The Omaha 'Daily Bee
VOL. XXXVII NO. 233.
OMAHA, WEDNESDAY MOKN1NO, MAHCII 18, 1 008 TWELVE rAflES.
SINGLE COPY TWO CENTS.
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1
vnurnnii nr nrnrrr
Chesapeake & Ohio Develop Latest
Method of Favoring Shippers.
TRANSFER AT INITIAL POINT
Hal Effect of Giving Traction of
Through Instead of Local Bate.
i
AIR LINE GETS WORST OF IT
Connecting Line Carr
Lower Hal
raffio at
PROSECUTIONS
TO
RiArf ill rnmmUiliia I.mh. '
t It Fraudulent Pruc
' That Haa Obtained for
Several Years.
WASHINGTON, March 17. Crmilnal
prosecution. It la indicated offlcally, will
be instituted against certain officials of
the Chesapeake ft Ohio Railway company
nd certain favored shippers by that line
on account of what ts asserted to have
been Illegal practices relative to Interstate
shipments. It appears from the findings of
the Interstate Commerce commission that
tiie Chesapeake Ohio favored certain
shippers "at the expense of the Seaboard
Hi) Lln.i and Atlantic Coast Line," In tho
thlpment of grain and packing house pro
Suets and that the shippers thus favored
fave to the Chesapeake A Ohio "all of the
inbound business of the shippers so favored
y It.'
A hearing on the matter of these prac
tices was held in Richmond, Va, In Feb
ruary by the Interstste Commerce commis
sion, the evidence being taken by Commis
sioner Lane. The commissioner lias sub
mitted his report to the full commission.
It has been approved, and Attorney General
Bonaparte has been requested by the com
mission to institute, through the United
8tates district attorney at Richmond, pro
ceedings against all parties Involved In
the ev.leneo adduced.
Dodging; Rebate Law.
Following la the text of Commissioner
Lane's report of the practices complained
of:
For some years a fraudulent practice,
ourtlcipaled in by certain dealers In grain
Hid also by certain dealers in packing
louse products and also by the Chesupeake
& Oliio Railroad company, haa obtained
at Richmond, by means of which this rail
way company haa favored such shippers at
the expense of the Seaboard Air Line and
the Atlantic Coast Line, its southern con
nections. This practice has resulted In the
obtaining for such shippers of rates less
that local rates over the Seaboard Air Line
and Atlantlo Coast Line for shipments of
firain and also for shipments of packing
louse products, which local rates such
shipments were legully bmind to pay. This
result has been accomplished by means of
transfer slips Issued by the stHtion agent
of the Chesapeake & Ohio Railroad com
pany on the written instruction of the as
sistant general freight a Kent of this rail
way company, said transfer slips fulsely
ronvej'lng to the southern lines the state
ment that such shipments had originated
t points beyoncT Richmond and were en
titled to move from Richmond to destina
tion In the Carolina at a division of a
through rate, such division being less In
amount than the local rates to which these
shipments were legally subject. t
These Who Hare Benefited.
The benefits of this arrangement have
been reaped by the shippers enjoying It,
nd also by the Chesapeake & Ohio Rail
. way company, which, whether by express
agreement or not, has received all of the
Inbound business of the shippers so favored
' by It.
It also further appears that the assistant
general freight agent of the Chesapeake
Ohio Railway company, responsible for
the above described abuse, upon discover
ing that the same was under Investigation
by special agents of this commission, un
dertook to make amends for the same to
the Seaboard Air line and the Atlantlo
Coast line. To this end he ordered that a
list he prepared of all cars, which had, by
his orders, been moved at a division of the
joint through rate less in amount than the
local rates to which they were legally sub
ject. Being Informed by one of his sub
ordlnates that this list would be a very
long one, he then gave orders that tho list
should only show the ears moving during
the months nf August. September and Octo
ber, 1907. Having been furnished with a
list covering these three months, he for
warded it to the southern lines w'th a
statement watch showed "air cars mis
hitted which he had been able to discover.
It also appears that rertaln records of
The Chesapeake & Olulo Railway company,
have been destroyed, contrary to the pro
visions of the act to regulate commerce.
The testimony . showed that the freight
claim department of this railway Is under
the ohsrge of the assistant general freight
agsnt. he being the official responsible for
uio iiaiiaicr mips aoove rererrea to,
Aaditor Closes Ills Kyes.
The testimony further shows that the
auditor of disbursements, on receiving from
the freight claim office claims from ship
pers with direction that the he nald. in.
quired no further into the merits or legal
ity of such claims than to ascertain from
the auditor of freight receipts that the
shipments to which the claims relate have
been moved and that the charges have leen
collected. All claims so pawning through
the freight claim office and pasted tip
on the order of the assistant freight agent
prior to January. 19(18, were destroyed dur
ing" the latter uftrt ot the vear. This destruc
tion appears to have been made under
authorization of the comptroller of the
Chesapeake & Ohio Railway company.
Bo far us the matters disclosed are crim
inal In their nature, they will be referred
to the I'nlted Blates district attorney at
Richmond, with the request that prosecu
tion be instituted agahut all parties
therein Involved.
WASHINGTON STATUE REMOVED
Fferrle Greesossh Mciiant Wilt Be
Placed la Sinlthssnlan
' t lastltate.
WAFHINGTON, Maich 17-After under
going a lot of criticism as to Its artistic
tiwrlts. tho heroic Grecnough statue of
funeral George Washington, which for
jlxty-teven year has stood in the plaza
f the east front of the capltol was today
ordered by the house to be removed to
the Smithsonian Institute. The motive Is
the protection of the statue against fur
thr ravages of the elements.
Mr, MuCall of Massachusetts suggested
that a number of the statues in "that
ebumbrr of horrors, ' commonly called
ffcatuary hull,'! might also bo moved.
INSURGENTS WILL CELEBRATE
Cevefnor Oanforrf to Address Re.
( publican Hatty at Huron
A writ anth.
BMassssasss
'JU'RON, 8. D.. Muich 17 (Spec'al.l Ar-
'uniemtnts are being male for a leublloao
.' lly at the Auditorium In this city. Afrit
1 Governor Crawford has accepted an ltivt
tkn to address the meeting. Hon. George
VC. bttgert of 61oux Falls will also be pres
ent and. wltb others. f Vtrcss the meeting.
Hy a representation of foity-three vstes,
the lBvadie County Scandinavian I f ub lean
league today unanimously endornod the res
olutions of Uw Scandinavian Republican
Stat league at Sioux Falls, February, 34,
and endorsed the action of the state execn
oiuinltte in every particular.
J."5
. 5Vow
SUMMARY OF THE DEE
I ;
Wednesday, March IS, ICON.
1908 -MiRCff 1908
StX NOtf THL nn TWIT fft. iSST
1 2 3 4 5 6 Z
8 own 12 la u
15 16 1Z 18 19 20 21
22 23 24 25 26 2Z 28
29 30 31 --
TED WEATHE.
FOR OMAHA. COUNCIL R LUFFS AND
VICINITY Probably rain or snow Wdnes-
FOR NEBRASKA AND lOWA-Frobably
rain or snow Wednesday.
Temperature at Omaha yesterday:
' if.-.,,,
Dep.
.... 4S
.... 42
.... 41
.... 8S
.... 3"
.... m
.... 3S
.... sn
.... 41
.... 4
.... 45
.... 41
.... 43
.... 43
.... 42
.... 41
.... 44)
5 a. m..
fi a. in. .
7 a. m..
S a. m..
9 a. m..
10 a. ni..
11 a. m..
12 m
1 p. in..
2 p. m..
3 p. m..
4 p. m..
5 p. m . .
6 p. m..
7 p. m..
8 p. m..
9 p. m..
DOMESTIC,
Prosecution of the Chesapeake & Ohio
railroad will be begun by the government
for the giving; of false transfer slips.
Fag l
American fleet is able to make the
trip around the world provided coal Is
supplied. "
State asks for appointment of a rereree
to take testimony In the express com
pany case. jrage 3
Police of Ann Arbor make public names
of fifteen students captured In recent riot
there who will be dismissed from school.
rage X
Wage trouble between the United Mine
Workers and the operators Is regarded
as almost certain from the refusal of the
operators to negotiate. Pag; X
Senate committee withdraws the rail
road bond provision from the Aldrlch
bill. a
A. J. Mathlaa and Eugene W. Waterbury
were nominated for mayor In Des Moines.
Pas; 1
Senator La Follette speaks on the evil
of allowing rich men and their many In
terests to control the finances of the
country. Faff X
The Qreenough Washington statue will
be removed to the Smithsonian Institute.
Fags X
Diamond prices will be reduced result
ing from the disagreement of members of
the syndicate In the Transvaal. Page a
FOBEIQXT.
More executions take place In Haytl,
causing much concern for foreign resi
dents. .Page
Prince Joachim of Germany will be dis
missed from the army because of his in
fatuation for a woman. Pag fl
King Alfonso of Spain has another nar
row escape from injury In an automobile
accident Pag a
- IPOBT.
Police of Washington -determine to Atop
betting at Bennlng's race track in spite
of decision of court it Is not illegal.
Pag X
X.OCAX.
Members of the fire and police board
make trip to Lincoln to interview Gov
ernor Sheldon. ) Pag 3
Superlntednet Davidson and Principal
Waterhouse Ignore the criticisms of a
local artist on the Lincoln statue, say
that a $50,000 piece of work can hardly
be secured for 12,000. Pag S
St. Patrick was placed on his throne
yesterday, being honored by all of Erin's
sons and a special program at the Crelgh
ton Institute In the evening. Pag 4
Attorney C. E. Clapp of Omaha fell dead
In Council Bluffs about noon TueHray,
while returning from the court house,
being stricken with heart disease.
Pag 4
By cancelling a rule against advancing
transportation charges for shippers, the
Grest Western Railroad company has suc
ceeded In knocking out a rale of the Trunk
Line association which would have re
sulted In great damag to shippers.
Pag 6
Irving T. Bush, president of the Mer
chants' association of New York City,
told Omaha bankers and business men
that guarantee of bank deposits was as
sure as fate and would be forced upon
the banks If they did not provide it them
selves. Pag a
' OOMatZBOLaX AKS UTDUSTBIAIi
Live stock markets. Pag
Grain markets. Page t
Stocks and bonds. Page a
MOVEMENTS OP OCSAJf BTZAM8KIPB.
Port. A wired Balled.
NEW YORK La Bretuan IVriiu.
CHKISTI ASBAND L'nltsa BlatM
OT.ASOOW I'.Wonlt
LONDON Philadelphia Anillan.
ROTTERDAM E.t Ml.
rtlKRHOt'HO ....St. louta.
tiot'LOONB .. Rjrndam.
BREMEN Rnelo.
HAMIU'RO Amarlka
OIBKALTER Konlg Albert ....
BY WIRELESa
Sable Island Kron Prim Wllhelm, 74
miles cast of Sundy-Hook at 1:66 p. m.;
will probably dock at 8:30 a. m. Wednes
day. Sable Irtand Cedrlc, 820 , miles east of
Sandy Hook at 11 a. m.
DIAMOND WAR WILL COME
Syndicate Broken l' and Price of
tiemi Will Com Down.
LONDON, March 17. Under pressure ex
erted y the Transvaal government, which
Is entitled to 60 per cent of the company's
output, the Premicn Diamond Mining com
pany has definitely refused to renew Its
agreement with the diamond syndicate.
The Premier connany announces that it
will make known 'ts output on the ex
piration this mcnui of the contract with
tho syndicate. Up to the present time the
syndicate haa taken the output of both
the Premier and the IH-Bcers companies.
The fact tha the agreement Is not to be
renewed means that war will be declared
by the Premier company against the De
Beers company and the general opinion is
that diamonds will be ehesper. The
syndicate has la the past practically con
trolled the world's output In diamonds.
DENIAL MESSAGE IS ON WAY
Information from White Mouse Presi
dent ta Mot to Ph Certain
l.ealalat Ion,
WASHINGTON, March i7.-The report
that the president la about to nd a spe
cial message to congress urging upo'i Its
attention certain matters of legislation
recommended by tho Civic Federation
meets with poHlv) denial at the White
Uous.
BURDEN PLACED ON CAPITAL
Senator La Follette Closes Eiscussion
on Aldrich Bill.
FINANCIERS CAN MAKE PANICS
Trro Wealthy Men, Ife Claims, fan
Control the Industries of the
Country Throoah Their.
Money Power.
WASHINGTON, March 17. Declaring
that the recent financial stringency In the
country was brought about by the Influ
ence of "Standard Oil" and J. Plcrpnnt
Morgan, Senator La Follette of Wisconsin
today, in a speech practically closing the
Aldrlch currency bill, entered upon a de
nunciation of men high In the financial
world.
In the beginning of his speech In the
senate today. Senator La Follette took
cognizance of a generally current remark
that by eliminating railroad bonds from
the Aldrlch currency bill, the finance com
mittee has taken the wind out of Mr. La
Follette's aall. He declared that the ac
tion of the committee had rendered what
he would have to say against railroad
securities more pertinent thnn It would
have been If such action hnd not been
token. He said In part:
There were no commercial reasons for a
panic. There were speculative, legislative
and political reasons why a panic mUht
serve special Interests. Ther were busi
ness scores to settle. There wu leKislation
to be blocked and a currency measure
suited to the system to be secured. There
was a third term to be dlspoaed of and
policies to bo discredited.
A pnnlo came. I brllove that It needs
only to be followed step by step to show
that It was planned and executed, lnsnfar
as such a proceeding Is subject to control
after once in motion.
Scenes of the Panic.
The senator recounted in vivid lnnguage
his view of the events of October 24, when
Wall street was In the throes of the cur
rency stringency and continued:
But back of the scenes Morgan and Still
man were In conference. They had mado
their presentations at Washington. They
knew when the next installment of aid
would reach New York. They knew Just
how much It would be. They awaited Its
arrival and deposit. Thereupon they pooled
an equal amount and held it. Then they
waited. Interest rates soared. Wall street
was driven to a frenzy. Two o'clock came
and Interest rates ran to 150 per cent. Tho
smashing of the market became terrific.
Still they waited. Union Paclflu declined
lOVs points; Northern Pacific and other
stocks went down in like proportion. Five
minutes passed ten minutes pant 2 o'clock.
Then at precisely at 2:15 the curtain went
up, with Morgan and Standard Oil In tho
center of the stage with money real
money twenty-five millions of money
giving It away at 10 per cent.
Whole Country Terrorised.
How beautifully It all worked out! They
had the wholo country terrorized. They
had tho money of the deposits of banks
of every state In fhe union to tho amount
of fi00.00Q,ouO, nearly all of which was in
the vaults of tho big bank groups. It sup
plied big operators with money to squeeze
out Investors and speculators at the very
bottom of the decline, taking In the stock
at an enormous profit. In' this connection
the operations of Morgan and Standard
OH furnish additional evidence of the char
acter of the panic. We have record pronf
of their utter contempt for commercial In
terests, not only for the country srenerally,
but for legitlmato trade In Nfcw York City
as well.
Mr. La Follette reviewed the growth of
Industrial reorganization from the year
1198, which he said saw the beginning of
that movement. He discussed the economic
development of the country and laid es
pecial stress upon the growth of financial
combinations, declaring:
There are twenty-three directors of the
National City bank (Standard OH): there
are thirty-nine directors of the National
Bank of Commerce (Morgan). Examina
tion of these directors shows that these
two groups are being knit together In busi
ness associations, suggesting their full
Identification.
Fourteen of the directors of the National
City hank are at the head of four great
combinations representing 38 per cent of
tne capitalization of all the Industrial
trusts of the country.
Controlling Periods of Prosperity.
Speaking of the great stores of money
In New York, In connection with the vari
ous Industrial Institutions, Mr. La Follette
continued:
With this enormous concentration of
business It Is possible to create artificially
periods of prosperity and periods of panlo.
Prices can be lowered or advanced at the
will or the 'system. When the farmer
must move his crops a scarcity of money
may bo created and the prices lowered.
When the crop pusses Into the control of
the speculator and artificial stringency may
lie relieved and prices advanced and the
Illegitimate profit raked off, the agricul
tural industry may be pocketed In Wall
street.
He severely criticized the provision of the
Aldrlch bill by which railroad bonds are
to be made security for emergency circu
lation and charged that It was a echenSe
to defeat legislation which might lower
railroad rates.
He insisted that the Interstate Commeroo
commission is pot empowered to i ascertain
the value of the physical property of the
railway companies of the country and
strongly favored such a valuation as the
only means for fixing railroad rates.
MACHINISTS PLAN TO STRIKE
Example of Hlo Grass Men Will
Spread Over Entire Gould
System.
DENVER, Colo., March 17. Today, 1.600
machinists, bollermakers and members of
kindred trades working in the Denver &
Itlo Grande shops went on a strike, In
response to an order Issued by W. J. Mc
Queeney, representing the machlnlnls' na
tional organization after a final conference
at which Manager A. C. Rldgway of the
railway refused concessions.
"The strike will ultimately spread to
very road In the Oould system and affect
roads over the United States," said Mc
Queeney, "Ther Is every Indication that
the struggle will be a long one and fought
hard on both aides."
The strike Is the result of an order posted
by the road a month ago, agrogallng all
contracts with the unions.
MATHIAS AND WATERBURY WIN
These Nominated for Mayor at Pri
maries Held Monday nt
Des Moines.
DKS MOINKS, March 17. After the live
liest political campaign in the history of
the city Des Moines yesterday held Its
first primary election under the new com
mission plan of government. Thirteen
thousand votes were cast and practically
the complete returns this morning Indicate
the nomination of A. J. Mathis and Eu
gene W. Waterbury for mayor, John Mac
Vicar. John I Hamery, Wesley Ash,
Charles S. Worth. James R. Hanna, But
tons Walker, Charles H. Worth and W. II
Lreckton for commissioners.
Under the new plan of government there
will be one mayor and four commissioners
and these will be chosen from the ten can
didates who secured the largest number of
votes at the primaries yesterday. The lec
tion will be held March SU.
ANN ARBOR STUDENTS RIOT
Wreck Thcnter s Heene for
leaed lnsnlt to One of
' amber.
Al-
ANN ARBon, Mich., March 17. Twenty
two University of Michigan students spent
last night In jn II and the Star Nickel
theater was thoroughly wrecked as the
result of a rlnt of students last evening,
which lasted until -, nearly 1 o'clock this
morning. The movlog picture machine and
the theater piano were broken' to pieces.
Trouble started Saturday night in a dis
pute between a forestry student named
Kamm from Kentucky ard E. Reynolds,
proprietor of th., theater. SoBio one
whistled while tho performance was In
progress and Kamm was ordered to leave
the playholuse. He got up at once to
leave, but it la said that at the door he
slapped Manager Reynolds In the face. At
this point Special Policeman. Schllmmer,
In the employ of the theater, took Reynold's
part and Is said to have Inflicted a scalp
wound on the student by a blow with his
billy.
News of the affair, circulated among the
students Sunday un yesterday, with the
result that some of the bolder spirits among
the students planneh to make reprisals
against the theater management. Last
night a proscssion was formed that went
through the district of the student rooming
houses shouting "Air out for the Star
theater." College men poured out to Join
the marchers at every Mock and when the
procession reached tho theater fully 2.000
men were In line.
Shorn rs of Rocks.
Crashing glass announced the opening of
the attack as one of the collegians hurled
a brick through a front window of the
theater and from that moment pandemon
ium reigned. Windows not only of the
Star theater, but of adjoining buildings,
were shattered by fusillade of rocks and
the students finally attacked the building
In "rush" formation and practically tore
out the front. The police were powerless,
th2 students jeering at the officers and
stealing their helmets for souvenirs, and
when the fire department was summoned
to drench the crowd with water, the boys
ran away with 100 feet of hose. When the
hose was recovered. Chairman Millard of
the board of fire commissioners ordered
the firemen to return to tholr station, de
claring no one had any rlKht to call out
the firemen for such duty. President
Angell, the venerable head of the univer
sity vainly pleaded with the young men
and asked them to disperse, but his words
could not be heard twenty feet away In
the turmoil.
A' bugle(call sounded 'at the local armory
indicating that the state militia were pre
paring to turn out calmed the rioting
students at last and about midnight the
mob oegan to disperse. It was not until
1 o'clock, however, that quiet was restored.
Some of the police and severcl students
were slightly hurt but luckily no serious
injuries resulted. It was reported, how
ever, that tho police averted a tragedy by
overpowering one of the theater employes
Just as he was on the point of discharging
a revolver point blank Into the crowd of
students. '
Early this morning the nolice said that
they had 4ot ta en any Raines ai, th
students under arrest. " '
WHEEL HOUSE IS BLOWN UP
Three Men Killed and Four Injured,
Two Fatally, by Explosion at.
( Linton, Ind.
LINTON. Ind., March 17. Three men
were killed and four Injured, two fatally,
today by the blowing up of one of the ten
wheel houses of the United States Powder
company at Coalmont, fourteen milts from
here. The dead:
CHARLES MORRIS.
CHARLES (iOliHY.
WILLIAM SIMMONS. " I
Fatally injured: . "
George Oorby.
Charles Stuart. . j
Seriously injured: .
William Myers.
James Smith. "
All were employes of tho powder works
and were In the wheelhouBc when the ex
plosion occurred. Nothing is known as to
the cnuse. On account of the considerable
distance between the buildings none of the
other nine wheelhouses was damaged. The
force of the explosion was heard and felt
for miles. All windows In Coalmont were
smashed and several buildings were dam
aged. Plate glass windows In Linton were
broken.
PALMER'S FORTUNE TO FAMILY
Father, Wife and Children
aaft.OOO, Left II Heal Es.
N tale Denier.
George II. Palmer, who died March 9,
left an estate estimated to bo worth 1:3,000
according to the petition for the probate
of his will which was filed by his father,
H. E. Palmer yesterday afternoon. The
petition asks the appointment of Mrs.
Florence M. Palmer, the widow, as txs
cutrlx. .
In the will he leaves his Interest In
the firm of 11. E. Palmer Son & Co., to his
father. Half of the remainder of the es
tate goes to the widow and the other
half Is to be held In trust for the two
children, Morse, aged 8,i and Jean, aged 6
years. The will provides this share shall
be invested and the Income used up to
May 17, I'J-'l for the support and education
of the children. From that date until
May 17, l'.tt. tho Income Is to be divided
equally between them. On May 17, 1826,
the property and accumulations is to be
divided equally between the children.
The w.111 was dated February 8, Just
month before Mr. Palmer's death.
BOMB RECEIVED THROUGH MAIL
Russian Jew at Sioux City Given a
Scam,
SIOUX CITY, la., March 17.-(Sreclal
Telegram.) Accompanied by a small sheet
of paper on which was written "look out"
and signed "lilack Hand," R. Hurzoff, a
Russian Jew who conducts a grocery store
at i0 West Seventh str-et, today received
a crudely fashioned dynamite bomb with
fuse attached. Catching sight of the fuse,
a clerk, who was unwrapping the package,
was on the point of throwing It Into the
street when restrained. The package,
which possessed no postmark, "was deliv
ered in the usual way by a mail carrier.
Hurzoff, who was frantic with fear, at
once called the jxjlice, who took charge
of the bomb.
The bomb Is a home-made affair, con
sisting of a bird-cage cup, filled with dyna
mite, held in place by a dark substance
resembling putty. Inserted In the putty
was a piece of lamp wick. The writing
was that of someone unfamiliar With the
Knnlli.li language. Hersoff said ' he had
not the slightest idea of the Identity of
the sender, as he did not know be bad an
euemy U. the country.
MOVE TO BREAK UP BETTING
Police at Washington Will Ignore De
cision of District Court.
LIFE Or RACING IN BALANCE
People of Waahlnarton Want a Public
Utilities Commission to Take
Chars; of Affairs In Dis
trict of Columbia.
(From a Staff Correspondent.)
WASHINGTON, Maryh 17.-(Speclal.)
The Spring meeting of the Washington
Jockey club opens at Rennings race track
on Monday, March 23. This marks the
opening of tho season of running meetlnKS
in the United States for the year of I.
The outcome of the races here Is being
anxiously awaited In every stable and on
every breeding farm, not only In the
United States, but throughout the world.
The reason for this unusual Interest In the
Washington meeting Is found In the fact
that the city authorities are determined
to break up betting. For three years past
book-makers have not been required to
move about among the patrons of the sport
and to book their wagers while on the move.
Last fall the chief of police of Washington,
acting under Instruction from the munici
pal authorities, arrested one of theso
perambulating bookmakers under the
charge of setting up a gaming table. The
caso was fought by the city authorities
on the one hand and the Rookmakers' as
sociation on tho other through the various
courts until It reached the court of ap
peals, which tribunal a few days ago
handed down a decision In which the
ground was taken that Inasmuch as the
offender was not charged with making a
regular book with all the attending
paraphenllla, but that on the contrary It
was shown that he simply accepted wagers
from such betters as accosted him In his
walks about the grounds that he did not
therefore violate the law and should not
be punished.
In spite of this decision the chief of
police announces ,that he will Instruct his
men to arrest every bookmaker who may
be seen accepting wagers from patrons of
the track. It Is expected, however, that
the turfmen will endeavor to obtain an In
junction restraining the police from Inter
fering with them. If some such course Is
not adopted the spring meeting of the
National Jockey1 club probably will mark
the end of the racing business In the na
tional capital.
In the meantime strenuous efforts are
being made In New York 'to secure the
adoption of legislation to prohibit betting
In any form upon the tracks and race
courses In the Empire state. This activity
on the part of the anti-race people In New
York, combined with the efforts to break
up the sport in the District of Columbia,
threatens a serious blow to the Industry
of thoroughbred horse breeding, for unless
wagera upon races are permitted races will
not be run, and without the excltemVnt of
watching the highest types of thoroughbred
members of the equine family contending
brpiriBt each other thet.'; will be no Wemand
lor ine norses memsoives, ior tne simple
reason . that the thoroughbred, bred . for
speed and stamina, is of practically no
value for carriage purposes, not at all
for commercial uses and the demand for
saddle horses has grown less year by year
In the same ratio that the automobile has
Increased In popular favor. -
Public Utilities Commission.
Efforts are being made In congress to
establish In the District of Columbia a
public utilities commission, with powers
and duties similar to the two commissions
which control the affairs of the public
service corporations In the state of New
York. Reports from all sections of the
Empire stato Indicate that 'the utilities
commissions are doing . a power of good
for the patrons of the corporations which
control public franchises, whereas In the
District of Columbia, under the eye of the
national government, there Is absolutely
no control, except when congress sees fit
to enact direct legislation. The street car
service on some of the lines of this city
Is equnl to the best of any community In
the world. On the other hand, the manage
ment fo some of the other lines seem to
pay no regard whatever to the needs of
their patrons, and as those patrons are
absolutely mute, being deprived of fran
chise in matters of municipal legislation,
their complaints receive scant considera
tion. The proposed commission will. If the
present plans aro perfected, have complete
control of all matters pertaining to the
conduct ' of the street railway systems,
the gas and electric lighting plants and the
score of other public utilities essential to
city life. It Is the Intention of the fra-mers
of the measure to relieve the district com
missioners of all Jurisdiction over such
franchises and to make the board of public
utilities supreme, from whose decision no
appeal shall lie. Unlike most proposed
legislation 'affecting the interests of the
people of Washington, this measure seem
to meet with very cordial approval not
only front the people, but from the au
thoritles also, nor does there seem to be
a very strong disposition toward opposi
tion on the part of the corporations di
rectly affected, i,
AniusluK Story of Two Book.
An amusing stqry comes from New York
In connection with a recent publication of
two volumes by two very prominent men
Something of a sensation was caused some
time ago by the Issuance from the press
ot D. Appleton & Co., of a volume by
Chancellor Day of the Syracuse university
entitled, "A Raid Upon Prosperity." That
volume upholds some of the biggest cor
poratlons In their methods of business and
covertly and nonetheless forcibly attacks
the administration In dealing with corpora
tions and Individuals. More recently Hon,
Leslie M. Shaw, former secretary of the
treasury, issued through the same publish
Ing house a volume entitled, "Current Is
sues." He had a number of copies of the
volume sent to his office, which, as usual,
were wrapped in a folder on the front of
which was printed the title of the book
and the name of the author. Mr. Shaw
wrote his name on the fly leaf of a num
ber of these which he sent out as presents
tlon copies to the president, the different
members of the cabinet and some other
friends. Then lie ent for a fresh supply
and as he proceeded to Indite a few pre
sentatlon remarks upon the fly leaves of
the second batch hla, attention was at
tracted to the back of the folder, upon
which he found In large type a glowing ad
vertiaenient of Chancellor Day's book. He
hastily summoned tho publishers on the
telephone and demanded that every copy
that had been sent to the book sellers
should be recalled and that new folders
should be supplied which would be free
from the objectionable advertisement. But
(Continued on Second Page.)
WAGE TR0UBLESEEMS SURE
Coal Op. a tors Hold Off and It Is In
to Miners to Take Definite
Action.
INDIANAPOLIS. Ind.. March 17. The
scale committee of the national convention
of the United Mine Workers of America
ta today preparing a final report to be
submitted which will Incorporate recom-
endatlons as to the course to be pursued
by the miners under conditions caused by
the refusal of the operators of the central
competition district to meet with them in
Joint convention prior to April 1, when the
present scale expires.
Replies wire received early today from
the operators of Illinois, Ohio, Indiana and
western Prnaylvanla to the Invitations sent
by tho miners asking them to meet here In
Joint conference March 24. The Hocking
Valley operators sent word that they could
not accept such an Invitation until the
Illinois differences had been adjusted as
well as their own. The eastern operators
replied that they deemed 1 unwise to go
Into an Interstate conferenon until the dif
ferences between miners and operators had
been settled In the other states. The west
ern Tensylvanla operators announced In
reply that they were not ready to enter
Into an Interstate conference until local
differences have been adjusted. The In
diana operators announced they would go
Into a conference If the others would.
The position of the Illinois operators re
mains the same. They want their local
differences adjusted before any Interstate
conference will be s greed to.
The scale committee, It ts understood. Is
divided upon Its report. The minority re
ports may be submitted tomorow and a con
test on the floor of the convention. A
majority of the committee. It Is reported,
will favor the reaffirmation of the present
wage scale and will favor signing this scale
by dlptrlcts or by Individual operators. A
minority fnvors further efforts to rehabili
tate an interstate wage agreement which
was Interrupted two years ago.
PITTSBURG, Ta., March 17. That there
will be a suspension of work April 1, when
the wage scale between the miners and
operators expires. Is the general opinion
among tho miners of the Pittsburg dis
trict. The refusal of the western Pennsyl
vania operators yesterday to meet the
miners in Joint conference Is taken as a
positive Indication that the Interstate agree
ment, which was broken two years ago,
will not be renewed, for the present at
least . and that a suspension cannot be
prevented.
M'NUTT COMES TO OUAHA
Man Who Quit Pnlplt for Common
Labor Will Be Here Eight
Days.
Through an arrangement with the Men's
club of the First Congregational church
and the officers of the Young Men's Chris
tian association, arrangements have been
mado for the "Dinner Pall Man," George
L. McNutt, to spend eight days In Omaha,
beginning next Sunday.
He will address the Young Men's Chris
tian association Sunday afternoons and
Monday evening. He will speak at an open
meeting of the Woman's club at 3 p. m.
Monday at the First Congrega'ional church.
He will meet the representatives of the la
bor organizations of the city at the Labor
Temple Sunday at 2:30 p. m.
In the afternoons Mr. McNutt will speak
on "Practical Life Problems" at the First
Congregational church, and Tuesday and
Wednesday evenings at the same place on
somo of tho social problems. Thursday
eevnlng he will give the address at the
semi-annual banquet of the Men's club, and
Friday ho will speak at 11 o'clock at
Boyles Business college.
Arrangements are also being made for
shop meetings at the noon hour.
Mr. McNutt Is a Princeton graduate. He
was the pastor of a large church in Indian
apolis. He resigned his pulpit and hired
out as a common laborer, and for four
years earned hih living by the sweat of
his brow and studied social problems at
short range.
His subjects are as follows:
"The Otheer Fellow.''
"The Dinner Pall Man."
"How the Other Half Ought to Live."
"The Saloon as a Social Center."
"Crimes Against Criminals."
"Foods That Feed."
"The Kitchen Route to Social Redemp
tion." "Why Pews Are Empty."
All the addresses will be free.
FLOODS RAPIDLY RECEDING
Conditions that Have Prevailed
Northwest States Change
for Better.
In
TACOMA, Wash., March 17. Reports
from all portions of the territory threatened
for forty-eight hours with floods, indicate
that the swolleK rivers are falling.
DEATH RECORD.
Theodore Williams.
Theodore Williams, an old resident of
Nebraska and Omaha, died last night after
an illness of several months. The funeral
will be held from his late home near Ben
sn at 10 o'clock Tuesday morning. Inter
ment' at Forest Lawn cemetery.
Mr. Williams,, who ws 9 years old, was
a native of Massachusetts, but came to
Nebraska forty-one years ago, settling on
a homestead In Dodge county, not far from
Fremont. He lived on his farm for fifteen
years, and then came to Omaha, engaging
with The Bee as city circulator In 1881.
This position he held until 1894, when he
went to his fruit farm near Benson and
engaged entirely In the pursuit of horticul
ture. In his chosen line of work Mr. Will
lams achieved some remsrkable success.
His methods of grafting have become fam
ous, and some of his achievements are
nearly as well known as those of Luther
Burbank.
Something more than a year ago Mr.
Williams began failing In health, and for
several months he had not been out.
His death was not unexpected. His wife
and eleven children survive him.
David I.affler.
NEBRASKA CITY. Neb., March 17
(Spectal.) David Laffler. who has been
a resident of Otoe county for almost half
a century, dfspped dead Sunday noon while
sitting at the table tating. Mr. Laffler
was born In the east, and at the breaking
out of the civil war he enlisted as a tele
graph operator and served faithfully. It
was while thus engaged he formed the
friendship of the late Edward Rosewater.
which lasted through life. A few yesrs
ago when meeting of the war tele
graphers was held In the south Mr. I.afflrr
was on the same train with Mr. Rosewater
and on his return delighted to tell how
those two recounted the experiences of
their early days. Mr. Laffler was 78 years
old. He lived for many ears In Rock
Creek precinct, but abandoned farming
several years ago and. lived a retired life.
He leaves one ton.
BURLINGTON CASE UP
Attorney General Thompson and Dep
uty Host Argue for State.
MR. HUGH AND EVARTS FOR ROAD
One of Most Important Cases Sub
mitted to Court in Yean.
INVOLVES POWER OF STATES
Vital to Speedy Enforcement of Laws
of Commonwealth.
FULL COURT HEARS ARGUMENT
Rill PrrmlttlnsT Omaha Indians to
Prosecute Claims Stands Rood
Chance of nelnsr Enacted
Into Law.
(From a Staff Correspondent.)
WASHINGTON, March' 17.-(Speclal.)-U
many respects the most Important case
that has been argued In the supreme court
of the I'nlted States since the passage of
legislation affecting railways. Involving the
whole question of whether a state has a
right to make railroad rates and to en
force them In the stato courts, was
presented to the supremo court today In
the case of ex parte Nebraska. In this
presentation South Carolina, North
Carolina, Virginia, Georgia and Tennessee
are peculiarly affected, because through
different proceedings they are attempting
a solution of the same problem. Nebraska,
however, took the first and easiest way of
arriving at a conclusion whether Its state
supreme court had a right to decide upon
the legality of rates fixed by Its railway
commission.
It was shortly after 2 o'clock when the
case of the state of Nebraska was called
against the federal district Judges upon
application for a mandamus transferring
the suit brought by the Commonwealth of
Nebraska against the Burlington railroad,
back to the state courts. Attorney
General Thompson, who opened the argu-
by the court, all of the Justices being
present. In the development of his argu
ment Justice White, who was Interested,
asked the attorney general? "What a
court should do If the attorney general,
proceeding to prosecute offenders under
a void statute, whether the attorney gen
eral could be Interfered with by. a
federal court In such prosecutions."
Thompson Makes Hit.
Attorney General Thompson brought a .
laugh from the whole court when he naked
to be excused from answering that ques
tion because he understood that a case
from Minnesota on all fours with the
question asked by the JuAlce was now be- .
for-A the court, had heen srslled hut tin
decision reuuhed. He said that ha was
not here to prejudge the court. . .
The attorn-y general for Nebraska r
gued that the state, by the very turms
of its constitution, was coverlgn and had
authority to bring in its own name and
In its own courts an original action to
enforce Its own laws. (He argued that this
doc.trlnA was accented hv the arrest chan
cellors of England, by tho chancellory
court of that country and by the various
supreme cojrts of the I'nltuU States. He
Insisted that tho supreme court had held
In the Debs case and others that the
state as a sovereign might enter Its own
courts to enforce Its laws although It had
no pecuniary interest In the outcome of
such suits. It was at this point thut
Justice White Interrupted the attorney
general with the question abov referred
to which convulsed both court and bar.
Stand of Railroads.
Judge McHugh, representing the federal
district Judges, followed the attorney gen
eral and argued that officers of a state
and not the state itself were parties to
the proceedings, meaning that th rail
way commission 6f Nebraska was pri
marily Instigator of the suit: that
therefore the Burlington railroad, be
ing a non-resident corporation, the
suit was removable to the federal
court on the ground of diverse cltlxenshlp.
Judge McHugh contended that district
judges in rasslng on a motion to remand
a case to the state court exercised Judi
cial discretion which could not b con
trolled by mandamus and that therefore
the remedy of state officers was an
appeal and not mandamus to remand the
cause to tho state, courts.
Maxwell Evarts, representing th rail
road company, argued much along Similar
lints to Judge McHugh. He discussed dif
ferent opinions of the supreme court and
cited a case of In re Polllz, 20G United
8tr.tes. to sustain the contention of Judge
McHugh that mandamus was not proper
remedy
Assistant Attorney General W. B. Rose
closed fpr the state. He argued that the
power to regulate Commerce wholly within
the state was left by the constitution of
the United States lo the state Itself. That
the constitution of Nebraska conferred that
power on the stats, That the state and not
the officers had authority to exercise that
power, both by the enactment of laws and
the bringing of stilts In equity to enforce
them. Ho said the railroad companies had
defied the laws In the rase at bar and had
refused to put in force rates established by
the railway commission
Cites gome Condition.
Mr. Rose argued that an unlawful and
extortionate rate might be as effective to
Interfere with a rate wholly within th
state of Nchraxka us the action of a mob
or a, disturbance of organlxed labor. He
lltusuuted his point by citing a local con
dition. He said freight charges between
Nehawka and Lincoln were so high as to
prevent tjie marketing of apphs, which
froxe on tho trees by reason of the extor
tionate freight rate between those points,
while the people of Lincoln were eating
apples on which they were paying frcUht
from New York.
"The power being In the state," said Mr.
Rose, "did not Milft to the attorney gen
eral or the railway commission when re
sistance of railways was put to the su
preme test."
Mr. Rose rested his argument on the Debs
caw, wherein the United State procured
an Injunction against Debs and other rail
way union officers from Interfering with
interstate commerce.
Benatur Hrown, who listened throughout
to tho arguments of the attorneys, sa d It
was an aide presentation of the case on
the part of the attorney general and hi
deputy; tt'H'. It brougl't the whoie subject
bcf re the court and he wculd rot clumo
the !ss'.:h if lie c.ulfl, believing that the ap
plication for a writ of mandamus was the
simplest and moat effective remedy in the
premiers.
The tm authorizing th Omaha trio of