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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 5, 1909)
The Omaha Daily Bee
VOL. XXXVIII NO. 171.
OMAIIA, TUESDAY MORNING, JANUARY
1909 TEN PAGES.
SINGLE COPY TWO CENTS.
ESTIMATES TOO L0wr -Ummary of hie dee
Omaha and Lincoln Commercial Clubi
Hare Some Recommendation.
CAUCUSES IN ORDER
Taeaday, January ft, ItlOO.
Toreign Officers Place Losi of L
Democratic Legislator! Fight it Out
at Messina at Ninety Thousand.
Behind Closed Doors.
i MON TUE WED THU FRI 5 AT
NEW BRIDGE FOE NORTHWESTERN
Senator Gamble Has Bills for the
Creation of . Two New Land Dis
tricts In South Dakota Mre.
Boyd is Recovering.
THIRTY THOUSAND AT REGGI
REPUBLICANS MEET IN OPEN
-1 4 5 6 7 8 9
" N 12 13 14 15 16
17 18 19 20 21 22 23
2526 2728 2930
Some Leaks from the Democratic Sen
TTBBETTS PRESIDENT PRO TEM
Othen Place Total Dead in Both
Citiei at Seventy-Eig-ht Thousand.
FURTHER, SHOCKS ARE FEARED
Earthquake Expert Sayt Heavy
Tremor Will Come This Week.
FIRE IS THREATENING MESSINA
Blase' Break Oat Ami la Doomed
City Heavy Shock , Tbrow
Inhabitants lata a
NAPLES. Jan. 4. Foreign officers who
have explored the rulna on both aldea of
the straits give higher estimates of the
Ions of Ufa than Italian reports. They be
lieve that 90,0.10 persons have either been
killed or trapped In the ruins of Messina
and 30.0UO at Regglo, where the tidal wave
rone to double the height that It did at
Messina. Blgnor De Nava, a Regglo mem
ber of the Italian Chamber of Deputies,
has personally traversed most of the earth
quake region on both sides of the straits,
lie estimates the total dead at 85,000 and
the wounded at 4,000. Of the dead, Blgnor
Do Nava calculates that 60,000 are at
Messina, 28,000 at Regglo and 7.000 at other
coast and Interior towns affected. The
radius of destruction extends thirty miles
north and south of the coast of Sicily and
on the mainland and for an equal dis
tance below Radlcena towards the south.
Mere Shocks Predicted.
MESSINA, Jan. 4. There Is reason to be
lieve that the devsstatlon by earthquake
of Calabria and Sicily is not yet at an end.
further heavy shucks have been predicted
for today and scientists declare that others
still more severe should be expected Janu
ary 7 and January I, when the relative po
sition of the sun and moon will produce
the greatest strain on the crust of the
earth. Several minor, shocks were experi
enced Saturday and many tottering walls
were thrown down, but it Is not known that
any persons were killed. The new earth
quakes are starting the fires afresh and
the people are In a condition bordering on
Messina Is to be evacuated entirely as
soon as possible. The disposition of the
dead la one of the greatest problems con
fronting the authorities.
Two days spent amid the ruins of Mes
sina and Regglo bring convincing evidence
that the horror of the situation in the
traits of Messina has in no sense been
Massln- and Regglo have ceased to exist.
In the ruins of the former city two-thirds
of the Inhabitants lie burled, while at Reg
glo one-half the. people lost their lives.
New (sock Causes Panic.
Saturday night at o'clock there was a
fresh shock of eatthquake and a panlo en
sued ashore and on board ship. Many of
the tottering walls fell, but no fatalities
were recorded. There have been a score
of tremors since the disaster of last Mon
day morning but this was the first that
was distinctly perceptible. After this
shock the fire In the municipal building
flamed up and was burning fiercely when
this dltpatch was sent
Earthquake experts who are here today
to study the phenomenon generally agree
that the earthquake was the result of a
geological formation under Messina, which
constituted a line of contact In the- vol
canic action between Mount Etna and
Mount Vesuvius and that a slip occurred
similar to the one which detached Sicily
from the mainland. That a subsidence oc
curred at some points and that there was
a rising of the earth's surface at others Is
proved by soundings which show the chan
nel Of the harbor deeper at some places
and shallower at others. Ti.e British bat
tleship, Exmouth, at a distance half a mile
south of Regglo, found fifty-eight fathoms
of water where formerly there were mi.
At Nlvsa. between Messina and Catania,
a freight train today ran Into and tele
scoped a relief train crowded with injured
persons, five of whom were killed.
Twenty LooteA "hot at Messina.
HOME, Jan. 4. Parliament will be con
voked January 11. The minister of war
says that the forts around Messina, which
contain tons of powder and millions of
cartridges, have not been injured. He
also said that while he was at Meastna at
least IS .000 persons were taken from the
ruins. Injured and uninjured, cf which
number 1.000 were saved by the Russians
and 1.000 by the English sailors. The Italian
navy has sent KO tons of provisions to the
effected district. All the treasure found
has been placed aboard warships.
A pocketbook was picked up containing
$14,000, and much clothing has been found
at Messina and elsewhere with bank notes
sewed In It. Advices from Masslna says
that twenty looters were shot there yes
terday. That city will be evacuated today.
Six thousand persons already have left
there and 1,000 more will leave today.
Famine In Monatala Village.
REQOIO. Jan. 4. A detachment of troops
which went to the villages on the -east
coast of Calabria found nothing but ruins
and the bodies of persons killed In the
earthquake. The survivors had fled. There
Is every reason to believe that dreadful
havoc was wrought In the mountain vil
lages that have not yet been explored. A
convoy with 1.000 rations of bread which
was going through Bagnara was rifled en
route by famished persons be re.
A number of small boats, all of them
overloaded, put out Into the channel to re
quest food of incoming steamers, which
(impelled the officers of the vessels in
rescue them. Several of the small craft
caps is ed and a number of persons were
Omnipotent of Reel Croas.
WASHINGTON, Jan. 4. The Italian Red
Crcsa, through which relief Is now being
contributed by all nations of the world to
succor the earthquake sufferers, is wide in
scope and the equipment at Its command
la reasonably larva. It has facilities for
operating eight field hospitals of l'O beds
each, each with two doctors and one
pharmacist; forty-five field hospitals, with
ftfty beds each, with twenty-eight men;
sixty-one relief posts, each with a doctoi
and nine men; one commissary officer and
torty-twe men; fourteen ambulance corps,
having one doctor and four men each; two
hot pit al ships, with four doctors, a phar
macist, commissary officer and forty-eight
men each, and fourteen hospital trains,
rack with doctors, commissary officers and
.(Continued OA Second Page)
FOR OMAHA. COCNC1L BI.ITF8 AN.
VIC 1MTY Fair Tuesday; decidedly colder
Tuesday with cold wave. .
FOR NKHRASKA Tuesday, cold wave.
FOR IOWA Fair Tuesday; cold wave,
temperatures at Omaha yesterday
6 a. m....
6 h. m. ...
7 a. m....
f a. m....
9 a. m....
10 a. m....
11 a. m....
2 p. m . . . .
3 p. m ...
4 p. m....
6 p. m....
6 p. ni....
7 p. m....
p. m . . . .
9 p. m....
Omaha and Lincoln Commercial clubs
present memorials to congress asking
substlstence alowance for postal clerks,
more pay for federul Judges and for a
tariff commission. Page 1
Supreme court hands down decision re
fusing to review government's appeal
from the United States court of appeals
reversing fine of S29.000.000 against
Standard Oil company. Page 1
Congress appropriates $8.00,000 for the
relief of Italian earthquake sufferers.
President Roosevelt sends message to
congress giving detailed information as
to why secret service bureau Is neces
sary, page 5
Climax In Haines murder case Is reached
when Thornton Haines, the author, takes
witness stand In his own behalf. Page a
Earthquake experts predict more heavy
shoks at Messina this week and Inhab
itants are terrorized. Page 1
Former President Castro of Vonezuola
underwent an operation In Berlin. Page 9
Case on trial in the federal court at
North Platte involving question whether
the Union Pacific right of way Is 200 or
600 feet wldo. Page 3
COMMXKCIAX. AHD XHDUSTBIAXj.
Live stock markets. Page 7
Grain markets. Page 7
Stocks and bonds. Page 7
MOVEMENT! OT OCEAN STEAMSHIPS.
Port. Arrived. Bailed. '
NSW YORK La Touralna California.
NEW YORK Ht. Ujuli
LIVERPOOL Sylvanla WlnnlfreJIaa.
QIIEKN8TOWN. . Baltic Campanula.
SOUTH AMPTON. 81. Paul
ST. JOHN'S Numldlao La Manitoba.
HAVRE La Bralaxn
HXlAfAX, - t.. ........... Taeiaum.-'
EFFORT TO KNOCK OUT JUDGES
Democrats Want Legislature to Can
Tasa Supreme Court Amend
(From a Staff Correspondent.)
LINCOLN. Jan. 4. (Special Telegram.)
An effort Is forming here today to have
the legislature canvass the vote on the
amendment relating to the supreme court
judges, the purpose being to knock out the
appointments made by Governor Sheldon
and permit Governor-elect Shallenberger to
fill the places.
Frank T. Ransom of Douglas and three
or four othera held a conference with Mr.
Shallenberger this morning and the matter
will be brought up In caucus tonight. If
a majority favors action an attempt will
be made to have the legislature canvass
the votes. Democratic legislators profe
the opinion that the legialature and not
the state canvassing board should go over
No new developments appeared thia morn
ing In the speakership fight. Senator
George Tlbblts of Hastings holds the lead
in the race for president of the senate.
The democrats of both houses will hold
caucuses tonight at the Lincoln hotel.
DETROIT BANKER KILLS SELF
Continued 111 Health Is Canae of Sui
cide of Henry C. Pot
DETROIT, Mich., Jan. 4. Henry C. Pot
ter, Jr., of this city, vice-president of the
People's Slate Savings bank of this city,
commltteed suicide at his home shortly be
fore 10 o'clock this morning. Mr. Potter
had been suffering from nervous prostra
tion for some time.
About a month ago Mr. Potter was found
unconscious In the bathroom of his resi
dence on Jefferson avenue. Gas waa es
caping from an open Jet. It was stated
then by members of his family that the
gas had been turned on secldentally, as
he was overcome by an attack of heart
trouble. This morning a shot was heard In
the bathroom of Mr. Potter's residence.
When the family and servants entered the
room he was found dead on the floor with
a bullet through his head.
NEGRO SOLDIER LOSES SUIT
Supreme Court Refuses to Interfere in
Ceae Arising from Browns
WASHINGTON, Jan. 4. The supreme
court today dismissed the rase of Oscar
Reld, oue of the negro soldiers summarily
discharged by the president on account of
the Brownsville riot, holding that the
amount Involved was 'not aufflclent to
justify the bringing of the case to the su
Today'e decision leaves In effect the de
cision of the district court for the south
ern district of New York, which was
against Reld. He sought to compel the
payment of hit salary alnce his dismissal.
GAS RATE LAW DECLARED VALID
Supreme Court Upholds Eighty-Cent
Measure Passed by New York
WASHINGTON. Jan. 4. The supreme
court of thu United States today re
versed the decision of the United States
court tor the southern district of New
York in the various eases against the Con
solidated Gas company of New York City.
The cases involved the validity of the New
York state laws of 1'JOS and 1, the latter
of which fixed the price of gas in New
York City at 80 cents per 1.0U0 cubic feet.
The effect of the decision Is to declare the
(From a 8taff Correspondent.)
WASHINGTON. Jan. 4 (Special Tele
gram.) Senators Burkett. and Brown each
today Introduced memorials from the
Omaha Commercial club and the Lincoln
Commercial club. The Omaha Commercial
club In Its memorial to congress favors the
passage of the bill which will grant to
railway malt cltrks their actual expenses
while away from home, In ' other words,
subsistence allowances, and also favors the
bill granting an Increase in' salaries 6f
United States circuit and district judges.
They would favor an increase, of circuit
Judges to ' HO.OOO and ' district' Judges to
$9,000 a year. The Lincoln Commercial
club favors a bill which' would create a
tariff commission to settle the pending tar
Senator Brown Introduced today the first
memorial touching upon the proposition
of the National Rivers and Harbors con
gress to spend $&),0O0,O0O In Improvement
on the Inland waterways of the United
States and If 'necessary issue bonds' for
the purpose of Improving the harbors,
rivers and canals, to be used at the rate
of $50,000,000 a year. This endorsement of
the suggestion adopted by the National
Rivers and Harbors' congress at Its fifth
annual session held here during the sec
ond week of December wns sent to con
gress by the- Plattsmouth (Neb.) Commer
.Northwestern to Change Bridge.
Ben. T. White of the law department of
the Northwestern railway, with head
quarters at Omaha, is In Washington to
secure legislation changing the site of the
bridge over the Niobrara between Norfolk
nnd Chadron. The present bridge Is a
low. rambling structure of . wood and in
nowise fitted to take care of the traffic
on this division. The Northwestern rail
way in Improving Its roadbed toward the
northwest has made arrangements to con
struct a steel bridge across the Niobrara
some BOO feet west of the present structure,
but within the present Fort Niobrara res
ervation. In order to build the bridge con
gress will have to authorize the change
of site. The contemplated bridge will be
higher than the present structure. It Is
understood the War department, which has
supervision of the Fort Niobrara military
reservation, will not put anything In the
way of the railroad In accomplishing its
purpose as Its necessity is realized.
Congressman Klnkald will have charge
of the bill In the house and Senator Bur
kett In the senate.
Mr. Boyd Recovering;.
Representative Boyd said that his wife,
who has been seriously 111, Is now rapidly
convalescing. Mr. Boyd stated that his
wife has been able to sit up dully for
several .day and ha Is oonsoquenU. happy
this new year over the encouraging pros
pecta of her complete recovery in a few
Mies Norris Much Better.
Representative Norris of the Fifth Ne
braska district, ' who was called home,
owing to the Illness of his daughter Ger
trude several days after congress met De
cember 7, was In his seat when the house
assembled today. Judge Norris states that
his daughter has passed the danger point
in her Illness, diphtheria, and is rapidly re
gaining her health.
Bills for New Land Districts.
Senator Gamble today Introduced a bill
authorizing the creation of a new land dis
trict in South Dakota to have Its head
quarters at La Beau. This proposed new
land district Is to be created to facilitate
the disposal of 3,6u0,0t)0 acres of land ln'the
Cheyenne river and Standing Rock Indian
reservations, soon to be opened to white
The secretary of the interior has made a
favorable report to cengress upon the Din
i.tr..,iiwpd bv Senator Gamble for the
creation of a new land office with head
miartera at Belle Fourche, embracing
lands in Butte and Meade counties.
Hesurvey of Nebraska Lands.
Reonscntatlve Klnkald today introduced
a bill Instructing the secretary of the In
terior to make a resurvey of lands in Ne
braska in township a norm, inao i,
township 21 north, range 25- township 30
north, range 29; township 30 north, range
34; township 27 north, range 39; township
21 north, range 48; townahlps 17, 18. 19 and
2o north, ranges. 38, 37, 38. 39 and 40, all
west of Sixth principal meridian.
Minor Matters at Capital.
Mrs. Rusaell B. Harrison, daughter of the
late 8enator Alvln Saundera, wUl spend
the winter In Washington with her daugh
ter, Marthena, a debutante, who prom
ises to be a charming addition to the
social set here during the season. The
Harrisons have taken apartment at the
Toronto, a fashionable apartment houae.
Colonel Harrison will spend as much time
with his family here as he can spare from
I his law practice In Indianapolis.
Postmasters appointed: faeDrasica. Aaa-
ton, Sheridan county, John M. Dletel, vice
C. S. Rucker, resigned; Daykln, Jefferson
county, Gladys M. Miller, vice B. K.
Ilabers, resigned; Gates, Custer county,
Edwin J. Johnson, vice A. K. Bishop, re
signed. Iowa, Spring Hill. Warren county,
K. J. Yount. vice D. D. Hughes, resigned.
Rural carriers appointed for Iowa routes:
Guttenberg, route 2, John Ellers. carrier;
Otto F. Ellers, substitute. Postville. route
1. Adelbert C. Marston, carrier; Newton
Harvey, substitute. Russell, route 1, Harry
Latham, carrier; U. 8. Cooper, substitute.
"HOBO KING" ISSUES A CALL
Conclave of Unemployed to Be Held
In St. UiU Latter Part of
NEW TORK, Jan. 4. Frlenda of J. Eads
How, familiarly known as the "King of
Hoboes," have received a letter from him
at St. Louis, in which he extends an In
vitation for a gathering of the unemployed
In that city. How left New York two
montha f. and his whereabouts was not
gnerailv known, until the receipt of the
letter, in which he says:
"Realising that this is going to be a
hard winter and that there are all the
way from 36.0C0 to 100.000 men out of em
ployment 'n all the large cities of the
country, we have decided to call a conven
tion of delegates from the different cen
ters lo meet In St. Louis en January 22,
23 and 24. The object of this convention
will be to secure employment for all those
desiring work and to attempt to get trans
portation f-r unemployed men to their
From the Boston Herald.
MONEY FOR QUAKE VICTIMS
Congress Appropriates $800,000 After
Listening: to President's Message.
SECRET SERVICE MESSAGE READ
Preeldent Roosevelt Senda Communi
cation In Respeet to Charges
Made In His Former
- Message. -
WASHINGTON, Jan. I-Followlng the re
ceipt of President Roosevelt's special mes
sage asking an appropriation of 1500,000 for
the relief of Italian earthquake sufferers
the house and the senate passed resolutions
appropriating ISOO.OGO, which will be imme
The resolution passed by the house called
fox. the appropriation ' $3GO,Ooo more than
the president asked and the senate agreed
Secret Service Blesaage Read.
Unusual attention was paid In the house
of representatives today to the reading of
a message from the president replying to
a resolution of that body calling on him
for an explanation of the intimation in his
annual message that members of congress
were afraid to be Investigated by the secret
service. The galleries were packed to the
The message was read as soon as the
Italian relief measure was put through. '
The president's specific references to cer
tain speeches by Messrs. Tawney of Min
nesota, Smith of Iowa, Sherley of Ken
tucky and Fitzgerald of New Yoik when
the provialon for the restriction of the
operations of the secret service was up
for discussion and also to Mr. Busby, the
speaker's private secretary, called a storm
of laughter. The speaker several times vig
orously rapped for order.
In his Invocation upon the reconvening
tf the house of representatives today
Chaplain Couden feelingly referred to the
death recently of Representative Davey of
Louisiana and to the earthquake in Italy.
Almost Immediately upon the conclusion
of the prayer Mr. Latta, one of the prea- '
ident's secretaries, appeared in the cham
ber with a message from the president
urging approval of his acta in extending
relief and also an additional appropriation
of 1600,000 for further relief.
Teat of Preaident'a Message.
The text of the president's message is
"To the senate and house of representa
tives: The appalling Calamity which has
befallen the people of Italy Is followed by
distress and suffering throughout a wide
region among many thousands who have
escaped with life, but whose shelter and
food and mean of living are destroyed. The
ordinary machinery for su, plying tae
wants of civilized communities Is paralyzed;
and an exceptional emergency exlsta which
demands that the obligations of humanity
shall regard no limit of national lines.
"The Immense debt of civilization to
Italy; the warm and steadfast friendship
between that country and our own; the
affection for their native land felt by
great numbers of good American citizens
who are Immigrants from Italy; the abund
ance with which God has blessed us In our
safety; all these should prompt us to im
mediate and effective relief.
"Private generosity Is responding nobly
to the demand by contributions through the
sate and efficient channels of the American
Red Cross society.
Action Already Taken.
"Confident of your approval I have
ordered the government supply ships Celtic
and Culgoa to the scene of the d.sastcr.
where, upin receiving the authority wnich
I now ask you, they will be able to dis
pense food, clothing and other supplies
with which they are laden to the value of
about tM.OdO. The Celtic has already
sailed and the Culgoa is at Port Said.
Eight vessels of the returning battleship
fleet are already under orders fjr Italian
waters and that government has been askid
If their services can be made useful.
"I recommend that the c.ngrecs approve
the application of suppl.es above indicated
and further appropilate the sum of JUiO.000
to be applied to the work of relief at the
discretion of the executive and with the
consent of the Italian government.
"I suggest that the law fulljw the form
of that passed after the Mount Pelee dis
aster In 1902.
"The White House, Jan. 4. 1501."
House Pauri Resolution.
The members of the committee on ap-
(Continued from First Page.)
THE EARLY BIRD
ATTEMPTS TO POISON FAMILY
Mra. Moats of Grafton Made Deathly
Stele by Strychnine In
- - Sugar.
GRAFTON. Neb., Jin. 4. (Special.) It
lias just developed that an attempt at
criminal poisoning waa made here a week
ego. The Intended victim being apparently
Mrs. P. C. Moats. The attempt was made
by. placing poison in the family sugar
bowl. Sunday evening the family rartook
of bread and milk which they sweetened
with sugar from the bowl which waa all
right. Afterwards Mr. and Mra Moats
went to church and their absence afforded
an opportunity for some person with mali
cious intent and a familiarity with the
house and habits of the family to poison
the sugar. Monday morning- for breakfast
Mr. Moats drank his coffee without sugar
and was unharmed. Mrs. Moats seasoned
hers with sugar from the bowl and In a
very few minutes turned deathly sick and
wanted to vomit, but' could not. With rare
presence of mind she thrust her finger
down her throat and succeeded In vomiting
freely. During. the morning, but after the
poisoning, an envelope was discovered near
the doorway upon which was written:
"Mrs. Moats, your sugar bowl Is poisoned;
burn the sugar."
Two horses belonging to Mr. Moats re
cently died under suspicious circumstances
and in convulsions. The sugar has been
submitted to Dr. Clark of Sutton for a
chemical analysis and It Is reported that
he found unmistakable evidence of the
presence of strychnine. No arrests have
FATAL WRECK NEAR TULSA
Passenger and Freight Trains Collide
and Two Trainmen Are
TULSA. Okla., Jan. 4. A passenger train
and a freight train on the St. Louis & Ban
Francisco railroad collided head-on, near
Fisher, a small station twelve miles west
of Tulsa, this morning. One engineer and
one fireman were killed and a score of
others were more or less serlonsly injured.
Wnn. r, f Vi itauwnwrl n u fntnllv hurt
The trains were what Is known as the!worla thut the petition for ceUlorarl was
Meteor, a fast passenger train, southbound,
that left Kansas City last night for Okla
homa and points south and a northbound
W. A. MILLER of Enid, Okl., engineer.
FIREMAN, name unknown.
Tho seriously injured
Fireman Hancock, arm. leg and back
1 i. ..
Conductor Barnard, leg broken.
C. E. Hoaey, passenger, address
Frank Weddle, express messenger, knee
CASTRO UNDER THE KNIFE
Before Going on Operating Table
Venesuelaa Executive Issues
BERLIN. Jan. 4. Former President
Crstro of Venesuela was operated upon In
tMs city this morning by Dr. Israel, the
Cerman specialist, for the kidney com
plaint with which he Is suffering. Tho
operation Is designed to overcome the ef
fects of an unsuccessful one performed In
Venezuela about a year ago.
The president's operation was regarded
so dangerous that, before submitting to
It, President Castro caused the following
statement to be given out:
"I can only express satisfaction that
this operation is to be performed, so that
the whole world may know I did not come
to Germany In order to shirk responsibil
ity, and much less because I Imagined fur
a single moment what waa going to hap
pen In Venezuela during my absence."
It ia understood that Castro came
through the operation fairly well and he
Is doing as well as could be expected.
WIRELESS T0C0VER SEABOARD
Tower Five Hundred Feet Utah Will
Be Erected In Wlib.
WASHINGTON. Jan. 4.-Btds for the
constructitou of a steel tower, about sOO
feet high, to be used ss a station for the
wireless telegraphic aystem at Washington
will be opened tomorrow. When this sta
tion Is In operation it Is said by officers
who have charge of the wireless service
of the navy, that the department will be
In constant communication will all vessels
on the Atlantic sesboard. It is believed
that it will be possible to communicate
directly with ships within l.OuO miles of
STANDARD WINS OIL CASE
Supreme Court Refuses to Review
Big Fine Suit.
REVERSAL OF FINE WILL STAND
Decision Tnrns Largely on Right of
Supreme Court to Interfere
After Court of Appeals
Han Already Acted.
WASHINGTON, Jan. 4. The $29,030,000
fine case of the Standard OH company will
not be reviewed by the supreme court of
the United States. The decision of the
court to this effect was announced by Chief
Justice Fuller soon after the court con
vened today. The case came to the court
on a petition filed by the government ask
ing the court in a petition for a writ of
certiorari to order up the record In the
case for a review of the decision of the
United States circuit court of appeals for
the second circuit, by which Judge Land Is'
original decision imposing a fine of $29,OiX),0u0
againat the Standard OH company for ac
cepting rebates from the ral.road companies
was reversed. In the supreme court the
case turned largely upon the right of the
court to interfere In view of the fa,Jt that
the case had been passed upon by the court
of apials, the government contending for
such privilege as a right, while It was
urged in behalf of the oil company that
the precedents were all against such a pro
ceeding. The action of the court consisted
In the announcement that the government'a
petition would not bo granted. The effect
of this announcement will be to leave stand
ing the decision of the court of appeals,
which was adverse to the government and
favorable to the company.
Case to Ba Retried.
The court's announcement was the barest
formality. No leaaona whatever were given
and the determination of the court was
stated along with a number of other cases i
of comparatively littlj Importance. The j
chief Justice simply announced in so many
denied. Under this ruling the case will now
go back ti Judge Lunula' cuurt for a new
trial, In accordance with the decision of
the court of appeals.
It ia stated at the Department of Justice
that the decision gives the case its or glnal
status subject to the views of Judge Grjss-
tun. as contained In hia decisions of July
, 22 and November 10, in. TUi In effect
1. That the trial court (Judge Landis) had
erred In Its rulings on the udmlos.on and
exclusion of evidence ami in its cliargu
to the Jury lu adopting the view thai u
shipper can be convicted of accepting u
rebate, even though it is Shown on tli
matter cf intent that he did not know what
thu lawful publ. ailed rata actually waa.
2. Thai thu true tests of the nuinher of
offenses la not tint number of carloads
transported, but the number of amgle
tranaaciona r suiting In a shipment; that
tl.u fifffunwi nf arocntinff n. I'onrcHHinn !
the "transaction" thut tho given ret- con-
summates wnereby the shipper for the
thing shipped, no matter how great or how
Utile Its quantity, receives a rale different
fi'.m the established rate.
3. That the trial court a bur el its diwre-
tlon In imposing an excessive fine of 1-Sl,
The question as to when tha caa will
again be presented to Judge Lamlia for
trial depends upon the United Stitcs at
torney for the northern Illln Is district, but
it 1 An,.rlpa that some action towaid that i
, 7 ... .i.. t...m,
end Will ID ian.cu Wlimii ilia lie. i3 t.
It is presumed that Judge Lan ill w 11
agalu personally conduct the trial
May Not End Case.
CHICAGO. Jan. 4 United States Dla
trlct Attorney 81ms was Informed of tho
adverse ruling of the supreme court in a
private telegram. He declined to discuss
the matter, stating that announcement of
any future action In the case must come
It la pointed out, however, that the su
preme court's ruling by do means neces
sarily ends the caae. The original case
may again be tried before Judge Landla,
bearing lu mind the appellate court's de
cision that the UiiVtMO fine waa exces
sive, and other errors found In the lower
court's decision, or the government may
proceed on some entirely new caae with
practically the same evidence, however,
the baala for which already exlsta In
previous indictments. These indictments
were returned at the time of t lie Ind'ct
ment which waa adjudicated in Judge Lan
dis' court and may be renewed Other in
dictments were voted in Tennessee, and it
Is not Improbable that tha government's
next attack on the Standard Oil company
will take place In that state.
Not a Word Filters Outside from the
LIVELY TIMES PRECEDE CAUCUS
House Republicans Rndorae Officer
of l.aat "easlon and Select Kll
Ilan of Gage as Floor
(From a Staff Correspondent.)
LINCOLN. Jan. 4. (Special Telegmm.)
The democrats are meeting In secret cau
cus tonight to select officers for the sen
ate and house. It has leaked out. over
tho transom, of the aenate caucus that
the following have been agreed upon: C
W. Tlbootts. president pro tern; J. R.
Smith, secretary; Edward Howell of
Douglas, chairman of the committee on
employes; Doc Tanner, also of Douglas,
chairman of tho committee on commit
tees. The house caucus Is more secretive
and not n word has leaked to the outsldi
of tho doings behind the closed doors.
The republican caucuses wore both open.
Tho house caucus decided to present tho
officers of tho last session, headed by Dan
Nettleton of Clay, for speaker. Dan Kllllan
of Gage, was selected us flocr loader.
The senate caucus named a committee to
ascertain what committees the msjority
proposed to give them and name the chair
men of those committees and also to ascer
tain if yie democrats 'desired to allow the
republicans to name the majority members
jf the committees, and if so, to make up
such representation. The committee se
lected for thia purpose Is: First district,
Cain of Richardson; Second district, Lav
erty of Saunders; Third district, Wlltse of
Cedar; Fourth dlatrlct, King of oPIk; Fifth
district, Warren of Phelps; Sixth district,
Meyer of Brown.
Clark Refuses to Attend Meeting.
With the upprnuch of voting In caucus
and flnul settlement of the speakership
fight tho antl-optlon force ledoubled their
efforts to secure 4 declaration frjm mem
bers. Stoecker of Douglas renewed his ac
tlviiy and the feature was an effort to get
all the opponents of option into a meeting
together with the candidates for spdak?r
who were on this sld?. It was plainly an
effort of Stoecker to boost his stock undor
tho gul3 of furtheranco of antl-opMon, but
it failed for the Clark forces would not be
drawn Into the aiet and when Invited by
Henry Richmond, candidate for chlof cleric
of the house, Clark .of Rloiiardaon. leading
candidate of the antl-optlonlato for speaker,
refused to .enter the neetlng On the ground
that the other candidates wre not there.
Mr. Clark had no hesitancy in giving his
decision and remained outside while tho
fifteen or twenty who had gathered In the
caucus room sat there till they grew tired
and the company melted away.
The attempt to stampede proved utterly
futile and the contest after this returned
to the old state of "milling" Into which
It has been kept by a few clever politicians
who hoped at tho last to accomplish theJr
desires when the members were worn out
trying In vain to land fnvorlte sons and
would be glad to Jump Into the band
Clark of Richardson during the dny
played an astute part, keeping aloof from
entangling alliances, as was evinced by hlu
refusal to go Into a meeting that might
give color to his part In a combination.
Hotel Lobbies Lively.
The lobby of the Lincoln hotel, where
the members have been hjlning their pic
leglslatlve consultations, presented today a
fcene much like that which always accom
panies the conventions of the demo-pop
party as they have gathered In the past
The majority of the democratic mmbeis
have come to Lincoln for the first time and
are unbk lied In the gentle art of manipu
lating, but there are some on the ground
who have been here before, who have ben
here for years running and who know what
to do In Just such cases. These g-ntle-men
are not visible in the lobbies, but their
wurk was ee-n in the outcome Of tha con
test. """ -'' Un-
I fh"" during the day. As between Henry
seemed the morn certain of success, though
at any time a compromise and division of
the spoil waa a poi-siblllty.
During the day the roud the band wagon
would take was hard to discern. The on
slaught of the antl-optionlsts upon the
strength of Henry of. Holt, the ljdlng
option candidate, was vigorous. Tho train
brought in many workera, who bent every
effort to reduce hla strength, and were
! free In their predictions that seen If Henry
should be a leador, or even high man, still
Wg ,ead W()Ulcl insuffzclent to make him.
. , ...... ,,
! ""d bo"' Taylor of Cu ter and Bow-
, man or Muckou. PSier lights on the optl m
side, vould go down, for it was said they
ccu.d not ac?ompl all what Henry failed ti
do. Then the hope of the anti- pti nists
lay In the belief support would low natur
ally to Clark In the desire to settle the
contest If a dark horse did not succeed In
the caucus. The dark horse)
touted most energetically was Pool of
Johnson, an antl optlon at. His f rces wiri
not thoroughly organised and consequently
ttie predictions in his behalf were not of
the roseate huo, though he was frequently
mentioned as a man of the option type
upon whom the members might unite with
lens friction than upon Cark, who is the
recognized candidate of the allied interests.
Frlenda of Taylor of Custer, and Bowman
of Nuckolls, would by no moans admit
during the day they were out of the run
ning, and Taylor waa mentioned frequently
as a man to watch and one whose strength
might be a surprise. The fizzle of I he
Stoecktr agitation was generally com
mented upon. It la known that he has not
an absolute hold upon the delegation and
one report la that four mem ben from
Douglas county would not be swung by
Mullln Refuses to subside.
Arthur Mullen .who gave up Ida large
law practice to be oil inspector under
Governor-tied Bhallenbei ger, reached Lin
coln last night, and after casting a crit
ical eye over the work of his lieutenants
had a conference with Governor-elect
Shallenberger. At the conference Mr. Mul- ,
len was Informed that It waa considered
very reprehcnslbl In the tyea of the gov.'
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