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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 19, 1909)
The Omaha' Daily Bee
VOL. XXXVIII NO. 186.
OMAHA, TUESDAY MORNING, JANUARY 19, 1900 TEN PAGES.
SINGLE COPY TWO CENTS.
PUBLIC LAND STEALS
SUMMARY OF THE BEE
GENOA KEEPS INDIAN SCHOOL
COURT ATTACK TODAY
Taeaday, Jannary in, 1900.
Senators Take a Hand and Help Out
Judge Homer Sullivan of Broken Bow
09 J ANUARYI909
SUN MON TUt WED TMU FRI SAT
the Nebraska Congressmen.
GREGORY GETS KEW LAND OFFICE
End of a Hot Contest, la Which Sen
ators and Congressmen Take
Part, and Gamble Holda
to Appear for Judge Holcomb.
5 6 7 8 9
12 13 14 15 16
9 20 21 22 23
6 2728 2930
CASE MAY GO OVER FOR A YEAR
Some Doubt About Eligibility of
Present Judges to Sit in Case.
(OH WHYDfo . A
I RUNAWAY s AS
Wholesale and Astounding Frandi
Within Fast Two Years.
PRINCIPALLY 15 THE WEST
Hundred Ten Million Dollars' Worth
of Lands Illegally Acquired.
THLttTYTWO IHOUSAUD CASES
Kearly Two-Thirds of Them Are in
State of Wy,fling.
GAEFIELD WRITES TO C0SGBES3
Additional Appropriation of Half
Million la Ashed to Pk
Frosaeattoa ana Reeover
WASHINGTON. Jan. 18. Startling
Information of alleged wholesale and
astounding fraud upon tha public
lands has come Into the posses-
slon of Becretary Garfield through
special agents In the field. The allegation
Is made that approximately IllO.OOO.OOO worth
of lands In states, principally west of the
MliaJ, "plpyl river, have been fraudulently
tsntliln th last two years by coj
pOin.m a Individuals.
With a' view to recovering these lands
Secretary Garfield today sent letters to
Chairmen Halo and Tawney of the senate
and house appropriation committees, respec
lively, asking for an addltlolnal appropria
tion of $500,000 which, If granted, with that
'ready asked for. will give, the department
i,000,00 for that purpose. The specific
purpose of the appropriation requested Is
for preventing "depredations upon public
timber, protecting public lands, examining
swamp lands, etc."
It Is stated that there la reasonable pros
pect of recovering much of this alleged
fraudulently acquired land If the appropri
ation is quickly made. It is also pointed
out that $1,000,000 fay seem large, but It Is
not 1 per cent of the commercial value of
the land which the governfent may hope to
Secretary Garfield also subflts a state
ment of H. It. Bchwartx, chief of the field
service, showing over $2,000 distinct cases of
alleged land frauds demanding further In
vestlgatlnn. The number of such cases
awaiting Investigation now pending Is
Oregon. 1.462; California and Nevada, 1,408;
Washington and North Dakota, 1.325; Mon
tana, 3.G0S; Colorado, 8,621; Arizona, 4M;
'Wyoming. 21,156; Minnesota, Michigan
Wisconsin, North and 8outh Dakota, 6,894;
Missouri, Louisiana and Arkansas, 1.593;
I'tah, 1.48; Oklahoma and Kansas. 1.012;
New Mexico, 1,251, and Florida, Alabama
ind Mississippi, 1.960.
- A summary of moat of the larger cases
affected by charges of fraud or illegality
pending are submitted, but the details of
Identification and the names of parties are
snritted 4ecuu. it. 1 stated . this would
tnbarrae further Inquiry Into such cases.
,Tlm additional appropriation also Is re
quested, tha secretary says, an account
of the Increased demand on the field
service of the land office, due to the
transferring to that division of much work
which has been done In the past by the
secret service and the special service of tha
Department of Justice. '
REGRETS TO TURKISH PORTE
near Admiral t perry Sends Word
Fleet Will Nat Tall at
CONSTANTINOPLE. Jan. 18.-John O. A
Lelshman. tha American ambassador today
conveyed to the sublime porte the regrets
of Iteai1 Admiral Sperry that It would be
Impossible for any battleships of the
American fleet to visit Constantlnlple as
the plans bt the cruise wouldr prevent It
Mr. Lelshman will proceed to Smyrna on
board' the Scorpion to visit the battleships
Louisiana, and. Virginia. Ten officers of
the Turkish navy will join the American
battleships at Smyrna and accompany
them to America.
RISE OF RIVERS HELPS MINES
Starting of Water Traffic Gives Em
ployment to Over Five
rJTT6Dl'RO, Pa.. Jan. 18.-Due directly
to the recent rise In the rivers, which per
mittee! the shipment of 15,000,000 bushels of
coal to southern ports, a large number of
river coal mines In this vicinity resumed
operations today, affording employment to
about B.OoO miners. Last October the mines
suspended owing to a shortage of shipping
facilities. The river bsrges were filled
with roal, the mines were without railroad
conncYtlon and the stage of water was too
low for navigation. 1
MORE SHOCKS AT MESSINA
Tremors Felt at Brief Intervals
Are Found to Be Purely
ViEJdl.NA. Jan. 18. Slight earthquake
shucks contlnuo to be experienced her? at
brief Intervals, showing that the earth has
not quite settled. The quakes ure not
being registered by the observatories in
fie immediate vicinity whldi is evidence
that the movt-ment is local only.
General Massa has given Instructions that
all papers, documents or other property
found in the ruins of the American consul
ate ht turned over to Stuart K. Lupton,
the new consul of the United Slates.
WILL NOT REPRESENT NEGROES
Senator Foraker Denies He Will Art
a Attorney In Browns-
WASHINGTON, Jan. 18. Senator J. B.
Foruker, In a signed statement today, set
ot rest the story that after his retirement
fiom tlit senate Murcft 4. he would be
come the counsel for th discharged negro
s Idltrs of the Twenty-fifth Infantry. The
story, he says. Is not true, and he adds
that he could not accept such employment
should It be tendered. Both Senator For
uker and Bishop Johnson deny all knowl
edge of any fund being raised for the pur
pose of defending the Brownsrlllt soldiers.
BISHOP M'QUAID IS DEAD
Head t DltMM Of "-Chester Ea
ptree at A are at Eighty
ROCHESTER. N. Y.. Jan. lg-Right Rev.
Bernard J. MoQuald. bishop of tha Roman
Cathollo dloces or Rochester, died early
Way. Md 84 years.
FOR OJ COUNCIL BLUFFS AND
VICINITY . and colder. Tuesday.
FOR NB. ". - K Fair and colder Tues
day. ' -
FOR IOW ' ".
ly cloudy and' colder
- Hour. . . . Dcg.
6 a. m i
a. m h. . M
7 a. m 2
It a. m....
10 a. m....
11 a. m....
1 p. m....
3 p. m....
4 p. m
fi p. m
(I p. m....
7 p. m....
'. p. m....
9 p. m ...
Nrraka senators help out congress
men, end as a result, of Joint labors Ge
noa In likely to retain Its Indian school.
Gregory, S. D., gets a land office.
Secretary Garfield, In letter to senate
and house, said that public lands to value
of $110,000,000 had been fraudulently ac
quired by corporations and Individuals
within the last two years. - Tags 1
Brief hearing of , case . against New
York World and Indlapaolls News which
Is on it. New York Is cut short by argu
ment on Injunction. Fare 9
John Williams, wife and three children
of Clarks are victims of the Dotsero
wreck, the only member of family left
being a 4-year-old son, who Is Injured.
Bitter inventive against President
Roosevelt by Wlllett of New York was
stopped by vote of the house of repre
sentatives. , , , Page.l
Murdei of wife and daughter and sui
cide of W. L. Seeley of Seattle was ap
parently due to lack of funds. rags 1
Number of agricultural associations
holding meetings in Lincoln this week.
among them State, Board of Agriculture.
Edward Stokes, a Brown county ranch
man, killed by wagon overturning on
him Far 3
Judge Homer Sullivan, acting for Silas
A. Holcomb, will file suit Tuesday to test
the legality of Governor Shallenberger's
supremo judge appointments. Fags 1
Wetmore. on trial for bribery, makes
statements when being severely cross-examined,
which are somewhat at variance,
while Very Rev, George Beecher tells his
story and la not cross-questioned by the
defense. Pago T
C E, lonr. friend of Jack Curtain, as-
aasln of Patrolman Smith, Is locked "up
by officers, together with a woman named
Carter, with whom Long has been associ
ated. Face 3
oosncnaczAX ajtd iitsubtxiax..
Live stock markets. Pag 9
Grain markets. Pag 9
Stocks and bonds. Pag 9
HOTtKXNTS OP OCTBAJf ITXAlfSKIPS.
Port. ArriTtd. Sailed.
OIBH ALTAR. C'tronla Pannoola.
SOUTHAMPTON. St. Louis
SOUTHAMPTON. g. A. Victoria.
BOSTON gylranla Caledonia.
HALAFAX Coralcan Grampian.
TEXAS OIL COMPANY OUSTED
Supreme Court Upholds Decision of
Loner Court Imposing;
WASHINGTON, Jan. 18 The supreme
court of the United States today confirmed
the decree of the state courts of Texas Im
posing a fine of $1,623,000 on the Waters
Pierce Oil company of St. Louis and outst
Ing It from the state on the charge of vio
lating the Texas anti-trust law.
The court also sustained the action of the
Texas 'state court In the appointment of
Robert J. Eckhart as receiver, and thus
again decided against the company which
sought to have sustained the action of the
federal court in appointing C. B. Dorches
ter at the instance of the company. The
decisions in all the cases were unanimous.
ST. IXH'IS. Jan. 18 J. D. Johnson, geo-
ral attorney for the Waters-Pierce Oil com
pany and one of the associate counsel In
the Texas suit, declined to discuss the de
"The Associated Press dispatch Is the first
Information which I have had on the mat
ter," he said. "Obviously I am not pre
pared to discuss it."
STORK GAINS ON FATHER TIME
Vital Statistics In France Show Ex
rrss of Births Over
PARIS. Jan. 18. The vital statistics for
the first six months of 1908 show a gratify
ing decrease in tho proportion of deaths
in France, a condition attributed to the
mt re stringent application of laws of
hygiene. During tnw penoa mo Dliths ex
,.,....l..,l the deaths bv 11.000. uirnln.st in
rxcess of 55.000 deaths for the correspond
ing perioa 01 jsui.
MOYER LOSES DAMAGE SUIT
supreme Court Decides Astalnst For
mer President of Miners'
WASHINGTON. Jan. 18. The supreme
court of the I'nited States today decided
against ex-President Moyer of the West
ern Federation of Miners in the damage
suit brought by him against former Gov
ernor Peabody of Colorado on account of
Moyer's Imprisonment on the governor's
orders because of his alleged connection
with riots at Tolluride. Colo., In 1904.
OKLAHOMA BANK IS ROBBED
Thieves Drive Bark Pass of Cltlseas
and Escape with Three Thau
ENID. Okl.. Jan. 18.-Kobbe.rs blew
open the safe in the First State bank at
Carrier, thirteen miles northwest of Enid,
early today, and escaped with $3,000. A
number ot citizens attracted to the scene
by tha explosion of dynamite used In
getting Into the safe were driven back by
tha robbers, who escaped
(From a Staff Correspondent.)
WASHINGTON, Jun. 18. (Special Tele
gramsSenators Burkett and Brown had
a conference today with the chairman of
the committee on Infilan affairs of the
house, James S. Sherman, who on March 4
will become Vice president of the United
States,' relative' to the discontinuance of
the Genoa' Indian school. Commissioner
Leupp In his last report recommended the
discontinuance of nonreservhtlon schools,
believing that better results could be had
by educating the Indians on their reserva
tions than In sending them to outside
schools.' Genoa under thla rule was marked
for -early abandonment. , Not that it stands
among the best non reservation schools of
the country. While there was no great fear
expressed that the school, would be .discon
tinued' by reason of Nebraska having two
members on the committee on Indian af
fairs, Mr. Hlnshaw of the Fourth and1 Mr.
Hitchcock from the Second district, It was
thought best to have van expression from
the senators Ln relation to Commissioner
Leupp's recommendation. And aa a result
of the 'conference had with Mr. Sherman
today by the senators from Nebraska it
safe to say that Genoa will hold Its school
for next' year at least, and possibly for
many years to come.
The senators ln their talk with Mr. Sher
man today bore down upon the fact that
In the absence of reservation schools Genoa
was best fitted to serve the large territory
adjacent thereto. Since Its establishment
Genoa has won the title of being not only
efficient, but having more pupils In propor
tion to its size than any nonreservatlon In
dian school In the country. They called
attention to the fact that precipitate action
would bring disaster to the business Inter
ests of the community.
Chairman Sherman Intimated that he ap
preciated the protest of the senators and
the. Interest thown by, tho senators from
Nebraska In Its continuance. He stated that
the matter would be left In the hands of
Mr. Hlnshaw, who would be asked, aa a
member of the Indian affairs committee,
to frame up the necessary legislation look
ing to the continuance of the Genoa
New Land Office at Grearory.
President Roosevelt this afternoon signed
proclamation creating a new land office
at Gregory, Gregory cpunty, South Da
kota. This new office Is to take the place
of the office now at Mitchell, the remain
ing business which remains In this land
district to be transferred to the Cham
berlain district. The new district Is made
necessary by the increasing business due
to the opening of Indian lands In Gregory
and Tripp counties.
This ends a strenuous fight between the
two warring factions of tha republican
party In South Dakota, one headed by
Senator Gamble and Representative Hall
and the other by Senator Ktttredge and
Representative Martin. The Gamble people
won out. Senator Klttredge and Mr. Mar
tin wanted the new land office to be lo
cated ' at Dallas. Senator Gamble and the
Gregory boomers had with them Secretary
Garfield as well as Land Commissioner
Denett and therefore stood a small chance
to lose. Gregory Is the largest town In
Gregory county and Its situation geograph
ically, coupled with Its railroad facilities,
make it the best adapted for headquarters
of the new land office according to the de
partment's views. By reason oJJ the victory
there is Joy in the camp of the Gregory
boomers, Messrs. Fred Huston, W. H.
Tackett and Windsor Doherty. These gen
tlemen from Gregory, who have been here
for some days In the Interest of their city,
leave Washington tomorrow and will arrive
ln Gregory Friday night. C. M. Rose and
George Jeffreys, who represented Dallas
In the fight for the location, also leave
Washington today, wholly unreconciled.
They even can't tell how It all happened.
Petition for Free Rides.
Nebraska legislators have been treated
with a distinct surprise by the receipt of
petitions from the western part of the
state, where the cattle industry Is strong,
asking that hides be placed on the free ltst.
Senator Brown today presented to the
senate a petition signed by a large number
of business men of Chadron, asking for
this action. ' In this petition the Chadron
business men said: "We the undersigned
business men and cattle raisers of Dawes
county, request that you ask that the tariff
be taken off and hides put on the free list.
We deem that legislation of this character
will work to the Interest of the merchant
and stork raisers and mechanic Instead of
building up special Interests which only rob
us In the end.
Grain Dealers Want Investigation.
Senator Brown also presented a reso
lution of the Grain Dealers' National as
sociation petltlng congress to Investigate
tha grain trade in respect to first handling
In terminal markets, export of grain and
kindred matters. It Is stated by the
petition that the association has full
confidence that such an investigation would
vindicate the grain trade and forever set
at rest the agitation for government control
of the inspection of grain.
Senator Brown presented the petition of
the Commercial club of Lincoln, asking
that the expenses of railway mall clerks
when on the roai be paid by the govern
ment. Isadore Zelgler Honored.
Isadora Zelgler of Omaha has been named
hy Senators Burkett and Brown as a
member of the floor committee from Ne
braska to attend the Inaugural ball, the
scheme of the Inaugural committee being
to have men selected from every state of
the union tj act as a floor committee at
that function, which Is part of Mr. Taft's
Induction Into office.
Inquiry Into Prague Incident.
Representative Hitchcock of Nebraska
today introduced a resolution calling on
the secretary of state for any Information
he may have concerning an encounter n
the city of Prague, Bohemia, on or about
December 1 last, between the police author
ities and certain citizens bearing an Amer
ican flag. It is claimed that after a strug
gle the police seised and publicly tore the
flag Into strips and trampled it In the mud.
Mr. Hitchcock wants the secretary to in
form the house what steps have been taken
to obtain an apology or reparation for tic
Insult to the flag, if such the'. ws.
Railroad Caaes to Be Advanced.
In the supreme court of the I'nited States
Solicitor Hoyt today asked for the ad
vancement of the argument In the cases of
the Southern Pacific Railway company
(Continued on Second Fsge.)
THE CHANCE OF A LIFETIME.
From the Des Moines Register and Leader.
WILLETT CALLED BY HOUSE
Bitter Invective Against President
Cut Short by Colleagues.
CALLS IXEXTCTIVE A, GARGOYLE
New Yark Representative Also Re
fers to Roosevelt as Plaranr De
scendant ofr Dutch Trades -People.
WASHINGTON. Jan. 18.-A sensational
and bitter attack on President Roosevelt
was made In the house today by Mr. Wll
lett of New York. His remarks, which were
delivered under the license of general de
bate on the pension appropriation bill, were
cut short by a vote of the house that It
would hear no more of them. Mr. Wlllett
characterized- tha president as a "gargoyle,
tyrant, pigmy descendant of Dutch trades
people, hay-tedder, fountain of billingsgate,
a jocularity, imitation of a king and bogus
Mr. Wlllett had completed the reading
of about three- fourths of his speech when,
after repeated appeals to the chair by
numerous republicans that he be called to
order, he was compelled to take his seat.
It was o na motion by Mr. Chandler of
MiBBlsslppl that the New Yorker be allowed
to proceed "in order," that the house voted
him off the floor, 78 to 126.
Mr. Smith of Missouri pleaded for pen
sions for certain militiamen of Missouri,
Mr. Langley of Kentucky did likewise for
some of his constituents, Mr. Norris ot
Nebraska attacked the house rules. Mr.
Larrlngaga of Porto Rico presented argu
ments to show that Porto Rico had not
progressed politically, and Messrs. Goulden
of New York. Bowers of Mississippi and
Ketfer of Ohio discussed the merits of the
Characterising President Roosevelt as a
gargoyle and as "this pigmy descendant of
Dutch, tradespeople," and charging him
with having "established a court In the
White House which would havo delighted
the Heart of Alexander Hamilton," Mr.
Wlllett of New York In the house of rep
resentatlves today made one of te most bit
ter attacks on the chief executive e,ver heard
In that body. Mr. Wlllett took for his
theme, "The Passing of RooBevelt," and ln
a speech of great length dealt with nu
merous of the president's acts since he
came into office and scathingly denounced
After declaring that In the face of all
sorts of conditions Americans were pos
sessed of a universal sense of humor, Mr.
Wlllett said that to such a people "It must
be confessed a chief magistrate who has
himself no sense of humor, moving like a
horse tender over the hayfleld of American
activities, stlring up every drying blade
of once green grass, to let it fall drier than
before; quarreling one day with the prac
tical politicians, then with the part-your-hair-in-the-midille
reformers, then with so
cialists, then with the great industrial cor
porations; wrestling in agony of spirit with
Noah Webster and our glorious English
tongue; taking a fall out of nature fakirs;
exhorting our women to avoid race auicluV-.
cannot be an unmixed nuisance.
Plays the Tyrant.
"He plays the-tyrant, to be sure, but he
Is a tyrant who fears the carnival tickler.
He sees things that have a bad smell, but
the fresh breese of Capitol Hill does not
let the odor linger.
"He tries our patience, but he Is always
good to laugh at. Thank heaven for the
things that make us laugh. Without them
we might easily become raw, untamed
Anglo-Sajions making much of magna
charts, bellowing about an effete bill of
rights or even ready to fight for freedom
of thought, freedom of speech and freedom
of the press, as did our uncivilised an
cestors at Lexington and Bunker Hill."
Mr. Wlllett gave a brief biography of Mr.
Roosevelt's life, beginning with his experi
ences as a cowboy down to tha present
(Continued on Second Page.)
URGES WATERWAY TO GULF
Governor Deneen of Illinois Asks
LrtTlslature to Take Im
SPRINGFIELD, III.. Jan. 18.-In his
message to the legislature today Governor
Deneen urged that prompt and vigorous
action bs taken In the. .matter of a deep
waterways from the lakes to the gulf. The
"Throughout the United States public In
terest has been aroused and attention is
at present directed to the Improvement of
the navigable waterways of the country
and numerous waterway associations have
been formed with a view to promoting state
and federal activity ln carrying forward
the work of construction and development.
The attitude of the representatives of the
federal" government is now more friendly
to a broad policy of waterway develop
ment than ever before and should Illinois
show a disposition to enter vigorously upon
the work of waterway construction It can
not but affect favorably the federal situ
ation. "It seems to bo now an established fact
that the Canadian government Is seriously
considering the construction of the Geor
gian Bay canal, which will give to Canada
a deep waterway from the lakes to the
Atlantic seaboard, affording to our north
ern neighbor and Its mother country a
great advantage over the United States In
the matter of commerce between the At
lantic and the Inland lakes. There should
bu a speedy beginning on the part of the
United States and the states interested in
the construction of the hikes-to-the-gulf
waterway In order that this country may
stand upon an equality In all commercial
advantages with Canada and Great Britain.
Qur state, therefore, should take a leading
part in tho present movement for water
way development and set an example of
prompt and vigorous actioa which will
command the attention and elicit the co
operation of the other states and the na
"The benefits to follow the building of
this great waterway and the development
of water power Incident to its construction
are of such a momentous character that
the interest of the people demand the lay
ing aside of all differences, bias or preju
dice on the part of the members of the
general assembly In an effort to frame a
law under which the work can procted
with celerity, while affording the amplest
guaranty ot the honest and efficient con
duct of the enterprise."
ALTON WANTS A REHEARING
Railroad Asks Review of Case In
Which Sixty Thousand-Dollar Pine
WASHINGTON, Jan. 18.-A petition for
rehearing ln the cases of the Chicago &
Alton railway company, and some of Its
officials, against the United States, In
which the court on an everr division de
cently affirmed a decision Imposing a fine
of $60,000 on the company and the officials,
was filed today ln the supreme court of the
Th-j cases Involve a charge of rebating
to certain packers In Kansas City, Kan.,
which grew out ot the fact that the rail
road company had made an allowance to
the packing company for the use of tracks
running Into the packing company's plant.
BEAUTY DOCTOR KILLS SELF
John H. Woodbury Driven to Death
by Suits of Diuatlilrd
NEW YORK. Jan. U.-John H. Wood
bury, . who had been engaged for some
years In the business of removing facial
deformities and otherwise Improving the
personal appearance, committed suicide at
the Sea Cliff Inn at Coney Island today
by shooting himself In the head and ab
domen. It Is believed that Mr. Woodbury had
been much worried by suits brought against
him by several persons who alleged that
his treatment had been harmful
CASE IS STILL A MYSTERY
Nature of Proceedings Against New
York World Not Divulged.
HEARING IN COURT IS BRIEF
Attorneys for Papers Move to ttuash
Subpoenas Served on Mem
bers of the Editorial
NEW YORK. Jan. 18. The nature of the
proceedings which have been instituted
against tho New York World and the In
dianapolis News because of their criticisms
of the mthod by which the purchase of
the Panama canal was made, was not dis
closed ln the brief hearing in court today.
Acting under Instructions believed to have
been issued by authority of the United
States goernment. I'nited States District
Attorney Stlmson had subpoenaed William
B. McLaughlin, sporting editor of the
World, and J. Angus Shaw, secretary of
the Press Publishing company, to testify
before a federal grand jury twfay In an
action which was not described In the sub
poenas. It was believed, however, to b
the outcome of President Roosevelt's mes
sage to congress. In which he protested
against the Unking of the names of Charles
P. Taft, brother of the president-elect, and
J. Douglas Robinson, the president's
brother-in-law, ln criticisms of the canal
The proceedings wtre halted by an order
obtained by counsel for the World's editors
calling upon Mr. Bttmson to show cause
why Ihe euhpienas should not be quashed.
Several Witnesses Examined.
Several other witnesses in whose behalf
no Injunction was obtained were called be
fore the grand Jury to give evidence today.
The first to be examined was W. H. BJorn-
son, who Is said to be connected with tho
Washington office of Sullivan & Crom
well, the lawyers. Mr. Cromwell had a
prominent part ln the acquisition of the
Panama canal. Mr. Bjomson said that he
was questioned as to whether the firm of
Sullivan &. Cromwell had offered to pay
for the suppression of stories shout the
canal. He said that he replied that he knew
nothing about It as he was otherwise en
gaged at the time of the canal negotiations.
Other witnesses who were waiting to go
before the grand Jury were D. M. Engel
man of an International news service, who
said he went abroad to Investigate the
canal purchase and on his return submitted
a report to the national democratic commit
tee which afterward got Into the possession
of the World.
Jonas Whitley, formerly rf the World,
but now lri the office of Sullivan &
Cromwell; A. C. Rowhey of the Boston
American, and John I. Weir of the New
York American, were also waiting their
turn to testify.
Brief argument was heard by United
States Circuit Judge Henry G. Ward today
on the motion to quash the subpoenas,
after which an adjournment was taken
until 4 o'clock this afternoon, when Judtfe
Ward will hear further arguments.
Holds Subpoena Illegal.
J. M. Bowers of counsel for Mr. Mc
Laughlin and Mr. Shaw argui-d that the
form of the subpoena was illegal Inasmuch
as tho following concluding words of the
subpoena "in a certain laso now pending
and undetermined In this sa'd court be
tween the United States" were crossed
out, making the subpoena read to "testify
to what they may know generally."
Mr. Bowers held that the subpoena was
Illegal Inasmuch as It did not state the
nature of the Inquiry or the person ac
cused and thst the proceeding was an abuse
District Attorney Stlmson, sneaking for
the United States, argued that the form
of the subpoena had been used In practice
In this district for fifty years and was
recognised by the statutes of the United
States. Mr. Btimson said:
"Tha same situation arises in a corporate
(Continued on Third Page.)
TWO INTERESTED IN DECISION
Judges Elected in Fall to Take Seats
in January Competent.
LITTLE POLITICAL BYPLAY
Sullivan and Others Endorsed Dean
When They Thought lie Could Not
Land and ow Want to Hava
(FYom a Staff Correspondent.)
LiNCOLN, Jan. 18. (Special.) M. V.
Homer Sullivan of Broken Bow is expected
In Lincoln Tuesday, accompanied by Judge
Holcomb, and the former will start his pro
ceedings to dUrupt the supreme court and
place the men named by Governor 8hallen
brrger upon the bench.
If the orderly and decent proceedings
promlsM by Frank Ransom, when he
forced the legislature to canvass a printed
abstract of the vote cast for the amend
ments, which had not even been certified
by the secretary of state as a "true copy"
of the original abstracts are counted out. It
will probably be after the next election
before the case Is passed upon.
At the fall election there are three
supremo Judges to be elected to tnke the
place of Judge Barnes, Judge fawcett and
Judge Dean or Judge Holcomb should he
be seated before this by the derrmcratlo
administration, and Senator Ransom per
mits an election.
There is no question but that the Judges
elected at that time would he qualified
to pass upon the case Inasmuch as they
would have thedr titles clear and not be
dependent upon an appointment by any
governor. There Is a grave question now
whether the present court Is qualified to
pass upon the case as two of the judges
are dependent uion the decision for their
places. Under tho law It tequlres four
of the" judges to render a decision and
those who have accepted appointments at
tho hands of Governor Sheldon may
naturally be considered ss having pre
Jndged his rifTht to sit. So to get a quali
fied court to pass upon the question It
will probably be necessary to delay the
proceedings until after the next election
when three Judges will be elected.
Plan n Consistent One.
This plan Is consistent with the argu
ment advanced by Senator Ransom when
he bulled his proposition through the leg
islature. In one of his speeches he said
the proceedings are to be orderly and
decent and there will be nq catling out of
tho mllltla to oust tha present court. Ha
even went so far as to say that tha pro-
ceedlr.gs would be started by -the Jurtgew'
appointed by Governor Shallenberger jatid .
taking Its natural course, the case would
require about a year and a half to get a
Following out Mr. Ransom's promise,
some of the democrats object to any pro
ceedings at this time, but Insist that the
case should be postponed until after elec
tion." But even If Mr. Sullivan Insists on
starting his proceedings tomorrow, It Is
being talked around the legislature that
there Is no occasion for the court to finally
decide the case until after the three Judges
Incidentally the appointment of Judg
Holcomb ln place of Judge J. R. Dean is
now said to have been a case of hoodwink
ing Governor Shallenberger by Judge
Homer Sullivan of Broken Bow, who Is
bitterly opposed to Judge Dean sitting on
the bench even though he did endorse him
when his name was presented to Governor
Sheldon. It Is said by those who claim to
be In possession of the facts that It was
from Sullivan that the plea first came to
get Dean off of the bench. Bulllvan, It Is
reported, worked through M. F. Harrington
and Harrington worked through his handy
man, Arthur Mullen. And so Dean was
sidetracked to satisfy Judge Homer Bul
llvan. Reports from Custer county are to the
effect that the democratic party Is much
disappointed In the action of Governor
Siiallcnberger. Not that they have It ln for
Judgn Holcomb, but becsuso a movement
had already been started to take care of
Holcomb by electing him county Judge.
Holcomb and W. H. Eastman and Clarence
Mackey and the county chairman all
worked for Dean's appointment until Sul
livan discovered that he stood a chance
of getting it, so then he changed front and
Insisted on the appointment ot Judge Hol
comb. The fact that Sullivan used the
governor to punish a man tnat ne amines
has alienated a number ot the leading
democrats of Custer county from the gov
ernor. PARTIAL SIFFRAOK FOR WOMEN
Senator Randal! Expects Ills Bill to
Start Something. s
(From a StiiTf Correspondent.)
LINCOLN. Jan. 18. (Special.) fcenator
Randill s hill, Introduced today providing
for municipal suffrage for women who
own property, he thinks will be the cause of
some lively times before tho session ends.
The senator did not make a campaign on
a suffrage plank, but he says the property
owner In a city hits more right to vote on
t ix pro osltions than does the man without
property, whoso right to vote has never
Two bills by Senator Randall relate to
the Slate Bourd of Kqunllzatton. He ha)
one to raise the salary of the secretary
of the board from tl.tftt to $?,000, th
present recreUry living In Madlsin county.
Another bill amends tho law relating to
procedure of the state board and specifies
that ln figuring out taxes the decimals
below tenths shall not be carried on lbs
books. Tills, he siys, will remove a great
deal of needless work from the tax officers
of the state.
A fourth bill by the Madison county
senator will permit a depository bank re
ceiving state funds to depuslt certain
securities of refognlzed value with the
statu treasurer in lieu of the present
guaranty bond that Is employed generally
for the purpose. The senator figures thla
will be a great sivlng to bankers and
will giv? the state just as certain security
as the method now In vogue.
B. V. . by King f Polk amends tha
game law to prohibit the shooting of game
from blinds and by hunters who wade In
the streams tor this purpose. It also glvei
permission to selns in the Platte river
above where the Ixiup river emptied Into
It The PlatU dries up each yaar and
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