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VOL. XXXVII NO. 157.
OMAIIA, WEDNESDAY MORNING, DECEMBER 18, 1907 TWELVE IMAGES.
SINGLE COPY TWO CENTS.
BOYCOTT IS ILLEGAL
Federation of Labor.
COUHT
SAYS LAW IS
Long Line of Precedent Quo4
it a Conspiracy
DECISION IS FAR EL.
Order Directed Against Organize
and Its Officer!.
V
FINAL HEARING COMES SOON
nan to Be Heard on It Merit When
It Will Bo Appealed to Supreme
Court of the United
States.
WASHINGTON. Dec. 17. In the case of
the Buck Stove and Range company of St.
Louis against the American Federation of
Labor, Involving the right of labor to
boycott business houses which labor organ
Isattona regarded a unfair to them, Jus
tice Gould of tha fMstrlrt of Columbia
equity court today granted a temporary
Injunction asked for by President Van
Clore rf the atove company to prohibit
tha federation from continuing to boycott
the company pending a final settlement of
the cane,
A bill In equity wai filed by the company
last August for a permanent Injunction re
straining the Federation from boycotting
the company and putting it on the unfair
Hat In the Federation's official organ and
later a supplemental bill was filed, charg
ing that notwithstanding the pending pro
ceedings the Federation was etlll actively
engaged In pressing the boycott and a
temporary Injunction, passed upon today,
was asked for.
The case will now proceed to a final
hi-srlng, which is not expected before early
next spring. The court In entering its
voluminous finding explained that there
nere several points which he bad not taken
up In the present decision. Including the
present question whether the boycott is
within tho inhibition of the Interstate com
merce law. Owing to the preliminary na
ture of today's proceedings there was no
notice of appeal by the counsel for the
Federation,
Judge Taft Quoted.
The court made numerous citations of de
risions lu' cases involving similar Issues,
Including references to rulings by Judge
Taft. the present secretary of war, then
Judge of the superior court, in the action of
the "Toledo Street Railway versus Penn
Comitny." and proceedings brought In var
leus states. '
I Judge - Oould declared that It was not
surprising that there was so little difference
of opinion anion f the courts upon the
question Involved and that it he conclusion
that such combinations as that disclosed
by tha affidavits filed by the Ruck Stove
company in this case were held to be un
lawful was based upon an application of
tlie : fundamental, .rights of fres itiea .ln.ji
free country. He said there was little
room for argument or discussion of the
question whether the plaintiff company had
shown the existence of an unlawful combl
nation and conspiracy to destroy Ita busl
ness and the record leaves no doubt that
the plaintiff has been and still is the or
ganization of a boycott, during that term.
"In the most ohnoxlous sense. It Is an un
lawful conspiracy to destroy its business,
such a conspiracy as has received the con
demnation of every federal and state
court In the country before which it has
been brought for criminal action, legal re
dress or equitable Injunction."
Decision Fur-Rearhlair.
The American Federation of Labor Is not
only named as defendant In this case, but
also President Gompera and Secretary Mor
rison, Individually, as well as nine others
of the executive council of the federation,
and also tbe Electrotypers,' Molders
and Finishers' union No. 17, together with
certain Individuals composing Its officers
and executive board.
The Buck Stove 'and Range company,
which runa an open shop, alleged that the
labor organisation placed Its name on the
"unfair" and "we don't patronize" , Hats
In the labor publications and that the boy
cott alho was carried on through thou
sands of circular letters to the company's
customers and the public generally and by
threatening the conipany'a customers with
loss of labor, patronuge and business.
Mr. Gompcrs contended that the unfair
list had been in use almost from the fed
eration's organisation; that It Imputed
simply inequitable or discriminative treat
ment against organized labor. President
Van Cleave of the atove company. It was
charged, discharged aa an employe, the
president of a St. lunula local union, and
threatened to discharge all other mem
bers of the union committee of employes
that sought ta deal with him. t
The court held that the contention of
the defense, that there cannot be unlawful
combination where each member thereof
might do Individually the thing contem
plated without responsibility to the law,
has much of plausibility and "aeems to
evade accurate analysis."
, Wromfol t'ae of Combination.
Justice Uould cited authorities, however,
to show that a combination of two or more
persona wtlh such an intent and under
i ircunistajices that gtve them, when so
combined, a power- to do an Injury they
would not possess its Individuals acting
Jointly, has always been recognls 'd in It
self wrongful and Illegal. As to the con
tention that to restrain tha publication of
a aanie on the unfair list would infringe
thrt otmstltutktual rights of the defendants
and be ait assault upon the freedom of
t press, and that plaintiffs redress. If at
all. was by action for libel, and that equity
would rut enjoin the publication of the
IllXfl, Justice Uould mild:
"All this would have merit, if the act of
Uih defendants In making such publication
stood alone, unconnected with other con
duct both preceding and following it. lint
It Is not ait Isolated fact; It Is an a'-t o.J
conspiracy to destroy plalnt'fTs business
etc., Tim JicUion quotes from the record
in eontravt ntton of tbe federation's claim
Hint It Is a federation of organisations and
bus no Individual inemhemhtp.
' Urlartn ef (' pi racy.
The conspiracy originated, the court
said, in the action by the Metal Polls). e-.s'
local union No. IS In St. Loula In the fall of
18u0, a body federatrd with tbe American
Federation of Labor through the lnterna
tlon Polishers' union. When this body
acted It did not use this term, "boycott,"
but tha more euimoiilatlo terms of "unfair"
ui.d "we don't patronise." Rut the court
holds that whatever the ttnu uard, the
boycott was the effect Intended and
tCouUnud on Sooond Pagt
SUMMARY OF THE BEE
Wednesday, Drrrmbfr 1, lftOT.
gaiDSt 1907 DECEMBER 1907
lua aton rat wis r" T
plain I 2 3 4 5 Of 7
8 9 10 II 12 13 14
15 10 17 18 19 20 21
. 22 23 24 25 20 27 28
A 19 30 31 $ X
, THE WEATHER.
eenst till 7 p. m. Wednesday
' OMAHA, COUNCIL BLUFFS AND
PY Wednesday, fair and continued
5BRASKA Wednesday, generally
. IOWA Wednesday, generally fair,
rnperature at Omaha yesterday:
tWnMZ r.urm
t)eg.
.... 27
.... '26
.... 2
.... 25
.... 2!
.... 2D
6 a. m
7 a. m
8 a. m
t a. m
10 a. m
11 a. m
12 m
1 p. m
I p. m
5 p. in
4 p. m
6 p. m
8 p. m
7 p. m
ft p. m . . . . .
9 p. m
2 i
M i
DOMESTIC.
Congressman Pollard promised coveted
place on committee on agriculture.
Burkett denies renponslblllty for organ
ization of Hughes club at Lincoln and
mention of his name for vice president.
Gamble and Kittredge fight grows warm.
Fags 1
Justice Clould at Washington restrains
the American Federation of Labor and
members of the executive cominlttco from
UBe of the boycott. Page 1
President Roosevelt Is greatly pleased
at the fleet that started on the Pacific
voyage yesterday. Page I
The new double eagles being coined at
Washington are satisfactory to bankers
and iu-twta. Page a
Secretary Taft will arrive In New Yoik
Friday. - Page 1
Independence of a negro minstrel In the
south costs him hla life. Page 1
One squaro mile of territory in Chiongo
has been added to the dry territory by act
of the city council. Page 1
Kmelter City bank of Durango has
closed. Page 1
rOSEIOH.
Persia makes appeal to the world for
aid in securing a constitution from the
shah. Page 1
Japanese statesmen refuse to give a
written memorandum of promise In the
Immigration matter. Page 1
Chinese have been placed on an Ameri
can basis by the Catholics of the Philip
pine Islands. Page 1
Chinese are seriously considering estab
lishing a boycott against Great Britain.
Pag 1
Admiral Rojestvensky thinks the trip of
the American fleet may easily be accom
plished. Page 1
HEBBASKA.
State officials object to ruling whl?h
prevents them drawing salaries In ed-1
vscca, -Railway commission Inspects de-"j
pot at Plauaantdale arralnat which com
plaint has been made. ' Pag 3
A large reward will be offered by 'he
citizens near Rosalie for the unraveling
of the mystery of the disappearance of
LHUe Olson. Page 3
LOCAL.
Harrlman lines show a gain In gross
receipts for October, but the net receipts
for the month ihow a loss. Union Pacific
gained 1816, Out) gross, and decreased
$335,000 net. Expense for maintenance of
way given as reason for the decreases.
pe b
Omaha bankers differ as to the advlsl
bllity of establishing a central bank, but
those who heartily favor such an institu
tion have no hopes of realising the Rldgley
for years to come, the feeling agalint
"centralisation" being too strong. Page 7
Boys arrested In Fllmore county tor
circulating old "Merchants' and Plant rs
State bank of Georgia" bills, are believed
to be the tools of a well organized gang,
which has a supply of the money to pass
on the. unsuspecting. Page 8
Greater' funds will be needed to ruu the
city departments next year, as the wages
of firemen advance and extra policemen
will be put on duty. Substations of the
Police department, if established, will also
add to the cost of city government.
Page T
Huobands are now assisting their wives
do Chrlatmaa shopping aa the stores keep
open evenings for the next week, tnj
cruising among the bargain counters and
watching the shows In the windows will
be the favorite pstime of Omahana.
Fajs 6
OOMaCXKCIAXt ATD OUST RIAL
Live stock markets. Page 9
Grain markets. Page
Stocks and bonds. Page 9
MOVEMENTS OP OCIAJT STEAMSHIPS.
Port. Arrived. Silled.
NKW YORK Buljri
PCYMot'TH ...,K. r. Cecilia Pretoria.
Qt'KKNHTO'N . I'lrmmll
IIPEMKN
Urartier Kurrurat Barbaroasa.
OKNOA
Ko.nlg AlMrt
I HKHHOI RO ...llueclicr
. Nw York
K. P. Wilhelm.
rHKHIIOl'KO ...
TRIKSTB rpthU
ROTTKIIDAM ..BUtesdam
.SaratoT.
SMELTER CITY BANK CLOSES
State Instltutlo mt Durango, Colo.,
Knapends Berooae of Land
Fraud Cases.
DURANGO. Colo.. Dec. 17.-The Bmelter
City bank of Durango, a state Institution,
capital $10,000, failed to open this morning.
No statement of IU assets or llaliilttls has
been given out, but the deposits Are be
lieved not to exceed JIOO.OX
Charles McConnell, president of the bank,
said thut all liabilities would be paid In
full. Lack of confidence, due, It is eald, to
the Indictments of prominent cttlxena on
charges of la'i.l frauds under the federal
laws, led to the suMpe-ntton of the Smelter
City, as well as the Colorado bank, which
failed luft week.
CHICAGO 0NEPER CENT DRIER
City toaacll Adds a Sqnare Mile to
tho section Where No I.leaor
Is Bold.
CHICAGO, Dec. 17 Chicago today has
one more square mile of "dry" territory
than It had yesterday. Last night the
square mile, almost 1 per sent ef tbe entire
city, was added to the prohibition area by
the city council.
No oratory marked the addition to the
city's prohibition districts. Without com
ment other than that tha district had been
canvassed and that prohibition Waa the
desire of its residents, the vote was or
dered taken. The result was that by SI
ts to SS nays OiUugo la per cent drier
than ever befuTf
E?
PERSIA APPEALS TO WORLD
Nationals Demand Constitution from
the Shah.
SOVEREIGN HAS BEEN MISLED
Reartlonarlea lnfluenre the . Yoi
Ruler 'to Believe Recent Trouble
Came from the Oppo
sition. TEHERAN, Dec. , 17. On behalf of the
nation the Persian Parliament haa Issued
manifesto to the world, explaining the
present constitutional crisis and appealing
for assistance. The manifesto, which was
distributed to the foreign legations and
consulates here this afternoon, says:
"When the affairs of tho empire had fal
len Into a hopeless state the nation saw its
only salvation In constitutional government.
The late shah granted a constitution and
the reigning shah confirmed It, but persona,
who under the despotlo regime were ac
customed to oppress the people, misled the
young sovereign Into the belief that the
constitution waa the cause of the trouble
at present.
"The nationals do not think that will
disturb the peace, but In Ylew or the
attltnde of the reactionary members, the
government will defend the constitution,
its only hope, to the utmost
"By means of this manifesto the Persian
nation makes known to all legations and
foreign diplomatic representatives the act
ual condition of the affairs, and Informs
them that the soverergn is violating his
covenant with the people. It makes this
announcement to all the. world, convinced
that they will show brotherly love to the
10,000,000 Persians and not allow their rights
to be trodden under foot."
The negotiations between the shah anl
the-Parliament have been up to the present
tlmo without result.
The members -of the cabinet are holding
a council and all shops tire closed and no
newspapers published today.
THIS FLEET HAS EASY TASK
Admiral Rojestvensky Hays Trin
Pacific May Be Accomplish
Easily.
to
ST. PETERSBURG, Dec. 17. Admiral
Rojestvensky, who during the Russo
Japanese war led the ill starred Russian
fleet around Africa to ultimate defeat at
the hands of the Japanese In the Sea of
Japan, Is keenly interested in the cruise of
the American battleship squadron. He
talked today with the correspondent of tha
Associated Press on the matter. He, after
outlining some of the difficulties the Ameri
can vessels would have to overcome, said
he considered the voyage to the Pacific to
be entirely practicable. "It can bo made
safely either in time of peace or in time of
war," said Rojestvensky. "Sheltered her
bors are available for, coaling and there
is no fear of interference on the part of
any ot the South American governments.
The passage of the straits of Magellan,
especially In summer time, presents no dif
ficulty to a skilled commander. This ex
pedition differs from the trip of the Baltic
fleet. In that we wera obliged to coal at
so. We were , not permitted, to linger for
uveu'ona day in tho afrqueiited buy of
Annum without brusque orders from the
French governor and the English admiral
to move on."
According to Admiral Rojestvensky the
chief criterion of tha success of the voyage
will be Rear Admiral Evans' ability to
bring every vessel of the squadron to the
various stopping places on scheduled time.
The straggling due to mechanical defects,
he said, will be hard to overcome.
J(APS WILL N0JBE TRAPPED
Refuse to Give Canadian Minister
Written 1'nderetandtna; on
Kmlgratlou Question.
TOKIO, Dec! 17. Rudolph Lemleux, Ca
nadian postmaster general and minister of
labor, was tendered a farewell banquet
last night, which was attended by 200 lead
ing cltliens and officials. Including Sir
Claud MacDonald, the British ambassador.
Foreign Minister Hayashl was not present.
Minister Lemleux proposed the health of
the emperor of Japan and Baron Tanaka
of the imperial household proposed a toast
to the king of England. No speeches were
made.
Minister Lemleux will receive the assur
ance that Japan will limit emigration to
IiiltlBh Columbia, but will not change the
treaty. A memorandum to be s'ven hint
includes the program for the fin ire, but
Is not Intended as a formal note. He has
been Informed by the Japanese Foreign
office that Canada will get exactly the
same concessions aa already have .been
grunted to the United States. Through
American Ambassador O'Brien be asked
for a written understanding, but this was
positively declined.
MORE SCHOOLS FOR FILIPINOS
Assembly at Manila Votes to Spend
Million Dollars In This
Direction.
MANILA, Dec. 17. The first bill to come
up for liual reading In the assembly, ap
propriating $l,OnO,00O for the construction of
schools In the outlying barrios, or villages,
will secure an unanimous vote. It having
been supported by the committee to which
it had been referred without a dissenting
voice. It la now ready for passage.
The committee and the assembly are pre
paring Instructions for the delegates to
Washington. The principal matters which
congress wllf bo asked to grant Include
tariff reform and the abolition of the head
tax charged visitors from Hong Kong and
Japanese ports. The delegates will leave
for America on December 2L
CHINESE THINK0F BOYCOTT
Mass Meeting nt Canton to Protest
Asratnst Overhailiag Junks
by Hrltlah.
CANTON. China, Dec. 17.-At a Chines
mass meeting held here today the "high
handed Overhauling" of suitpected launches
and Junks on the West river by British
warships was denounced, the ostensible
purpose of ti e petroling being to put a
stop to piracy. The meeting decided to
adopt a resolution to declare a boycott
upon British manufacturers and to Inaugu
rate a strike among the Chinese In the em
ploy of Englishmen If the British flotilla
Is not withdrawn from the river.
Melhn Will Not Ring.
NEW YORK, Dec. 17 Mme Melha, the
prima donna, will not sing In Aint-rlca tlim
winter. It waa expected that she would
return for a aunvat the Manhattan
Opera house and a short concert season,
but she has notified her maiiager thai hrr
father's haalth la such that she cannot
think ef leaving hint and will iherefore
remain in her home naar Melbourne Aus
Ualtat, 4i Wlula
PRESIDENT GREATLY PLEASED
Ofllelai Party Retvrwa to Washington
from Review of Parlfle
. Fleet.
WASHINGTON, D. C, Dec. 17.-Wlth an
enthusiastic wave of his high bat and
hearty good-bye as lie was piped over the
side of the cruiser yacht Mayflower, Presi
dent Roosevelt ended with evidence of great
satisfaction his tr'p of farewell to the
Pacific bound battle fleet shortly after S
o'clock this mornlr.g. The Mayflower came
alongside the Washington navy yard dock
at 8:25 o'clock. The JVhlte House carriage
was In waiting, as 'frere the conveyances
of the secretary of. the navy and other
officials who were tho guests of the presi
dent on the trip. No one left the ship until
the president had taken his scat In his
open carriage with Mrs. Roosevelt. Miss
Roosevelt and Miss Robinson. The p rest
did not wait for the debarkation of the rest
of the official party, but started at once
for the White House, where he arrived at
8.46 o'clock. Just before leaving the dock
of the Mayflower a wireless message was
placed In the hands of the president, pre
sumably a last word from the fleet.
Not a word has come to the Navy de
partment from the Atlantic fleet since It
left the Virginia capes yesterday up to 10
o'clock today. Wireless messages, how
ever, are known to have passed today be
tween Borne one of the vessels and the
wireless station at Norfolk, but they were
not relayed to Washington. According to
the sailing program to be followed, the
fleet has now steamed about 230 knots and.
It Is expected, haa already crossed the gulf
stream.
army Canteen a necessity
Association Recently Formed In New
York to Work for Ita He-Us-tabllshment.
NKW YORK, Dec. 17. The Army Can
teen association hag Just formed In New
York for the purpose of working for the
re-establlshmcnt of the canteen at army
posts. The association will he incorporated
and wilt use Us efforts to induce congress
to repeal tho law forbidding the sale of
beer and light wines at army posts. Henry
P. Frlck, lawyer and leading spirit in the
new aasocla'lon, has this to say about It:
"The abolition of the canteen is conceded
by military men of long experience to have
been one of the most unwise movements
ever put Into effect by congress. It Is re
sponsible In a large measure for the pres
ent depleted condition of the ranks today.
Tliis Is the opinion of General J. Franklin
Bell, chief of staff of the army; General
George B. Loud of New York, president
of the Third Massachusetts Cavalry asso
ciation, and Secretary Taft, and Is em
bodied In all tho reports of the commanding
generals of the various departments of
the United States army. These include
General Greely, commanding the Depart
ment of the Columbia; General Grant, com
manding the Department of the East; Gen
era! Frederick Futiston, commanding the
Department of California, and the judge
advocate of the army.
"Practical students of military life say
without a dissenting voice that the resto
ration of the cantin Is actually necessary
to minimise descrflon amd encourage en
listment." COLORED MEfl ELECTROCUTED
Charles Gibson and SteBhen Dorsey
Suffer for Murder, Oho Claim- .
isg Innoccnae.
TRENTON, N. J.. Dec. 17. Charles Gib
son and Stephen Dorsey, colored, were elec
trocuted at the state prison today for the
murder of Mrs. Edward Horner and Vic
toria Nutoli, the latter a servant girl em
ployed by Mrs. Horner. The murders were
committed in connection with a robbery of
the Horner home near Camden last August.
Gibson was electrocuted first and Dorsey a
few minutes later. The men were accom
panlod by Rev. Jacob E. Dunn, a col
ored minister. The current wao turned on
and in Gibson's case at four minutes before
S o'clock and In Dorsey'a case eight minutes
later. Both men died Instantly. The eleO'
trocutlons were witnessed by Edward Hor
ner, husband of one of the murdered
women. During the night Dorsey wrote
a letter to Principal Keeper Osborn, in
which he declared himself Innocent. He
did not deny, however, being present when
the women were killed. Gibson wrote a
number of letters, one of them to Horner,
In his letter Gibson admitted the crime and
said he fired the barn and then went to tiie
house where he killed Mrs. Horner and
then the servant girl. Glbaon also, said that
1 Dorsey was In the house with him when the
murders were committed.
CORTELYOU CONFINED TO BED
Severe Attack of Grippe Compels Sec
retary of Trcasnry to Pre
serve. Henlth.
WASHINGTON. D. C Dec. 17 Secretary
Cort.lyou Is confined to his bed with
severe attack of the grippe. Under the
advice of his physician he will remain at
home for at least a week. His attack last
night was quite severe and his physician's
orders are imperative. During his absence
from the department, Assistant Secretary
Edwards will be acting secretary of the
treasury.
Secretary of the Navy Metcalf is de
taincd at his home with an attack of la
grippe. When he returned from Norfolk
today, where he went with the president
and party, he was compelled to take to
his bed. The secretary was unahla, ac
cording to reports from Norfolk, to leave
the cabin of the Mayflower to review tho
fleet, having been Indisposed before he
left Washington.
MORE MINERS GOING TO WORK
lirurral Funston and (ioversor Sparks
Prepare to Leave (inldfleld
Today.
GOLDF1ELD, New, Dec. 17 - More (nen
are reported at work In the mines and at
the null of tha Consolidated company than
on any day since the rcopen'ng of the mine
on Thursday labt. The Nevada Gnidflcld
Reduction works started up this fUornlng
with eight ni?n. The strike bieskcrs are
expected to arrive tuday from Arlso'ia.
The Roosevelt commission today Is con
sidering the statement of the Mine Owners
at nidation. General Kunston and Governor
Sparks will leave GoldflrM tomorrow morn
lng.
LAWSON VISITS WHITE HOUSE
Boston Financier Makes an Karly
Morulnar Call I pen Presi
dent Hooaevelt.
WASHINGTON, Dec. 17.-Presldent
Roosevelt's earliest caller today was
Thomas W. Lawsnn of Boston. On leaving
tha White Houae-Mr. Lawson said that he
did not care lu dututaa tbn illicit of bis
NEWLANDS ON WATERWAYS
Address to Senate on Bill for Per
manent Commission.
TO AVOID CONFUSION AND DELAY
Intention la Also to Prevent Discrim
ination Between grctlona Teller
and BcTcrldarc Ask
Questions.
WASHINGTON, Dec. 14. Senator New
lands addressed the serate today on his
bill for the appointment of a permanent In
land waterway commission.
"The most important feature of the bill,"
said Mr. Newlands, "Is the creation of an
Inland waterway fund of $50,000,000 to be
used both for Investigation and construc
tion. The president is authorized to ap
point an Inland Waterways commission to
make examinations and surveys for the de
velopment of all Inland waterways and for
the connections of rivers with each other
or with the great lakes by connecting
canals and tr. bring In co-ordination there
with the services of experts In various de
partments of the government service.
Will Avoid Confusion.
"It will be observed," said Mr. Newland,
"that the Initiative Is put In the hands of
the executive department as an administra
tive matter. It Is clear that the judgment
of a board of experts will be much better
than that of congress and that much delay
and confusion will be saved by authorizing
the prompt Initiation of the work. Other
wise we shall have difference of view, both
In committee and In congress Itself as to
the details of the works, as to the relative
Importance of the projects, and sectional
differences will arise, only to be compro
mised by concessions harmful to the great
enterprise. Congress should exercise the
fullest power of examination and of crltl
clsm; of course it has the power any time
to change the organization or to stop the
work. All those powers should bo exercised
whenever wine and necessary; but the main
purpose of the bill Is to enter upon the
work In a business-like way. Just as a pri
vate corporation would do, and not to im
pair the proper administration by unneces
sary legislation restraint.
No Discrimination Between Sections,
"Equitable apportionment," said Mr.
Newlands, "among the several waterway
systems of the country Is enjoined by the
bill. It Is Intended that work shall be
commenced contemporaneously along this
line so that no section may feel that an
other section Is favored at its expense."
Senator Jfewslands declared that he ex
pects the government to expend at least
800,000,000 annually during the next five
years on the inland waterways and was in
terrupted by Senator Beverldge who said:
"The senator does not mean that, I hope."
Senator Newlands: "Yes that Is my In
dividual view. In the ten years the United
States should spend at least TiOO.OOO.OOO In
the improvement of Inland waterways. I
think the government should enter .Into
these works In every section of the coun
try, on the Padflo coast, Atlantic coast,
gulf coast, along the Mlsulsslppl rlvor and
Its tributaries I wish to say that la the
sentiment of the people of the United
States." . ,
, (location fc? Mr. Teller. -
Senator Teller Interrupted to ask whether
Senator Newlands Intended to maintain the
right of the general government to control
the waters of the Mississippi river.
Mr. Newlands replied that under the in
terstate commerce clause of the constitu
tion the nation has control over these rivers
for the purpose of navigation and the states
themselves can do nothing to these rivers
that Interferes with navigation without thi
consent of the nation.
Mr. Teller rejoined that the supreme court
of the United States has passed upon these
questions thirty times In the last sixty
years and It had maintained that the na
tion's rights over the river relates solely
for navigation and cannot utilize the water
for establishing water power and electrlo
light plants. He hoped that the senator
from Nevada would not Involve this ques
tion with matters that would Jeopardize his
bill, as he was earnestly desirous 6f seeing
legislation on this Important subject.
I.lqnor Resolution by Tillman.
Senator Tillman today Introduced a reso
lution Instructing the senate committee on
finance to report "whether it Is practicable
for tho national government to discontinue
the Issuance of permits to retail liquor
dealers In states, counties or municipalities
where local option prevails, prohibiting tho
sale of liquors."
Senator Allison suggested that the govern
ment merely collected tax on liquor and
does not control Its sale.
Mr. Tillman replied that the government
In collecting the tax permits the sale of
liquor and Issues a permit for that purpose.
The resolution was adopted.
COMMITTEES OF THE SENATE
Burkett Leaves Pensions Committee
Hrovrn t.lven New Chairmanship.
WASHINGTON, D. C Dc. 17. The rt..
publican senators held a caucus today and
accepted the report from the commitloe ou
the assignment of senators to committees.
Many changes were made In assignment
to chairmanships and now senators se
cured the following chairmanships:
Bourne of Oregon, fisheries; Dixon ot
Montui.a, civil strvice examination; Borah
of Idaho, weights and measures.
Several new committees have been ere.
ated fur the purpose of giving chairman
ships to new republican senators. Senator
BilgKS is at the head of one, called ex
penditures in the Treasury department;
Senator Brown of Nebraska has expendi
tures in the Department of Justice, and
Senator Guggenheim of Colorado, expcniii
t u res In the Navy department.
Senator Carter of Montana goes on the
committee on foreign relations; Senator
Fulton of Oregon on Judiciary; Senator
Warner and Burkett go on the committee
on public bujldlngs and grounds. The com.
mlttee on pensions loses Senator Burkett
of Nebraska and adds Senator Curtis of
Kansas. Senators Burkett and LaKollede
leave the committee on claims, and Sen
atois Borah and Guggenheim take ineni
henililps. The vacancy on District of Col
umbia goes to Senator Carter of Montana.
Senators Gamble and Guggenheim are new
member on the committee to audit and
control the contingent expenses of the sen
ate, and Senator Warren leaves that com
mittee. The new senators have committee
assignments as follows: -
Borah Claims, education and labor, ex
penditures In Navy department. Irrigation,
revision of laws of the Untied Sta'es.
Bourne Coast defenses, expenditures in
Department of Justice, poatotttces and
roailu, public health and naliuiml quaran
tine, railroads.
Brlgua Canadian relations, flaheries. im
migration, library, transportation routes to
the seaboard.
Brown Civil service and retrenchment,
corporations of Diatrict of Columbia, Indian
affairs, Mississippi river and its tribu
taries, revolutionary claims.
r n on Kxpenditures In Interior derart.
ment, Indian depredations. standards.
(Continued on Beoond'
MAGOON IS NOT IN THE RACE
Whednn Denies that He Ever SusT
Bested Ills 'ame In that
Connection.
LINCOLN. Neb.. Dec. 17. Charles R.
Magoon, governor of Culm, does not aspire
to the republican nomination for presi
dency. On the contrary. oGvernor Msgoon
considers any mention of his name In thnt
connection as an absurdity and as placing
him In a fals and ridiculous position. This
in effect Is what he today wired to his
former law partner In Lincoln, Charles O.
Whedon. In hla telegram he quotes a press
dispatch In which Mr. Whedon Is repre
sented as pushing his name for the nomina
tion. Mr. Mngoon's telegram Is as follows:
Havana. Dee. 17, Whedon. IJncoln, Neb.
Associated Press dlwpatch from Lincoln re
ceived here nays: "C. O. Whedon, law part
ner of Mngoon. governor of Cuba, actively
pushing Maitoon for presidency. Haa writ
ten members republican state central com
mittee asking them." I know this must be
untrue and hope you will take steps to
establish Its falsity. The absurdity of the
statement would refute It In the m'nd of
anyone who knows you, but Associated
Iress teaches many who do not know you
and the publication of such dispatches
makes mo appear ridiculous. MAGOON.
Mr. Wbedon was asked this evening If
he had made any effort In Governor Ma
goon's behalf and his reply was an em
phatic negative. He snld: "The statement
Is absolutely and unqualifiedly false. You
cannot make the denial too plain or em
phatic." Mr. Whedon wired a disclaimer to Mr.
Magoon and tonight asked thnt he be
quoted as saying that he never thought of
the governor In connection with the nomi
nation. The activity of Mr. Whedon, who
Is prominent as a Nebraska republican,
has been to commit the party In this state
to the direct primary plan In an effort to
learn the choice lor president of the repub
lican voters of the state. Mr. Wliedon be
lieves every voter should be given the
right to express his preference and he has
written to every member of the state cen
tral committee aiklrfg that his recommenda
tion to tested.
FORTUNE GONE, A BANKRUPT
Charles Van Studdtford Asks Relief
From Debt, While Wife Is
on Stage.
ST. LOUIS, Dec. 17. -Charles Van Stud
dlford, hunband of Grace Van Ptuddlford,
the actress, and a member of one of the
best known families In the city, filed a
petition yesterday In the United States
district court inking to be adjudged a
bankrupt. Tho petition states that most
of the liabilities are Judgments obtained
against the petitioner and the M. A. Wolff
Realty company, of which he was for a
time an olllcer and active member. Mr.
Van Studdlford said that the action was
taken to clear up the Judgments agnlnst
himself and the real estate company. His
liabilities are $12,353, while his assets are
only I1GS.
As a young man Van Studdlford waa con
sidered one of the wealthiest real estate i
owners In St. Louis. Ho wooed Gracia
Vive, a comio opera singer, and they were
married.- Mrs. Van Studdlford left the
stage and they were prominent in St. Louis
society for several years.
-Through connection with an unsuccessful
realty company Van Studdlford lost his
fortune' and his wife returned to tha tajr
and in two years had won a second compe
tence for herself and husband. She left
the stage again and they built a country
home, which Mrs. Van Studdlford named
"Atlasta Place." They were finally forced
to sell this home and Mrs. Van Studdlford
went back on the staga, whero she Is now,
and her husband has gone Into bankruptcy.
CHINESE ON AMERICAN BASIS
Catholic Bishops tn Philippines Win
Important Victory by
This Action.
MANILA, Dec. 17. Tim first provincial
council of the Catholic church tn the his
tory of the Philippines Is now In session
In this city. The blBnops and clergy are
considering matters Important to the Chi
nese, of which the most important event
Is the placing of the Chinese upon an Amer
ican basis throughout.
The Spanish and other clergy conform. It
is understood, with this action, which Is
the result of direct Instructions given by
Pope Plus to his delegate here.
. A magnificent torchlight procession of
36,0(0 men, women and children took place
In honor of the event, which Is considered
a complete victory for the American bishops.
who control the Chinese affairs here. The
opposition to the measure is principally
from foreign priests In outlying districts.
SOUTH DAKOTA, CORN SHOW
Splendid Exhibit Made of Products of
Soil of the"- Northern
Stat.
MITCHEIJ 8. D.. Dec. 17.-(Speclal
Telegram.) The second annual corn show
of tho South Dakota Corn Orowers' and
Breeders' association opened this afternoon
In the city hall with a very large attendance
of farmers and others Interested In corn
development. There are SjO entries In corn
corn exhibit and a dozen counties have
made exhibits In the contest for prizes.
Notwithstanding the seemingly bad year,
the coin Uibplayed Is of an excellent stand
ard. 1
Tho address of welcome was delivered by
Major Brunson and he was followed by
Hon. J. W. Parinely of Ipswich The after
noun was taken up with a corn school con
ducted by Prof. M. L. Bowman of the Iowa
Agricultural rallrge.
INDEPENDENCE COSTS LIFE
Negro Minstrel's Acts Resented by
l.oulslnna White Lynching
Results ttulekly.
SHREVEPORT, La., Dec. 17. A negro
member of a traveling minstrel troupe,
who gave his name as Homer Rogers, was
hangeit by a mob In Morehouse Parish lal
night and bis body riddled with bullets.
As far as can be ascertained the lynching
resulted when Rogers resented a remark
made by a white man declaring that he
was a "Yankee nigger and did not talk
any Impudence "
Tlila is the third lynching In Morehouse
Pnrlsh In ten (lays.
TAFT WILL ARRIVE FRIDAY
Mriarr Prral'ieut liraat, nlth Secre
tary on Hoard, Reports by
Wireless.
CAPK RACE, N. K., Iec. 17.-The
steamer President Grant, from Hamburg
for New York, having Secretary Taft on
board, was in communication with the Mar
coni station today. The Grant will reach
New York Friday.
Fast service During Winter.
PITTSBURG. Iec lT.-Transportatloii
officials of all divisions of the Pennsylvania,
lines west are meeting here toduy. Impor
tant qut-Htlona pertaining to the operation
uf both freight sud passenger train are
being ril&cuaiK'd, and arraimcmmits will t
made to n:atntain the fait scrvlcm through
out lit winter season.
POLLARD GETS PLACE
Slated for Coveted Position on th
Committee on Agriculture.
BROWN SLIPS AT LAST MINUTE
Oreg-on Senator Seourei Committee
and Boom Nebraskan Expected.
BURKETT IMPROVES POSITION
Senator Gamble Prepares to Have a
Showdown with Kittredge.
LIVELY TIMES ARE EXPECTED
Senator Burkett Denies Any Respond
alblllty for Organising: Hughes
Club nnd Ills Candidacy
for Vlco President.
(From Staff Correspondent.)
WASHINGTON. Dec. 17. (Special Tele,
gram.) Unless there should be a sudden
and complete change In Speaker Caiirton'l
program of committee assignments, Con.
grcKsman Pollard of the Ftrnt district will
secure tho much sought after pluce on tha
committee of agriculture. This assignment.
The Bee correspondent understands, hat
been decided upon, and If the committees
were to be announced tomorrow Mr. Pol
lard's name would appear aa a member of
the agriculture committee.
Thore Is, however, nothing so uncertain
as politics, especially in the make-up ot
committee assignments, as Senator Brown
can well testify, for he had been assured
yesterday that he would have the chairman
ship of the committee on fisheries, which
would permit him to retain his present
room In the capital terrace. During th ,
evening, however, and before the list ot
committees on the part of the majority wag
submitted to the senate, a fine pleoe ot
legerdemain was perpetrated and Senatof
Bourne of Oregon became chairman ot tin
fisheries committee through the clever worH
of his collengue, Senator Fulton, who hsp
pened to be a member of the commiitee
committees. Senator Brown confldenMy ex
peeted to secure the chairmanship of flrher
les, but when he heard tho name of Senatol
Bourne read In conjunction with the chair
manshlp of tha comnilttee he was com
pletely surprised, and especially so whef
he heard hla name read aa rhalrmun of tht
committee of expenditures in the Deport,
inent of Justice, which has a room set apart
In what Is known as the old Malthy build,
lng and commonly known as senate annex.
It may be that Senator Bourne will prefal
to stay in the annex, where he Is located
at present. In which event Senator Brown
would retain hla present location. Put thf
chances are all In favor of Bourne taking
the room In capital terrace and Brown go.
lng to the annex until the completion of tht -new
senate office building, which will glvt
the junior senator from Nebraska a ring
suite of apartments.
.Nebraska Senators placed.
Senator Brown's commit tee' nnfiirmmenti
In addition to Ma chairmanship are ns fol.
lows: Civil service nnd retrenchment;
corporations organised In District of Co
lumbia; Indian affairs; Mississippi river
and ita tributaries and revolutionary claims
Two of thoso committees aro of very groat
Importance, Indian affairs and civil serv
ice and retrenchment. The other commit
tees have little or no standing except to
afford chairmanships to republican sena
tors. Senator Burkett greatly Increased hl
committee assignments by being assigned
to a pluce on the committee on public
buildings and grounds and which may ac
count for the large number of public build
ing bills which the senator has introduced
for places In Mb state. In order to securo
a place on this extremely Important com
mittee, of which Senator Scott of West
Virginia Is cha'rumn, Senator Burkett
yielded his places on pensions and on
claims, both of which are among the hard
est working committees in congress, and
the senator felt he could not give time to
these committees In view of his position
on the District of Columbia and geological
survey committees. Senator Burkett re
tains hla old chairmanship, that of Pa
cific railroads.
As has been discounted, Senator Kit
tredge becomes chairman of luttroccanla
canals, the place made vacant by the re
tirement of Senator Millard1. His othor
committee assignments remain the same, a
do those of his colleague. Senator n.irubh'.
. Senator Allison again heiiJd the impor
tant committee on appropriations, while
Senator Dolllver retains education and
labor.
Gamble Ready for I'raf,
Senator Gamble today threw down thn
gauntlet to Senator Klttrldge, hH colleague,
by requesting the president this morning ta
send to the senate the name of Edward
E. Wagner of Alexandria, fl. D., to bo
United States attorney for the district of
South Dakota. When the late lottery wag
had nt the White House ov.r South Da
kota appointments the district attorney
ship, which had been filled by tho presi
dent during the lecens of congress, the ap
pointee being a fiiend of Senator Gamble,
It was stated before the drawing began
that the district attorneyship belonged to
Senator Gamble. This Senator Kittredge
vehemently protested against, but the pres
ident, It Is understood, was Just as pro
nounced In his understanding of the situa
tion and made no bones about the Gambia
appointment. The drawing took pl"e, ag
the country knows, and eventually the se
lections of the warring senators were sent
to the senate for confirmation, but Mr.
Wagner's nanio did not accompany the list.
Senator Gamble believed Senator Klttredgia
would "knife" Mr. Wagner, If he could,
anil at the request of the senior senator
nls name was within Id for the time being,
hoi :'.:.g. poKsilily. against hope, that a com
promise might in) effected. But Kltredgo
knows no comproinlvcs and realizing tha
.fight would lave to be made sooner or
later, Gainbl.5 requested today that tho
name of his friend fur United States dis
trict attorney be sent in, thereby putting
It up to K'.t redgi; to def-.at the confir
mation of Wagner, if he so denirt s, on the
ground of being personally obnoxious to
him. And when that Is done Gamble will
undoubtedly respond In kind by holding up
all Kittredge appointments pes ding before
the public land committee. It is an ex
tremely nasty situutlou and hot times are
expected hereabouts after the holidays,
tunable Paablu Land Openlaaj Bill.
Today Senator Gamble was in consulta
tion with Secretary Garfield and Indian
Commissioner Leupp w Ith reference to hla
bill opening lands In the Stsnd Rock and
Cheyenne river agencies to homestead en
try. In all probability Major McLaughlin
will be writ to negotiate a treaty between
the Indian tribes and the government
