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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 29, 1907)
The Omaha Daily Bee
OVL. XXXVII NO. 33.
OMAHA, MONDAY MORNING, JULY 20, 1907 TEN FAGES.
SINGLE COPV TWO CENTS.
") I """"""I "i-
I WHAT WEST WANTS
Tormal Call it Issued for the Tram
missisiippi Commercial Congress.
APPORTIONMENT OF DELEGATES
Session Coincident with Admission of
State of Oklahoma.
DEVELOPING TRADE TO SOUTH
Closer Commercial Union with Latin
DEVELOPMENT OF WATERWAYS
"roH Action of President In Kant
la f Comaalaaloa to Inve.tl
sata the tnhjert I
KANSAS CITT, July 28-The official call
for the eighteenth annual session of the
Tranamlsslsalppl Commercial congress, to
be held at Muskogee, Okl., November 19,
to, 21 and 22 next, was Issued today. Rep
resentation I provided for aa follows:
The governor of each state and territory
may appoint ten and not more than twenty
delegate; the mayor of each city one dele
gate and one additional delegate for each
1000 Inhabitant, provided, however, that
no city shall have more than ten delegates;
each county may appoint one delogate
through It executive office; each business
organisation on delegate and one addi
tional delegate for every fifty members,
provided, however, that no such organisa
tion shall have more thaji ten delegates.
Qovernors of state and territories, mem
ber of congress of the United State and
former president of the Transmissisxlppt
Commercial congress are ex-offlclo mem
bers, with all the privileges of delegates
except voting. The cell says:
The executive committee respectfully di
rects attention to the fart that the Trans
mlsstsslppl Commercial congress In holding
Its eighteenth annual session coincident
with the admission Into the federal union
of tli new state of Oklahoma follow a
precedent long established of maintaining
a foremost position In all mutters affecting
the material advancement of the region
west of the Mississippi river. The admis
sion of Oklahoma and Indian Territory Is
therefor suggested as a fitting occasion
for the assembling of the commercial In
terest of the transmlaslsslppt states.
Clooor Commercial Lnlon.
The message of the president of the
1 lilted Slatea to the national congress on
January 7. 107, endorsing the recommenda
tions of the Transmisstssippl Commercial
congress, which were adopted at the Kan
sas Ctty session, urging a closer comnen lal
union with the Latin republics, aiialn bring
forcibly to the attention ,,r ;h i
bodies of Hie trnniiitsisslpp section the
necessity for further agitation along this
line, to the end that the commerce of the
country may be so enlarged as to obtain
unrestricted and speedy intercourse with
the republic of Central and South America.
Attention I also directed to the prompt
action of President Roosevelt In appoint
ing an Inland wuterways commission,
whose duty It Is to prepare and report a
comprehensive plan for the Improvement of
Ml river systems of the United States.
Inasmuch a the transmiaslppi state and
territories ar especially Interested In the
work of this .commission, tli commercial
organisation of this section are urged to
1v this matter attention when delegate
ara Minuted to attend th congress.
Other subject mentioned In the cell are
forert reserves, the creation of a depart
ment of mines and mining, co-ordinate
with the Department of Agriculture, river
and harbors, federal supervision and the
right of the government to secure the oot
of operation by leasing system upon water,
land or timber, operation of the national
reclamation act, drainage of submerged
public lands, scientific farming as a means
of reclaiming the public grasing lands in
the Semi-arid states, municipal, state and
federal ownership, statehood for New
Mexico, private monopoly, Panama and the
canal, merchant marine, Irrigation beet
culture and the augar Industry. Immigra
tion. DEATH FOR WIFEBEATERS
Jadgto Tnttalll, of Chicago Make Som
Vlgoron Remark, froaa th
CHICAGO. July 2S. The killing of hus
bands who beat their wwe was advocated
by Judge Tuthlll In the circuit court today
In the oours of a divorce case being tried
Indignant at a woman' description of
tan) Inhuman treatment to whloh ah had
Wen subjected by the man who claimed to
be "her maater" and aroused by state
ment that hi abuse had taken place In
tha presence of men who would not In
terfere Judge Tuthlll exclaimed that In
extreme rase violence should be met with
violence, no matter what the consequence.
The court also recommended that neigh
bor should go to the aaaistano of a wife
and aaaall th woman-beater. In no un
certain term he announced tbat any one
who took uch action would find a friend
In him If brought before hi in.
"Whenever a brut of a man strike a
woman." said Judg Tuthlll, "It I the
woman' duty. If ah can't run away, to
kill him. She haa Just as much right to
self-defense aa a man baa. and should us
CAVALRY BEGINS LONG. MARCH
lasaaras Starts on SO-Mllo
from Fort Riley to Fort
JUNCTION CITT, Kan.. July .-The
first squadron f th Thirteenth cavalry,
which baa been stattonad at Fort Riley
for th last three years, left today for
It march to Fort Sheridan. 111., a dis
tance of (60 mile. Major Thomas Lewi
I In command. The troop are expected
to mak th march In forty-flv day,
with no travel on Sunday and with stop
at Fort Leavanworth and Rock Island
arsenal. Th squadron I accompanied by '
Captain Fttxhugn Leo and Lieutenant !
Philip Sheridan. President Roosevelt' !
aides, who will mak a report of th
march to th president on their return
to Washington. Present arrangement
are for th president's son, Kermlt, to
Join th squadron at Leavenworth and
b th gueat of Captain Loe and Lieu- '
tenant Sheridan on tb remainder of tha '
march. Th inarch was commenced In '
rain and over muddy road.
oon for Flnnhlnloa.
MITCH ELL, a D July St. -Judg Frank
B. Smith of th Fourth Judicial circuit, ye
terdey rende-d a decision tn th Plank
hiton license caae which will permit sa
loon to be operated In that town. Th
case la an Interesting on and contain
some v.lu.bl law point, which hav not
heretofore been brought out in thl atat
with referanr to th granting of license,
where th queeUoa had bean carried.
WILL PROSECUTE CRIMINALLY
JTtw Poller of Government
Wroialaf Canse fo
CHEYENNE, Wyo July 2S. Special.)
A profound enatlon has been created
' amoni ranchmen and stockmen, not only
of Wyoming, but of Colorado and other
western states, by the official announce
ment Just mad hare by H. II. BVhwarti,
chief of the fielA division of the United
States land office, that hereafter It would
be the policy of the government to proced
criminally, rather than by civil aulti, In
Illegal fencing cases.
For the last three yeara Investigation
of Illegal fences have been going on In
western states Numerous order have been
Issued, the stockmen have been granted
extensions of time In which to remove their
fences, and during the last six months,
during which the Investigation has been
carried on In earnest, a large number of
civil suits have been Instituted. Illegal
fencers have com to re' this as the
only course to be adoi 'hv govern-
ment, and where fenc
niv.tu, irivu nulla iiftviiis .
ults were dismissed. 'K. .
Now comes th announce '
warts, who I at the head v
special agent of the land
presented to the next federal gr.
In Wyoming and that eeventy-five n. '
In course of preparation. Who the d
ants will he In these cases I a govern, .it
secret, which the official are religiously
keeping, but certain It Is that It will Include
many of the most prominent residents of
Wyoming, and that the next session of the
federal grand Jury In Cheyenne will be the
most sensational ever held here, the recent
action against the coal land grabbers paling
Into Insignificance beside It.
It has been the policy of District At
torney T. F. Buike to proceed against the
offender with civil suits rather than
criminal prosecutions. But it Is learned
that this policy will no longer be pursued;
that the ranchmen and stockmen have had
sufficient notice, and that In the future
Illegal fencing will be punished by criminal
prosecutions. That this policy Is to be
rigidly carried out 1 evidenced by the an
nouncement of Mr. Sen warts that already
twelve criminal case have been prepared
and are ready to be submitted before the
nexf grand Jury and that fully seventy-five
more are In course of preparation.
Stonx Falls Festival.
SIOUX FALLS. S. D.. July :8.-(8paclal.)
Preparations are being pushed for the
annual fall festival, which is to be held
In Sioux Falls this fall by the local busi
ness men. The first annual festival held
last fall was a much greater success than
anticipated, and there Is little doubt that
this year's festival will be even more uc
cessful. Or.e of tile strong features of the
festival will be the presence of a leading
hand of tie east, but Just which musical
orstnlxstlon will be engaged ha not yet
been fully determined. Other attraction
are being booked for the week the festival
will continue. One of the most successful
features of the festival last year was the
display of grains, grasses, fruits and veg
etables. This feature will be enlarged upon
this year and more than double the amount
of cash premiums will be offered. A num
ber of free attractlona will be provided by
th committee which ha chargo of the
arrangements for the festival. Thee an
nual festivals take the place of the regular
street carnival feature, which have been
cut out so far as Sioux Falls Is concerned.
WAGILLS REACH ST. LOUIS
They gay They Are Anxlona to Sex
Themselve. Right with Their
ST. LOUI8. July M.-PVed Maglll and Fay
Graham Maglll passed through St. Louis
tonight on their way back to Clinton, III.,
where thev are to fare trlsl nn h ii...
of killing Pet G.ndv Ma.UI. MariWm - "I!
wife. They were In the custody of Sheriff
Harvey A. Camobell and Mrs r.mhn
stopped In St. Louis for two hours be for
taking a train for Clinton. From fellow
paasenger It was learned that on their
trip east they acted a ny couple might on
their honeymoon Journey. While admitting
they were married In Denver on their way
west, a point that has not been heretofore
settled, they said nothing bearing directly
on the death of Pet Maglll except that
they would hav returned to Clinton had the
sheriff abandoned them entirely. They say
that they are anxious to set themselves
right with their friends.
Maglll waa courteou in hi declination to
discus hi caae at length.
"Acting on th advice of my attorney,"
he aald, "I muat refuse to mak any state
ment until I have seen Richard A. Lemon.
wno is waiting for me at th Terminal
He and Mr. Maglll and the sheriff and
his wife went to a room In the hotel, Into
which Attorney Lemon of Clinton was later
admitted, Mr. Lemon announcing a few
minute later that no statement would b
The party left San Diego last 8unday
morning. jgolng from there to Lo Angele
and coming east through Ogdre, Denver,
Omaha and Kansas City. They ar-tved her
at T p. m. and remained In th l.otel until
o'clock, when they took an Illinois Central
train for Clinton. As they departed they
wer joined by several Clinton friends,- who
came here to meet them.
NEBRASKA PEOPLE IN EAST
Bom of the Recent Arrival nt th
Frlnrlpnl Resort. In New
BOSTON. July M.-(Bpeclal Tel.gram.)
Among late arrivals of westerner at New
England resorts are the following N.
braskans: Watch Hill, R. I., Mr. and Mia.
J. B. Foot, Omaha; Revere Beach, Mass.,
Mis Maud Hill and Mias Ida Hill of
Monroe, spending the summer with their
uncle, William M. Hill; Field s Point, R. I.,
Miss Lula Hunt, Omaha, at th Atkln
cottage; The Summit. Mount Washington,
N. H.. Mr. and Mra. J. S. Dart. Bloomfleld.
Grief Canoe Inleldo.
BEATRICE. Neb.. July 21 (Special Tel
egram.) Howard K. Myers,
a promlnnt '
young farmer residing two mil., northeast I
or ncareiL took a auanttty-f mnrnhir..
xmw.-ii ....... - -
lat night at 11 o'clock with suicidal In
tent, and died from the effect, of the poison
thl. morning at T o'clock. Th. fatal dose
wa. taken at the home of hi father, J.
Myers, where he haa been living since the
death of hi wife two month ago. Worry
over her death Is assigned a th cause.
H. was a) year, of age
nd leaves a child I
months old. Myers left a letter t hi. i
father telling bin. how to dlsrM of hi. '
property and .aying that grieving over th.
death f hU wif. ;.u.ed him t till to
ISSUE IN NORTH CAROLINA
Clash Over Enforcement of Two-Cent
Law Arouses Excitement.
CTIIT'O ttaitt J,.,, I,..,
STATES RIGHTS QUESTION UP
Gorrrssr Glenn' Threat of Display
of Aran a Kb force Payment of
Fine la Wot Taken
(From a Staff Correspondent.)
WASHINGTON. July 27-Speolal.)-The
clash between the state and federal au
thorities In North Carolina growing out of
the enforcement of the 2-cent rate law In
that state ha brought about In an unex
pected manner the attention of the country
to the fact that the rights of the state In
the execution of their law shall be para
mount or else those who administer the
law of the several states shall know the
Railway throughout the country were
adopting the law passed during the last
congress amending the Interstate com
merce law and enlarging the powers of that
commission, with protests In order that the
""y ne law m.gnt re passea
i" legislatures paasi law.
ItZ V..T. y 7 r"' "W
r-Va f Z t e'Plcl1,Jr Wh" nxrt
.Tn, I.h r f C? " mte T
adopted the railways. In order to make their
case, were accepting and putting Into effect
an Interstate rate of 2, 2, or -cent rates, a.
the several state legislatures had decreed
namely, confiscation of property.
Kverythlng seemed to be clear sailing:
the railways were preparing to take their
complaints to the supreme court of the
state In the most direct way and In the
event of the legislative act being upheld
by certification to the supreme court direct
upon the broad question whether the con-
gress of the United States had the power
to say what rate should be charged with
interatate and whether the present amended
Insterstate commerce act was constitu-
tlonal. The administration felt no fear of
the outcome and everything was moving
along In an orderly manner when the North
Carolina case loomed up large upon the
Governor Glean Start Tronble.
Here was a new phase which the ad
ministration people had not anticipated.
And a It look now promises to be of
serious consequence to those who believe
that the government Is more powerful than
that state within certain well defined lines.
Governor Glenn of North Carolina, after
the passage of the act by the North Caro
lina legislature providing for a 2-cent rate
on the railroads In that state and mak
ing It a misdemeanor on the part of the
railroad companies failing to put the rate
Into effect with a fine that In the judgment
of the court should be ample, directed the
legal authorities of his state to Impose a
fine of 130,000 on the Bouthern Railway
company, one of the great railway corpora,
tlon of the outh, because Ms officer had
refused to put the rate Into effect pending
a Judicial review, and sentenced two of It
representative of the passenger depart
ment to hard work on th "rock pile" and
In the chain gang for thirty day.
Th legal department of th Southern
Railway, believing that a gross Injustice
was being done the local representatives
of their railroad who had no power what
soever to pay the fine Imposed upon that
railroad by the legal authorities of North
Carolina, applied to the circuit court, over
which Judge Prltchard presides, for a writ
of habeas corpus In order that the merits
of the case might be argued impartially.
' . .
'""p.p,ICBUoB ,or lh' w was granted
j rnlte " Bt.te. """I "pUb,,cn
I n" fUtM . ',nator fro1" North Caro-
Una, and appointee of Theodore Roosevelt
Judge Prltoh.rd-a Right. .,(.,.
And right here come a matter of serious
controversy. Whether Judsre Pnt,),.
had th right of Int.rfereno. In a matter
that concerned the state whollv .n !
whether .t would not hav. be,! .v.""? 1
practtce to permit the case to go to the '
upreme court of the ntst on application
refund would have naturally brought the
State, c'riudge S !
thereby Involving possibly different mi..
tlon. and a greater length of time ?n which i
the Issue might be Joined. which
uovrnor Ql.nn of North C.rollna I ran.
i resented as "standing pat" on the
the constituted authority of th "Ta
tat to nrnril bd.i,.i .... .
. . . v r.uroau along
lawful line and ha vigorously protest
against the action of Judg Prltch.rd In
hi "lnfrfrence." If such It be.
Washington official hav been consider
ably excited over th Incident for they see
In it the easiest way In determining the
constitutionality of the Interstate commerce
law which Senator Foraker alleges Is un
constitutional. They see also In the controversy a chance
for demagogue to inflam th public over
th question of st.ts's right a It ha not
been presented sine th civil war The
...ur conservative of th eltlaen h.re ar
hopeful that an issue wtll k- , .. I
between North Crohn. anJT the f. e
governm.nt which will b. ..trsfactory to '
,.. ' "'"n na. in-
umated would b th caae If the Southern !
' """ " Py tn fine of $.00f) lm- i
Tk 7h f JmPcnuK Judge !
... uu. p.u ureparaiory 10 me, auties lii fixing a rate and completing lti,ne Pc. The story as told read a
making of the case before the state court he can enjoin the legislature-he can enj0n 'follows:
Vair fleVT?,My ,0 'UPrem I Cnere8e frm raSB,nB U'8 h BPl.l0 of Bo.e'. Oppoaltlon.
of th. in t .7 , T". eXan"nBd "nd "'' whether they W. U. Rose, depu.y attorney general, who
of the constitutional question Involved, are. In his luda-ment i,,.i .. Iihh since been made chairman of the re-
"l course, purl!.. Ho ha I ,ne nrnen and probably aaved the whole
committed no act that would warrant , Picturesque area, but net until ll.ainnoo
impeachment of hi high offlc. He haa amage had been done. Three persona
etayed wholly within hla right. Th only wer Injured, one of the. Oottfrled Mea
queatlon that can at all be raised against erl1' "reman, probably fatally.
-T.i" whether h a. not ha.ty and! n,y tne avanc guard of the 0.roo
h"hm "hould not nav permitted th. P01"6 who "ocked to Coney Island today
writ of habeas corpu to b sued out In the ' "w the flre- but th thrilling tales of th
.uprem court of North Carolina before ' Carles, rescue of San Dora, the armless
tajcing th action which he did. j and legless man. and th flight of Fran
Th Southern Railway oomn... resco. the fire eater when .v..
...... . .: - :
..... ... Lurm varoima promis. to b- i
oom a cause eelebr.
Rxhaa.tlag tha C.I a- .
in lol aaaly.
Rur.nMir I. i t
" " " uw Of i
r..-i ., . . -v.
,.V7.- "r.. "porU of anUst.
.... . " ra wniun
about t0 a.r, th. great coal area, of VoUK Z
th. world will be wholly absorbed and Esw Vo5.:..
that om. new form of heat would have to J 2ZVi""
b Invented to t.k. th. place "of the black lok"" V"".
diamond a. a heat nroducer. nt 1 chbrboi-ro .
w who ar hero nn. ..... i
. . i - . .
. mi,? panic
7" wi" ""V OIB to t
ln" .w ne' " hve the
-1. ' .7 ! ' our but it 1 to look
. ,. V ,nl"'e," of tho who " after
" P""Pt,d Mr. M. R. Campb.ll
(Continued on Second Pag.)
HOT ROAST F0R PRITCHARD
Governor of Virginia Asserts Order
f Jndge "nhvemlv f
RICHMOND. Va., July 28 The Tlmes-
i ..'i.imiich. in an interview louay wun uov
ernor Swanson of Virginia, give his po-
sltion regarding the railroad rate situation
In this state. The governor says the case
In Virginia I different from that In North
Carolina, as no law establishing rates In
this state haa yet been perfected and that
the paramount authority for fixing rates
Is vested In the corporation commission,
which Judge Prltchard recently enjoined
from publishing Its order for a uniform
l-cent rate. The governor says tliat under
Judge Prlteh.rd's Injunction the Commis
sion was prevented from "perfecting the
third act necessary to fixing the rate'
(publication thereof), and that thus theref"""1 melrly B,onK ,h, 1,nMI already In-
Is no 2-cent law In Virginia today. Under
the constitution, said Governor Swanson,
In order for the commission to fix a rate
it must take three necessarv steps, viz.:
j Give notice to the transportation companies
I to appear; second, give a hearing and enter
I an order; third, publish the order four
I weeks before It can take effect.
"T.he order of Judge Prltchard in the Vir
ginia case Is outrageous." pays Governor
Swanson. "Ho says the flxlnir nf h,.i
by the corporation commission Is a legls-
Utlve act and yet he restrains this Wi.
body In Virginia from doing what
abso.ute.y necessary to complete an act
' "r constitution. The
corporation commission I. paramount to
the general assembly of Virginia in fixing
; rates. If Judge tritch.rd can enjoin the
, corporation commission from performing ha
May Defr Order,
"If thin rule or order of his 'is permitted
and sustained. It means the destruction of
j legislative bodies and means that they shall
j become subject to the courts. It means
j the destruction of the very foundations of
I free Institution.
"I have favored and continue to favor
j Ignoring this order of Judge Prltchard
i prohibiting th corporation commission
: from publishing It order aa required bv
j the constitution and for the publication to
j proceed and the act to be completed as
required by our constitution. To acquiesce
J a federal Judge arresting the legislative
Mody of the state In their processes of en
acting legislation is destructive of state
overeignty and all free Inatltutions This
order of Judge Pritvhard makes the Vir
glnla broader and far more Important than
any question of passenger rates
"The members of our commission arc
prepared and willing to proceed with pub
llcatlon or to do anything else that Is
necessary to vindicate their right, r .t.
tain the purpo.es desired. The delay In
action ha. been to enable counse. iol.
Into the matter thoroughly and to reach a
definite conclusion as to what they think
the best and most advantageous course
lor the state to pursue. course
"The rights and dignity of the state will
be maintained to the fu.lest extent Whin
and beoeonmr"U " P"rf'rted by P"Wlc.tton
t .v,.n -niorcea and to do this
I "hall exercise all the oower. l" !
by me aa governor
STOCK F00DMAN IN COURT
Rather Than P.bi,.h ,.Ut f
Ingredients of His Food.
tion., 8tock Pood co mnn:zz:
man wm,"U,t thrU"h h, -""rneys. ub.
man. Williamson A errpld of Abra' ,
permanently enjoin the foort hi '
r'r?'"er.0f Bou,h Dk, proceeding
- ln Plaintiff under the m.r. u
food law passed last
s- . v iv
Dakota looi.iot... . , ""in
.......,., r MFKln t- pn,.. ,
decree that the offending statute Is
stitutlnnal. The oarers in th. ... i
filed In the Umi.H a... i
niea in tne Lnlted States circuit court to-
Th Uw P that every box ran or
P containing r-ock foo or lt7-
tUr T' eon,Pouna 'w use as tock food 1
h,ve on n rrd ,abe' on h face of i
'"tent composing the food. It pro-t
clVZVZV ? " " '
CommW'lon" Wheaton stands out. Under ,
A V q-?""Bn th'" w" i
to have gone Into effect July 1 of this year.
etm.i.. ... ' .1 .til . '"""a 1
L w... . . " B,na no ,
Dower but an act of h lei.io.
postpone the time for m.klng a law opera-
tlve. Therefore Mr. Wheaton ha. Xne
nothing more or lea, than to usurp the
power of the legislature.
FIRE SWEEPS PflNPY 151 AMn
TinC aWCtra OUNtT IbLAND
Million Dollar. Worth of n...
nf Famoa Nw York
KEW YORK. July . -Coney Island th'.. 7 . 7 . under
Playground of New York', milium, wall TFL?? Z??:
visited by a disastrous fir early today
nd .even block. In th. amusement n i
were A.atrn Tl...,'. ,.v
.nd near a .c' "of "smln w" i
out "m. th flames threat-
.. ......... ut-r amusement.
nd th f "mailer place which I
rrln" he water edgo for a mile. A
,ucky hlft of the wlnl to eward aided
, . .. ' : - wa.
""unapu "ere torn and retold along
Surf venue and the nark bower
.. Mian. It. lis,
LI VFH POOL
Ls Ur.U(n. ..
-M.nu.1 (4. ...
.- PhllaJslpliU ...
CAMPAIGN IN THE STATE
Batteries at Present Turned on the
Candidates for Supreme Judgre.
Jf0RK COUNTY PAPERS ON ISSUE
Grand Island Independent es Ont
the Reasons for the Candidacy
of Judge Reese for the
(From a Staff Correspondent.)
LINCOLN, Neb.. July 2S.-(8pecial.)
The preliminary campaigning for the can
didate who want to head the republican
state ticket at the coming primaries 1
dlcated. The opposing press bureau are
keeping busy running up their preferred
candidate and running down the opponent,
althought the Reese advocates' seeem to
he doing most of the mud-sllnglng, while
the Sedgwick boosters are contenting them
selves with exploiting the claims of the
outgoing Judge to re-election.
Neither side seems to be particularly
pleased with what The Hee Ims printed
with respect to the underground circuits
behind the batteries and the wire-pulling
under the surface for the H.5O0 United
States Internal . revenue collectorshlp and
the fat Job of clerk of the supreme court.
The facts previously disclosed are verified,
however, by a statement made by T. E.
Sedgwick, a brother of the Judge, In his
York Times, "telling the simple truth
about the situation" for the benefit of
publican state central committee, was a
candidate for the position of clerk of the
supreme court. He had strong Indorse
ment and enrnest supporters. Moreover,
he was considered a competent man for
the position and the judges looked upon
him as an available man. But Hon. H. O.
Lindsay was proposed, he had been chair
man of the republican state committee for
four years and devoted ills time and for
tune to the work of building up the repub
lican party in the state and bring It to Its
present position. He Is a lawyer of large
experince. a bard worker and an aaree
nhle man to meet, and is In every way an
ideal man for the position. He belonged
to no faction of the party but se;ceeded
In winning four republican victories by
uniting the parly, discountenancing factions
and making every repuhllean feel that he
was needed and was welcome. The de
mand tor Mr. Lindsay by the press and
the rank and Hie of the party was irre
sistible and be wus appointed to the po
sition coveted by Mr. Rose. Since that
time the latter has been trying to under
mine Judge Sedgwick and has repeatedly
said he would show him how It feels to be
deefated. Of course It was necessary first
to have a candidate and overtures were
inadx to several eminent lawyers all of
whom declined to be a candidate against
Judge Sedgwick. Finally Judge Reese was
approached. He had declared for Judge
Sedgwick, or at least told those who ap
proached him he was in favor of the pres
ent Incumbent. However, he waa finally
perfiuaded to allow hla name to be uaed
and the campaign wa launched. A batch
of matter was prepared, entirely regard
less of facts and cunningly calculated to
deceive the unsophisticated, and wa pub
lished In a county paper In the North
Platte. The "press bureau papers" were
enlisted and took it up and a dosen or
more papers that always reflent th
wishes of a small coterie of office-holders
in Lincoln, have lent themselves to th
assistance of Mr. Rose In his effort to
defeat . Judge Sedgwick. .
Itnntlon In York Comity.
Another Interesting sidelight Is thrown by
the York Republican, which has always
been known as an arch reform paper, run
by W. B. Dayton, and constantly fighting
the York Times, run by Judge Sedgwick's
brother. Editor Dayton, under the caption,
"In the Name of Justice," decline to fall
in with the other members of the old press
bureau, and not only declares for Judge
Sedgwick, but resents th accusation of
corporate subserviency made against him
by friends of Judge Reeso, as follows:
York county republicans will be for Judge
Sedgwick, because he has done proctlcally
all the work of his life hero, and because,
when he was a lawyer among ua, he was
recognized as a conscientious and able
practitioner one of the big figures at the
.! ......... . ..... ... ,,t uiB IIKMI
. ' '". ano an auorney in whose
nanus any interest was safe. Thev knn
I that as attorney for the whole public, on
tnB aupfeme bench, he has not discarded
r me irHta or character that mide
h'm reliable as a private ittorney. Thev
know that durlna his whol nrartie
"" he .TVI appeared as the attorney for
1?' W..W' w"""?"-
n-,ed to tn district bench th corporation
""L "'atne opposed V him. All
chine did all In Its power to nominate an-
have forgotten them.
t',",m' M-, ,or
On the other side, a special boom edition
ror Jufl" R"M h" "t this
. ..r,e new portrait of
embellished with a large new nortralt ai
' Th , ' i ,
! t'l 'r JUf"r Re'" tor the
TTT " th" I
pl.'ined bjr th8 '"dependent: I
Some months ago several republican '
lnPW"PaPr" Nehrsska. pleased with the '
success of the party at the last Ut con- j
"u lnB unsequent election. In ,
n .ir or me state from th
hands of a machine far too friendly to th '
. J .iur a.pt r.ltn
. , w ftiwauun to mo
n .w. n.tldTT, JT
bvnJeLneVnt IT. """
any republican of all avocation real-
Ixe the Importance of having a fair court
Instead or an Inimical one, and It I there
fore not surprising that th republican
newspaper of various part of th atat
reflect thl realisation and opinion. Th
Independent today reproduce the editorial
comment of score of republican news
paper upon this question and urge th
voter who would be Informed on the issues
at stake In the present campaign carefully
to read them.
"A careful reading of th vote of th
press reproduced In these pages will also ;
reveal a fixed conviction In th mind of !
many tbat Judge Sedgwick Is nreturiu.. !
aisalnst some of the new measures entcted '
Into law by th recent legislature, and !
especially th antl-pasa law. It la not
necessary, nowever, to go Into thle matter
further at this time.
"The voter of Nebraska demand, unless
we misunderstand their convictions, a man
who will neither curry the favor of the
well-to-do. nor give ear for a moment to
anything that pandera tf envy, or Ill-will,
or hatred, or the baser disposition to tear
down amj to destroy Instead of building
up or repairing. And such a man th
people know Hon. M. B. Reese to be.
The claim Is made that the number of
newspapers enlisted In the cause Is being
steadily enlarged, the chief recruit being
(Continued on Beoond Pag.)
TRI-CITY POULTRY SHOW
Aaaoelatlon Hold Meetlnn Monday
Maat to Arrange the Winter
The Trl-Clty Poultry association, com
posed of members of Omaha, South Oinaha
ami Council muffs, will hold a meeting
Monday night In room No. 151, Exchange
building, South Omaha, for the purpose of
making arrangements for the winter show.
The call for the meeting has been ent
ut by Secretary O. D. Talbot. Mr. Talbot
says the association Is anxious to Interest
all persons concerned In fancy poultry
raising and propose to hold Its best show
thus far next winter.
The desire of the association Is to hold
this show In Omaha. The one last winter
was held In South Omaha and the asso
ciation. In fact. Is primarily a South Omaha
concern, but It Is felt that If the next
meeting were held In Omaha It might be
the means of attracting wider patronage
and arousing greater Interest. The mem
bers are energetically sirlving to Increase
the membership and extend the cop
of the association. They have no outside
monetary resources, but must depend en
tirely for appropriations upon what they
"dig out of their own pockets." The or
ganization being practically a new one and
yet small. Is not equipped with an ex
tensive treasury, but Its purposes are
such that Its members feel warranted In
seeking further strength from thoae who
might well enter the association.
Just where the show may he held In
Omaha Is not certain. Borne have sug
gested the Auditorium, but the association
Is not large enough, Mr. Talbot say, for
that Just yet. He and others bop it
will be soon.
BOY FOOT CAI7GHT IN THRBKHKR
Man Who See Arrldent saves Lad'
Life by tvlrk Action.
TECUMBEH. Neb., July 2R. tSpeclal.)
Eugene Phillips, the 13-year-old son pf Mr.
and Mr. George A. Phillips, who live west
of this cliy. was the victim of a terrible
accident yesterday afternoon, but escaped
with hla life.
Moyer Bros, and crew of men were at
the Phillips home threshing and Eugene
had been given some light work about th
machine. Roy like, he climbed to the top
of the thresher while it was In motion.
Elmer Moyer, one of the threshers, had
been climbing onto the machine to Inspect
the beater, which had needed attention.
He went onto the machine, and without
paying attention to the boy, opened th
trap door to the beater. At this time the
boy, who was evidently engaged In witch
ing the engine, took a backward alep and
hla left foot wa set down into the beater
jaw. Mr. Moyer saw what had happened
at one, and, 'grabbing the boy, prevented
th machinery from dragging him In to a
certain death. Mr. Moyer could not extri
cate the unfortunate boy's foot, but wa
able to prevent his leg from going Into the
beater. The man hung onto the boy and
endeavored to throw the belt from that
section of the machinery, but could not.
He wa calling for help every second and
oon the predicament was een by others
and th machine stopped.
During the time it continued to run
Eugene' foot Was being beaten with th
rapidly revolving machinery. Ha wa takon
to th house and Dra. Stewart and Flt
Immons summoned. It wa necessary to
remove the great. v part of th foot, leaving
atump with the heel. Ono bon of the
leg waa broken Just abov the ankle. He
wa very low last evening, suffering from
th amputation and shock, but 1 said to
b getting along nicely at this time.
Girl Injared In Rnnnway.
TECUMSEH, Neb., July 2s.-(8pecial.)
An exciting runaway occurred on th busi
ness street of Tecumseh yesterdav after
noon. Mr. Charles Mlcklam and her 11-year-old
daughter, Ruha, had driven their
horse up In front of a atore and Mra.
Micklam was endeavoring to readjust the
bridle while th little girl wa Bitting In
the buggy. Th bit fell out of the horse
mouth and nt the same time a little dog
frightened the animal. He started to run,
knocking Mrs. Micklam down, and one
wheel of the buggy passed over her head.
Running to Third street the horse turned
south and that portion of the buggy from
the seat up was thrown to the ground, car
rying Ruha with it. Th horse then ran
urray ocoupied by Mr. S. B. Stewart
and children, but fortunately did them no
damage. Running to the chain fence along
th court yard the beast jumped over It
and left the running gear of the buggy
there. He then ran two mile In the coun
try, where he wa stopped by a farmer.
Mrs. Micklam uffered no greater Injury
than a sever shock, but th little girl's
right arm was broken and she waa con
siderably scratched and bruised.
Runaway la Fntnl.
BEATRICE, Neb.. July 28.-( Special Tel
egram.) William Elerbeck, an Implement
dealer of this city, was probably fatally
hurt today In a runaway caused by his
horse becoming frightened at an automo
bile. He was thrown from th vehicle and
sustained injuries which paralysed hla
body from the hip down. HI condition
I critical. Tuck Rain of Beatrice, a
traveling Implement salesman, who wa
riding with Mr. Elerbeck, waa severely
bruised about the body. A similar acci
dent caused by an automobile resulted in
th death ef Charle Treadwell, an Imple
ment dealer of Beatrice, near Plckrell re
cently. Dolllvor at Grand Island.
GRAND ISLAND, Neb.. July 28.-(Bp-ctal
Telegram.) Senator Dolllver was the
chief attraction of tha Chautauqua assem
bly today and held an audience of over
1.004 for two hour thl afternoon discuss
ing "Public Virtu In Politic." Th sen
ator found a great advancement of public
moral In the last two decade and proved
hi position from public document, but
wa not on to b heedless of dang.r and
pointed to tn. great principles of the
Naxaren In th. final analysis as the safest
protection to the country' Institutions.
A sred Woman Bresks Lesj.
UTTCA, Neb., July .-Speclal Tele
grom.) The accidents for Utlca still con
tinue. This time th victim Is Mrs. Anton
Rau. She waa going Into th country with
some friend and whll stepping Into the
carriage the horse started up and she
Jumped out, breaking her left leg In two
place, one at th hip and again, between
the knee and ankle. Both fracture are
aeiiou one., a. Mr.. Rau I. quite old.
Dr. H. R. Hoochen wa Immediately called
and made her a comfortable as possible
under the circumstance.
tor at Blno Hill.
BLUE HILL, Nb., July Bl.-Bpclal Tel
egram.) Fir broke out about S o'clock
Sunday morning In the general merchandise
store of T. A. McDonald. The stock Is a
total loss, but Is covered by Insurance.
The building was owned by Jacob Oooll.
Considerable damage wa don to other
building by water.
H A Y WOOD
Jury Says He Was Not Guilty of Con
spiracy to Kill Steunenberg.
COUET SETS HIM AT LIBERTY
Ooe First to the Bedside of His Ajed
Mother in Hospital.
NOW AT HOME WITH HIS FAMILY
Verdict Causes Him for First Time t
Break His Stoical Attitude.
OPINIONS OF COUNSEL AND JUEY
Governor Gooding Announces that
Contrary tn Kxpertatlon Moyer,
Pettlbone nnd Adam. Will
BOISE, Idaho. July ai.-Into the bright
sunlight of a beautiful Sahtxith morning,
into the stillnese of a city drowsy with th
la y slumbers of a sunimor Sunday, William
D. Haywood, defendant In ono of th. most
noted trials Involving conspiracy and mur
der that the country has ever known,
walked today a free man, acquitted of th
murder of former Oovernor Frank Steunen-
The probability of a verdict of acquittal
In the case of the secretary-treasurer and
acknowledged leader of the Western Fed
eration of Mlnera had been freely predicted
lnce yesterday, when Judge Fremont Wood
read hi charge, which was regarded aa
strongly favoring the defense In Its In
terpretation of the laws of conspiracy,
circumstantial evidence and the corrobora
tion of an accomplice who confesses.
It waa also freely predicted that In th
event of Haywood's acquittal the atata
would abandon the prosecution of his as
sociates, Charles H. Moyer, the president
of the federation, and Oeorg A. Pettlbon
of Denver. Statements from counsel and
from Governor Gooding Issued today dispel
this view of the sltuution. Governor Good
"The verdict ls a great surprise to me,
and I believe to all citizens of Idaho who
have heard or read the evidence In tha
"I have done my duty. I have no regret
aa to any notion I have taken, and my
conscience is clear. As long a God gives)
me strength I shall continue my efforta
for government by law and for organised
"The stat will continue a vigorous prose
cutlon of Moyer and Pettlbone and Adam
and of Slmpkins, when the latter ls ap
prehended. There will be neither- hesita
tion nor retreat."
Will Apply for Ball.
Application will be made to Judge Wood
tomorrow morning to admit Moyer and
Pettlbone to ball, and It was said tonight
that In the case of Moyer, agslnst 'whom
tha atate la admitted to have It weakest
case, a favorable consideration would not
Not the least Interesting of the com
ment made upon the verdict today wa
that of Harry Orchard, the self-confessed
murderer of Governor Steunenherg and tho
witness upon whom the state chiefly relied
to prove Its claim of a conspiracy on th
part of the Western Federation of Miners.
When told at the state penitentiary that
Haywood had been acquitted. Orchard
"Well, I have done my duty. I hav
told the truth. I could do no more. I
am ready to take any punishment that
may be meted out to me for my crime, and
the aooner It comes the better."
It was after being out for twenty-one
hours that the Jury, which at first had
been divided, S to 4, and thnn seemed
deadlocked at 10 to 2, Anally came to an
agreement shortly after the first faint
stresks of the cotnng day showed gray
above the giant hills which wall Boise to
the north and east. Th weary, snow
bearded old bailiff who had kept an all
night vigil before the door of the Jury room,
wa startled Into action by an Imperative
knock from within. Events moved rapidly
enough after this, and when at last th
principal actors In the trial had been gath
ered Into the court room at a few mo-'
naenta before 8 o'clock the white envelop
handed by the foreman to the Judge waa
torn open and the verdict read.
Tear In Haywood'. Kyes.
Te.rs welled to the eyes of the man who
during the eighty days of his trial had
aal with Mtolld Indifference written upon
hla every feature at last th icy armor
he had thrown about himself with the first
day of Jury selection had been pierced and
whatever the pent-up feeling had been,
contained within was loosed. Haywood
attorney were fairly lifted from their
eats, and Judge Woods made no effort to
restrain them as they surrounded him to
shak his hands and shout aloud their con
gratulations. James H. Hawley, leading
counsel for the state, and O. N. Van Duyn,
the prosecuting attorney of the county Irl
which former Governor Bteunenberg wa
assassinated, sat gloomy and unspnaklng
In their places. Sunutor Borah, who mad
th closing plea for conviction, waa not
present. Of the prisoner counsel those
In the court room were Clarence Darrow
of Chicago. E. F. Richardson of Denver
and John F. Nugent of Boise. The ab
aenteea from the defendant s table Included
Edgar Wilson, the former law partner of
JudKe Wood, who presided at the trial.
No member of the prisoner's family, or
any of 1.1. friends among the socialist
writers and the so-called labor Jury, who
have been attending the trial, was In the
court room at the early hour the verdict
was rendered. The spectators' benohe
were empty, but tn the doorway stood Oov
ernor Frank Gooding, who ha. taken an
active part In pressing the proaecutlon f
Haywood and his associates. There wa
no demonstration other than that made by
the attorneys for the defense, and the
court proceeding, were over, the prisoner
had been discharged and the Jury dis
missed for the term In less than three min.
Verdict a HarprUe.
The news of the verdict was received re
luctantly In Uoiae. Kxtra editions of th
paper carried the tidings far and wide
and during the day there was considerable
discussion In clubs, cafes. hot., iobble,
and upon the street corners. The surJ
prise which had barn so manifest In th
court room wa prevalent eer where Th
long time th Jury wa out hail conveyed
the general lmprealon that there could
b no other outcoia than a Clsagruiot.
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