Daily B
vol.' XXXVII XO. 10.
OMAHA, TUESDAY MORNING, FEBRUARY 4, 1908 TEX PACES.
SINGLE CO'
TWO CENTS.
I
I
1KAXC0 DROPS REINS
Portuguese Dictator Turn Govern
ment Oyer to New King.
.COALITION CABINET IS FOB
t-
Miniitry h Headed by Admiral
Amaral, Progressist Dissident
THE YOUNG MONARCH FRESH
He riacet Himself Entirely in Handi
. of Advisers.
TRANQUILLITY IS HOPED .FOR
Wellef that Withdrawal of Fraaro
from Ptirrr Will Mark the
K4 of Political
Taratall.
LISHO.N". Feb. 3. Portugal today ssw the
rstahllshment of new regime. Premier
Franco has resigned office, and within
forly-elght hours of the assassination of
Kins Carlos li Is dictatorship Is at an end.
at leant for the present. Franco resinned
for fear that his continuance in office
would plunge the country Into rebellion.
The premier ha been considered directly
responsible for the political turmoil, which
Resulted )n the assassination of the king,
and his withdrawal from power Is regarded
as holding a promise of political tran
, aullltjr.
A new cabinet has been formed under
tha presidency of Rear Admiral Do Amaral,
i member of the prppreasist-dissldent
party. Some of the new ministers have
been notably opposed to the rule of Franco.
ut on. the whole the present cabinet la
liberal, with monarchist tendencies.
The opening session of the new council
was held today and the young monarch.
King Manuel II. placed himself In the
-iands of hie ministers., He appeared be
fore them and . In a voice shaking with
efnotlon, said:
"I am yet without experience In science
or In politics. I place myself entirely In
lour hands, needing and believing in your
patriotism and, wisdom."
Arrests are being made by the whole
sale In Lisbon and all suspicious persons
still at liberty are ander police survell
ance. .
The general opinion here is that there
will b a modification In the ministerial
program after the funerals of the late king
and the crown prince. These probably will
ake place February 10.
Complete New Cabinet.
The complete cabinet as now formed Is
as follows:
President Admiral Fcrrelra do Amaral,
lueoeedlng Franco,
Minister of War Mathlas Nues. succeed
ing V. Porto. .
: Minister of Justice Jose V. Alpolm. suc
ceeding Dr. Abren.
Minister of Finance Teixera de Souza.
succnedlng A. De Carvalho.
Minister of the Interior Senhor Belrao.
succeeding Franco, who held this port
folio in addition to the presidency of the
council,
Minister of Foreign Af fairs Wenceslau
- r LlnuCanceeedlng 4M Mantelra. -
Minister of Public Works Jose Azavedo,
svceeedhig M. Ttemayo.
; Minister bf Marine Antonio Cabral. suc
ceeding Ay res De Ornellaa.
The ministry Is thus entirely reconstruc
ted. The most notable changes are those
of the president and of minister of justice;
the latter. Senor Alpholm. having been
foremost In opposition to the Franco re
gime. After the list of the new cabinet, officers
was given out, it was announced that these
selections were not final and that changes
were probable.
King Manuel has snnounced his Inten
tion of summoning Parliament and of tak
ing tha oath to preserve the Integrity of
the kingdom before that body.
The chamber which was dissolved by
Premier Franco will reassemble before the
holding of the regular elections.
The new coalition cabinet Is liberal, with
monarchical tendencies.
Intense Excitement Prevails.
The city Is still In the throes of Intense
excitement and the authorities continue to
follow unceasingly the detaila of tha plot
which culminated In the assassination of
the king and his heir.
Tt was established today that Bulra. one
of tha rrglcidsa. Is a widower with a daugh
ter, aged 7. ami a eon only a few months
old. The newspaper, Noticlaa, says one of
the regicides alio was killed 'was a Span
lard, waa takeii Into custody recently In
connection with the discovery of a depot
of bombs," but who waa later released.
One of the men now under arrest Is an
Italian who played In the orchestra of a
theater In Lisbon. This man la in an ex
treme condition of hysteria. His food In
tun prison is served him without knives
or forks for fear that he will kill him
self. -
PARIS. Feb. .-Dlspatchea received here
from .Lisbon up to noon today do not
sneak of any recurrence of violence.
There Is no confirmation here of the re
ported attack on the house of Premier
Franco, and It la thought that this may
refer to the assault on his house Saturday
at the time of- tha assassinations. -
l.KSSOX FOR RCSSIAX ' NATIOW
Newspapers of St. Peterehara: Flat
Mara I a la. Greats) la rsrlaiml.
ST. PETERSBURG, Feb. (.The traglo
occurrences at Lisbon have created a deep
Impression on all sections of society hers
and the newspapers that appeared today
comment freely on the events that oc
curred.
The Russ. in a daring editorial, draws a
thinly veiled parallel on conditlona In Por
tugal and Russia and warns tha govern
ment In almoat ao many words that there
Is danger of similar event here. The
lamentable and awful tragedy In Portugal,
this paper aays, waa due to the fact that
the king did not understand his people and
waa attempting to stem by dlotatortal
methods of repression the Irresistible
striving of the masaes to take part In the
government. TUe tragedy happened at the
yery moment when Premier Franco seem
ingly had succeeded In restoring order by
t setles of unprecedented repressive meaa-
ues.
The Novo Vremya. although attributing
the direct .execution of the plot to an
trchtst. to whom all goveromenta are ob-
e i to us, also connect the crime and the
.llctatorship of Franco, which met with
both open and secret resistance Tom all
political parties. The paper says that
Franco proved himself a child In the face
of a danger which evidently was known to
a large sjumber of the population. Much of
the plana of the Russian terrorists for the
assassination of Alexander II were a mat
ter of almoat common knowledge In BL
Petersburg.
Other newspapers express horror at the
assassinations and voice their sympathy
jCouUnoed on Second PaaaJ
SUMMARY OF THE DEE
Taesday, Frkriarr 4, 10.
r&BRiSxm 1908
sn: ,mos' ttz, Ufa tm" riy sn
- -
SkZ S 4 5 6 Z 8
r o tn tv t& u. ii
Iff
K IS 19 20 21 22
24 25 26 2Z 23 29
i TX WI1TRB.
Von OMAHA. COUNCIL BLUFFS AND
VH'INITY Fair Tuesday; rising tem
perature. FOR NKRRASKA Increasing cloudiness
Tuesday: rising temperature.
FOR IOWA -Tuesday. Increasing cloudi
ness and warmer.
Hour.
6 a. m.
a. m.
Deg.
.... IS
.... II
.... 13
.... 11
.... 11
.... 16
.... 1
s a. m.
V a. m.
10 a. m.
11 a. in.
12 in....
1 p. m.
S p. m.
4 p. m.
4 p. m.
p. m.
?4 i
p. m -'
7 p. in
g p. m 25
p. m -
romsioir.
Premier Franco resigns and an entirely-
new cabinet of progressive members is
appointed though the premier la the power
behind them In Portugal. Page 1
The bandit Ralsull was to bring Cald
Mac Lean back again Mondoy. Pas' 1
DOMESTIC.
Judge Landls refuses to grant a delay
to the Santa Fe railroad In rebate cases.
Page a
Herbert Knox Smith, commissioner of
corporations, reports In favor of a national
administration of interstate companies.
Par 1
Coach In Wabash passenger train Is
crushed and two persons are killed and
many Injured near Detroit. Page 1
Washington weather bureau Instru
ments record an earthquake shock.
Page a
United States supreme court decides
that an Interstate moycott is in restraint
of trade. "
Thaw's family wil confer Tuesday over
the best means to be taken to secure his
fredom.
Stick of lynamlte was found in the
battleship, Ohio, having remained there
from the time that It was mined. Pag 1
Model License league submits a law In
Kentucky said to be satisfactory to all
liquor Interests. Par 1
United States supreme court decides
Nebraska land case In favor of the own
ers. Bursting boiler in Sunbury, Pa., re
sults In death of seven men. Page a
Sulloway pension bll has been passed
by the national house. Pare a
W. J. Bryan In a statement declares
the people must Instruct their delegates
to the national convention at Denver.
r v i
Republican venveotUia on at Saratoga
endorsos Hughes for president. Pag 1
President Lewis of . the United Mine
Workers, take, his new oflce. Pag 1
Representative Townsend defends the
republican party against charges of caus
ing business flurry In considering Indian
appropriation bill. Pag a
Secretary Taft urges the purchase or
ships by the government to carry supplies
to Punania. Par a
Investigation of method of furnishing
government printing supplies Is begun In
Washington.
XOCAIk
Buyers of wool In the west, say the
plan of eastern brokers to hold auction
sales of wool In New Yprk is simply to
secure good commissions, aa the present
method of buying and selling Is not
satisfactory. Page 13
Colonels Brush snd Reade, formerly
connected with the Department of the
Missouri, have been advanced to brigadier
generals their record. Page 3
Olrls' home gift of $50,000, provided for
in the will If the late Count Crelghtou,
has been declared Invalid by Judge Les
lie, because of the Indefinite clause of the
will, but the case may be appealed to
higher courts. Pag 8
Central Whist association announced
program for tournament to be held at
the Rome hotel In Omaha next week, and
which wil be largely attended by teams
of the middle west. rage
POUTXCAi.
Hitch In plan for distributing slate pat
ronage Is over the method of distribution.
Majority favor the NorrU proposal to
divide it equally among the districts on
a salary basis. Pete 1
commxboxaxj ajto ia DUBTia.i..
Live stock markets. T
Grain markets. Page T
Stocks and bends. Page T
HOTSaUUTTSI OP OCXAJT TEAMaUPB.
Port.
NEW YORK
NKW TOKK
Arrt4.
all4.
.Fhllasslpnlt
..Calltoralt.
(San Giovianl.
IMOTSUU.
NEW VOKK .. ..
MVKHPOOL ....Dnla .
HAVRK Lflrel
OI KKNSTOWN ..
ILaessU.
Southampton .New Tork
NAPI.KS (Camels.
BOSTON Oorlsthla
CHALLENGE TO SERVANT GIRL
Frosalaeat Wtsus ef Bats' Wuii to
Try Her Oat at Work.
BOONE, la.. Feb. 1. (Special.) Another
chapter haa been added to the servant
girl controversy In this city. Following
the discussion between Mrs. H. A. Cham
bers, a society woman, and Hiss Olson,
the latter a domeetlc demanding six dol
lars per week, airs. M. J. Foster, resid
ing on Tama street, prominent here and
the mother of Mrs. Ida Foster-Cronk of
the Hull House settlement, Chicago, came
forward with a challenge to Miss Olsen to
a contest, the two to work side by side
In doing housework. Mrs. Foster said
that Miss Olson would soon realise what
work meant Mrs. Poster also stated In
he rchallenge that In dealing with the ser
vant girl problem she could speak with
authority that a majority of the girls now
seeking employment could not even pre
pare potatoes for the stove. They want
motiey to make a flash on the streets and
look better tlian anybody else." waa Mra
Foster' closing statement. An answer to
this challenge la awaited with Interest.
Ball fteesae le Have Call.
IOWA CITY, Feb. t,-8pecial.) Cap
tain Oorge Ball of the local militia com
pany haa anuounced hi candidacy for the
rank of major of the Fifty-fourth regi
ment In the atate militia. Kulp. who
gained fame in the Incident of the Dav
enport prise fight, is also a candidate. It
la believed that six of the twelve com
panies In the regimeut are for Ball, and
a there are two other candidate, this
would seeut to give Ball toe oe'i on the
position.
NATIONAL CORPORATION LAW
Herbert Knox. Smith Favors General
Administrative System.
JUDICIAL PROCEDURE TOO SLOW
Report of Federal Commissioner De
clare Pahllc Oplnlsm Is (talrk
fe Correct Commercial
Kvlls.
WASHINGTON. Fob. S.-rublli; opinion
has been prompt and efficient in the cor
rection of commercial evils when those
evils are stated specifically. Tills Is one
of the conclusion reached by Herbert
Knox Smith, commissioner of corporsMons.
and expressed In the annual report of the
operations of the bureau of corporations,
made public today. Naturally, under
present conditions, the real power of pub
lic opinion reaches only such cases as may
be specifically stated.
"Thus," says Commissioner Pnilth, "ex
perience of th bureau seems to point
lcglcall lo the need for an extension of
hucIi results by the creation of a general
stlminlstrative syMcm of supervision of
Interststn corporations which shall give.
in sulwtantlally the same form as is fur
nished now lor a corporation, nm rsm-n-tlal
facts relating to all tlio great Inter
state corporations. Whether the system
lake the form of a fedvral license plsn
or a simple requirement mat miersiaie
corjwrations shall Make reports and sub
mit their books to a federal bureau Is
of little consequence, so long as the In
formation necessary for publicity Is ob
tained. Jadlclal Process Not Beat.
The thing that Is Important is to ar
rive at a system which will accomplish
the result; which will cnablo the govern
ment to ileal Willi such corporations in the
main by ndiianstrative supervision rather
than by Judicial procedure; whose methods
will be preventive rather than penal; and.
most imiiortant of all, a system which will
afford a permanent practical ground for
contact and co-operation between the
government officials charged with this
work on the one hand and corporate man
agers on the other.
It Is believed that the time Is ripe for
such a system. The bureau has had In
creasingly the voluntary co-operation and
assistance of most of the large corpora
tions Involved in the subject matter of the
bureau's Investigation. This assistance,
given by the leaders of Industry, has been
very encouraging, especially In Its Indica
tion of the attitude of many of the ablest
men of the country and the attitude of
the public at large toward the funda
mental objects for which the bureau was
created.
There Is no need that such federal su
pervision should derogate from the proper
powers of the states. The businesses of
today are transacted under conditions
which, from a commercial standpoint, are
purely national, with np reference to state
lines, but the legal status of these busi
nesses la still limited almost wholly by
state statutes, a discrepancy which has
been the cause of many existing evils.
----'OjMrtleM Ave, Jfatleaal.
"Corporate measure as carried on by
those great companies, whose operations
substantially constitute the whole problem
before tis, are national and have been
deliberately made national; the control over
them, should, to some extent at least, be
also national."
It Is with such information aa the bureau
of corporations Is able, under the law to
collect and publish "that the great cor
rective force of public opinion can be in
telligently and efficiently directed at those
Industrial evils that constitute the most
Imoortsnt of our present problems.
Corporate combination, as such, appears
to be not only an economic necessity, but
also largely an accomplished fact.
"It Is not the existence of Industrial
power, but rather Its misuse, that Is the
real problem. The government should di
rect Its attention toward preventing unfair
methods, and toward keeping open the
opportunities for competition In Industry."
Little Idea of the accomplishments of the
bureau of corporations during the. fiscal
year, ended June 30. last. Is afforded by
the report, for the reason that, under the
law, the resisits achieved may be made
public only by the president or through
his express autlforlty.
Aid Given Prosecutors.
Commissioner Smith points out, however,
that the chief legal work of the bureau
during the year consisted In aiding the law
officer of the government In preparing
and prosecuting indictments against the
oil trust for alleged offonses against the
Elklns law (discriminations In railway
rates). The report says:
"The offense upon which these Indict
ments were brought were not mere tech
nical branches of law, but were, In most
caaes, wilful, long continued and dangerous
violations of the entire spirit and letter
of the legislation forbidding railway dis
criminations." Commissioner Smith say he Is continu
ing the Investigations already begun Into
the Industries of petroleum, tobacco and
ateel. Under resolution adopted by tha
last congress, the bureau also is making
Investigations Into the operation of the
International Harvester company; Into the
cause of a high price of lumber, with a
view to developing any combination that
may exist; Into the causes of fluctuations
and differences in the price of cotton; and
Into patents granted to officers and em
ployes of the United State. An Inquiry
also Is being conducted Into water trans
portation, both coastwise and International.
DYNAMITE IN BATTLESHIP
Officers of Ohio Final Stick of Explo
sive la Coal that Waa Be
ta Loaded.
WASHINGTON, Feb. I. The command
ing officer of the battleship Ohio report
that while taking coal from the charterd
collier Fortune, at Port of Spain, Trinidad,
a stick of dynamite about five lndhea In
length, was found. Th,e Fortuna had a
cargo of new river coal supplied by the
Berwlnd-White Coal Mining company at
Newport News. Va. This 1 '.he aecoud
time that dynamite has been found In coal
furnished United States men-of-war.
Hew Theater Oeen Next Year.
NEW TORK. Feb. S.-Flnal agreement
on plans for the projected new theater was
announced after a meeting of the founder
yesterday and It was said that the theater
would probably be completed In time to
open in the autumn of next year. Henry
C Frick and Archer Huntington were ad
ded to the board of directors, the other
member of which are William K. Vandnr
bUt, president; John Jacob Astor, Edmund
L. Baylies, August Belmont, Robert Vsn
Cortlandt. Paul 1). Cravath. William H.
Osgood Field. George J. Gould, Kllol Greg
ory. Jamea H. Hyde, Otto H. Kahn. W.
DeLancey Kounix. J. Plerpont Morgan,
Clarence H. Mackey. Jamea Btlllman,
Hamilton McK. 'J'wombley, Cornelius Van
derbllt, Henry Walters. Henry Roger
WlntroB, Harry Payu Whitney an4 Uriuo
Wiiaoow . .
THAW RELATIVES TO CONFER
Family to Meet Tuesday to Dee Id e
mm Way to "ere Re
lease.
NKW TORK. Feb. J Relatives snd
counsel of Harry If. Thaw will hold a con
ference tomorrow at the state asylum for
criminal insane at Mstteawan to decide
whether or not to besin proceedings to
ward Thaw's discharge from custody on
the ground that he Is not now Insane.
There are three ways In which the at
tempt may be undertaken. One Is to ask
the superintendent of the Mstteawan
asylum to ascertain Thaw's sanity; an
other Is to ask the state supreme court
to appoint a commission to examine him,
and the other Is to produce him In the
supreme court by a writ of habeas cor
pus and have him examined by a sheriff's
Jury.
These moves may be made either In
Dutchess county, where the asylum is lo
cated, or In New York county. Some of
Thaw's counsel are reported to favor de
laying action for a month, but on the
other hand. Thaw Is said to be pressing'
for instant action. It, wus expected that
both Mrs. William Thjiw. his mother and
Evelyn N"Bblt Thaw.i his wife, would
visit him at Mattcawi today. It was re
ported that Mrs. WW lam Thaw Is pre
paring to tHke a cottage near the asylum
o aa to be near her aon.
Daniel O'Reilly of Thaw's counsel, left
this city for Mattoawan asylum today. It
was reported that Kvelyn Thaw accom
panied him. ,
Martin W. Littleton. Thaw's chief coun
sel at his trial, remained In this city and
Is preparing to go to Florida to rest. He
said that when an effort wus made to se
cure Thaw's release It probably would be
done In 'the vicinity Of Matteawan.
There was no resson, he said, why such
action might not begin at any time, but
ho expressed some doubt of the advisa
bility of taking Immediate action. Thaw's
mental condition, he added, would be the
deciding factor. It la understood that
careful watch of Thaw will be kept by
his relatives and on the first Indication
that lie ia becoming depressed or melan
choly by his association with the Inmates
of tho asylum, prompt steps will be taken
to free htm.
POUGHKEEP81B. N. Y., Feb. 8.-Harry
K, Thaw la bocoining accustomed to the
routine at the asylum. He slept soundly
last night and was up promptly' at S
o'clock this morning. Dr. Imb, the su
perintendent of the hospital, said today
that Thaw thus far has proven a very
good prisoner. He la subjected to the
same regulations as the other ninety
eight prisoner In the ward. Thaw spent
an hour this afternoon exercising In the
courtyard of the hospital with the other
inmates.
ALBANY", N. T.. F eb. , 8.-Dr. Allen "W.
Ferris, president of he state commission
In lunacy, went to Matteawan today to
Inspect the state ho ipttal" for tho crim
inal insane. It was said at the commis
sion's office today that while there he
will examine Harry K. Thaw.
cashier"Fauses big loss
Not Oaly Relatives,' wat Many Other
Will SaaTe from Corwlth
Urwkr. "'',"' s '""
(From a Biaff Correspondent.)
DES MOINES, Feb. .-(Speclal.)-J. I
Haswcll of Albany. N. N.. will lose S50.000
because of the defalcation of Cashier Stand
ring of the Corwlth Savings batik. Has
wcll Is a relative of Standrlng and the
SuO.000 that he will lose represents the
savings of his lifetime. He. will be the
chief loser In the bank failure which It Is
now freely admitted will mount up to
many thousands and will not only result
in the stockholders having to pay their
complete assessment of 100 per cent of
their stock, but will also result In many
of tho depositors losing the greater part
if not all of their deposits.
When It was first discovered that Stand
ring had left the country It was claimed
that his farm and real estate property
which he had deeded to the directors of
the bank would cover everything. In fact.
It waa thought at first that the bank was
In good condition and the directors of the
bank could not at first understand why
Standrlng had gone and left behind him
a deed to his real estate.
Now the worst I admitted, but the worst
will never be known. It Is admitted that
Standrlng ha been Juggling the titles to
real estate for the past ten years. As a
result of his fictitious mortgage and fic
titious documents and forged deeds, title
to farms and other real estate In Iowa,
Minnesota and the Dakota I under a
cloud and litigation will shortly begin to
last for many years before all is cleared
up. It Is feared that many persons who
think they have clear titles to their prop
erty will awake to find that the deed Is
forged and not good. Many who have paid
off their mortgages will find that they
hare to pay them gft again or else lose
their properties.
The ramifications of the Standrlng trans
action are so complex that no approxi
mate estimate can be made of his de
falcations and there are hints that he ha
had accomplices and that persons in high
positions will be Implicated. J. L Ha
well of Albany, N. Y., relative of Stand-
ring, and probably the largest loser, was
recently In Corwlth and placed hi af
fair In the hands of an attorney. His
visit means that the litigation will soon
begin for settling up the affairs of the
bank.
EARTHQUAKE SHOCK RECORDED
Weather Birrs at Waahlaa-toa Fig.
area it to Have Tikes Place
I.oaa; Distance Away.
WASHINGTON, Feb. S. The weather bu
reau today Issued the following earth
quake bulletin: 1
"An earthquake of slight Intensity from a
distant origin was recorded on the seismo
graphs at the weather bureau on the after
noon of February 1. beginning at S hours
1 minutes 11 seconds p. m., seventy-fifth
merhlan time. The second preliminary
tremors appeared to have begun at 6 hours
23 minutes &1 seconds. The distance of the
origin from Washington Is estimated to be
about 3.8M0 miles and the marked dissim
llarlty between the east and west and the
north and south components of motion sug
gest that the line of propagation at Wash
ington was nearly or about east and west.'
MACLEAN COMES BACK TODAY
Ralsall Will Briaa- British gabjeet
to Taaarler After itrrs
Months.
LONDON. Feb. 3. The government has
received a telegrsin from the British
charge d'affaires at Tangier to the effect
that Ratculi, the bandit chief, has prom
ised to bring In Kaid S.r Harry MacLean
this evening, exactly seven month to a
day from tho Uio he waa jljw prisoner
bgr Raiaull.
BOYCOTT DECLARED ILLEGAL
United States Supreme Court Holds It
Restraint of Trade.
UNANIMOUS FINDING OF JUDGES
Where It Covers Several states In-
terstate (ommrrrf Commission
Penalty Mar Be li
tskrd. WASHINGTON, Feb. 3. That section
seven of the anti-trust act awarding to the
complainant three times the amount of
damage sustained by a commission of an
act In restraint of Interstate Irade can b
Invoked to prevent a boycott by organised
labor was held today In a decision by tho
supreme court of the United States In the
case of toewe tt' Co., hat manu
facturers of Danbury, Mass., versus Martin
Law lor and 300 other members of the
United Hatter's union of that city. , The
decision of the court was announced by
Chief Justice Fuller and reversed the hold
ing of the United Stutes circuit court of
appeals for the second circuit.
Boycott la Reatralat of Trade.
The opinion of the court was unanimous
Chief Justice Fuller sadl:
In our opinion the combination described
In the declaration is a combination "In re
straint of trade or commerce among the
several states" In tile sense in which those
words are used in tho act and the action
can be maintained accordingly, and that
conclusion rests on many Judgment of
this court, to the effect that the act pro-
hltilts any comhination whatever to se
cure action which essentially obstructs the
free now of commerce between the states.
or restricts. In that regard, the liberty of
a trade to engage In business.
The comhination charged falls witnirt
the class of restraints of trade aimed at
compelling third parties and strangers In
voluntarily not to engage In the course of
trade except on conditions that the com
bination imposes, and there Is no doubt
that, to quotf. from the well known work
of Chief Justice Brie on trade unions. In
common law every person has Individually,
and the public 1ms also collectively, a right
to require that the course of trade should
bo kept free from unreasonsble obstruc
tion. But the objection here Is to the
Jurisdiction, because, even conceding that
the declaration states the case good at
common law, it Is contended that It docs
not state one within the statute. Thus It
Is said that the restraint alleged would
operate to entirely deetroy the defendants'
nuHlness and thereoy Include intrastate
trade as well: that physical obstruction Is
not alleged or contemplated; and the de
fendants are not themselves engaged In
Intrastate trade.
Vie find none of the objections are ten
able, and that they are disposed of by
previous decisions of this court.
History of the Caae.
Tho suit Was Instituted by Loewe Sc Co.
In the United States circuit court In Con
necticut. The company, alleging damage
by a boycott against their factory to the
extent of $80,000, asked for a Judgment for
$240,000 In accordance with the terms of
the Sherman act. Not only the members of
the Hatters' unloVi, but the American Fed
eration of Labor, of which the union Is a
subordinate union, are Included 1n the bill.
In the complaint It waa alleged that the
labor organisation ha undertaken to com-,
pel the manufacturer to unionise their
factory, as a large majority of other hat
factories In the United States had been
forced to do, and lwas asserted that when
they failed Jn this effect the union batter
within the factory declared a boycott.. Tills
act was followed by the declaration of a
boycott against Loewe's hats wherever
they were found, and as the firm controlled
an extensive trade throughout the country,
the boycott extended to many states, which.
In the language of the bill, constituted a
combination to limit and restrain Inter
state commerce. The circuit court experi
enced considerable difficulty In dealing with
this point.
Lower Coart Reversed.
Declaring that neither the manufacture
nor distribution of huts is Interstate In
character, the Judge presiding In that
court found It necessay to decide whether
combination which seeks to Interfere
with both the manufacturer and distributer
t the same time Is one which Interferes
1th business. Accordingly the complaint
was dismissed on a demurrer and the dis
missal was affirmed by the court of ap
peals. The decision of the appellate court
was today In turn overruled by the supreme
court.
The portion of the complaint) dealing with
the Federation of Labor alleged that the
organization employs 1,000 persons to carry
Into effect It boycotts. It says that they
act under the Immediate supervision and
personal direction of one Samuel Gompers,
who Is chief agent of the combination.
NEBRASKA LAND CASE ENDED
United State Riprrsie Coart Affirms
Lower Judae la Land
Graat Bait.
WASHINGTON, Feb. 3.-The effect of
the sale of land by one owner when there
are two ownera was Involved In the cases
of the Missouri Valley Ijand company and
the Iowa Railroad Land company against
Asin.ua Wtese and Carston Wrlch, which
was decided today by the supreme court
of the United States against the com
panies. The two corporations are succes
sor of the Sioux City & Pacific Railroad
company, and the land in both cases lies
In Nebraska, It was within the govern
ment grants to both the Union Pacific
and the Sioux City & Pacific railroads,
and. wiille the government patent waa Is
sued to the two companies Jointly, the
sales to Wlese and Wrlch were made only
by the Union Pacific. The suit was
brought by the Iowa and Missouri com
panies to ' recover a half Interest In the
property, but the Nebraska court held
against them, the supreme court of that
state taking the position that "when one
tenant conveys a whole estate In war
ranty and the grantee enters and hold
exclusive possession the holding must be
deemed adverse to the title of the co
tenant. Today's opinion waa by Justice
White and affirmed the Nebraska court.
Justice White held that the same rules
that governed the main line of the road
in the matter of grants controlled It
branches.
CHICAGO PLATE MILLS RIOT
Mem Waltlaa- for Opealaa; Beat Ip
a Policeman and Fight
Resells.
CHICAGO. Feb. 3 A serious riot oc
curred today at the plant of the Illinois
Steel company In South Chicago. A crowd
of 1.00U meii gathered outside the plant to
await the opening of the plate mills, which
have been closed tor several weeks. Police
man Edward Roacl tried Jo prevent the
crowd from blocking the sidewalk, when a
number of the own attacked him and t eat
him until he was unconscious. Officer Wil
liam Stapeck, who went to the assistance
of Roach, waa also badly Injured. Stapeck
managed, however, to 'urn In a riot alarm
and a heavy detail of policemen dispersed
the' crowd, after a severe fight. In which
a number of men were severely clubbed.
Four of the leader in the attack upon
Roach were arreitet
LEWIS IS DECLARED ELECTED
Ohio Man Officially Named President
of tailed Mine Workers
of America.
INDIANAPOLIS. Ind.. Fob. 3,-Thomss
I.. Lewis, of Bridgeport, O., was declared
elected president of the United Mine
Workers' of America at today' dosing
session of the nnnual convention. The re
port of the tellers showed that 127.ftS'
votes were cast for president, of which Mr.
Iwis received M.163Vj and W. B. Wilson,
of Blossburg. Pa., received 6J.4T2. Lewis'
majority was I.si'. John P. White, of
Iowa, was elected national vice president,
having no opposition. He received 118,073
votes. For secretary-treasurer, W. D.
Ryan, of Illinois, received M.34fi' votes.
John Fahy received 40.?lSi, votes.
The delegates to the American Federa
tion of Ijibor who were elected, were:
John Mitchell. Tf I Lewis, W. B. Wilson.
W. D. Ryan. John H. Walker of Illinois.
John P. White of Iowa and G. W. Savage
of Ohio.
John J. Mowaop of Ohio, Patrick Fit
simnioni of Pennsylvania snd Harry Baker
of Iowa were elected members of the audit
ing and credentials committee. The con
vention adjourned at noon subject lo a
call for a meeting of a special convention
to ratify any wage ugreetnent that nicy
result from a joint conference with the
operators of the central competitive field,
which Ih expected lo bo called by tho Joint
meeting to be held here February Zi.
Mr. Iewis was Introduced to the dele
gates by W. B. Wilson, the defeated can
didate. Mr. Wilson pledged to the new
head of the organisation hi united support.
Mr. Lewis said lie hud been called a
radical In newspapers.. Replying to
this he said:
If I am a radical, I want always to be
so radical as to be alio to defend the
rights of those thousands of fellow work
men whom I represent. At the same time
I hope to b" so conservative s to know
when to accept those thlnKs which we be
lieve to be ours as laboring men of Amer
ica 1 shall not outline I ho policy of the
new administration of the miners at this
time. hope to be nblc to meet any
conditions that may arise and so manatee
affnirs as to promote the interests of the
United Mine Workers, at the some lime
keeping In mind the Interests of the Ameri
can people. This organisation will go on
In Its work till the prubems affecting the
men in the mines have been solved. And
In closing, I want to say, and emphasize
the fact, that in the past seven years
there has never leen personal differences
between myself and the other national
officers.
President Mitchell and Secretary Wilson
shook hands with Mr. Lewis and the dele
gate cheered loudly.
COACH IN TRAIN CRUSHED
Two Killed and Many Are Injared by
Derailment of Wabash
Passeaaer.
DKTR.OIT. Feb. 3.-Wabash pessenger
train No. 4. castbound, a. consolidated Chi
cago St. Louis train, duo here at 8:30 p.
m., was wrecked two ntilea west of Brit
ton station, forty-seven miles from De
troit, about 9 o'clock last night, probably
by a brdkeu rail. Two w-tnen passenger
were killed and forty-four people were In
jured. The dead:
MRS. FRANCES VARQO. Budapeat,
Hungary.
UHS. JOHN SMITH. H Sixth street,
Milwaukee, Via. ' '
The 'injured:
Mrs, O. W. Met, Detroit, several rib
broken.
Mra A. J. McKay, Detroit, several rib
cracked.
The remaining Injured were reported to
have sustained only sprains and bruises.
The train consisted of seven cars, all
but one of which stood tho shock of the
wreck without overturning. It was In the
coach, directly behind the combination
baggage and express car and the regular
baggage car that the two deaths and the
most serious Injuries occurred. The bag
gage cars remained upright, as did also
the three sleeping cars and the diner, but
the roach was overturned and badly
crushed. Among the Injured were a num
ber of theatrical people, who were regis
tered as being from the Belasco theater.
New York.
Most of the Injured were reported to be
suffering from bruises and sprains. They
were brought to Detroit on a relief train
and sent to hospitals and hotels here.
MODEL LICENSE LAW FRAMED
Officers of National Lraaae Sabs
Oae to Be Paaaed la
Kestseky,
lit
LOUISVILLE. Ky.. Feb. 3.-T1ie officers
of the National Model License league will
this week withdraw their bill recently pre
sented In the Kentucky legislature and offer
a substitute model license law bill which
embodies their ideas more strongly. This
bill Is endorsed by all the factions of tho
trade and haa been the means of harmon
ising the effort of the distillers, brewers,
wholesalers and retailers. It is also re
garded as a better model for similar laws
to be preselnted In eyerv state In the union.
The features embraced In the bill are
the limitations of licenses according to
population; to make the life of the. licenses
dependent only on obedience to law; to au
tomatically enforce such obedience; and to
take the saloon out of politics. The prin
cipal change Is In this last feature, which
provides for non-partisan licensing boards
for every city and town where the sale of
liquor Is authorised. From eight men, four
from each of the two political parties,
nominated by the governor, the mayor of
each town or city appoints two from each
party to comprise such board for his town.
PEARY PLANS TO GO NORTH
WASHINGTON. Feb. 3. Commander
Peary of Artie exploration fame paid his
respects to President Roosevelt today. "I
shall start for the north on another ex
ploration trip the first of next July," said
Commander Peary as he 1-ft the White
House.
Telephones oa ladlaa Reserve.
PIKRRE. 8. D., Feb. 2.-tBpeclal.)-As an
evidence of the changing conditions on the
Cheyenne River Indian reservation, the
principal points are being connected up
with telephone lines. A line has already
been completed from Crerry Creek to Thun
der Butte, and another from the main
agency to White Horse, and a connecting
line between White Horse and Thunder
Butte by way of On the Tree Camp Is be
ing ronstructi d. which will make a circulit
connecting the main kgeney with all the
principal points on the reservation.
Ksploaloa from i'rsira Pipes.
MONAOA. I'enn.. Feb. 3 Tim for
eigners wire killed and six others se
riously Injured ttxlay when the hollers in
th Welch brick plant exploded. It Is
supposed froxen water pipes caused the
aetiitcnu Tha damage la estimated at
17.0.
Commander Pay Visit to White
Hoase and Aaaaaaee Plaa
oa Leaving.
HITCH ON DIVISION
Five of the. Delegation Fator the
Proposition of Norris.
EACH DISTRICT ON AN EQUALITY
Salary and Not Number of Appoint
ments to Be the Rating-.
NORRIS' HAND IN TENSION BELL
Hai Much to Do with Framing- of
Sulloway Measure.
STATISTICS OF FARM ANIMALS
Considerable Decrease otrd Darlaa
1 ear la the Camber of Reef Cage
tie and ' Increase Im
All Other.
(From a Staff Correspondent.
WASHINGTON. Feb. S. 4Sncclsl Tele
gram.) The hitch In Ihe Nebraska con
gressional delegation regarding 4he dis
tribution of ntfttc-wldo patronage conic
through Congressman Norris' resolution
offered on Salurdsy, whIHi provides for
the division of nil :iprolntmcn1s among
the congresslonsl districts (six In number)
on a salary basis, this to include officers
from the state appointed to places out
side of the state. When Norris presented
this resolution at Ihe, meeting on Haturdsy
there was a counter resolution presented
by Senator Brown, who wanted the state
divided on north and south lines. Thcro
was a vote taken on the Norris resolution,
five meinlM-rs of the delegation voting for
It and two agnlnst It. There being an
understanding that whatever was agreed
upon must be by unanimous consent an
adjournment was taken until Wednesday
In order that the member might get to
gether on an agreement or constitution, a
the members have begun to call th agree
ment, and wldi.ii would be satisfactory lo
every member.
Unless a constitution for Jhe future 'dis
tribution of patronage Is arranged, the col
lectorshlp may bo completely blocked so
far a a successor to Mr. Stephenon is
concerned. Yet there Is a powerful In
fluence being brought to bear for a olu
tlon of the question and undoubtedly the
members of the delegutlon are quietly at
work endeavoring ' to solve the perplexing
problem in a way that will be wholly
satisfactory to nil Interested,
Rarkett Explain to President.
Senator Burkelt saw the president thl
morning, but only for a few minute. It
1 presumed that his mission was In regard
to the collectorihlp. He probably told th
president of the action of tho delegation
on Saturday, but whether Ihe president
suggested any. solution will not be deter
mined until the meeting Wednesday. On
thing Is certain, tha Nebraska delegation
1 getting "on edge" over the colleictor
alilp and over the plan of state-wide dis
tribution of patronaga and the members
arc extremely anxious to terminate th
embarrassing situation. 1 ... .
..All eorts. of 4ol ut Ions have ben sug
gested, the bringing In' ofa." new ' candi
date aa a successor to Elmer Step'henson,
and some provision for both Rose and
Hammond, but up to this thuo It em
Imponiblo to bring the Taction together,
and tho president may finally have to
make a decision himself and assume the
responsibility.
Norris Hand ia Tension Bill.
Judge Norris uf the Fifth district re
ceixed the congratulation of many of his
colleague on the floor of the houso today
for having written Into the widow' pen
sion bill, which passed that body today,
much of Its provision and much of Its
verbiage. The bill which passed the Mouse
today gives to widows of soldier or sailors
who served In the civil war. the war with
Mexico and Indian wars 111 per month,
providing said widow was married to said
soldier or railor prior to June, 1S90. It
rcptala former acts relative to proof that
such soldier or sailor died of wound con
tracted during the said war and doea
away with the proposition that the widow
must prove thut her income I not more
than liV) per year. The act doea not in
any way reduce any pension under any
act, 'public or private, but gives the widow
outright upon due proof of her husband's
death, said husband having nerved In the
army or navy In the war above mcnV
tloned. 112 per month. While thl act will
be known as the Sulloway act, Mr. Sullo
way being ciiairman of the committee on
Invalid pensions, much of the act fol
lows tlie bill Which Judge Norria Intro
duced at Ihe beginning of congress
Miner Matters at Capital.
Senator Uurkctf called up and had passed
today his bill granting about 2W acres of
land to the vlllagu of Valentine, which la
part of the oKrt Niobrara military reserva
tion for irservoir purposes and to be used
for supplying Valentine with water.
Congressman Hlnshaw has taken up and
ia urginf the allowance of additional city
carriers at oYrk.
He also filed today with the committee
on Interstate and foreign commerce the
resolutions of the Lincoln Commercial dub.
asking congress to pasa a law to the end
that Interstate rates will apply as maxi
mum rates at directly Intermediate points,
and that all railroad tariffs shall so state.
Mr. Hinshaw also filed with the com
mittee on public bivlldings a showing of
population tind resources of the city of
Falrbury. prepared by It Commercial
tiub In aid of a bill for the authorization
uf a postofflce building In that city.
The First National bank of Cambridge,
la., has leen authorised lo begin busi
ness with IJS.'M) capital. E. P. lKaly la
president. T. II. Irwin, vice president, and
Robert F. Irwin, cashier.
BREAKS UP ROOSEVELT RANCH
steam Plow to He I -ied lo foatrrt
It lalo liralit
Loads.
P1LHRE, S. D.. Feb. :. 8peclal. Tlie
steam plow is Invading the territory once
occupied by tlie Itooaevcll ranch, a big
steamer having Just been taken into nurth
wrstero Butte county lo tear up Uio sod
preparatory to turning the range Into
farms. Th' owners of tlie outfit have con
tracts enough to keep them busy prac
tically all the coming summer.
SARATOGA REPUBLICANS ACT
torn ml tier la Convention CI res F.a
doraemeat to Uiirrsir llaahe
for Presidency.
SARATOGA. N. Y.. Feb. 3.-Resolutions
endorsing the candidacy of Governor
Hughes fur the presidency wer unani
mously pass-d by the Saratoga republican
committee In convention today.