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
