secure lsnd
by living on It only during vacation time,
and especially of those who attempt to
secure it under such a plan with the com
mutation feature added.
FRENCH PARLIAMENT ENDSi
Premier neiaeaeeat Breads Deree
rioolns; Session for tho
Summer.
PARIS, July 1? Parliament adjourned
todsy for the summer vacation. As Pre
mier Clemenceau finished reading tho de
cree closing the session, M. Bembat, united
socialist, shouted, amid laughter and ap
plause from his coUea-guaa:
"This la the most welcome day of your
ltfa.
NEW POSTAL CARD ORDERS
Postmaster flenrrnl Will Permit Writ
Inn on Portion of Fact of
Slnch Mali..
WASHINGTON. July 12. For years
Americans and others have been sending
to the United States from foreign countries
postal cards sr.d post cards (private mail
ing cards) with messages written on the I
front as well as on the back of the cards,
although In this country this privilege Is
denied the users of postal carua. Some
months apn r.e United States pnntal laws
and regulations were amended so as to give
that privilege to buyers of postcards, but
sueh concession was not made applicable to
postal cards. In order to remedy this In
consistency and to prevent any further
confusion and annoyance to the public
Postmaster Oeneral Meyer today promul
gated an order,- effective August 1, 1307,
providing that the face side of a postal
curd may be divided by a vertical line
placed approximately one-third of the dis
tance from the left end of the card; the
spaco to. the left of tho line to lio ued
for a mersrge. etc., the portion to the
right to be used for the address only. A
very thin sheet of paper may be attached
If It completely adheres to the card and ;
such a paster may bear bp'h writing and
printing. Advertisements, Illustrations, or
writing may appear on the back of the
card and on the left third of the front, j
Postal cards bearing particles of glus.s,
metal, mica, sand, tinsel or other such sub
stance are declared to be unmallable, ex
cept when enclosed In envelopes, with
proper postage affixed, or when terated in
such a manner as wllll prevent the objec
tionable materials from being rubbed oft
or injuring the hands of persons handling
the malls
The contractor at Rumford Falls, Me., Is
now putting In new machinery for the
manufacture of postal cards, and the de
partment will furnish plates for postal
cards of a new design conforming to the
conditions of the amended regulations.
COUNTRIES TO DECLARE WAR
The Ifaane Conference Adopts Article
Hsklsg This Action Precedent
to Hostilities.
THE HAGUE, July 12. The French propo
sition regarding regulations of war and the
opening of hostilities and the amendments
thereto were discussed by the subcommit
tee to which the questions were referred.
The American, British and Japanese dele
gates gave the adhesion of their govern
ments to the principle of the French pro
posal, which was to the effect that there
will be a declaration of war before tho
opening of hostilities. General Horace Por
ter observing that while In accordance with
the constitution the right to declare war
belonged to congress, he did not see any
obstacle to the adhesion of the United
States to the French proposition.
, Senor Quesada (Cuba) in the name of the
Cuban delegation, declared that as the con
stitution of Cuba enumerates among the
powers of congress that of declaring war,
the Cuban delegation could not subscribe to
any Instrument not reserving to their con
gress the right to determine the form and
conditions of a declaration of war.
Colonel Tinge (China) expressed the wish,
that It be determined what constitutes war,
as several European countries Invaded and
fought China without admitting that they
were engaged In war. The amendment In
troduced by The Netherlands, proposing
twenty-four hours delay after a declaration
of war before the outbreak of hostilities
was rejected by sixteen to fourteen vots.
There were five absentatlnns from voting.
The first article of the French proposal,
that a declaration of war should precede
the opening of hostilities, was then ap
proved by 31 to 1 votes. Two delegates
abstained from voting.
The second article, regarding giving notice
to neutral powers of an outbreak of war
also was approved and a special commis
sion was appointed to draw up a definite
proposition on the subject to be submitted
to the conference.
TO ELIMINATE DOLLAR MARK
E. M. Shopard Gives His Idea of
Altering; Existing Conditions
of Capital.
OALESBURO. 111., July 12. The abolition
of the purely nominal money capital of
business corporations as a cure for the evils
of overcapitalisation, was set forth by Ed
ward M. Shepard In an address before the
Illinois State Bar association today. The
removal of the dollar mark from capital
stock will, he believes, go far toward solv
ing the problem.
"It Is the falsity of the present ploji of
corporate capitalization which should con
demn It," he aald. "For the very reason
that it facilitates deceit, the delusion of
Investors and insincere dealings, it should
be ended If there be a better plan. I think
there Is. I propose that the share of stock
shall have no dollar mark; that Its only
essential feature shall be the truthful cer
tification that it Is one of a given total
number of equal shares Into which the en
terprise Is divided."
Mr. Shepard also a poke of the common
Idea that the profits of railroads and other
public service corporations should be re
stricted to 6 per cent This, In his opinion.
Is a fallacy, and if so restricted, would
prevent Industrial advancement.
"Private capital will not go Into new and
untried enterprises unless upon a promise
that, In case of success, the profits shall
exceed the rate of interest which could be
earned upon assured Investments," he said.
YOUNG BOY SHOOTS ANOTHER
After Committing; Deed He Tarns
Revolver Upon Himself and
Blay Die.
MILWAUKEE. July 12. Arthur Sauter,
aged 17, whose home Is In Appleton, Wis.,
and Daniel Kelly, aged 20, are at the
Emergency hospital suffering from what
may prove to be fatal revolver wounds. The
boys llvod together t the home of Kelly's
mother, where the shooting was done. Kelly
was shot In the Jaw and over tho heart
and Sauter In the fao and kidneys.
Later this afternoon Sauter n.ade a state
ment to tha police In which he declared
Kelly shot him without any provocation,
later turning the revolver on himself. Both
boys are said to be in a serious condition,
F0UR YEARS F0R DEFAULTER
Philip Keasira, Formerly St. Paul
Teller, Sentenced to Minnesota
Stat Prlsou.
ST. PAUL, July 11-Phlllp Kemplen, for
merly peying teller at the Capital Nstloral
bank, was sentn.-J to four year.- la t;-.i
state prison today. He pleaded guilty to
mlsepproprlauton of funds. Kemplen was
arrested In Seattle some weeks ago, after
hs had left the employ of the bank. The
total amount of his defalcation haj net
been made public. It la known, that U7
Vaxoasdoa tuwa.
M'CREA OPPOSES LOW FARE
Fresident of
Talks
Pennsylvania
of Charges.
Lines
SHORT EIDERS GET LOWER RATES
ot Good Holiness for Roads to
Cliairsrc Vnlform Fare Two-Cent
Fare Do- Not atliunlato
Traffic.
PHILADELPHIA. July 12.-The hearing
In the equity proceedings brought by the I
Pennsylvania Railroad company ag-alnpt I
tho city and county of Philadelphia to re
strain the latter from enforcing the 2-cent
rate law was resumed today. President
MoCrea was railed to the stand and was
aeked:
"Do you think the 2-cent rate fare Is fair
both to the railroad and the public?"
"I do not think It Is," wus tho reply.
"A uniform charge of 2 cr-nls a mile for
all classes of passengers is unfair and Im
practicable. With 2 cents as a maximum
you cannot make a siifTU lent difference be
tween the short anil frequent rider and
those who travel longer distances which
will bring a fair profit to tho company."
"Can a uniform rate bo properly charged
by a railroad?" . '
"No, sir. It is not proper to charge a uni
form rate. Passenger rates are largely de
pendent upon the density of population and
the frequency wtth which the public rides.
In densely populated territory we can
charge a lower rate than In districts thinly
populated."
"You have a considerable number of
passengers who travel at the rate of more
than 2 cents a mile and a great number
who pay under cents; why not charge all
classes a uniform rate of t cents?" asked
Mr. Johnson.
"It would be unfair tn the railroad and
to the public The general practice of all
railroads Is to carry short riders at a
lower rate."
"Would you carry more passengers If the
present law Is put Into effect?"
"No, sir. My observation Is that the
stimulation of traffic Is dependent largely
upon the character of the service and the
natural increase of population and busi
ness. The 2-cent fare does not affect the
short riders, who now pay under that
figure, and longer distance riders, gen
erally speaking, will nof ride more fre
quently because the fare has been cheap
ened, but will continue to ride only as
their affairs demand It."
WOMAN ACQUITTED OF MURDER
Unwritten Law Protection for Mother
of Girl In Maryland
Conrt.
LA PLATA, Md., July 12. In five minutes
after retiring a verdict of acqultal was re
turned by the jury in the case of Mrs.
Bowie and her son, who were tried for the
murder of Hubert Posey. The case was
given to the Jury at 12:25 p. m. and the
court then took a recess.
States Attorney Wllmer's statement last
evening that the prosecution would be sat
isfied with a verdict of manalanghter was
a surprlso and wss met by the demand of
former State Senator Posey for the defense,
that the Jury either acquit or And the ac
cused guilty of murder.
Congressman Sidney Mudd of oounse! for
the defense. In his address to ' the jury,
disclaimed belief In the innocence of Mrs.
Bowie or her son, but he declared under
the circumstances they should not be held
responsible for killing Posey, when he
had refused to marry ' Mrs. Bowie's
daughter after betraying her.
"The family in this land of ours Is the
nucleus and the nursery of the common
wealth. The protection of the sanctity of
the family ties, the chastity of women, the
development and maintenance of a salu
tary and exalted respect for the honor
of the mother, the sister and the daughter
becomes, therefore, a natural and essen
tial feature in this trial. It is In this
sense that I confidently claim the protec
tion of what I have called the 'unwritten
law' as an adequate defense for these
defendants."
FILIPINO DIFFERENCES END
Announcement Made of Terms of
Settlement with Catholic
Chnrch Fathers.
WASHINGTON, July 12. An agreement
has been reached between the secretary of
war and the representatives of the Catholic
church in' the Philippines regarding a num
ber of Important matters of controversy
which will obviate the necessity of prolonged
threatening vexatious litigations. Regard
ing the landed properties, the agreement
provides that the Roman Catholic church,
through the archbishop of Manila, shall
possess in absolute title the land and prop
erty pertaining to the hospital of Ban Jose,
the hospital of San Juan de Dlos, the Col
lege of Santa Isabella. These properties
are valued at $2,060,000. The church re
llnqulshd to the government of the Philip
pines all claims and demands upon the
estate of Santa Potenclana and upon the
hospital and foundation of Santa Laiare,
except that the archbishop Is to retain pos
session of the block In whloh the present
Santa Crus cemeterv is situated and of fifty
hectares north of the hospital. The Spanish-Filipino
bank dlsnute also was settled,
by which all claims to the exclusive privi
leges snd to note Issues beyond the amount
approved by the American government are
abandoned; but on the other hand, the bank
receives the confirmation without litigation
and Important privileges.
LIFE SENTENCE FOR O'HEARN
Supreme Court Decides that Omaha
Murderer Need Not Suf
fer Death.
(From a Staff Correspondent.)
LINCOLN, Neb., July 12. (Special Tele-
1 gram.) The supreme court handed down a
' decision this sftemoon In the case of the
, state against Jay O Hearn, sentenced to
death from Douglas county for the murder
: of Nets Lausten, a saloon keeper of Omaha,
I who was held up In his place, corner Twen
' ty-scond and Cuming streets. The esse
Is not sent back to Douglas county for new
. trial, but the sentence Is reduced to life
Imprisonment.
I
DISTRICT COURT MUST ACT
' Hermain Borhe's Case Will Not Be
j Heard by Madison Insan-
I Itr Board.
j NORFOLK. Neb., July 12.-(Speclal Tele.
' tram.) -The Madison county Insanity board
will not art on the Insanity petition In the
rase of Herman Boche, slayer of two men
and awaiting trial for killing Frank Jurmer.
County Attorney Keen'.gate1n protested that
Boohs la now in ths hands of the district
court and that ths Insanity board, has no
jurisdiction over htm. Ths board sua-
raided the jjieteatk
SIOUX FALLS MEN COMPLAIN
Insist that Place la Entitled
to Mlsanurl lllver
Rates.
(From a Staff Correspondent.)
WASHINGTON. July U (Special Tele
gram.) The Interstate Commerce coni
mtsHon today received a petition from Jew.
ett Hr"S. Jewett, wholesale grocers of
Sioux Frtlls. S. L., complaining sealmit
tl'.j rates charged thtn by the Milwaukee
the Northwestern, Minneapolis A Omaha.
Illinois Central nnd Hock Island railroads.
Tho coi.iplutnanis allege the city of Sioux
Falls Is entitled to Missouri river rates and
ask to be made a basing point upon an
equality with Omaha. Sioux City, St. Jo- t
soph and Kansis City with respect to I
shipments fi jm Chicago. Milwaukee, Green I
Bay and other Lake Michigan points, from
which MISHourt river rates are In effeci.
The complainants further assert the rntes
now charged are unreasorable and unjust
as compared with rates from Cl'.tcafco,
Milwaukee, Green Bay- aiul other Lake
Michigan points to SWux Clly. nnl sub
jects merchants of Slnux Falls and its lo
cality to unjust discrimination.
It 1c stated thtit numerous wholesaling
and Jobbing establishments have located
at Sioux Falls and minii-rous transfer and
storage warehouses have been constructed
for the purpose of handling frtlsht trans
ferred at Sioux- Palls , to locn'lt'iH In adj.
cent territory; that the city of Sioux Falls
has become a distributing point for acrl
culturnl Implements, groceries, fruits, hard
ware, druifs and other cninmn.TltliH
throughout the adjacent territory and that
said city, be reason of Its geographical sit
uation nnd under existing commercial and
Industrial conditions, Is now entitled to
Missouri river rates and to be mado a
basing point.
Promotions of clerks In the following Ne
braska, postorTlces were made July 1: Falls
City, one $400 to $fiT, one $C.nn to $800; Kear.
ney, one $000 to $Hi0, one I7D0 to $M); one
$800 to $!Vi; McCook, two $500 to $tXt; Ne
braska City, one $M0 to $i'iO0, two $fi00 to $-0),
one $900 to $1,000.
Lieutenant Colonel George Ruhlen. dep
uty quartermaster general, will proceed to
Fort D. A. Russell, thence to Fort Omaha,
for the purpose of Inspecting construction
work In progress and completed and of re
porting upon subjects of sites for new
buildings at these posts.
Civil service examination will be held July
27 at Beatrice, Neb., for clerk and car
rier In the postnffice service.
FAILED TO POST A FLAGMAN
Work Train on Kentucky Road Ob
structs Line for Fright nnd
Many Are Injured.
SOMERSET. Ky.,.July 12.-81X men were
hurt In a wreck on the Queen & Crescent
rallrosd yesterday when a local freight
train crashed Into a work train near the
Tennessee line. A relief train brought the
victims to a sanitarium here.
The more seriously Injured are:
Caleb Owens, bruised and scalded.
ll B. Mulkey, sprained wrist.
W. N. Angel, Jaw bruised.
Fran!- Fltzpatrlck, back and right arm
sprained.
Robert Shepard, back and arm scalded.
F. M. Ross, elbow bruised.
Frank Lovell, scalp Injured, left arm and
leg cut.
B. Lovette, scalp wound, face, arm and
leg cut.
The wreck was caused, says an official
announcement, by the work train falling to
send out a flagman while stopped to take
j water.
I SUPERIOR, Wis.. July 12. Two trains
on the Great Northern railroad came to
gether head-on sbout twelve miles from
Iirookston today, with the result that one
man was killed and five are Injured, ont.
of them so seriously that he Is not ex
pected to live. The dead:
J. B. LEONARD, brakeman.
The Injured:
Victor Cllne, brakeman, crushed inter
nally, not expected to live.
Edward F. Roach, engineer, left shoulder
fractured.
George D. Smith, engineer, left leg frac
tured. William Madsen, Allouex, fireman, scalded
about face and hands.
L. Boston, fireman, both legs fractured.
MAY USE BENZOATE OF SODA
Department of Agriculture Will
Permit Small Amount to Be
Placed lu Food.
WASHINGTON, July 11 The Department
of Agriculture, It Is understood, Will within
a day or two promulgate regulations gov
erning the use of benzoato of soda and sul
phur fumes as preservatives of fruits and
other foods. These regulations have been
signed by the secretaries of the treasury,
commerce and lubor and agriculture. Pro
teats .and memorials have been received
from the National Food association and
from California fruit packers against the
reported purpose of the government to In
hibit the use of these substances, and al
though provisions of the regulations have
not been made public. It is understood that
the use of a limited amount of bensoate of
soda and sulphur fumes will be permitted.
It Is not thought that the provisions of the
i amended regulations will disturb the pack
ing Industry so far as these substances are
concerned, at least for the remainder of the
present calendar year.
WRECK AT HATTIESBURG, MISS.
One Man Killed nnd Nino Are
Injured In n Head-on
Collision.
HATTIESBURG, Miss., July 12. In a
head-on collision between a Ship Island
work train and an incoming passenger train
On the Mobile, Jackson ft Kansas City rail
way, one man was killed and nine others
injured.
Tan dead:
ENGINEER OSCAR HARNES. Mobile.
Jackson & Kansas City railway.
Tho Injured:
Watts, hostler, Gulf ft Ship Island
railroad.
V. Myrlck. car repairer.
Alexander Boyd, helper.
G. Bellman, conduct ir. Mobile, Jackson ft
Kansas City.
T. B. Batson, county chsncery clerk,
Coleman Heinnett, sr.
Georgia Carter.
Two negre firemen.
DEALERS LOOK FOR BIG CROP
Grain Men Located on Missouri Pa-
clto Expect to Handle
Much Wheat.
NEBRASKA CITT, Neb.. July 12 -(Spe-el!.)
At a meeting of the Nebraska Grain
Dealers' association, composed of those
who own elevators on the Missouri Pa
cific railroad in thla vicinity, huiJ In this
city yesterday, It developed that the yield
of wheat promise) to be much larger than
was anticipated earlier. Ti e men d s
cussed plans to secure cars, so there
would not be the usual congestion and
shortsga. They also said that ths corn
prospects wurs exceptionally bright and ths
Indjoatlons wars that thsro would bs a
jUige field thli fali,
KATE FIGHT SOW ON
State Moves to Remand the Case to
the State Courts.
NO FEDERAL QUESTION INVOLVED
Thompson Cites Northern Securities
Case Decision.
CONTENDS STATE PARTY IN CASE
Railroads Hold Citizens Are the Real
Party Plaintiffs.
BOTH OF MUNGERS PRESIDE
Delay In Arrival of Railroad AttOf
ncys Is uses Court to Convene
Late; llrrnl Array of
l.cunl Talrnt.
(From a S ' iff Correspondent.)
LINCOLN, July 12. (Special Telegram.)
The motion of the attorney general to
rcivnml to the state cuiirt the Injunction
suit against the railroads, which the latter
recently transferred to the federal court,
s being argued before Judges W. H.
MunRer and T. C. Munger. Ths state is
represented by Attorney General Thompson
and Deputy Attorney W. D. Rose, while
the following railroad men are here: For
the Union Pacific. John N. Baldwin and
Edson Rich; for the Burlington, James
Kcltiy; for the Northwestern, Ben Whits;
for the Missouri Pacific, A. It. Tallxit and
Bailey Waggoner, and for the Rock Island,
W. D. Mcliugh and R. J. Greene of Lin
coln. Owing to tht delay of the lawyers from
Omaha In getting here the case waa not
begun until after 11' o'clock. W. B, Rose
opened for the state, reading the brief
which had been prepared by the legal de
partment of stnte. Mr. Rose made a brief
statement of the case, saying an Injunction
suit had been started by the attorney gen
eral In the state supremo court to prevent
the railroads from violating the 2 cent rata
bill, the commodity rate bill, tho orders
of tho railway commission and the anti
pass bill, all measures passed by the re
cent legislature. The corporations had
transferred the case to the federal court.
In tho brief of the state filed by Attorney
Oeneral Thompson, Deputy W. H. Rose and
Assistant Grant Martin, It Is contended
that not only Is the state the real party
at interest, but that there exists no ground
whatever for the removal of the case to
the federal court, Inasmuchj as no federal
questions are raised and It would have
been Impossible to have begun the case. In
federal court originally. Under tho consti
tution of the state and under the common
law and by reason of numerous stnte and
federal court decisions the stato has a right
to try cases to which It Is a party In Its
own courts.
Thomnnon Combats Removal.
Attorney General Thompson, after olting
various decisions to support his contention,
said:
Every ground of removal presented by
defendant's petition for removal has been
ruled against it In Minnesota v. Northern
Securities Co.. 184 U. 8. 4s.
Under the adjudications, the petition In
the state court shows on Its face that th
state of Nebraska Is the real party plaintiff
and that no question arising under tiie
constitution, lnws or treaties of the United
States la Involved.
The petition In the stste court also shows
that It Is the duty of defendant to obey
the statutes pleaded. Under plaintiff's petl.
: tlon the stato supreme court acquired Juris
diction over the defendant mid It cannot
be deprived of the right to adjudicate the
ea by subsequent allegations of defendant
that the Nebraska statutes are void and
that the attorney general and the mem
bers of the Nebraska State Hallway com
mission, who are nominal plaintiffs only,
are trespassers and are attempting to en
force void statutes in violation of the
constitution of the United States.
On the grounds that the state of Ne
braska is the real party plaintiff In the
state court and not a citizen within ths
meaning of the removal acta and that the
petition filed In the state court presents
no question arising under the constitution,
laws or treaties of the United Stales, the
! motion should be Sustained and the causa
remsnded. .
For the purpose of vindicating Its own
sovereignty and of protecting Its people
from the public Injury of unlawful and
extortionate transportation charges exacted
by the defendant, the senate of Nebraska
may Invoke the equity powers of Its own
courts, but the circuit courts of the I'nlted
States are not vested with equity Jurlsdlc.
I tlon to vindicate the sovereignty of Ne
I brsska or to compel defendant to obey Its
j laws by exacting for services such com
1 pensatlons only as Is allowed by law. The
; state of Nebraska cannot bring its statutes
; to this court on any such a mission and
j this court has no jurisdiction in equity
either by original suit or removal to en
' tertaln the actlem, and It could not have
' been brouirht originally in the circuit court
of the United States.
This point was fully discussed by Judge
Shlraa In Pey against Chicago, M. & St.
P. Ry. Co., 46 Fed. 82. That was a suit
brought originally In the district court of
Dubuque county, Iowa, tn enforce an order
of the Iowa Board of Railroad commis
sioners made under authority of an Iowa
statute, and was subsequently removed
to the United States circuit court. Ths
circuit court held that it had no inrlsd'e
tlon over the subject mstter and rumanded
the case to the state criirt. though ths de
pendent was a Wisconsin corporation.
Railroads Ilavs Inning;,
John N. Baldwin of tha Union Pacific
addressed the court at length. He Insisted
that the attorney general had quoted
largely from English reports In this brief,
because ths American courts did not bear
him out in his contention. Mr. Baldwin
Insisted that the stats was not ttMh
party In Interest In the esse as to prevent
the removal to the federal court. The state
had no monetary Interest in the case and
could only have a general Interest In ths
outcome of the suit.
W. D. McHugh of the Rock Island next
addressed tha court. He declared the state
was .not an lndlspensible party to the suit
I and concluded that the court inlirht well
accept jurisdiction because of that fact,
j He asked the court to consider the case a
' controversy between the officials of the
'state and the railroads. "If there Is any
violation of the laws regarding carriers It
Is for tho Hallway commission to taks
action.' he declared.
"Do you construe the railway commission
law to give the commission power to en
force every law regarding transportation
companies?'' anked Jud56 W. II. Mucger.
But Mr. MeHur.li did not desire to answer
i
I ths question yen or no. He liialstuu that
j ths commission had great power under the
I law over transportation companies.
' Balily Weggener of the Missouri Paclflo
! decla'vd that the state had no Interest In
, the case save a governmental interest. He
! Insisted thiH was not enough to n.ake It the
j resl party In fntnt so that the motion to
remand to the st.ite court would have to bo
sustained
M'lM e.M sI'OKf.Mi t.N FOR AM.
rssfereare of Attorneys Decides on
Him as Heprrsrutatl vo.
At a meeting of tli attorneys for tha
various roaUs InUresled la ta illljfatioa
4