Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 05, 1909, Image 1
The Omaha Daily Bee VOL. XXXVIII NO. 171. OMAIIA, TUESDAY MORNING, JANUARY 5, 1909 TEN PAGES. SINGLE COPY TWO CENTS. i ESTIMATES TOO L0wr -Ummary of hie dee TWOMEMORIALS TOCUNGRESS 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. '909JANUARYI909 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 I 2 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 atorial Cancns. 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 Iaale. 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 panic. 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 exaggerated. 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 drowned. 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) THB WEATKEB. 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, Tuesday. temperatures at Omaha yesterday Hour. Deg. .... ; .... 07 .... 3 .... 3 .... 3 .... ot .... 42 .... 44 ;fl .... 33 .... 32 .... 1 .... 2S .... 22 .... 11 .... lb .... 13 6 a. m.... 6 h. m. ... 7 a. m.... f a. m.... 9 a. m.... 10 a. m.... 11 a. m.... lii m 1 P 2 p. m . . . . 3 p. m ... 4 p. m.... 6 p. m.... 6 p. ni.... 7 p. m.... p. m . . . . 9 p. m.... DOMESTIC 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. Page 1 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 POBEIOBT. 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 XTEBBASXA. 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 NAPLES. Rtpvbllc. HXlAfAX, - t.. ........... Taeiaum.-' EFFORT TO KNOCK OUT JUDGES Democrats Want Legislature to Can Tasa Supreme Court Amend ment Vote. (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 the vote. 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 ter, Jr. 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 ville Riot. 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 preme court. 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 Leglalatare. 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 law unconstitutional (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 tlff controversies. 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 cial club. .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 weeks. 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 settlement. 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 the Month. 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 diately available. The resolution passed by the house called fox. the appropriation ' $3GO,Ooo more than the president asked and the senate agreed to it 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 doors. 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 as fo.lons: "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. "THEODORE ROOSEVELT." "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 been made. FATAL WRECK NEAR TULSA Passenger and Freight Trains Collide and Two Trainmen Are Killed. 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 freight train. The dead: 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 not known. Frank Weddle, express messenger, knee crushed. CASTRO UNDER THE KNIFE Before Going on Operating Table Venesuelaa Executive Issues Formal Statement. 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. Ington. 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 Washington. 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 weiii: 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, 210,000. 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. weeks. 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 'from Washington. 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 House Conclave. LIVELY TIMES PRECEDE CAUCUS House Republicans Rndorae Officer of l.aat "easlon and Select Kll Ilan of Gage as Floor Leader. (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 wagon. 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 .... v..,-3 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 i atampedlng 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 hlr.i. 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.'