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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 'Winning Hand. to Appear for Judge Holcomb. I 2 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 3 IC I? 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 Property. 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 recover. 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. 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 Thousand Men. 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 Local. 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- villa lulla. 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 Flva Vears. ROCHESTER. N. Y.. Jan. lg-Right Rev. Bernard J. MoQuald. bishop of tha Roman Cathollo dloces or Rochester, died early Way. Md 84 years. 1 WZaTXIB. FOR OJ COUNCIL BLUFFS AND VICINITY . and colder. Tuesday. FOR NB. ". - K Fair and colder Tues day. ' - FOR IOW ' ". ly cloudy and' colder Tuesday. u Temperatur maha yesterday: - Hour. . . . Dcg. 6 a. m i a. m h. . M 7 a. m 2 a. m.... It a. m.... 10 a. m.... 11 a. m.... 12 m 1 p. m.... 2 m.... 3 p. m.... 4 p. m fi p. m (I p. m.... 7 p. m.... '. p. m.... 9 p. m ... DOaCXsTIC. 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. rags 1 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. rag 1 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 XTXBaVaBKA. Number of agricultural associations holding meetings in Lincoln this week. among them State, Board of Agriculture. Pag 3 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 X.OCAX. 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. LIVERPOOL BobcmUn HAVRE Sardinian. MOVILLB Caladonla OIBH ALTAR. C'tronla Pannoola. SOUTHAMPTON. St. Louis NAPLES Canoplc QL'EENSTOWN.. Lucanls. SOUTHAMPTON. g. A. Victoria. BOSTON gylranla Caledonia. HALAFAX Coralcan Grampian. TEXAS OIL COMPANY OUSTED Supreme Court Upholds Decision of Loner Court Imposing; Bit. Fine. 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 cision today. "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 Death. 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' Federation, 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 sand Dollars. 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 (i- (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 school. 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 hero." 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 pension bill. 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 them. 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 mediate Steps. 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 governor says: "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 tional government. "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 Was Affirmed. 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 United States. 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 Patients. 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 Staffs. 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 purchase. 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 of process. 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 Hint Ousted. (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 final decision. 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 are elected. 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 been questioned. 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 I 1