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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 1, 1908)
The Omaha Daily Bee VOL. XXXVIII NO. 142. OMAHA, TUESDAY MOIIX1XU, -DKCKMHKK 1, IPOS TFA' IA(SKS. SIXULK COPY TWO CENTS. i BIG BOOK MISSILE WATERING STANDARD OIL Why Not "Tackle" It Now? C. E. DAVIS ON TRIAL 1 John D. Archbold Tells How Process Was Achieved in Big Corporation. Council Chamber Scene of Democratic Row. ely Jurors Not Questioned on Attitude Toward Death Penalty. I- 1 REASON TOR FORMING TRUST DAVI3 HUB IS CHARTER AT IZ ENGLISH FORECASTS HIS PLAN SUMMARY OF THE BEE Ttnilur, Dfffmbpf 1, 1fOH. I ,( Volume Mines Dr. Connell and . , Le Bridges. V i ZLMMAN AND JOHNSON END FRA i Tackle Bellicose Alderman and Hold for "Down." CONNELL GETS VOTE OF THANKS Health Physician Emrrin l'nr(hfd Physically ! with Endorse ment of All Coanellmen Save Trre. The Dsvis-Connell bomb burst yesterday nfternoon In the city council chamber. Bearding the lion In his den and being , compelled to dodgo city charters, heavy j ordinance and Important and bulky offl-. : rial doeumenls Rent flying through the air' In hln direction by Dr. J. C. Davis, demo cratic councilman from thn Eighth ward. Dr. M. W. Connell. the democratic health ph.vs.ctan, emerged from the council chamber yesterday afternoon, not only un harmed and unscathed, but with a nice little resolution of recommendation from the council tucked away. The Eighth ward councilman last Tues day night challenged the health commis sioner to combat and the democrats health commissioner accepted the chal lenge, the fray being (scheduled for the Monday aflernocin meeting of the com mittee, of the whole. Dr. Davis' lengthy reporl, allowing the number of charity cases cared for In private hospitals and paid for by the city, wu referred to this committee, and the councilman wa there I to defend it, and the health commissioner '. to defend himself. The councilman en ! tercd Into a lengthy dissertation In which i he contended that the city should not pay for Indigent persons III or Injured, that they should be taken to the county hospital or at least within three days, snd that the health commissioner should be restricted In his powers. He closed his address by saying that the health com missioner was "off" when he accused the councilman of enmity. Here They Come. Then the trouble began. "I don't accuse you of enmity." replied Dr. Connell. "I Just accuse you of being a d n tool, that'a all." The words were barely out of his mouth when Dr. Davis grabbed a bound volume of the city charter and ordinances and hurled It at Dr. Connell. The health Commissioner dodged and the big book hit Councilman Bridges, who was sitting behind, on the nose. Then Dr. Davis threw a , handful of official documents and waa Just starting to climb over hla desk lo get to the 'heal' h com missioner when Councilman Zlnii jan and . Councilman Johnson tackled and htld hltn for a down, though he struggle..' for a time. '4 Chalrmt Vtlie motl Chairman Bedford rained his hands In "There, there, thla won't do, gentlemen." Dr. Connell stnod firm and resolute with Ills arms folded on his manly breast, and a dead calm settled over the comoatants and the non-combatants. Then Connell Talks. Then Dr. Connell gave his side of the story. He gave the council the same facts a to the treatment of the eight leading cases picked out by Dr. Davis (as pub lished In The; Bee list Thursday) and fol lowed with statistics to ahow that he has spent leas In raring for Indigent per sons than hla predecessors In office. Ac cording to these official figures, during thn fourteen years from 1892 to l!0tf. 115,982, er $1,141 per year, was spent for the care of sick and Injured In private hospitals. From June 1. 19ns. to June 1, 1918. $1.J, or iHOi) a year, was spent by Dr. Connell In private hospitals. The present city phy sician has spent $161 a yeur loss, there fore, than his predecessors. ' Theyhealth commissioner said his Instruc tion to all hospitals In all cases were to collect If possible from the patients, their relatives or friends or the4r cmploy ,'er. and he read a letter from Dr. B. N. Tnrrey, superintendent of the Omaha Gen eral hospital. suhstantlittng thla, the su perintendent stating that from 23 to 30 per cent of all city patients paid for their care. I Aa to Chart A ' Casee. During 1SW, t21 charlt cases were cared for In Bt. Joseph' hnspilil. the total num ber of days' rare being or an average of forty-four and a haUl.laya each. Pur trig 190R, oil charity caaei. have been cared tnr at Bt. Joseph's, the total number of Jays' rare being 23.93. or an average of forty-throe and one-third days each. Fully two-thlMs of these charity cases came from the city of Omaha, case which the city rightfully should take care of. tho health, commissioner said, but cses fir which the hospital authorities received no pay for care, treatment, board or clothes. In return for all this the city of Omaha lias pe'.d' St. Jsiph's hospital but $1.1M since Dr. Connell has been health commis sioner, on) $.'J.Sf per yeir. Dr. Contiell rinsed 1y characterising Dr. Davis' rctvlutlnn to l'mlt the care fif In digent pefsjns In private hospital to three fwys wheii they mist be removed to tlie rountv bi'fpltsl. If they are residents of the enunly. or somewhere else If t!'ey ars not. a a "dlsgTsce to the man who Introduce the resilution and a d'agr-ice ' 'o the rai'ty he ''lni t t rcnresiii'." Commissioner Commended, t'ouncl'man Bridges then made a motion lo plare Dr. Tivls' resolution and the lengthy document accompanying It on file and to commend Dr. Connell for his action. The motion was adivted. Dr. Divls and Councilman Brucker from the Fifth, cast ing the only negative votes. But little other business wss transacted by the council lo Its committee meeting Councilman FJfissor brought up the cltv abstracter's report of city property which ' occupied by private parties and tried to pas a resolution requiring for the ap praisement of all elty property. This was lost and upon motion of Councllmsn Mo Joyvrr the report was placed on f"K Councilman Bridge then made a motion, wtil oh was carried. Instructing the rlty legal department to enter Into contracts r-h the prt of the city lth the occupants of all city land, the contracts requiring the payment of rent for the occupancy. Ttiaj demand of the 8. D. Mercer com- tCotitlnued, on Second Page,) 1908 -December 1908 ,SC: NoM 7TZ, Ufa W tPj- sxt -r- 2 3 45 o r z 8 own 12 13 U 15 & 1Z 18 19 20 21 22 23 24 25 26 2Z 28 29 30 31 - THE WEATHEB. FOR OMAHA. COl'NCIL BLUFFS AND VICINITY Fair TikkIiv, with A cold wave. HtH NEKRASKA-Falr Tuesday; colder, with cold wave In enst portion. FOR IOWA Fair Tuesday, wlih a cold wave. Temperature at Omaha yesterday: jiour. De;r. .... 42 .... II .... i Xli .... X . . t V .... ot .... Ai .... :k . . . . .... -4 .... :.i .... 21 .... 17 .... 15 .... 11 .... 12 : a. 6 a. ni.. m. . DOMESTIC. The Marlanna mines continue to yield tip bodies of men killed in the explosion. Pag-a 1 Counterfeiters at Chicauro gave thehi selvea up to set-ret Hervlee men rather than to he hunted longer. Page 3 Exhibition of horses and live stock at the Chicago show Is proving to be larger than ever before. Page 1 An effort through legal proceedings Is being made to oust Judge Wallace from the criminal court of Kansas City. - Page 1 The I'nlted States supreme court has upheld an order of the railway commis sion of Virginia enforcing 2-cent railroad fares In that state. Far 1 The Lafayette Trust company of Brook lyn failed to open Its doors ye.Merduy. Pag-e a Flood damage in Oklahoma Is large ai.il the waters have not begun to subshle all over the state. Pace 1 John D. Archbold says Standard Oil trust was formed as a simple and effec tive method of holding the property. Page 1 Fourth Assistant Postmaster Ueneral P. V. DeGraw recommends Increased use fulness of rural free delivery service by delivery of packagna not to exceed eleven pounds between distributing office and patrons. Page a FOBEIQH. The situation in Haytl becomes critical and the rebels are making progress against the Nord Alexis government. Fag- a Two Japanese vessels collided near Chee Foo and 700 persons drowned. Page 1 XXBKASXA. Four new tjprrme .xurt JidyeH were appointed yesterday by Governor George Sheldon, being Jacob Fawrett of Omaha, W. B. Rose of Ldnuoln, Jease L.. Root of Plattsmoutli and J. J. Sullivan of Columbus. Page 1 ZiOOAXc. Retail clerk sends thanks to The Bee for the early shopping crusade. Page 10 Ij. B. Clore, champion winner of corn show prises, arrives In Omaha for the National Corn show. Page 7 G. VV. Covert la successor to O. j. Dickinson aa assistant superintendent of transportation of the Burlington lines in Omaha. 6 Many exhibits for the National Corn exposition are already arriving and work of placing them will commence In short order. 8 Bank clearings for November show an Immense Increase as compared with one year ago. Page 5 COmCZXCIAXi AND IWDUBTS.IAI.. I.lve stock markets. Page 7 Grain markets. Page 7 Stocks and bonds. - Page 7 MOVEMENTS OP OCEAIf STEAMSHIPS. Port. ' Arrlwd. slld. NKW YOKK Nfw York Luinl yi;BISN8TOWN... Celtic MOVII.LE Columbia Prlru rrnl. Wllh BOITHAMHTON.. Philadelphia Kalner Ailf. Vic BOl'THAMrTON.. wlDlfrenlan. LIVERPOOL,. Canadian lloniullan. L1VKK POOL, lonlcan IIAVKK Sardinian ST. JOHNS Victorian... BROWHKAD Mlniinapolla U1HKALTAH tllonla WORE TIME FOR HEARING Demand General for Farther Appor tnlty to Appear Before Committee. WASHINGTON. Nov. 30. Among those who have followed closely the tariff hear ing before the ways and means committee of the house, there is an Impression th.it Representative Sereno E. Payne, chairman of the committee, will find It Impossible to resist the requests for an extension of time for witnesses to be heard on the pro posed revision of the tariff. If is claimed that not sufficient notice was given by the chairman to permit those interested to gather pertinent facts In regard to the schedules In which they desire changes. This was emphasized more especially In the hearings and at the hearings last week, nearly all cf which required sessions until midnight. Mr. Payne also has been asked to extend the time In which It will be possible to fit" brief, the date originally set as the limit being Filday nex'.: when some witnesses who are not -allowed much time to udiiress the committee will N heard again. The chair man of t.i committee and those whose sincerity with regard to the revision of the tariff has been questioned are desirous of d. spelling any impreaslon that all witnesses a 111 not be given a equsl opportunity to be heard. COST OF RUSSIAN REVOLUTION Fifteen Thousand People Lose Lives In Repent I'prUlnsr In Country. CHICAGO. Nov. jo. That In the years 19e5 and IMS 5J.t"J revolutionists weie ki led by soldiers of the csar and ?5(',iij weie sent to Siberia, was asserted !; linger Gerus, a member of the second Dunw, when he took the witness btand today to testify in behalf of Christian Kudowlcg. whom the Russian government Is seeking to txtrudite on a charge of murder. He declared that T.0U0 of tho government's forces were killed during the same period, 6,000 spies were "executed" by revolution ists and that in all it cost the cxar lj.Ooo Uvea In teeklog to suppress the uprising. f laV'"". I a., m! y.MWt&V I f a. m. :lcS- n": m1: I NVTfc '-'all S '.T 1 p. m. tfr- n. m. ! 1 J,ifJTO!vJ p. in! lie Asserts that It Wm Done a Simple and Effective Form . or Iloldlnaj the Property. NKW YORK, Nov. 9). Resuming his tes timony today In the government's suit to dissolve the Standard Oil company, John D. Archbold. vice president of the com pany, told of the trust agreement of lb2, and said that all the shareholders of the Standard and the beneficiaries of the Vilas, Keltn and Chester agreement signed the agreement. Mr. Archbold said that twenty trust certificates were Issued for earn single share of Standard OH company stock. "The capital stock of the Standard was $S0,10." said Mr. Archbold. "but the plants and property were valued at $70,000, OliO. Mr. Archbold dereribed In detail the In ventory of the Standard's plants, property and all assets at the time of the agreement. All plants, generally speaking, after 1S75, said Mr. Archbold, were acquired for cash. He then gave the reason for the formation of tlie Standard Oil trust, saying: "It was done as a simple and effective form of holding the property. We were ad vised by coune! that neither the Standard Oil company of Ohio nor any other cor poration could effectually or safely, per haps, hold the property, which was wide spread in many states whose laws wore restrictive of the rights of corporations. The trusteeship was suggested as a simple method of bringing together the proper'y and form a token, of ownership which would have a market value and enable tlie owners to have a more effective adminis tration." . Properties In the Trnat. Mr. Archbold testified that the Acme Oil company of Pennsylvania was organized to take over the properties of the Acmedll com pany of New York. The Pennsylvania com pany was later liquidated when the plants In TituBville were destroyed by fire. Tin) vfc-e president of the Standard told In detail the organization and purpose of many sub sidiary companies, which were parties to the liS3 agreement, and of the subsequent disposition of these plants. The various properties of the Stsndard Oil company of Ohio that were turned Into the trust were enumerated by Mr. Arch bold. Other minor companies, whoso stock was controlled by Standard interests and were parlies to the agreement of 1882, were described by Mr. Archbold. Recess was then taken. Mr. Archr-old said that the trustees of the Standard Oil trust after Its organiza tion forr.ied the Standard Oil companies of New York and New Jersey to hold properties which had previously been held by Standard Interests. The witness said the Standard company of New York and New Jersey were still the same companies as those formed In 1882. The capital stock of the Standard Oil company of New Jersey was .000.noo in lSRii. but InereaKcd In 1892 to $10,000,000 and In 1899 to $110,000, 00"). of which $10,000,000 was preferred. The vioe president of the Standard said that the trustees of the Standard Oil trust organized and developed many companies with money obtained from the trust. Some of the companies mentioned were the Solar Refining company, the Standard Oil com panies of Kansas and Indiana, and the Union Tank line. Through the National Transit company the Standard Interests constructed the Buckeye, Cumberland and other pipe line companies. Statements showing the coni panles owned and controlled by the Stand ard In 18S9 were submitted In evidence. Standard Has Competition. Mr. Archbold said the Standard met with competition in the oil markets In the world and submitted In evidence a statement showing the names of competi tors outside the I'nlted States. There were 400 companies competing with the Standard for the world's market, said Mr. Archbold and of these the capital of 253 companies was not known. The total capitalization of 147 foreign companies was I-T4. 915,185. Of the total amount of Illuminating oil refined In IS by the Standard, Mr. Arch bold said that 63 per cent was sold abroad and 3" per cent at home. Mr. Archbold told of tho difficulties In the Introduction of refined oils abroad. There was much com petition from oil Interests of the Dutch Indies, said Mr. Archbold, and the task of maintaining the business ill the orlint was very difficult. "Our state department has helped us much," aaid Mr. Archbold. "In fact, we have been better treated with reference to our foreign business than with our busi ness at home." There la hardly a port of the world, said Mr. Archbold, that the Standard Oil dons not reach with Us products, lie said that the Standard was putting in every effort to reach the consumer direct in the orient There are 123 Independent competitive re finers of oil in the country, he declared. Au adjournment was taken until tomor row. GOVERNOR HADLEY SPEAKS Many .Notable Men Attend Regain Dinner of Knife and Fork tlnb at Kansas City. KANSAS CITY', Nov. 30.-Herbert S. Hadley, governor-elect of Missouri, B.and Whltlock, mayor of Toledo, O., and Judgo Sclden P. Srencer of St. Louis, were the principal speakers at the regular dinner of the Knife and Fork club In this city tonight. Mr. Hadley spoke In part as fol lows: "The Mlssnuilan has been the pioneer of fhe west. The two great highways of west ern commerce and travel In pioneer days ht gan where we are tonight one ending In the northwest on the shores of the Pa cific, the other in the southwest in the land of the Mexican and the Spaniard. "And in tlie great moral awakening that has swept across the country, creating an Increased interest In the duties of citi zenship, causing patriotism to be placed above partisanship, Missouri has been alae something of a pioneer. And In the work which has become the labor of the hour. Missouri should again blase the pathway along which our sister states must travel." SEVEN HUNDRED DROWNED Two Japanese Steamboats -Collide Off Cheefoo and Great Loss of Life Hesnlts. CirE FOO, China, Nov. 30 Two Japanese steamships collided off this port today. Details of the accident are lacking, but It la reported that a total of 70U persons have been drowned. V v. The "game" will soon be From the Atlanta Journal. WORK OF RESCUE CONTINUES Men Penetrate Nearly All Workings of Marianna Mine. DEATH LIST NOT FULLY KNOWN -- .-,T4 . f Elsjbty-Two Bodies Brought to the Surface and Thirty More Lo cated rltl rul Scenes at ' the Shaft. PITTSBURG, Nov. 30. Marianna mines are yielding up their toll of dead. At 1 o'clock today 110 bodies had been recov ered and of ther.e 100 were removed to the temporary morgue. More than sixty have been identified. John H. Jones, president of the Pittsburg-Buffalo company, said that all the corpses found thus far would be hoisted from the shaft before night. The list of victims, ho declares, will not exceed his first estimate of 130. A number of bodies are buried under the fallen workings and will not be recoverer for several days. Others have been blown to fragments and are being picked up In piecemeal. Many women and children gathered at the temporary morgue In the village dur ing the day and their lamentations at times could be heard several squares distant. While the officials at the mine assert that they do not know whst caused the explosion, many of the rescuers who had been at work on another shift In the mine profess to have reached a satisfactory con clusion. They assert that while the hy draulic drill was at work It optned a pocket of gas and while the gas waa es caping into the mine the drill struck a piece of rock, caused a spark and the ex plosion followed. Fred EUlnger, 29 years old, the only man who escaped alive, Is rapidly recovering from his injuries. He was able today to talk a little and narrate hla experiences. The work of rescue continued throughout last night. Miners forming the rea:ae party to bring the bodies to the surface re mained In the nilna all night workins In four-hour shifts to facilitate the work. All the headings, with the exception of two left headings, were penetrated, and It Is said that little difficulty was experienced aa a, result of falls of slate and c:al. All danger from further explosion Is past. It was said today, and the work of bring ing the thirty additional bodies which had been located will proceed et once. Coroner W. H. Blpe of Washington county remained at work all night wllh his assistants. He said that no time had been eel for an inquest, but the jury In an effort to sucure data would descend Into the mine shortly that the Jurors might be familiar with the conditions. John II. Jones, president of the PlttM-burg-Buffalo Coal company, today stated that the company representatives had checked of the nujnes of 13) miners whom they knew were In the mlno at the limn of the explosion and he does not believe the list of dead will exceed that number. One hundred and twelve bodies have been located and Mr. Jones believes the number will toUl between 115 and U0. The work of Identifying tlie victims is going on steadily. Between 15M and "00 weeping men, womm and children were lined up In front of the morgu th's nioin lr.g awaiting their turns to claim their dead. A force of twenty-two undertakers Is preparing the bodies as fast as they are brought to the surface. Investigate Corporal Punishment. TRENTON, N. J, Nov. 3 The stute commission for the Investigation of crime and dependency appointed by G vernor Fort met at the state house t.idsy to In vestigate charges that corporal punishment is being Inflicted at the stafo home fur girls. Comptroller's Call Iaeaed. WASHINGTON. Nov. 30. -Comptroller of the Currency Murray today Issued a call on national banks for a statement of the condition' at the close of business Novem ber 17. going fast and furious. The wise shopper Avoi ds the "rush." NORRIS GIVEN A TRANSFER Goes from Philippine Service to the Department of Justice. (From a Staff Correspondent.) WASHINGTON. D. C, Ciov. 30.-(SpcclaJ Telegram.) Judge W. F. Norrls, who was cahneuled with t!ie Philippine government, has been transferred to the Dopartmenl of Justice, and is now In Washington. The First National bank of Mcintosh, S. D., has been authorized to begin bus iness with $25,000 capital. W. Harris Is president; Nells Jacobs, vice-president, and J. K. Davles, cashier. Guy B. Butts has been appointed regu lar and Harold Stevenson, substitute rural carrier, for route 1 at Brltt, la. Iowa postmasters appointed: Dlnn Junc tion, Linn county,, Lewis C. O'Kelley. vice C. A. Bailey, resigned; Struble, Plymouth coijnty, J. A. Sayer, vice C. E. Perdue, resigned. F.rnest F. Norman of Rapid City, 8. D., has been appointed stenographer at the land office at Rapid City and Gene Adams of f'enttarvillc, la., to the same position at Pierre, S. D. Raymond B. Morgan of Greeley, Neb., secretary to Senator Burkett, with his wife, returned to Washington today. 8enator Burkett will Introduce at the coming session of the senate, the hill ap propriating $18,000 for the purchase of additional land for an extension of the postofflce at Beatrice. Neb. Mr. Burkett at the last session, secured an appropria tion of $30,000 for an addition to the pres ent postofflce. It is now found additional ground will have to he ohtnlned to con struct the necessary extension. LONG FREIGHT TRAIN BREAKS One Killed and Severn! Injnred on Branch of Baltimore A Ohio Hallroad. PITTSBl'RG. Nov. 30. One mnn was killed, five others were seriously Injured and many passengers shaken up when train No. 5, known as the Chicago limited, cn the Pittsburg & Western branch of the Baltimore & Ohio railroad, crashed Into a "buckled" freight train ne;:r Valencia. Pa., about twenty n lies north of here early today. The dead: G. K. SPIDF.I.I fireman of passenger train, caught under boiler. Ti n Injured: O. B. Stewart of Chlcngo, left arm broken, rr'lp and nther wounds. P. ('. Fiatman, I'lilor.town. Pa., left hip broken, face and heai' cut. C. J. Anderson, PhllCtlphl:i, cut about bend W. Williams, engineer of pnsseneer tialn, Chicago Junetton, left arm In iilsed. H s. Font, conductor passenger train, Pittsburg, cut -annul lu-ad. The Injured were taken to the Butler County Genera! hospital at Butler. Pa. The wreck was due to the breaking of a long freight train on the grade near the scene of the accident. One of the cars on the end of tho rear part of the dlacon- neeted freight lurched out over the norih- bound trucks Just as the limited cime ! along. CLASSY HCRSES AND STOCK Show at Chlcasro Proves One of the lamest and Best liver Held. CHICAGO. Nov. 30. Steers weighing 2.509 pounds each, and horses which have pa raded before King Edward, were some of the arrtvkls at. tho Internal!' nal I.lve Stock exposition at the stmk yards today. One of the fatteKt animals at the show is a hull weighing i5) p.unds. The horses include five Sh'res. almost all of which have been admired by English royalty. With t!i( arrival today of almost every exhibit entered, the exposition waa at its zenith. Crowds cf farmers, stork breed ers and spectators came from all parts of the country. It Is expected that before the week Is ended the attendance will prov? e greater than . at any previous ex- I fclulL FOUR NEW SUPREME JUDGES Governor Sheldon May Name Jndge Jacob Fawcett of Omaha as One. SULLIVAN DEMOCRATIC MEMBER (no Others Are Jessa I.. Hoot of Plattsmoath and William B. Hose of Lincoln, Making; Seven In Court. (From a Staff Correspondent) LINCOLN, Nov. SO. (Special.) John J. Sullivan of Columbus. Jacob Fawcett of Omaha, W. B. Hose of Lincoln and Jesse L. Root of Tlattsmouth have been ap pointed supreme Judges by Governor Shel don. The appointments were made late this afternoon, though all day it was gen erally supposed around the state house these would be the men. The terms will he as follows: One year. Sullivan and Fnw-j cett; three years. Rose and Root. Tho sai- j ary Is $1,500 a year. The new Judges will meet with the old court tomorrow morning and take part in tho proceedings. Just whether a reorgan ization of the court will fallow has not be-n decided, aa the law Is not plain In the matter. At this time Judge Barnes Is chief justice. With the exception of Judge Rose all of the appointees of the governor have had experience on tho bench. Judge Fawcett of Omaha was for eight years a district Judge; in 1904 he served from April to Jan uary as a supreme court commissioner and In 1807 he was again appointed a commis sioner. He came to Omaha from Illinois in 18S7. He served as a soldier In tlie civil war In the Sixteenth Wisconsin. John J. Sullivan served a term as su preme Judge, for two years of which time he was chief Justice. He wan defeated by Judge Barnes for re-election five years aso. He received eighty-eight votes from the State Bar association out of nlnety nlno coat for a place on the bench. i Jesse L. Root has been a district Judge and last spring was appointed a supreme court commissioner by Governor Sheldon. He served In the last senate aa the head of the finance committee and haa been one of Governor Sheldon's closest frlenda and advisers. W. li. Rose, the only one of the four mho has had no experience on the bench, has for eight years, been In the office of the attorney general as assistant or deputy. Previous to that time, he was employed in the supreme court aa reporter for a number of years. He Is recognised as ono of the best law students In the state, and he has been Intrusted with some of the most Important litigation In which the state hss Wen a party. In the matter of the enforcement of laws enacted by the last legislature, Mr. Roso has been prominent, doing a great deal of the work of the legal department. While he was not endorsed by the bar association, and he ner appeared as a candidate, a irreat many lawyers spoke a good word for him. Two years sgo he wss chairman of the republican state committee. For a time, at leaRt, trie new Judges will he seriously handlrnpped, as there Is no provision In the judicial amendment for payment of salaries of stenographers. Stenographers may be appointed, but they eannnot be psld until the legislature makes an ai proprlatlon. Amendments Declared Adopted. Previous to naming the judges, Gov ernor Sheldon Issued a proclamation de claring the adoption of the amendments to the constitution creating the additional judges and the one enlarging the scope of Investments for the permanent school fund. Rartnn Shakes Plum Tree. Was R. Barton, state auditor-elect, has shaken the plum tree and as a result thereof many were made happy. Mr. Bur ton came to Lincoln today and announced the following appointments: John Shehan (Continued on Second Page.) Action Indicates He Will Not Demand tlie Capital Punishment. ALL DAT AND JURY NOT COMPLETE State Has Two and Defense Four Peremptory Challenges Left. MRS. RUSTIN NOT IN COURT ROOM Wife of rh alt-Ian Whom Dm Is l Charard with Rttlliia, liy Agree ment Will Br Anions; First Witnesses. Charged with the murder of Dr. Frederh ' Rustln as tho result of s suicide compact. Charles E. Davis was placed on trial before Judge Soars In the criminal court, Monday morning. Tlie entire forenoon was devoted to the examination of Jurors. The exami nation was continued In the afternoon and will probably require most of the day. Tuesday. The question of Jurois by County Attor ney English developed that ho Is not going to' ask that the deatli penalty be Inflicted In case the jurors return a verdict of guilty. He did not ask the Jurors whether or not they were opposed to capital punishment and during the recess announced he would not demand extreme penally. During tho day forty-nine Jurors were examined and" twenty-one of these were excused, either because they had formed an opinion which would conflict with their duties as Jurymen, or because they went over age. When court adjourned, six teen peremptory challenges had been used, twelve by the defense and four by tlit state. The state still has two ami thn defense four. It Is hoped the Jury all! be secured before noon today. The twelve men who were In the boi when court adjourned last night, are. M. Hettrlck, Forty-second and L street. South Omaha; W. H. Hall, 111G South Eighth street: M. Campbell, 2316 Hickory street Fred Kunz, 2702 South Twenty-first street) John A. Noble, 2215 Seward street; F. C. Jepson, S38 North Twenty-fifth street; J. M. Krug, 2504 South Twenty-fourth street; Thomas Meldrum, 2S17 Decatur street; George ByrneB, 3621 U street, South Omaha; C. I Porter. 2505 Ames avenue; G. W. Barber, 2512 North Twenty-eighth avenue; R. D. Duncan, 2628 Davenport street. The sixteen excused on peremptory chal lenges were: R. Fisher, E. G. Carter, John Konvalon, G. A. Meyer. L. Hoag limd, John Keegan, sr., John Llnahan, Eu. gene Rutherford, Martin L. Sugannan, Otto Stuben. J. W. Ballard, T. L. Gaynor, Fred Hoye, C. LJndquest, M. .'W. Doty, August Prochnow. One of the men called to the Jury box was C. Llndquest, fireman at the First National bank, of which Fred Davis,, bro ther, of the defendant. Is vice-president, C. T. Kountze and Luther Kotintze, his nephews, president and cashier, respect ively. Lindquest declared, In spite of his connection wllh the bank, lie could de termine the case on Its merits. County Attorney English failed to have him ex cused and he was peremptorily challenged. Dntla There Ahead of Time. Charles E. Davis, the defendant, showed up bright and oarly at the court houso alone. The case was set for 9:30 o'click. but Davis was In a seat In the court room at 8:30 waiting for the court officials to arrive. When he found the trial would nit beln until 9:30. ho left the court room and returned later. His brother. Fred 11. Davis, vice president of the First National bank, wss with him and occupied a seat near him during the examination of tho Jurors. Charles Davis listened Intently to the questions of the attorneys, but did not take any part In the consultations. He sat Immediately behind his three lawyers, W. F. Ourley, 3. W. Woodrough and J. W. Parish. Mrs. Rustln, widow of Dr. Rustln wis not In rourt. Nona of the witnesses waa summoned to sppear before Tuesday morn ing. Mrs. Rustln, however, will lie one of the first witnesses to be called after the Jury Is secured. J. A. Gillespie, 9(0 North Twenty-seventh avenue, was the first man called Into the Jury box. When the box was filled the Jurors all took tho usual oath except Aaron Cliadwlck. 28ti Capitol avenue, a prominent member of the Christian Scientist church. He declined to take the oath, but took an affirmation that he would tell tho truth after the other Jurors had been sworn. In the examination of Juror I. A. allies, pie was passed by the state, but wu ex cused becsuse he was over the legal age of sixty. T. P. Palm. 16 North Twenty, second, ran the gauntlet of County Attor ney English's questions, but admitted when Mr. Gurley examined him be had formed an opinion which might sway his judgment. He had some difficulty In understanding the questions put to him by the lawyers and finally Mr.Gurley challenged him. Want an Intelligent Jnry, "We want an Intelligent Jury," he said. "They don't necessarily have to be col lege graduates," said Mr. English. Judge Sears sustained the challenge and ex used Palm. F. It. Holbrook, 21110 Emmet street, city salesman for tho I'nlted States Supply company, was excused because ha had 'formed an opinion " The. first man examined who had never heard of the case wss Mallow Campbell, u teamster who lives at 23ti2 Hickory street Campbell said he had heard some one speak about the killing of Dr. Rustln, but he had road no papers and did not know tl at a nurder charge had b en filed against auyone. llo tit Id l.e was too busy to read the newspapers. County Attorney English excused him for cause. Victor B. Caidwe.l. vie president of the I'nlted States Natlonnl bank, was i allot to the Jury bjx, but he silj he had formed an opinion v hlch w uld lnf :u ne his vcr- I dirt and l.e wus excused for cause. Re.n- ho!d Fisher. :21 Z slrer-t, South Omaha, a carpenter employed on the John liters building, wan aecepted by tl.e county ui-torne.-, as he had no al.Mli g opinion. H. L. Tucker, 'j 'j North TtVt nty-lxth str. Squill Omaha, enijl jjed by Armour & CM., sjI.1 he had formed n opinion from raid ing tl.e pap. r, but It would hot aff -i t his verdl t. lie lives next door the place where James Chenuult wus niurdeied about a, week ago. Knows Little of Case. Martin Hedrlek, Forty-second and It streets, South Omaha, waa another Juror