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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 16, 1908)
The Omaha- Daily Bee VOL. XXXVIII NO. 2i. OMAHA, THURSDAY MORNING, JULY 16, 1908 TEN FAGES. SINGLE COPY TWO CENTS. CASH FOR TICKETS Railroads Cannot Trade Them for Anything Else. ADVERTISING CASE IS DECIDED Tudg-e Kohlsaat Holds Exchange Con tract Are a Discrimination. BASTES. BASIS IS ALLEGED Transactions Would Be Limited Only by Demand. IAYS ACT OF CONGRESS IS PLAIN tlallnit Made In fue of New Tork Publishers Who Challenged Hep barn Art's Validity on Point. CHICAGO. July li. "If It be lawful to make the exchange of railroad transpor tation for advertising, than It would be law ful to do tha same In every transaction, and the railroad business might lawfully bo come one of barter and sale, limited only by tha demand." In a decision handed down today by Judge C. C. Kohlanat In the United State circuit court, from which the above la quoted, tha Jurist enjoined the Issuance of transportation by the Chicago, Indianapolis & 1oulavllle Railway company to the publishers of Munsey's Magsslne In ex chenge for advertising. The decision was rendered In a test case In which the fed eral authorities brought suit to prevent the carrying out of a contract entered into In January, 1907. between the railroad com pany and Frank A. Munsey A Co., provid ing for the Issuance of trip tickets and mileage to the value of $fiOO In consideration o.' certalojsdvertlsing space In the publi cation of the magazine company. The contract was alleged to be a violation of the Hepburn law. The petition charges that the action of the railroad company In Issu ing such transportation constitutes a vio lation of the prohibition against the ac ceptance of any compensation tor transpor tation "greater or less or different," from that named In the published rates. Tha railroad company Insisted that It received a full money value based on schedules for the mileage or tickets Issued and denied that was committing a violation of the law. O cation of Compensation. In passing upon the question of com pensation the decision says: The Question as to tha value of the ad vertising Is a contested one. Manifestly there can be no fixed price placed upon It. The number of copies Issued, the character of Its subscribers, and very many other questions enter into the estimates of Its worth. It Is, therefore. Impossible to say what Its Cash market value Is except by comparison with other advertising rates. It cannot be said that the evidence la con clusive or even convincing on this point If It Is taken at Its cash value why should the transportation be limited aa specified In the contract? If the magazine Is paying $600 to the defendant why does It accept transportation both of laas and different value than It would accent if It bought Us tickets with money. It seems fair to conclude that either the advertising Is of leas than cash vslue or the advertisers sue grossly Imposed upon by the railroad. After "citing eeverel decisions rondered In somewhat similar cases, Judge KoUsaat says: It will be noted that the contract doot riot require that the advertising must have been lurnlHhed before the transportation is given. There Is no restriction upon the advertiser to call fr his railroad tickets only so fur as earned, lit the mere matter of lnterst the rate would be less and different from that which is published.. Intent of Congress Plain. There U no mlstakli-g the trend of the luw making and construing powers. Every l.ow step la tending toward a moat rigid enforcement of t ha rule that requires exact equullty In the mutter uf rates. When by the liopburn act the word "'different." was adoed to the words "greater or lees" It is nut unfair to assume tnat congress intended to make the law more explicit and more difficult to evade. The plain intention Is to cloto every avenue against discrimina tion. Hearing this In mind the courts have rut been and will not be disposed to hesitate in giving significance to changes In the language of the statutes as they occur from time to time. It Is essential to the arlnt of the statute thai the value of transportation be fixed and certain. In uo otnwr way can it be held to be exactly the tame to all. It uie pciKon may purchase It with adver tising, another with labor, and another with produce, the value of which It it matter of agreement btsiween the parties, how can It bt said the schedule rate Is always maintained Woulid net the rate rial In the whiiu of the carrier? Such la ol the Intent of the lew. To sy to one nan "you must pay cash" and to his com petitor, "you may pay In aervlcos or merchandise at prices we may agree upon be it leas or more than the market pricee." would ttttii clearly to conatllute such a dlf Icitnco In transportation as Is condemned by the act bene claim Is made that tho governments contention would exclude the use o clucks aid drafts and bills of ex change,. This is without weight. In prac tical business usage these Instruments pass fur caau. The action of tho defendant Is in Jlssonanco with the letter and spirit of the Interstate Commerce act. Notice of an appeal to the United Btates supreme court 'was at once given by at torneys for the railroad company. K. C. SALOON MAN GETS FINED After Aeaaalttnar Reporter Ho Aomin Threatens Hint sail ia Held In Jail. KANSAS CITY. July 15. Jack Gallagher, a saloon keeper and political leader in a lower river ward, was fined $1,000 In police court here today for disturbing the peace and was held without bond. Two weeks ago Gallagher brutally asaaulted Albert King, a reporter on the staff of the Kan ' saa City Journal, causing probably perma nent Injuries, and for this he was Indicted by the grand Jury. Today he gained ad mittance to King's house, where he lay sick, and again threatened him. He was arretted. GED0ES SECRETARY OF BOARD Prcslelent ItoaMTtll Nnnaea Managers lor Alautlut-i navon-ParlSe V.x poet 1 1 on nt Seattle. WASHINGTON, July 15. President Roosevelt has appointed the following L'nitod States government board of man agers of the Alaska-Yukon-Paclflc expo salon to be held at Seattle, Wash., next year: Assistant Secretary of the Interior . K. Wilson. W De C. Ravanal of the Na tional museum. W. M. Geddes of the Treasury department, secretary and dis bursing officer. Congress appropriated SO-o.OOO for the government and territorial exhibit and for necessary government buildings at the exposition. Amnlgaaaated Dividend. NEW YORK, July 15. The directors of the Amalgamated Copper compsnv todav declared a regular quarterly dividend of an awu r share. SUMMARY OF THE BEE TkaradnTi July 1. lOg. 1908 -LfcLr-o sr: ao'C ttz, nfa nru' 1908 m sr 3 4 10 11 1Z 18 24 25 31 1 2 Z 4 i A lb 20 CATHIB. t I!luffs and Vlclnlty- For Orrt Fair Thus. For ,Nbi a FRlr Thursday. For Iowa Thursday local showers and rooler Teniperatnre at Omaha t Hour. Deg. DOMESTIC. Modern Woodmen of America has filed suit against receiver of defunct bank at Charlton, la., and other institutions for $4i0.755.49. Page I Message from New Tork to Chicago by relays of boys of the Young Men's Chris tian association starts on Its way. Page 9 Prohlbltlonlrts are aroused by the speech of the temporary chairman, Robert Pat ton, who is being boomed for the presi dential nomination. Page 1 Judge Kohlsaat decides that railroads under the Hepburn act may not dispose of transportation for advertising. Pag 1 The completion of the Milwaukee road to the Pacific coast will take more money than has been counted on, though the man agement says this Is provided for. Page 1 The death of Mrs. Clifford Hartrldge of New York Is now fully explained. f Page 1 W. M. Geddes of Nebraska Is made sec retary and disbursing officer of govern ment board of the Alaska-Yukon-Paclflc exposition. Page 1 Ute Indians decide to go back to the reservation In Utah. Page 1 Weather bureau predicts rains generally over the corn belt, beginning today. Page 1 W. J. Bryan decides to go to Chicago for the meeting of the subcommittee to decide upon a chairman of the national committee. . Page 9 Governor Cummins will not be ready to fill campaign engagements until Septem ber. Page fl American fleet Is nearlng Honolulu. Pag 1 Situation at Marshalltown becomes acute following the murder of one of the strikers. Page 1 Invitations to members of the national committee have been sent out to attend the Taft notification In Cincinnati. Page I South Dakota republicans adopt a pro gressive platform. Page 1 Vice President Fairbanks will preside at a nonpartisan meeting welcoming John W. Kern of Indianapolis to his home ttftt.T the nomination. Page 1 Gas explodes In mine shaft at Pottsvllle, Pa., and kills seven men, injuring many others. Page 1 rouias. Count Zeppelin's airship sustains another accident and the long trip will be post poned at least a week. Page 1 England and Sweden are prominent in the competition at the Olympic games, each winning events. Page S Results of the ball games; SFOBT. 6 Lincoln vs. Omaha 1. 1 Denver vs. Sioux City 0. 8 Philadelphia vs. St. Louis 1. 11 New York vs. Chicago 0. 7 Cincinnati vs. Brooklyn t. 3 Pittsburg vs. Boston 2. 6 Detroit vs. Boston 1. ' 3-2 Chicago vs. Philadelphia 1-7. 16-3 Cleveland vs. New York 1-2. Z Washington vs. St. Louis 2. 6 Kansas City vs. St. Paul 3. 13-2 Columbus vs. Louisville 4-0. i Minneapolis vs. Milwaukee 1. 2 Indianapolis vs. Toledo 0. Page 9 COMatEaXCIAL AMD UTDUBTKIAL. Live stock markets. Page 7 Grnln markets. Page 7 Stocks and bonds. Page 7 MOVEMENTS OP OCEAN STEAMBHIPS. Pnrt. NEW YORK NKW Y'RK NEW YnllK NKW YORK NEW YORK TRIESTB... ArrUm. Silled. Klr Wllhflm...K. P. Wllhelm. C. K. Tltijf n. Allr.. Argentina. K. V. Cecalia. BREMEN' Luc.nl.. BOSTON KrL.l.od, QI EKSSTOWN.. Br.iiU. Ql EENSTOWX... Columbia. fiENOA Ilo-m.n. VENICE Mewbt. Irernli FAIRBANKS TO WELCOME KERN Vice President M ill Preside nt Meat tngr in Indianapolis to Retarn t'oniallment, CHICAGO. July 16 John W. Kern, demo cratic candidate for the vice presidency, ar rived here from Lincoln. Neb., on hla way home from the Denver convention. He announced tbat national headquarters would soon be opened in this city. Mr. Kern was accompanied, by Thomas Taggart. chairman of the democratic na tional committee, I'rey Woodson, secretary, National Committeeman Green of Rhode Island and others. The party will leave at 1 o'clock this afternoon for Indianapolis, where his townsmen nave prepared a fitting welcome for the vice presidential nominee. It is to be a nonpartisan affair. Vice Fresident Fairbanks having consented to act as chairman of the meeting, thereby returning tho compliments paid four years ago by Mr. Kern, when he presided over a Minllar gathering In honor of Mr. Fair banks. RAIN FOR THE CORN BELT Weather Bureau Predicts Copious showers in This Section of Country Thursday. WASHINGTON, July 15 -The weather bureau today Uaued a special forecast pre dicting rain In the corn and wheat belt and In the Ohio valley eastward. The fore cast follows: A btromelrlo depression that now covers the RoCVy mountain districts will move over th plau-s Thursday, cross the ceu iral valleys and lake region Friday and naturday and reach the Atlantic states Saturday night or Sunday, preceded by rlnng tnmpvrsture. attended by local rains and thunder storms and followed by two or three days of fair and cooler weather. This depression will oauat rain In the corn and wheat belt and also rather copious rains In the Ohio valley and tha middle AUotio and New Etiglu4 at too. V,.-Ur YT7 0 a. m 67 $&-VrV " 69 A-&ayJ 8 a. m 70 . i, jCS 9 a. m 73 " 10 m 78 11 a. m 80 r tfy, 1 P- m M 2 p. m M 3 p. m S6 PR0I1IBS CET UNDER WAV National Convention in Session at Columbus. TEMPORARY CHAIRMAN SPEAKS lionet T. Patton Criticises Leading Parties for Tbelr Attitude on the Liquor QueatlnnDlsr for Bryan. COLUMBUS. O., July 15.Tr.ere was every probability before the prohibition na tional convention met today that the first place on the ticket would be filled as the result of a free" fight among the delegate. It had been the understanding among the greater portion of the delegates that the presidential nomination would be given to Judge Seaborn Wright of Georgia If he would tako the place. Vp to this morning, however, no intimation had been received from Judge Wrleht to the effect that he Intended to accept the honor. An hour before the convention opened Charles R. Jones of Illinois, chairman of the national committee, declared If word was not soon received from Mr. Wright, announcing that he Intended to tako the rlaco, tho matter would be left entirely open. Under these conditions Charles Scanlon I of Pittsburg. Joseph P. Tracey of Detroit, Fred W. Wheeler of Los Angeles. Daniel R. Sheen of Peoria, Alfred ! Manlerre of New York and Joshua R. Levering of Baltimore were most prominently men tioned. The later gentlemen, who led the party In 1598, Is strongly favored by many of the delegates. Temporary Chairman Speaks. The convention was called to order at 10 o'clock. In Memorial hall, by Chairman Jones. The Invocation was offered by Rev. H. A. Thompson of Dayton, O., and Robert H. Patten of Sprlnfleld, III., was announced as temporary chairman. Ills address was an arraignment of the dominant political parties for their position with respect to prohibition In the course of which he sharply criticized W. J. Bryan's attitude. He closed with the statement Abraham Lincoln stood for prohibition of the liquor traffic, but that the political parties of to day are In league with the "enemies of our country." Following the address of Mr. Patton the roll of the states was called for the an nouncement of the various committees. An address of welcome to the delegates was delivered by Prof. A. 8. Watklna of Ada, O., to which a response, was made by W. P. Ferguson of Chicago. Sessions were scheduled for this'1 after noon and tonight and It was believed that the entire work of tho convention with the exception of the nomination of a presl dentlal ticket would be completed by to morrow. The decided impression made by the speech of Temporary Chairman Patton, re suited In an almost Immediate movement to make him the presidential nominee. The Indiana delegation inaugurated the boom. MODERN WOODMEN FILE SUIT Fraternal Order Seeks to Recover I.araj Ram Deposited With ' " Bank nt Charlton, law DEB MOINES, la, July 15 The Mod ern Woodmen of America filed a suit In the federal court here today for $420,755.49 against James H. Jamison, receiver of the First National bank of Charlton, la., and L. O. Murray, comptroller of the cur rency for the United States government. The petitioners demand a sum of (350,000 cash, that was deposited in the bank, with Interest from December 7, 1907, and a Hen of S70.756.49, making the total 1420,755.49. The suit also Involves the First National bank of Chicago, the National Park bank of New "York City, National Bank of the Republic of Chicago and the National Bank of Commerce of Kansas City. The action grows out of the Insolvency of the First National bank of Charlton, depository of the Modern Woodmen of America. The Insolvency was caused by the defalcation of Frank R. Crocker, Its cashier, vice president and director, to the extent of nearly $1,000,000, which was later followed up by the banker's sensa tional suicide. When the bank went Into insolvency James H. Jamison was appointed receiver, and with the co-operation of government officials commenced to settle up Its af fairs. As the fraternal order had $350,000 cash on deposit In the bank the order was Immediately allowed the amount in full, but the order to this effect was rescinded on the first day of the present month, which resulted in the filing of the suit to day. SITUATION BJECOMES ACUTE Murderer of Iown Ceutrol Strike Bound Over and Men Attack Strikebreaker, MARSHALLTOWN, I a,, July 15.-(Speclal Telegram.) W. D. Toler, the Iowa Central foreman who murdered George W. Davles, a company striker Monday night and who was whisked out of town to Eldora to pre vent possible, lynching, was returned here late last eight by the sheriff. Toler was ar ranged in police court this morning, waived examination and was held to the grand Jury without bond. Thomas Kane, a strike-breaker, was set upon, beat and kicked by the strikers last night, sustaining serious injuries.. No ar rests were made. INVITATIONS TO NOTIFICATION Secretary of Republican Committee Asks All Members to Attend. COLUMBUS, O., July 15-At the request of Senator William Warner of Missouri, the chairman of the committee appointed at the national republican convention to notify Judge Taft of the nomination for the presidency, John R. Malloy, the sec retary, sent out todsy to all the members of the national committee Invitations to at tend the nolfication meeting to be held at Cincinnati on July 28. FLEET IS NEARING HONOLULU Weather Continues Good and Vessels Proceed as I suel Xehraska Reported. HONOLULU. July 1. A wireless me. sage from the f'agshlp Connecticut received here at 2 30 this morning ssys that at S o clock last eight the Atlantic fleet was in latitude 24 degrees 10 minutes north, longt ture U2 degrees, 32 minutes west, a dis tance from Honolulu of JiO mile. The weather was fine. The Nebraska was reported, by wireless at I SO o'clock this morning. patrols exhibit in st. paul brlnera Hare Fine Weather to Show Their Tarlons Evolutions and Pageantry, ST. PAl'L, Minn.. July 15,-Perfect weather again greeted the Shrlners today hen they began another round of page antry. While the Imperial council was In aesslon, ,the Arab patrols gave exhibition drills at Lexington ball park. The announcement of Imperial Potentate Frank Roundy that no pr!a would be given, eliminated the competitive feature of the contest, but did not lessen the am bition of the patrol to give drills as nearly- perfect as possible. Twonty-flve patrols took part In the drills appearing In the following order: Moolah, St. Louis; El Kahlr, Cedar Rap- Ids; Ismalla, Buffalo; Almas, Washington; Molla, St. Joseph: Salem, Newark; Mo hammed, Peoria; Tangier. Omaha; Za Ga Zig, Des Moines; Aladdin, Columbus; May ho, Chicago; El Kalah, Salt Lake; India, Oklahoma; Sessotrls, Lincoln; Murat, In dianapolis; Moslem, Detroit; El Kurafeh, Saginaw; Zuhrah, Minneapolis; Paladin. Grand Rapids; Ararat, Kansas City; El Koran, Cleveland. Alerlho Boston, Aad, Duluth; Islam, San Fradclsco; Zenobla, Tofcdo. I Tonight the various tenis wUl hold re ceptions at their headquarters and a re ception will be given by srtate officials at the new capital. The Arab patrols and bands will parade In Minneapolis tonight. The Imperial council today elected the following officers: Imperial potentate, Edwin I. Alderman, Mnrlon, la. Imperial chief P.abban, Fred A. Mines, Los Angeles. Imperial assistant rabban, J. Frank Treat. Furgo, S. D. Imperial high priest and prophet, William J. Cunningham. Kaltimora, Md. Imperial oriental guide, .William Irwin. Wheeling, W. Va, Imperial first ceremonial mtutter, Jacob T. Barron, Columbia, S. C. Imperial marshal, J. Putnam Stevens, Portland, Me. Imperial captain of the guard, Henry T. Nledringhaus, jr., St. Louis. Imperial outer guard, Chsrles F. Over shlre, Minneapolis. Imperial treasurer, WlUlam 8. Brown, Pittsburg. Imperial recorder, Benjamin F. Rowell, Boston. The office of the Imperial outer guard was the only or.e for which there was any contest. The treasurer and recorder were re-elected. BOMB IN FASHIONABLE STREET First Explosion of This Character ia New York Aimed nt Wealthy Residents. NEW TORK. July 15 A dynamite bomb, exploding with terrific force early today in the areaway of a fashionable apartment house in West One Hundred and Fortieth street, hurled scores of the occupants from their beds, shattered many windows and threw the tenants Into a panic. A huge hole was torn in the cement flooring of the court where the bomb went off and consid erable other damage was done to the build ing. There were forty-two families living In the apartment house, but aa far as the police could learn none of them had re ceived threatening letters and the reason for the bomb-throwing la much of a mys tery. The only clue that the police have Is one furnished by av bell boy ri nearby apart ment homo.- He sold tbs.i tPiWwnitely bo fore the explosion he mi sitting on the front steps and saw three men pass. They were carrying a small bundle and walked in the direction of Watts' court, where the bomb later exploded. The boy said he did not see the men enter the building, as a passing milk wagon shut off his view, but a moment later he heard the crash of the explosion, the force of which threw him from his chair and an instant later three men ran swiftly down the street and dis appeared. Although the police were notified at once, it was half an hour before they reached the building. Almost directly across the street from Watts' court Is the old Watts' manor house, which Is occupied by Miss Mary B. Plnckney, 90 years old, one of the heirs of the Watts estate. The block In which the explosion occurred Is occupied by a number of high-class apart ment houses. Detectives working on the case say they have no clue to the perpe trators and that If it proves to be an at tack by members of the Black Hand It will be the first of the kind In New York di rected toward the wealthier class of resi dents. ACCIDENT TO GREAT AIRSHIP Count Zeppelin Again Forced to Post pone Effort to Remain Dny tn Air. FRIED RICSHAFEN, July !5-A further accident to Count Zeppelin's balloon this morning prevented the possibility of the twenty-four hour trip which was scheduled for today. The damage caused yesterday to the mammoth airship by a defect to the steer ing gear has been fully repaired and Count Zeppelin decided to start on his twenty four hours flight this morning. Following this program the balloon was brought out of Its shed at 11 o'clock. The crew mounted to their platforms and every thing was In readiness for a departure when the order to cast off was given. Respond ing to the maneuver, the bow of the ship rose In the air and the motors were started. Then, before sufficient way had been ac quired to permit of proper steering, a gust of wind blew the airship against the side of the floating shed. The side steering gear of the ship hit the walls of the hall, twenty yards of the outer rubber covered silk covering was torn away and the side propeller was bent. The balloon remained hanging in this position for ten minutes. Its bow In the air and Its stern resting In the wster. It was eventually freed from this position and towed back to the shed. An Inspection of the damage was made, after which It was announced that It would take a week to effect repairs. Consequently, the long flight will have to be postponed for at least seven days. PRINCE IS OFF FOR QUEBEC Bails Front Porttmouth With Suite To Be Present at Canndlnn Fete. LONDON. July 15.-The prince of Wales and his suite sailed from Portsmouth to day on board the Indomitable, Great Brit ain's neweat cruiser battleship, to attend the forthcoming fetes at Quebec In honor of the founding of that city 300 years ago. The earl of Dudley and Sir Francis J. 8. Hopwood are traveling with the prince. There has been some talk of the Indomlr table, which is capable of doing 7 knots an hour, trying to give the transatlantic liners a new record to emulate but It Is understood that If anything In thia direc tion Is attempted It .will be ou the. return Journey. DRY GOODS MEN WIN FIG11T Jobbers of Missouri Valley Save Hun dred Thousand Dollars Yearly. OMAHA ABOUT ONE-THIRD OF THIS John L. Webster and E, J. McVann Estimate These Flanrea to lie Me.alt of l-.er.t.t. Vo. - tnerco Case. Omaha wholesalers and retsllers will save $:0,OX) and Missouri river Jobbers $100,000 a year as a result of the Missouri river dry goods Jobbers' esse which was fought to a successful finish before the Interstate Commerce tommission. John L. Webster was the attorney and E. J. McVann the traffic expert, and thee figures sre their estlmutes. "The only question Involved In the case was whether the through rate from the At lantic seaboard to the Missouri river should not be reduced end when we forced a re duction we hjtve won a most substantial victory," said Mr. Webster, attorney for th Mirsourl Valley Jobbers' association. "The reduction which te tried to get only applied to the division or apportionment of rate from the Mississippi river as division point to the Missouri river. This wss cles:red be cause on all Atlantic seaboard shipments the apportionment of rates was made cn the mileage basis from the Atlantic sea board to the Mississippi river. GaTe st. I.oaia the Edge. "It wss that mileage bafls or low rate which gave St. Louis the advantage over Missouri river towns. The effect of the order of the Interstate Commerce commis sion was to allow the eastern roads to retain the same proportion of the througn rate, but to require the railroads from Chicago to the Missouri river cities to re duce their proportion of the through rate from the Atlantic seaboard to the Mla souri river towns 9 cents per 100 pounds on first clsss and a like ratio on other classes, or a uniform reduction of 15 per cent of their present charges. "The Jobbing houses, plaintiffs .In the suit against the railroad companies, buy their goods of manufacturers or Jobbers at the Atlantic coast towns or from the New England mills which have the benefit of seaboard rates and these all get the benefit of this reduction. "The reduction In freight rates will save to all the Jobbing houses at Missouri river points in freight rates a sum equal to about 6 per cent on their entire freight charges and the amount of saving to the wholesalers who were parties to the suit will' amount to about $100,000 a year and all other Jobbers not parties to the suit will obtain a like benefit in the same ratio." Saving; for Omaha, According to Mr. McVann, basing tha saving orr tho tonnage to Omaha from the east during 1906. the saving, when the new rates is applied, . Is more than $30,000 to Omaha. The following shows the tonnage per arjnum In each claea and the reduction per ton under the new rates: Tonnage. 9.617 2.J.90 4.429 S.7S2 3.521 Class. 1 2 3 4 t Reduction. $1.80 $1.35 $1.05 .SO .63 Saving. $17,310 $3,901 $4.6a0 2.i" $2,323 Total saved in one year , $30,396 The reductions apply to many kinds of merchandise and will b of particular benefit to dealers In dry goods, boots and shoes and the higher class freight. According to Mr. McVann, the reduction secured should be considered a victory for Omaha. "I fail to see how this reduction can be Interpreted as a victory for the Twin Cities when It Is "all to the good for us," he said. Rested on Three Points. "We rested our case on three points We claimed that the rates to the Missouri river were excessive and the commission sustains that. We claimed that they were discriminatory and the commission sustains that in principle, but not as to the extent of the discrimination. The commission holds that the Twin Cities are entitled to the benefits of water and Canadian rail rood competition and that those factors result In giving them lower rates. Finally we claimed that the rates from the sea board could not be reduced without re duclng the local rates from Chicago and other Intermediate points. It was this point that was most bitterly contested. The railroads brought all their Ireavy ar tlllery to bear on that argument and per suaded St. Louis and Chicago Jobbers' or ganlzatlons to train their guns on us as well. Now, we understand the commit sion has decided that these reductions shall apply only on the through Atlantic sea board business. Proving; Rnte Exceaalve. "Any man who has attempted to gather evidence In a big freight rate case can realize the obstacles that are in the way of proving that a particular rate Is ex cessive. I spent many hours working on that point alone. After having put In all the evidence I cquld gather, though It was discouraging to hsve men In the railroad world as eminent as George Crosby of the Burlington and Vice Presl dent Blddle of the Rock Island get on the stand and swear that they dldnt know whether their rates were profitable or not or even compensatory, leaving It to be Inferred that my evidence was all guess work. But when the commission was 1m pressrd enough with that evidence, to de cide that we had proved certain specific rates to le excessive, It makes me feel that tha hours of hard work have not been Brn nt In vain.' FACTS IN HARTRIDGE CASE Wife of Thaw's Lawyer Subject to Nervous AtferttonDeafh From Meningitis. PITTSBURG, Pa.. July 14. Following an illness of ten days In the Homeopathic hospital, this city, Mrs. Clifford W. Hartrldge, wife of the New York attor ney, who defended Harry K. Thaw, died Monday from cerebro spinal menlnigllls. That same evening the body wss shipped to Canton, N. Y. to the home of her par ents. The superintendent of the Institution says she was brought there under sn as sumed name. Only after death was her Identity made known to the superintend ent. She was visited almost dally by her mother and brother who were with her when she died. Dr. Z. T. Miller, who attended Mrs. Hart rldge. refused to talk about the case. While much mystery surrounds the Ill ness of Mrs. Hartrldge, her death clears up the mystery of her disappearance from New York during the latter part of the Thaw trial. Her relatives refused to dis cuss her disappearance and friends said at the time that her married life was happy. The first publicity of her disap pearance followed a report to the New York police on October 6. It was at that time that Mrs. Hartrldge. had. developed a nervous affection. BRYAN PLANNING FOR FUTURE If Elected President to Seat Ice President With the 1'aMnrt. (From a Staff Correspondent.) LINCOLN. July IV (Special.) Mr. Bryan spent a portion of the day preparing the plans and specifications of a chair to be occupied by John W. Kern around the cabinet table. When he was asked If Mr. Kern would have a seat at the big table the candidate referred the Inquirer to an editorial published In the Commoner back In 1901. This editorial spoke of Vice Presi dent Roosevelt demanding more recognition from the president and the Commoner pplauded him for It. and said the vice president should be a member of the presi dents council and sit st the cabinet table. This means that Mr. Kern will be right In the push If Mr. Bryan gets to Washing ton. In the meantime, however, should Mr. Kern do something not to the liking of Mr. Bryan, the latter will be expected to order him away from the table or down out of the carriage as did Metcalfe's char acter In his book. This man bought a lot tery ticket. He and his family were figur ing on what to buy with the prize money they were sure to draw. A oarlage was de cided upon and when the announcement was made the two children began to fuss about who was to ride on the front seat: "Get right down off that seat." said the head of the house, "neither one of you can ride now." Mr. Bryan's talk about Kern nt the cabi net table reminded his listeners today of thta story of the lottery ticket. Again has Mr. Bryan expressed his disap proval of the way the republican national committee is managing Its campaign. He was asked this morning for a statement of his opinion regsrdlng the announcement of Treasurer Sheldon of the national com mittee that he Intended to publish the names of tho contributors to the campaign fund, after the election. He replied by saying: "Whst would you think of a, sheriff, who, when approached by a man whose horse had been stolen, said, 'You can't get your horse back, but I ran tell you who has It." Mr. Bryan has five engagements so far. His first trip away from home since his nomination will be made on July 24. when he win go to Chicago for a conference the next day wtlh the subcommittee of the national committee, which yesterday was authorized to select a national chairman and other officers. It Is now his Intention not to make any public speeches on that occasion. He will on August 12 express to the notification committee his surprise and approval of the Denver convention; on the occasion of the notification of Mr. Kern he will be In Indianapolis and on Labor day he will speak In Chicago. Theee are the only dates he has made at this time, but he may have others later. Returning delegates Iro mthe convention have begun to talk, and they are giving out the idoa that Mr. Bryan's managers are going to have trouble running th steam roller over Nebraska democrats. One of the stories brought back Is that the chairman of Mr. Bryan's Denver delega tion, Dan Stephens, went out of his way and made a plain tleup with the Union Pacific railroad to defeat Edgar Howard, who is a candidate for the democratic nomination for congress In the Third di trlct. In a Union Pacific folder advertising this rnwfl as the official Iln to Denver widely circulated In the Third district Is a picture of Mr. Bryan, members of the Nebraska delegation and of Senator Lattn, Jifflge Howard's opponent In the congres sional race. Under the Latta picture Is this inscription following the name: "Candi date for congress on the democratic ticket." The photograph of Edgar Howard does not appear. Preceding the issuance of the Union Paclflc-Dan Stephens-Latta campaign docu ment It was told here that Stephana gave out a statement that Howard would not be a candidate. Friends of Edgar Howard who have known him for years as the pack horse of democracy resent the action of Stephens in taking such an active part against Howard in the way he did,, under the guise of boosting Bryan. It Is reported on good authority that Mr. Bryan has warned Stephens not to crush Howard with the steam roler. It Is the opinion of democrats who heard the matter discussed at Denver that the action of Stephens and the Union Pacific in coming out so boldly for Latta will not only help Howard, but It sounds the death knell of democratic success In the Third district whatever the outcome of the pri maries. STEVE ADAMSJS ACQUITTED Western Miner Charged With Murder of Arthur Collins Found Not Guilty. GRAND JUNCTION. Colo., July 15. Steve Adams, member of the Western Fed eration of Miners, was aequltted of the murder of Arthur Collins this afternoon. After the clerk of the court had read the verdict Adams was ordered discharged by Judge Shackleford. Adams Immediately stepped to the Jury box and shook hands with each of the Jurors and thanked them for finding him not guilty. He also thanked the members of the Western Federation of Miners who are here for their support and encouragement during his long Imprison ment and trial. Adams left the court room with William Easterly, another prominent federatlonlat, and Joined Mrs. Adams at the hotel, where she had been staying .during the trial. No move was made to rearrest Adams on any of the other murder charges growing out of the Colorado labor troubles, and It Is said he will be permitted to go free, as the authorities are convinced of the Impos sibility of securing a conviction in any of the caaes. BOURNE RECONCILED TO TAFT Senator Who Insisted In Seeond Elec tion Term for Roosevelt Will Visit Nominee, HOT SPRINGS, Va.. July 15. Senator Jonathan Bourne, the original second elec tion term advocate, will be In Hot Springs In the nefcr future. His visit Is accepted as Indicating that he la a thoroughly rec onciled to Mr. Taft's nomination, although he consistently Insisted upon having a sec ond election term for President Roosevelt up to the hour the convention chose its candidate. The coming here today of Arthur I. Vorys, who has been placed In charge of the Ohio campaign, la accepted as Indicat ing that he regards the Ohio situation aa demanding prominent attention. Mr. Taft, aa usual, went over the golf links with George Ingalls and did not see Mr. Vorys until his return. Mr. Vorys slated that In his Judgment. Ohio Is perfectly safe for the republican ticket, but declined to enter into a further discussion of tha situation Id bis stain until be bad teen Judge Taft COAL MINE WRECKED Explosion of Gas Works Havoo ia Pottsville, Pa., Colliery. SEVEN MEN INSTANTLY KILLED Ten Others Overcome by Fumes Are Rescued.- ALL OF THEM BADLY INJURED All Victims Are Found Near Foot of Shaft. INTERIOR OF MINE BURNING Accident Is Believed To Be Due to One of the Men Llftlnat fiaasa From Ills Safety Lamp. POTTSVILLE. Pa.. July lS.-Seven mine workers were killed and ten others Injured today by a terrific explosion of gas In the Wllllamstown colliery of the Summit Branch Mining company In the lawer part of the anthracite coal fields. The mine was wrecked and set on fire. The explosion occurred In No. 1 shaft of the colliery and Is believed to have been caused by one of the men lifting the gauze of his safety lamp Just after an explosion of a shot which brought down a large body of coal. The explosion shook tho entire colliery. The work of rescue was immediately begun and when volunteers were called for almost every man at the workings offered hla services, which meant a hazardous trip into the burning mine. Near the foot of the shaft the Injured were found, they having rushed toward the entrance only to fall over unconscious. All of the dead were found a short dis tance from the shaft, battered and burned into an almost unrecognizable mass. The dead: JAMES BROWN. CHARLES RICKERT. JOHN W'HITLE. , BERKLEY. i STAUM. ARTHUR HAWK. UNIDENTIFIED MAN. Ten others were removed from the mine badly burned, and It Is feared several of them will die. All Victims Americana. The Wllllamstown colliery Is operated by the Susquehanna Coal company, and the employes who were In the Ill-fated workings were all residents of Wllllams town and Immediate vicinity. Almost all of them were Americans. They were at work In what Is known aa shaft No. 1 when the explosion occurred. Business places at Wllllamstown were promptly closed, and the residents of the town hurled to the culllery, about a mile distant. There were scenes of the wildest confusion as the women and children gathered about screaming and crying aa each body was brought to the surface. The storehouse of the culllery was con verted Into a morgue and under the direc tion of an undertaker the bodle were laid out before being removed to their homes.' Charles I. Prtoe of Lykens, mine Inspector of the district In which the Wll llamstown colliery Is located, In his annual report pronounced the mine to be gaseous. The colliery Is worked by five openings, three of them slopes and tha other two shafts. REUTERDAHL AT OYSTER BAY Marine Artist Who Criticised Navy Guest of President, with Others, OYSTER BAY, N. Y., July 15.-Th presi dent spent this forenoon with Henry Reu terdahl, the marine artist who accompanied the Atlantic battleship fleet on Its voyaga around Cape Horn and who made sever crltlciama of the battleships of the navy. It was the first time since Mr. Reuter dahl's return that the president has hal an opportunity to talk with him regarding naval mutters. With Mr. Reuterdahl cam John Williams labor commissioner of the state of New York. They arrived on the 10:11 a. m. train. On the uocn train from New York came a number of other guests of the president, among them several African travelers. The party included C. A. Moore, Arthur Moore, Charles rlcrlhner, W. F. Whltehouse, jr.. I'cr y Madeira, F. D. Mllet, Charles F. Brooker, republican national committee man from Connecticut; Major Edgar A. M.'iirs, U. S. A., and Henry Falrchlld Os born. All remained aa luncheon guest of the president. In the afternoon the president will de voto tome time talking with tha African travelers about their experiences In that country. ROAD WILL TAKE MORE CASH Five Mlllons Additional Will Be Re outred hy Chicago, Milwau kee A St. Paul. NEW YORK, July 16. The cost of tha Paclflo coats extension of the Chicago, Milwaukee & St. Paul railroad, which It Is expected will be open for traffic on July 1. 1909, will be about $5,000,000 more than the company originally reckoned on, it was said yesterday by ar. officer of the road. This additional cost Is due te the decision to run the road to a lower grade over the mountain divisions than was at first planned. The total coat of the project Is now put at $77,OuO,000. but, as $100,000,000 of preferred and common stork haa been Issued to provide a balance for future contingencies there will be no shortage of funds, notwithstanding the Increased cost. The Pacific coast extension of the St. Paul sat begun about two years ago. It Is 1,30 miles long and continues the read from tho former western terminus In North Dakota to Seattle and Tacoma on the Pan clfic coast. CUMMINS READY IN SEPTEMBER Iowa Governor Has Been Asked to Make Speeches la Nebraska Campaign. (From a Staff Corresj-ondent.) DE8 MOINES. Ia., July 15 (Special. )- Governor Cummins today notified the re publican state central committee of Ne braska that he will not be able to engage In Breaking for the republican ticket be fore September 10. The governor has been Invited by the Nebraska committee to open the tYmpalgn tn that state. He also baa Invitations from- the committers of Mis souri and Indiana and notified them all today that he could not deliver ay . ad dresses before September 10,