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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 11, 1908)
he Omaha Daily
VOL. XXXVIII NO. 73.
OMAHA, FRIDAY MORNING, SEPTEMBER
190S TEN TAGES.
SINGLE COPY TWO CENTS.
CLAUSE SPV ASIDE
lederal Court Hola , oditiet
Section of Hepburn';
JUDGE GRAY WRITES , V
Declare! It Invasion of Rights t
REPUGNANT TO CONSTITUTION
Court Calls It Drastic, Harsh and
JUDGE BUFFINGTON DISSENTS
Attorncr General Bonaparte Will at
Once A r ranee to Take Case
Before, the Supreme
PHILADELPHIA. Sept. 10. Declaring
It to be drastic, harsh and unreasonable
and an Invasion of the rights of the
stales,, and therefore repugnant to the
. constitution, the United States circuit
court for the eastern district of Penn
sylvania today dismissed the suite of
the federal government to enforce the
commodities clause of the Hepburn rail
road act against the anthracite coal carry
ing railroads of title state.
Judges George Or ay and George H.
Dalles filed opinions dismissing the suits
and Judge Joseph 11. liufflngton dissent
ing, but did not file an opinion. The
commodities clause prohibits railroad
companies from transporting In Interstate
commerce any article or commodity man
ufactured, mined or produced by them or
under their authority. The case was
Argued In June, 'United States Attorney
General Bonaparte delivering the princi
pal argument for the government. The
effect of the commodities clause. If con
stitutional, would be to confine the min
ing of anthracite coaj by the railroads
for use In Pennsylvania only, or compel
the railroads to sell all the mining prop
erty they are Interested In, either directly
or indirectly. '
It It almost certain that the case will
he appealed directly to the United States
supreme' court. '
Onlnon of Judge Gray.
The principal opinion was written by
Judge Gray, who was president of the an
thracite strike commission, has an Intl
. mate knowledge of tfte mining of hard coal.
Judge Dallas said, In his opinion, that It
could not be denied that the commodlt.es
clause was enacted "not actually fjr the
regulation of Interstate commerce, but
realy to coerce the conformity of Inter
State business wlthta 'policy' approved by
congress." ' i ...
Judge Gray In Ms opinion discussed at
great length the limitations put upon con
rtss by the constitution and concluded:
"From every point o'f view which we
have, been aulo to approach the question,
the unreasonableness and consequent In
validity of this so-railed 'commodities
cluu't opjjarwtU''. it, -Invades the rights
of the state, by striking down the Hbtrty
hitherto innocently enjoyed by Its cltlsena
under the lawa and usages of the' common
wealth to engage; in Interstate cimn eioj
to the fullest iv tent, as to all harmless
tinkles, whether owned or not owned by
the carrier and deprives of their property
these, defendants, contrary to the letter
and spirit of the fifth amendment to the
constitution. If the enactment In question
be warranted by the commerce claute of
the constitution It Is hard to jee what
bounds may be set to the exercise of that
power. It will Indued be an open door,
through 'which the forces of centralization
M'Jicrto unknown may enttr at will, r the
over throw of that Just balance between
federal and state pswtr, for wli'.cn the
makers uf the constitution so wisely pro
vlded, as an essential to the preservation
of our dual fern) of government.
"We confine ourselves to the concrete
facts presented by. the pleading In those
cases and Intimate no opinion cither way
as to cases where property has been ac
quired by the carriers subtequent to the
16 mage of tlu act. For the reasons stated,
therefore, these bills In equity are cl
mi seed and ttw petition for writs of ma it
damns on the law side of this court are
tli ult 0."
"Ample as Is the scope of legislative
puwir granted by the language of the com
merce clause, ar.d far as the supreme court
bus undoubtedly gone in . sustaining the
validity of legislation under it. We think It
may be safely said that no assertion of this
power hitherto, by congress, has been so
far-reaching or affected in so serious a do
pit the Individual liberty and property
rights enjoyed under the constitution and
laws of a state as the enactment we are
here considering. It is not to be denied
that the right to carry In Interstate com
merce coal which they own In whole or in
part, or which Is mined or produced by
them or under their authority, or by coal
companies In which they are stockholders
was, until the passage of the act In ques
tlon. lawful light of these defendants
that it was common right of property
whs neither denied nor disputed by the
common or . statute law of Pennsylvania
that It was g most Important property
right, the enjoyment and exercise of which
was neither criminal nor immoral and sub
ject only to say lestralnts Imposed upon
Its possessions by the 'common, or statute
law of the state or by the then existing
statutes of the United States, so far as
they were engaged In Interstate commerce.
"If In any manner and to any extent
whatever they have actually violated the
latter, surely they could be restrained, or
ether wise made amenable to the legal pen
allies In such behalf without crippling or
destroying a business In which they are
profitably and usefully engaged.
Infringement of Vested Right.
"To these defendants, thus Innocently
and lawfully engaged In transporting coal
which they owu. or are Interested in, to the
extent and under the circumstances here
inbefore set forth, comes this act of con
gress and declares that this whole busi
ness Is unlawful, and that future exercise
of a vested right of ownership, which
ney have heretofore and for long periods
of years enjoyed under the belief that it
waa an ordinary right of property enjoyed
Innocently by all citlsens of the slate alike,
and Inviolable as such a crime and punish
able as such. That this legislation Is
drastic and harsh, does not, of course, dis
pose of the question of power cn the part of
congress to enact It. The first inquiry to
be made, therefore, la as to whether this
legislation la a regulation of commerce
within the true meaning ef the commerce
'' clause of the constitution.'
The opinion dlacuases this point, quotes
many authorities and says:
"We may assume, therefore, that the
commerce clause of the consMtutlon la no
tCoctlnutd o Second Page.)
SUMMARY OF THE IiEE
Friday, September 11, lfOS.
OT Slptdizcps 1908
sn' w "to m' $2
-tr J 2 3 4 5
6 Z 8 D 10 11 12
13 14 15 16 1Z 18 19
20 21 22 23 24 25 26
ZZ 28 2930 - -
FOR OMAHA, COUNCIL BLUFFS AND
VICINITY Fair Friday: not much change
run NEHRA8KA-Oenrjally fair Friday.
FoK lOW A Generally fair Friday: con
Temperature at Omaha yesterday:
No election results from the senatorial
balloting at Des Moines. Fage X
W. J. Bryan makes reply to Speaker
Cannon In his addreas at Olney, 111., de
claring he Is worth only $150,000 and
asking the speaker how much he Is worth.
Secretary Taft Is visited ' by Senator
Foraker,. who-pledges anything he can
do In too campaign. Fage 1
Democrats of Houth Dakota' are caught
In a nice trap through their political
maneuvering with the primary law.
Marquette club of Chicago begins a cam
paign trip by boat on Lake Michigan.
The Standard Oil company answers the
request for rehearing of the government
in the big case In which Judge Landls
Imposed a fine of $29,000,000. Fags I
Resident of Kansas City, Kan., dis
covers gold In digging a cistern. Fage 1
Q. W. Fltxgerald, accused of the theft
of $173,000 from the subtreaaury In Chi
cago, has been released from custody on
the government refusing to furnish any
testimony. Fags 1
Four players were Injured in the first
foot ball game played at La Trobe, near
Pittsburg. Fage 1
President Roosevelt entertains a num
ber of distinguished visitors at Oyster
Bay. F&jre j
Premier Katsura announces a new pol
icy of retrenchment for Japan. Fag's 1
England launches new warship that Is
to be the largest of any of Its class.
One hundred and fifteen sailors of the
American fleet have been lout at Mel
bourne. - - . Faa-a 1
i V"ies iJavia, suspected of killtna
Dr. Fred T. Rustin and whom Dr. John
P. Lord says he saw coming In the di
rection from the Kustln home the morn
ing of the tragedy as he was hastening
to the relief of the dying man, will be
charged with murder In the first degree
and arraigned In police court this morn
iner. pare 1
Women collect $7,100 on tag day for the
Clarkson hospital, over $1,000 more than
they undertook to obtain. Fags 2
Lutheran synod of Nebraska Is In ses
sion at Hardy. Reports show the church
in a prosperous condition. Faa-a a
Results of the ball games:
1-2 Omaha vs. Des Moines 0-1.
4-14 Sioux City vs. Puelilu
2 Denver vs. Lincoln 1.
7 Chicago vs. St. Louis 2
6 New i'ork vs. Brooklyn 6.
Philadelphia vs. Boston 2.
J Cincinnati vs. Pittsburg 1.
7 Boston vs. Washington 1.
6 Cleveland vs. St. Louis 2.
6 Detroit vs. Chicago 5.
S Indianapolis va. Toledo-!
8 St. Paul vs. Milwaukee 3.
Minneapolis vs. Kansas Cltv 3.
COKMSXOlaX AJfD XsTBVMTXUAX,
JL.ive stock markets. , Fags 7
uraln markets. Fags T
chocks ana bonds. Fags T
MOTIsTEaTS OF OCXAS steambhxpb
NEW YORK Caroula
NIW YORK MaXttlc
...-Due d A brunt.
...K. W. derOroas.
FITZGERALD GIVEN FREEDOM
Clash Between State sad Federal
Amthorltles Resalts 1b His
CHICAGO Sept. 10 George W. Fitsger
ald. accused by the state authorities of
the theft of J1T3.0U) from the United States
subtreasury here, was fre.d by Juige Chet-
laln today. United States Subtreasurer
Boldenwick, acting on instructions not to
disclose evidence gathered by the federal
authorities, took the stand and refused to
testify. Judge Chetlaln thereupon ' dis
missed the case.
At the district attorney's office It waa
asserted that the evidence was lnsuffl
clent to convict. Thia was followed yes
terday by Instructions that federal em
ployes should not tuptlfy. Without this
evidence It was Impossible to show the
basic fact that a crime bad been com
No further court action is contemplated,
either by the state or federal authorities,
although the government agents, It Is
stated, are still working to discover the
VISITORS AT OYSTER BAY
President Roosevelt Entertains ' sa
ber of Prominent Bnsl-ne-a
OY8TBH BAT, N. Y.. Sept. 1.-President
Roosevelt's' visitors today Included Attor
ney General Bonaparte, Paul Morton, pres
ident of the Equitable Life Assurance so
ciety'; Uedlll McCormkk of the Chicago
Tribune, Lawrence F. Abbott of the Out
look, John Rldgely Carter, secretary of
the American embassy at London; Herbert
Knox cunlth. commissioner of corporations,
and Herbert Parsons, president of the New
York county republican committee. All
r guests of the (rteldent at luncheon.
- o a. m..
7 a. m..
1ctgt Gsmti g a. m. .
10 a. m..
Lf 11 "' m"
s p. m . .
"weflut 5 p. m. .
'via" h p. rrt . .
7 p. m..
1 8 p. m..
. I 9 p. m..
STANDARD OIL FILES REPLY
Resists Effort of GoYernment to Se
QUOTES FROM WORDS OF LAKDI3
Insists He Was Imposing; Penalty on
Parent Corporation and Net the
Standard Company of
CHICAGO. Sept. 10. Coursel for the
Standard OH company of Indiana, In an
answer filed today to the petition of the
government attorneys for a rehearing of
the appeM from Judge Landls' Judgment
fining the company $29,240,000 for violation
of the' anti-rebate luws, uphold the de
cision of Judges Grosscup. Baker and Sea
man of the United States circuit court of
appeals, reversing the Judgment and lift
ing the burden of the enormous fine, as
good law, amply Justified by tho record in
Point by point, the answer, which was
formally placed on record at the opening
of the office of the clerk of the
court, by Coknel R. W. Stewart, general
ttornry In Chlcugo for the Standard Oil
company, takes up the arguments of ttte
petition for rehearing, which set forth al
leged errors, and particularly suggested
that the upper court has erred In Its un
derstanding of what the trial Judge really
had said concerning the previous offenses
by the Standard. OH company of Indiana
or the Standard Oil company of New Jer
rey. Which Company Was Fined? '
In the petition for rehearing the review
ing judges are charged with assuming that
Judgo Landls. attempted to try and punish
the Standard Oil company of New Jersey
In the original proceedings, which were
against the Btnndxrd Oil company of In
diana. X)n this point the answer declares
It to be a . matter of no consequence
whether the trial court referred to the
New Jersey company or the Indiana com
pany aa not a "virgin offender.". "The
real point Is," says the answer, "did the
trial court In Imposing punishment, take
Into consideration the relation between t'le
Standard OH company of New Jersey and
the Standard OH company of Indiana, and
did it base Its fins upon the wealth of
the Standard OH company of New Jersey,
and Its ability to pay. Instead of upon the
wealth of the Standard OH company of
Indiana, and its ability to payT"
To determine this question the Standard
OH attorneys assert that a few sentences
extracted gy the government counsel from
the words of Judge Landls are not suffi
cient, and quote at length from Judge
Landls' opinion to show that he referred
to the New Jersey corporation as the '"real
defendant," and to the Indiana company
as the "nominal defendant."
The conclusion stated by the answer Is
that the enormous fine inflicted upon the
defendant was because of the ownership
of Its stork by the Standard Oil company
of New Jersey, and because the financial
standing of the latter corporation la beyond
dispute when the entire opinion of the
trial court is considered."
Copies of the answer of the Standard Oil
company Were served later In the day tin
the chief clerk In the office 6f United
States District-Attorney Sims.
Hearing; Mar Be In October.
Under the rules of federal Judicial pro
cedure, the government attorneys have the
right to file a reply to the answer to their
petition if they discover In It new matter
which they consider needs a rejoinder.
The answer -will be presented to Judges
Grosscup, Baker and Seaman of the United
States circuit court of appeals and will
probably be considered at the Octo"ber term
of court, which opens October 6.
It is not usual for the court to hear
arguments on a petition for rehearing
canes being decided on petition and answer
without oral argument unless otherwise or
dered by the court.
A request to hear argument from either
side could, under the rules, be honored
by the court. First' Assistant District At
torney James H. Wllkerscn said today:
"I am not In a position to say what
course the government will pursue.' Mr.
Sims has not returned from his vacation,
and whether we reply to the answer or ask
for oral argument, will depend on his de
cision after he reads the answer, which I
have not seen myself aa yet."
ENGLAND LAUNCHES WARSHIP
Largest Vessel In Navy Takes Water
at Portsmouth Will Be
PORTSMOUTH. Sept. 10. The St. Vin
cent, the largest and heaviest battleship
ever built for the British navy, was
launched successfully here today. A great
crowd saw the vessel take the water. As
the warship slipped from Its blocks It was
christened by the Countess Beauchamp.
The St. Vincent was laid down In De
cember of last year. It Is supposed ta be
of about 19.250 tons and its cost has been
given at $9,600,000.
BELFAST, 8ept. 10. The steamer Lau-
rentlc, the new White Star Dominion liner
for the British-Canadian service, was sue
cessfully launched here today. This vessel
Is the first liner to be fitted with a combi
nation of high pressure piston and low
pressure turbine machinery.
NEWCASTLE-ON-TYNE. Sept. 10.
What on laper at least Is the most pow
erful warship ever built was launched
here today for Brazil. When completed
this vessel will have a displacement op
proachlng 20,000 tons and will carry a
main armament of twelve twelve-Inch
guns, arranged as are guns on the bat
tleships now being built for Japan; in
other words, In such a manner that ten
of them can be fired simultaneously on
either broadside, eight In a line with the
keel ahead, and eight In line with the keel
astern.- It was christened Mlnaa Graeas.
GOLD FOUND IN KANSAS CITY
Man Dlcsrlngr Cistern Locates Ssvnd
Which Contains Precious
. KANSAS' CITT, Kan.. Sept 10 Gold
bearing sand which John Martin discovered
while digging a cistern at his home, 70
South Forest street, several days ago, has
been assayed and shows a value of U K a
ton. The estimated cost of mining is tS per
"But J. D. Morelind, the aMayer, told iu
much of the gold was lost by my unskilful
washing and that It might run twice as
much to the ton," said Martin. "I am going
to mine a larger quantity at once."
Woman Impersonate Ksa,
CHICAGO. 8pt. 10.-(Speclal Telegram.)
Saraphena Bchondeck was arrested here for
Impersonating a nun. She says her father,
who Is wealthy, lives In Omaha,
The. Omaha directory gives no residents
Uere of the name of. Schondeckv '
New Tor World.
KATSURA OUTLINES POLICY
New Premier of Japan Says Time to
Halt Has Come.
SEES WAY OUT OF DIFFICULTIES
Bnt Federal Government Msit Post
pone Some of the Enterprises
Upon Which It Has
TOKIO, Sept. 10. Marquis Katsura, the
new premier and minister of finance, out
lined a policy of rigid economy for Japan
in an address tonight before the Bankers'
club. He declared that the patriotism of
the people of Japan was as necessary now.
when economy was necessary to restore
credit and confidence, as during the Rus
sian-Japanese war, when he was foreign
minister. Upon returning to office, the
marquis declared that he had found the
economical and financial conditions of the
government as yet unrestored and it was
therefore absolutely necessary that the gov
ernment and people unite In a common ef
fort In the national interest.
Dealing with subjects In the Department
of Finance, the premier continued;
"Existing conditions show that the per
manent revenues are less than the perma
nent expenditures and therefore national
loans have been floated to meet the de
ficiencies, but the time has been reached
when the government finds difficulty in
borrowing the sums necessary for this pur
pose. Consequently It is time for the na
tion to call a halt In order to restore confi
dence. A complete balance between the na
tional Income and the nationul expenditures
must be effected.
"Since receiving my appointment I have
Investigated the situation thoroughly and
have determined, with the help of the en
tire country, to place Its finances on a
sound basis by effecting a compute re
adjustment of expenditures.
"Despite what I have already said, the
fact remains that the national finance la
still comparatively firm and It lias never
been so weak and unreliable as has becu
represented In some quarters. The situa
tion. If properly handled, presents no ele
ment of danger. The works undertaken by
the government cannot be altogether post
poned, but the period' for carrying them
out can be extended."
THESE MEN ARE STAR GAZERS
Two Scientists Will Spend Five Years
Catalosnlns; , Southern
SAN FRANCISCO, Sept. 10,-Wlth Prof.
Lewis Boss and Kobert Varnum of the
Dudley observatory at Albany, N. Y., Prof.
R. H. Tucker of the Lick observatory has
denarted for South America to undertake
the task of observing and cataloguing the
southern stars, numbering upward of Zo.OOO,
that are of merit In astronomical eyes. A
temporary observatory Is to be built in the
Argentine republic at San Luis, on the edge
of the Andean plateau, and here for four
or five years to come these scientists will
keep nightly vigil. The remote locality was
selected because of the clear nights and
the pure atmosphere. The expedition Is un
dertaken under the direction of the Carne.
gie Institution at Washington.
SAILORS FALL BY WAYSIDE
One Hundred nnd Fifteen Americans
Drop from Sight During; Visit
MELBOURNE, Sept. 10. The battleship
Kansas and the supply ship Culgoa sailed
this afternoon to Join the rest of the Ameri
can fleet at Albany, having been left be
hind to await the American mall and pick
up such sailors as wers left behind when
the fleet sailed. A number of men who
missed their ships reported to the Kansas,
arid patrols searched the city, but there are
still 115 stragglers unaccounted for.
Bishop Spalding Healarns.
PEORIA. Ill , Sept. 10. The resignation
of the Right Rev. John Lancaster tipeld
lng bishop of the diocese of Peoria, be
cause of continued ill health, waa offi
cially announced from bis residence to
day. The bishop Is now in his 6th year
and still suffers from paralysis which
bruusht him near to deata
' ,ss. ,nr-
WHO CARES FOR POLITICS?
CUMMINS - FOR ADJOURNMENT
lrgres His Friends to Yield to the De
mands of tho Stand
(From a Staff Correspondent.)
DES MOINES. Ia., Sept. 10. (Special
Telegram.) In a formal statement to the
republican caucus Governor Cummins today
usked his friends to accept the proporal of
the stand-patters to take a recess until
after election. He had rwt ' n,rpposed, he
said, that any republicans would actually
refuse to abide by their caucus, but they
have done so and made the election of a
STwetor Impossible at this time. . -
"The deadlock has become a matter of
grave party concern," he said. "I hava
hitherto yielded unhesitatingly to the ma
jority in order that the party welfare might
be promoted. I am willing to yield to the
minority to secure party peace and har
mony. . Far above my own ambitions, I
put republican success, and republican suc
cess Is now seriously menaced. I want
our party to win In the campaign now In
progress and no matter how unjust the
action of the minority seems to be I can
not allow my own views and my own In
terests to stand In the way of complete
In the Interest of party harmony he there
fore urged acceptance of the program of a
recess until after election. Tho final ad
journment was about A o'clock. A bill was
passed providing for payment of the mem
bers for the present session, but pro
viding that when they return In November
they shall get no pay whatever. The No
vemler session will be held November 24,
for the sole purpose of electing a senator.
A second ballot on senator resulted ma
terially tho same as Wednesday. Repre
sentative Kendall was not present and
Governor Cummins received one less vote.
The standpatters scattered their votes.
EVEN BREAK INJHEATER FIGHT
Court Orders Woodward and Shnbert
to Maintain Status Quo for
KANSAS CITY. Mo.. Sept. ID. (Special
Telegram.) For the next sixty days at
least, O. D. Woodward will be manager
of the Shubert theater at a saluiy of $50
a week, while G. II. Miller, a Shubert em
ploye, handles the money as It comes In
and leaves the box office. Eoth the
Woodwards and the Bhuberts wero placed
under restraining orders by Judge Pollock
of the federal court this afternoon and
each was given thirty days In which to
take depositions to be submitted In a case
to decide the validity of a contract made
between the two parties. The court's re
straining order Is directed against each
party, restraining it from violating the
terms of the contract. The attorneys for
plaintiff and defendant will agree tomorrow
on the text of an order satisfactory to
Judge Pollock. No bond was required of
either party. Judge Pollock warned both
factions not to make their own Interpre
tation of any part of the contract that
was not clear, lie said thnt he would
settle all disputes as to questions that
might arise In the next sixty days. '
The decision of Judgo Pollock, although
It does not alter the situation much, Is a
small victory for the Woodward forces.
The retraining order asked for by Wood
wurd was continued while the Shuberts
were expecting to make some headway to
ward dissolving the contract. The Bhu
berts, admit frankly that they are try
ing to have the contract declared Illegal,
so that they may again secure control of
OCEAN TRAVELHOLDS ITS OWN
This Season Nearly Equal to Previous
Year, Which Wns Record
Brenker. NEW YORK, Sept. 10. There waa no
reflection of so-called hard times in the
tourist travel from this port this summer,
for figures compiled up to last Uaturday
show that nearly 77.0UO persons went out
In the first cabins of the liners for England
and the continent. All the steamships now
departing have larger lists than at the same
time last year, which will swell ths total so
that It will fall but little behind last season,
which was ths top notch year In ths pas
Fells Head of Typothetao.
BOSTON, Mass.. Sept. 10. The Typo
theiae of America today elected B. Law
rence Fella uf Philadelphia trsMldeut.
ARGUMENTS IN EXPRESS CASE
State Bases Its Contention on Testi
. mony of the Company.
CERTIFYING RAILROAD VALUES
Amendments Both Ilecelve the En
dorsement of All Pnrtlen nt tho
. Expense Bills. .
(From a' Statf Correspondent.)
LINCOLN. Sept. 10. (Special.)-ln his ar
gument before Referee Sullivan, appointed
by the supreme court to take testimony in
the case brought by wie attorney general
to force the Adams fcix press company to
comply with the Sibley 2b per cent reduc
tion law, Mr. Thompson made his case out
of the testimony offered by the corporation.
He argued to the court that on the showing
made by the express company rates under
the Sibley law were not only not confisca
tory, but Instead were sufficiently remuner
ative to make a sufficient Income for the
The figures Introduced by the company
showed that for the month of June, 1908,
receipts from Intrastate business amounted
to S22,50.M, which Is 100 per cent of the
business done. Expense of operation on
Intrastate business amounted to $22,181.13,
or 98.5 per cent of the gross receipts. This
left a net revenue of $339.71, or l.S per cent
of the business.
Business for the entire system for the
year under the old rates was as follows:
Receipts from operation, $27,822,738.23, or
1W per cent.
Kxpense for operation, -,3as,3U).if, or vs.t
Balance, $466,393.06, or 1.6 per cent.
Thus It Is shown, the attorney general
said, from the company's testimony
That the net revenue on the gross Intra
state business for the month or June, 19U8.
is 1.6 per cent, charging to Nebraska 3.2
per cent too much on "general salaries"
and "general expellees," charging all the
taxes paid in Nebraska to Intra-state bust,
ness, and excluding the revenue received
from the money order business, and that
the net revenue on gross business, state
and Interstate, over the entire system, for
the year ending December 81, 19o7, was l.S
per cent, or only 0.1 of 1 per cent more
than the per cent of net revenue under the
new law for the month of June. 1906, on
Intra-state business In the state of Ne
braska. Terminal Tnx Valuations.
. Secretary Schavland has completed the
work of certifying out to the various county
clerks the assessed value of railroad prop
erty as fixed by the State Board of Equal
ization under the provisions of the terminal
tax law. The last batch was sent out to
day, Mr. Schavland having worked late into
the night to finish up the wrk. In nearly
every Instance the towns of Nebraska
have benefited under the operation of the
law and It has worked out Just as Its ad
vocates contended in the last legislature.
Amendments Are Popular.
The two constitutional amendments
have been carried by the republicans.
democrats, populists and probably by the
prohibition and socialist parties. In Val
ley county the democrats cast a majority
against the amendments, but so far as
the official returns show thla la the only
county which cast an adverse vote In any
party. Eighty counties complete' re
turned to the secretary o fstate give
Barton 9,930 and Alden 10.608 for state
auditor. The counties missing are:
Brown, Butler, Deuel, Douglas, Hayes
Holt, Polk, Rock, Thayer and Washington.
In the eighty counties returned Brophy
has received 11.310 and Cowglll 11.87S
for the democratic nomination for rail
way commissioner. For the populist nom
ination Brophy received 1.136 and Cow
Edgar Howard of Columbus was the pre
mier spender of the campaign, 14s account
reaching the sum of $.U In the fight for
tho congressional nomination against J. P.
Latta. The Columbus Telegram, Howard's
paper, got $S of these funds. The balance
was expended In railroad fare, livery, tele
phone calls, etc.
C. H. Aldrlch of David (ty spent $496.77
In trying to oust E. H. lilnshaw In the
Fourth district. His largest bill was $3X
por postage. In the 6econd district A. W.
Jefferls spent $312.99. a large part of it go
ing to newspapers for advertising. Ills op-
iConUnued on Second Pag.)
Gravest Charge Will Be Preferred
Against Charles E. Davis.
ARRAIGNMENT COMES TODAY
Dr. Lord Saw Man Like Davis Morn
in of Rustin Tragedy.
MET HIM ON WAT TO PATIENT
He Was Going East on Farnanf, as Dr.
Lord Was Hastening West.
VITAL ELEMENT IN THE CASE
Magnifies Importance of Davis' and
Rice Story of Death Pact
ALIBI DEFENSE OF THE SUSPECT
Fred Davis Says New Evidence Will
Clear His Brother.
FAMILY FOUND IT YESTERDAY
"When We Make This Known the In
nocence of Mr Brother Will
Be Established," Is
VITAL STEPS IN THE CASE.
County Attorney BngUsn announces
ho will file chart of murder la first
degree against Charles Z. Davis this
morning and )ave htm arralgnsd la
Sr. John F. lord says as he was
hastening to HUstla horns at 3)30 on
morning of tsptsmbe a h met a
man oa Tarn am street coming la ths
opposite direction from the Austin
residence who answered ths dssorlf
tion of Charles S. Savla.
"Ths family "dlseoTsred svldenos to
day that will completely and effect
ually establish, the innoeenos of my
brother and set nt rest ths nUnds of
ths people regarding his connection
with ths Kustln tragedy," said Trsd
X. Davis last night In discussing1 a
rumor that his hrothsr. Charles S.
Davis, had mads a confession. "Ho,
be nas mads no confession, for ths rsa
son that hs has ho confession to
make. He mads all ths confession hs
had to maks to ths coroner's Jury, and
that was of his own Inclination to qoav
mlt suicide. Xs Is testing wU is '
.mot attstUlsd by u physician or nurse,
though hs is still suffering; etfros from .
tho excitement gild shock. When ws
discloss ths evldsnos ws obtained to
day there will hs no longer any room
for dout as to tho Innooeaoe of my
brothsr In this oass. Until thsn all we
ask is for the people to hs patient."
The announcement by .County Attfirne)
English that he would file a charge of
murder In the first degree against Charl;s
B. Davis for the murder of Dr. Fred T.
Rustin and the disclosure of the fact that
Dr. John P. Lord met a man whom he de
scribed aa Mr. Davis coming east on Far
nam street about Thirty-eighth avenue as
he (the doctor) was going west on Farnam
In response to Mrs. Rustln's call to attend
her dying hsuband, were the vital devel
opments yesterday In the appalling tragedy
that has shaken the country as have few
cases In the annals of criminality.
The county attorney drew up the com
plaint yesterday afternoon and Intends fil
ing it this morning and having Davis ar
raigned In police court on the charge of
first degree milder.
Dr. Lord's statement created a profound
sensation. Not since Mrs. Rlcs snook tnn
city with her startling revelation of that
astounding death pact Involving threat
human lives has any development been re
ceived with as great a shock.
Element of Importance.
The Importance of Dr. Lord's seeing such
man at such a time grew out of the
amasing disclosure of Mrs. Rlcs before the
coroner's Jury when she told with suoh
gruesome stoicism of ths compact pro
posed by Dr. Rustin and accepted by Davis
for. Davis to kill the doctor; also out of
the frank confession on Davis part of his
own eagerness to commit suicide and the
corroborative testimony of Fred H. Davis
showing his brother to have been for thir
teen years subject to periods of mental de
pression, during which he attempted t
take his life. And, finally, what placed the
climax of sensation upon Dr. Lord's state
ment was the fact that Charles Davis to!d
the coroner's Juryihat he had gone out
past the Rustin home that fatal night on
down to Forty-sixth and Farnam strests.
where he laid down and tried to die from
the effects of the poison given htm by Dr.
Rustin for suicidal purposes.
Dr. Lord Insists he reported seeing this
man to the police tile morning cf Dr.
Rustln's death, when he telephoned It to
the officers from Clarkson hospital. Chief
of Police Donahue said the matter had
never been brought to his attention. Chief
of Detec.tves Savage said If It had ever
been told to him he had forgotten It.
County Attorney English said he never
heard of it until advised yesterday by The
Bee. Dr. Lord does not say he advised
County Attorney English. The latter ex
presses keen regret that he did not have
these Micts at hla disposal when conduct
ing the Investigation at the Inquest. Hut
he has seized upon them with avidity and
says he will muko the beat use of them
now. The officers had a talk yesterday
afternoon with Dr. Lord about the mat
ter and regard It as an element of the
most vital importance In the final deter
mination of this mysteiy.
Twice Ho Told Police.
Twice Dr. Lord told this stery to police
officials the very morning of the shooting
and within a short time after he called
the station and notified th?rn of the af
fair. Though Dr. Lord gave this Information
to the police prior to the coroner's Inquest,
and he wns a witness at . the lnquust, he
was r. tt linked whetlur he saw anyone In
the neighborhood when he gave Ills testi
mony, lie was given no opportunity by
County Attorney English to answer any
question as to whether hs saw anyoce
while he was hurrying to the assistance uf
the woundod physician.
Dr. Lord lik es at 342s IVim SUeet, whlls
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