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' 11 ' "r""" IT'K",'-Tt',,r"" " r -r-"-tmi-mBl-1 -M,M.HrMr jmmmm urru, .. . ...., . , , r, , , is
The Omaha Daily Bee
r.
NEWS SECTIO!!.
Pages 1 to 8.
Advsrtls In
THE OMAHA DEC
Best t'hn. West
i
.1
(
OMAIIA, SATURDAY MORNING, FEBRUARY 6, 1909 SIXTEEN FACES.
SINGLE COPY TWO CENTS.
VOL. XXXVIII NO. 202.
1
BOY KILLS MS CHUM
Denniston Charlton, Formerly of
Omaha, Central Figure in Tragedy.
SNAPS REVOLVER AT HIS FRIEND
Didn't Enow it Was Loaded, but it
Wat, and Companion it Killed.
CORONER ACQUITS HIM OF BLAME
Senate Patset Bill to Permit Winne
. biigoei to Drain Their Landi.
SIOUX TO RECEIVE ANNUITIES
Bill nan Passed he Senate ana' Haa
Been Favorably HeoorteeTi la the
Ho ate Money Withheld
S I mem the Sixties.
(from a Staff Correspondent.)
WASHINGTON.. D. C, Feb. 6.-(Bpeclal
Telegram.) Paut Charlton'i son, Dennla
ton, who accidentally ahot and killed hla boy
comrade, Vivian Bowdoln, aon of J. B. Bow-d-'ln'of
the , Southern railway yesterday
afternoon, was discharged by the coroner'a
Jury thl morning.
Tho details of the tragedy were given for
the first time thla morning before the
coroner's ..Jury, when Raymond Bowdoln,
brother of Vivian, told how Denniston had
pulled a revolver from hla pocket on the
atalrs of the Western High achool and
commanded hla boy comrades to "throw
up your hands." Raymond Bowdoln testl
'fled tHat the boys had been kept to do
Borne extra work. After they had entered
the hall of the high achool young Charlton
pulled the revolver out of his pocket, and
In the- language of the west, ordered hla
comrades to put up their hands. The trigger
waa pulled and It came down with a click.
Young Charlton pulled the trigger again
on the theory that the pistol waa unloaded
and Vivian Bowdoln fell to the floor with
a stream of blood flowing from his fore
head. In an hour Vivian Bowdoln was
dead. After hearing the testimony of wit
nesses 'to this extremely sad story the jury
discharged Denniston on the ground that it
was an accident.
raul Charlton, father of Denniston
Charlton, formerly lived In Omaha and la
now In the insular service of the United
Stales government in Washington. He la
a relative of Mrs. A. O. Charlton, Twenty
fifth and Parker streets, Omaha. ,
Judge Charlton said tonight that he waa
profoundly grateful over the action of the
coroner'a Jury In discharging his aon on
the ground that the shooting hail been
.accidental.
"My heart Weeds," he said, "for the dead
boy. lie waa niy son's best chum. They
weie vkyrarklog. I suppose, and Donnletou
pulled the pistol, which he purchased sev
eral days before, according to his statement,
and It went off.".-
Draining )dis Usdi.
The senate today passed a bill introduced
by Senator Burkett to enable the Winne
bago Indians to protect from, overflow their
tlbal and allotted lands located within tbs
boundary lines of a drainage district In
Xcbraxka. This bill permlta tho Indians
to spend their own money to protect them
selves from the overflow and to drain their
lan-Js at a' price not to exceed $8 an acre.
The bill also authorises the secretary of
Ilia interior. In Ills discretion and under
such regulations as lie may prescribe, to
I'uy out of the per capita to the Indiana of
tlic Winnebago tribe for allotted lands within
the drainage districts the proportional
shares Of said Indians In funds now remain
ing to the credit of the tribe.
Aaaaltle-s May Be Restored.
The annuities to the Minnlconja and
V ahnnkota Sioux Indians, which were
withdrawn In ISft), following a rebellion by
these tribes, may he restored to them. A
bill to this effect, which has been paased
by Uia senate, will be favorably reported to
the house by the committee on Indian af
falra.
Minor Matters at Capital.
The senate In executive session today con
firmed the nomination of D. W. March as
receler of the hind office at Pierre, S. D.
A bill authorising the secretary of war to
Wn t the. i late of Iowa a brass Napoleon
gun und a Jismp of cannon balls to be placed
In the parking before the new historical
building at Dcs Mulrus passed .the senate
today. The bill has passed1 the house and
goira to the president for approval.
Senator Warren secured the passage to
Uy of a bill providing for the donation to
he city of Cheyenne, Wyo., of six con
demned field pieces, with their carriages,
t j be used for park decorations In Chey
enne. Congressman Hinshaw has received from
the American Society of Equity of Chicago,
resolHtiona adopted by a body of grain
growers, assembled at Hastings, Neb., early
In January, protesting strongly against any
removal of the duty on grain. The action
meets with the entire concurrence of the !
congressman, as he has long advosated pro
tective duties on grain and said as much In
a speech last year.
Dr. J. it. Woodward haa been recom
menced by Mr. Hinshaw for the vacancy
In the pension board at Aurora.
Earl S. Haskell of Ames, la., has been
appointed inspector of agriculture In the
Philippines.
Postal Matters.-
The committee on postofflces and post
roads made favorable reports on the follow
ing nominations for pottmastershlps In
. South Dakota: A. W, Cartels. Gary; J.
O. Russell, . Midland, and F. F. Hollister,
Conde. They will doubtless be confirmed
at the next executive session.
At the request of Congressman Hlnahaw
tit postmaster t York has been allowed
n-i additional clerk at $009 per year.
Tfie president today nominated the tot-'!-lng
postmavters:
Nebraska Albert W. Bear!. El wood.
- !.,a-Jubr. M. Crosson, Eddyville.
'Uih Doketa Ignore Green, Kateoka;
1'iiilip Schanibrr, Eureka.
Mary A. Smith has been appointed post
master at Lancaster, Lancaster county, Ne
braska, vice B. A. Beemer, resigned.
Rural terriers appointed: Iowa, Bovden,
lloute I. Iko Le(hmra, carrier; H. 8. Deth
mere, substitute; Granger, Route L Frank M.
'ox, carrier: Walter V. Kahler. aubstitute;
Humboldt. Route J John i Buckingham,
vernvr: Prances kl Buckingham, substi
tute: Iowa City. Route 1. Edata F. Barnes,
isriler; Uiy E. rlarnrs. aubatitute; Liv
eimore, Route I. Charlea N. Hewitt, car
rier: Leon A. Hewitt, aubstitute; Suther
land. Route 1. Lester H. Cfceslev, earner;
VAhel L. Dunn, substitute. South Dakota,
raot. Roue t, John M. Brwdshaw, car.
SUMMARY OF THE BEE
Satarday, Febrwary 0, 1909.
909 FEBRUARY 1909
Sun mon tue wco tmu fri sat
I 2 3 4 5 6
7 8 9 10 II 12 13
14 15 16 17 13 19 20
21 22 2324252627
28
TKl WIITHCB.
FOR OMAHA, COUNCIL, BLUFFS AND
VICINITY Fair Saturday.
FOR NEHRASKA Fair Saturdsy.
FOR lOWA-Saturday fair, with colder
In southeast portion.
''empe-rmture at umsnn, ywntm.
Hour.
Deg.
... 83
... V
... 32
... 30
... 29
... 29
a. m...
6 a. m...
7 a. m...
ft a. m...
a. m...
10 a. m...
11 a. m...
12 m
1 p. m...
3 p. ni...
S p. m...
... at
28
... 29
... 30
tp. tn.
33
Bp. m E
t p. m 32
7 p. m S3
p. m 32
p. m il
KZBBA.SKA.
Burned bridge on the Omaha road
blocks traffic for a day between Sioux
City and Norfolk. ! 3
Representative Thomas Introduces a
bill providing for a munlcipaf court for
Omaha. rage a
Dick Andrews, asserting he had unin
tentionally robbed his own mother, con
fesses at Lincoln to many bunk and
other-robberies. Tags 3
Governor Hhallenberger In employing
Judge Albert has offended hla kitchen
cabinet, some member of which expected
to get the Job of drafting bank bill fur
$1,000. Comparison with last republican
legislature. lags 1
WAJKXXOVCUr.
The senate agreed to 'he conference re
port on the urgent deficiency bill. It
carries 1150,000 to continue the fight
on foot and mouth disease. ge 1
Kennlston Charlton, former Omaha boy.
kills his chum while playing wild west
lags 1
BOKZSTIO.
Brass band greets Governor Haskell
when he reaches Muskogee to give bail
and he makes a speech charging corpora
tions, President Roosevelt and the gov
ernment with being instigators, of pros
ecution. Fags 1
Governor Glllett sends a special mes
sage to California assembly urging de
feat of anti-Jap bills and the house de
lays action. Fag 1
The new battle efficiency flag awarded
to the Vermont is hoisted at Gibraltar
with ceremony by the whole fleet.
-Page 1
.Announcement Is made that construe
Hon Is to commence In March on the
Yanktos A. Gulfroad. rage 3
rOKZiszr.
Floods 1n Germany have beooine) alarm
ing and the Rhine and tributary streams
are still rising. rage
Austrian Parliament is dissolved amid
wildest scenes of disorder, which grow
Into a general fight among members. '
rage
X.OCA.&.
Boy who Is shot by his father In quar
rel over the cutting of kindling dies of
his wounds. rage d
A. J. Williams of Benson brings suit
to break the. will of his wife, which left
her property to a religious institution.
rage 7
Two Omaha families are reunited by
means of advertisements. Page B
Land frauds in Oklahoma has seriously
impaired land titles In cities In that
state. rags 4
Suits for large amounts filed In the
rilnlrlct court. Page 4
COaCKXKCXAX. AITS DfDTJSTJtlAI.
Live stock markets. rage 15
Grain markets. rage IB
Stocks and bonds. rag IS
MOTSKSirrs or occur TSA.MSzxrs.
Port.
Nit W YORK..
NEW YOHK..
NEW YOHK..
Arrirad. Sal led.
..Majsatlc Arable.
La Oaacogne.
Braslau.
Pannosla.
,C. F. Tlatgaa.
KIW YOHK..
NSW YORK..
BOSTON
HAVHK. .
.Artanaaia.
i:KBNftTOWN...t Lamina.,
Ul'KKNftTOWN ,
rniweTS ,
UVCKPOOL, Laura
UVSRPUOLi Kaionla
NArUBS Sicilian
NAPIJ&S Cannula
LADir i...
BHEMF.N
London
ST. JOHIM.i.n
HALIFAX
..La Lorraine.
. .Canada.
....Madonna.
....(. adrlo.
Manuel Calve,
. . , .Colon.
. ,. .Moniasums.
. ...Sardinian.
. ...Kmp. of Ireland.
TWENTY KILLED BY STORM
Taraadoei Traverse Soath Irons East
Tennessee te Texas Pan
handle. LOUISVILLE. Ky.. Feb. 6. Death for
nearly a score of people, loss of hundreds
of thousands of dollars In property and
the crippling of many telegraph wlrea
resulted between noon and dusk today
from a series of small tornadoes which
swept Dixie from the Tennessee line to
the Texas Panhandle. The storms were
accompanied In moat cases by hall, dark
ness and terrlflo lightning flashea and
jheets of rain.
Moat of the towns .where the losses of
life occurred are isolated, so that newa
from them has been coming in but
slowly. Known deaths thus fir are:
At Stuttgart. AVk.
MRS. UARFIKLD,
CHILD OK W1L STORY, while Mra.
Story la reported fatally injured.
Sulphur Springs. Tex.
MRS, JAMES ARDIS. ,
MRS. C. CALDWELL.
From Rolling Fork. Sharkey county,
Missltelrpt. Just before the telephone
wires Into Jsckson were snapped, the
word came that four had been killed,
while Booth, Miss., reported to Birming
ham that six had met death there. From
other towns, such as Ennls and Waxa
hachte, Tex., and Boecoe, ' La., many
dwellings were said to have been de
molished by the wind. Arkansas and
upper Louisiana rice flelda were injured
to the extent of many dollars, while the
larger cities had rains and darkness.
Illuminated by lightning bolts that made
the atmosphere quiver.
bout dusk Chattanooga waa loat on the
wire running south from Louisville; via
Nashville and bs to be picked up from
Memphis. The local operators heard the
faint words: "Terrlflo storm here black
as night hall falling." and then the
sounders ceased to record. Nashville was
tost similarly shortly afttr that, but later
both towns were looped In when conditions
these ceased In violence.
' la Louisville the entire day waa dark
and ralay, but tLera waa no intimation af
a tornaAa cr of bear? wind,
plJUJ -'
fmtm mc . I
Jil n nil
oe 7 ' 1
VETO FOR THE CENSUS BILL
President Objects to Spoilt System of
Appointments.
PEEJTIlfO PBOVISION DISCUSSED
Thinks Work May He Done by Ton
trut If Klsjht-Iloar Lnwr Is
Applied in Effective
Fashion,
v WASHINGTON, Feb. S.-'The evil effeots
of the spoils system and of the custom of
treating appointments to the public service
as personal perquisites of professional pol
iticians are peculiarly evident In the case
of a great public work like the taking of
the census, a work which should emphat
ically be done for the whole people and with
an eye single l.o their Interest."
In these wordj President Roosevelt today
summed up a message to the house of rep
resentatives returning without his approval
the bill providing for the taking of the
next census, because of the provision pro
viding that appointments snail be mads on
the basis of noncompetitive examinations
Instead of through the Civil Service com
mission. As passed by congress the bill
permitted members and senators to desig
nate persons for positions after they had
undergone a Mlmple examination.
Incidentally the president referred to the
provision autliorlslng the printing of cen
sus reports by private concerns and laid
stress on the point that where work was
so allotted the eight-hour law should be
applied in effective fashion.
Outside of these matters the president
said that on the whole the bill tvas satis
factory to him and represented an Im
provement on previous legislation on the
subject. The house adjourned without ao
tlon on the message.
What the President Says.
The president says he vetoes the bill with
extreme reluctance, realising the value of
time In beginning the census, but declares
it Is of high consequence that it shall be
conducted with extreme accuracy, that it
shall not be open to the suspicion of bias
on rrsonal and political grounds nor to
bring a waste of the people's money and a
fraud.
"Section 7 of the act," he says, "pro
vides In effect that appointments to the
census shall be under the spoils system.
for this Is the real meaning of the pro
Vision that they shall be subject only to
non-competitive examination. The proviso
Is added that they shs.ll be selected with
out regard to political party affiliations,
But there Is only one way to guarantee tht
they shall be selected without regard to
politics and on merit, and that Is by
choosing them after competitive exsmlna
tlon from the lists of ellglbles provided
by the civil service commission."
Perqalsltea of Politicians.
Continuing, the message says:
"To provide that the clerks snd other
employes shall be appointed after non
competitive examination, snd yet to pro
tide that they shall be selected without
regard to political party affiliations, means
merely that appointments ausll he treated
as the perquisites of the politicians of both
Irties. Instead of as the perquisites of
the politicians of one prty. I do not be
lieve In the doctrine that to the victor
belong the spoils, but I think even less
of the doctrine that the spoils slia.ll be
divided without a fight by the professional
politicians on both side,; and this would
he the reeult of permitting the bill in Its
present shape to become a law. Both of
the last censuses, the eleventh and the
twelfth, were taken under a provision of
law excluding competition; that is, neces
Kltatlng the appointment being mde under
the spoils system. Every man competent
to speak with authority because of his
knowledge of and familiarity witn xne
work of those censuses has stated that the
result was to produce extravagance and
demoralisation."
Examination Provision Virions.
After quoting from offlclM reports In
support of his position the president con
tlnues:
"In view at the temporary character of
the work it weuld be well to waive the
requirements of the civil service law as
regards geographical apportionment, but
the appointees should be chosen by oom
netltlve examination from the lists provided
by the dvW service commission. The non
competitive examination tn a case like this
Is not only vicious, but is In effect a fraud
unon the nubile. No essential change is
effected by providing that it be conducted
by the civil service commission, and to
nmwlda that the employes snail ne seiecieu
without regard to political party affilia
tions Is empty and mlaleading. unless, st
ih. aame time. It Is made effective in me
only way In which It Is possible to make it
effective: that Is. by provtaing inai m
examination ahall be made competitive.
"I also recommend that If provision Is
made that the census printing work may
be done outside the overnment printing
office. It shall be exyllcltly provided that
the government authorities shall see that
the eight-hour law Is applied In effective
fashion to these outside offices.
Outalde of ther-e matters I believe that
the bill is, on the whole, satisfactory and
represents an improvement upon previous
legislation on the subject."
PROCEEDINGS OF THIS
E7IATE
Conference Report V'rgent De
cleaey Bill Is Aarreed To.
WASHINGTON, Feb. 6. The senate today
concluded consideration of the District of
Columola appropriation bill, carrying an
aggregate of about $11,600,000. A conference
report on the urgent deficiency bill was
agreed to. It appropriates $12,000 for the
"purchase, care and maintenance of suto
mobilea for the president." and $150,000 to
enable the secretary of agriculture to con
tinue to combat the foot and mouth dia
ease In horses and cattle.
A resolution was adopted directing the
committee en military affairs to Investi
gate military post' n1 vr'ous phases of
army administration.
After an executive session. In which the
nomination of William D. Crura to be col
lector of customs of Charleston, S. C, was
considered, the senste, at S:15 p. m., ad
journed. PROCEEDINGS OF THE BOUSE
Henbara. Muss and Galaes Figare
la Eseltlaa; Enlsede.
WASHINGTON, Feb. $. Private, claim
ants by the acore had their innings In the
house of representatives today, the whole
session being given over to a (pedal order
for their consideration. The debate was
not without Its incidents, both humorous
and exciting.
Messrs. Hepburn (la), Macon (Ark.) and
Gaines (Tenn.) furnished the exciting fea
ture of the proceedings. The Iowa member
protested against the reservation of objec
tions to bills, - claiming that objections
should be msde outright or not at alL Mr.
Macon, who was doing much of the reeerr
jXontiausd oa Second. Pm1
SBSftePv .ION BILLS. hi&KffHi5"
MSStt -; Sip . . iGATiort b ills, '
fiSlfSPttf ."V "ATI0M BILLS, W
WmWF -a" KORPQaATI ON BILLS, 1
'K!S AUV tRI5T.THAT C0M3
' '
Where many
From the St. Paul Dispatch.
MESSAGE ON ANTI-JAP BILL
Governor Gillett Urges Assembly, to
Eeconsider Action.
aUOTES EOOSEVELT'S DISPATCH
Declares School "ea-reajatlen Law Jilay,
Csiase International Complica
tions and Is et.. lhinbt
fut tand!?.-
sr
BILLETIX.
SACRAMENTO, Cal., Feb. 5.-The house
this afternoon decided unanimously to post
pone action of Japanese school bill until
Wednesday.
SACRAMENTO, Cal., Feb. e.-Governor
Glllett sent to the assembly this morning
a special message appealing to that body to
rescind Its action of yesterday by which
the Japanese school segregation bill was
passed.
The governor calls attention to the con
tention of Japan, which is not refuted by
the United States government, that the
bill aa passed violates the treaty rights of
the empire. He does not enter Into a dis
cussion of ttva merits of this position, stat
ing that It la a debatable question, but re
iterates that Japan would consider It an
unfriendly act to exclude from the public
schools the chtldren of its subjects.
The message follows:
"Gentlemen Believing that there should
be a further and more careful consldera.
tlon of assembly bill No. 14, which provides
that boards of school trustees shall have
the power to establish separate schools for
children of 'Japanese and that thereafter
they ahall not be admitted Into any other
public school, and further believing that the
enactment of provisions of said bill will at
this time affect the Interests of the entire
nation, and perhaps seriously, I most re
spectfully request you to reconsider the
vote by which the said bill was passed
and take the matter up for further and
most careful consideration.
Cites President's Alaraa.
Within a few hours after the passage of
said bill the president of the United
Statea, alarmed at .. the possible conse
quences of the enactment of such a law,
aent to me a telegram containing the fol
lowing language:
This is the most offensive bill of all and
In my Judgment is clearly unconstitutional
and we ahall at onca have to test It in
the courts. Can It rot be stopped In the
legislature or by veto? ,
"A telegram so torclble as this coming
from the pdesldent of the United Statee Is
entitled to full consideration and demands
that no hasty or Ill-considered action be
taken by this state which may Involve
the whole country.
"It seems to me It Is tlms to lay senti
ment and personal opinion and other con
siderations aside and take a broad -and
unprejudiced view of the important ques
tion Involved in the proposed legislation,
and In a calm and dispassionate manner
pass upon them, keeping in mind not on'.y
the interests of our state, but of the nation
as well, and the duty we owe to It In
observing the treaties entered Into by It
with a friendly power."
Protest of Jaa.
The governor calls alUntlon to the pro
test of Japan against the resolution of the
San Francisco school board of two years
ago directing that orientals be com
pelled to attend their own schools
and the action of the federal govern
ment in commencing suit to have the order
rendered nugatory. This suit was dismissed
when the school board withdrew the offen
sive resolution.
The governor 'declares that there la no
present danger to the California schools
by reason of the atterdance of Japanese
pupils, sp fsr as Is known.
"If the state grants certain privileges to
the citlxens of one foreign country, the
governor says, "It cannot deny them to the
cltlsens of another, having the same rights
by treaty."
The opinion of Secretary Root in the San
Francisco case is quoted by ths governor
in support of his contention. In conclusion,
be says:
"I most respectfully submit this message
to you. with the full hope and belief that
when final action snail be taken, nothing
JConUauad. Third. fM-)
a good bill may be ground up with
IOWA WAN FOR SECRETARY
Edwin Perry of Oskalooaa. Elected by
Miners ' the Second
Ballot.
INDIA NAFOL'.S, Ind., Feb. 5. Tim re
sult of the second ballot taken yesterday
In the United Mine Workers convention for
the election of a vice president and necre
Lary treasurer, announced today, showed
that" E. S. MeCullough, Bay City, Mich.,
waa elected vice president over J. T.
Dempsey of Gcranton, Pa. MeCullough re
ceived 1.I6S otes and Dempsey 1.110.' ""'
Edward Perry of Oskalooaa, la., was
elected secretary-treasurer, receiving 1.JQ3
votes, while John Fahy of Pottsville, Pa.,
his nearest rival, received 1.097.
All efforts of the conservative element In
the convention to expedite business by ex
cluding personal controversy between the
factional leaders seem futile. Early yester
day a resolution wea adopted that all speak
ers must confine themselves strictly to the
subject In hand, but nevertheless the day
waa ontj of turmoil.
President Lewis charged Delegate Peter
Qulnn of Illinois with having called him a
liar. The matter under discussion wss t.he
administration of the strike In Alabama.
Lewis declared Qulnn must modify his state
ment or he would have him put out of the
hall. The stenographic record of the de
bate waa read, but the Incident did not de
velop further.
The convention adopted a resolution thut
the national executive board had exceeded
its authority In suspending the offloers of
the Indiana district for disobeying an order
that the miner should return to work In
the Hudson mine pending the adjustment rf
a strike. This practically was a reversal of
the convention's action of a few day ago,
In approving the course of President Lewis
In this matter and Indicates that the dele
gates will adopt a new Interpretation of the
sections of the constitution defining the au
thority of the national officers. It Is evi
dent that there is a strong current toward
restricting the alleged despotic powers of
'.he national administration.
Samuel Gompers' na.ne was brought Into
the discussion of the csuse of the failure
of the Alabama strike and he was charged
with opposing the miners hi the Interest
of the state authorities. This was In line
with many allegations that the union lead
ers had "gone Into politics," and that the
Lewis administration was self-seeking. '
It Is possible the convention will continue
Into next week.
gow jFry is "discharged
President of Trnst Company to Bo
Tried oa Another Charge
Following; Disagreement.
NEW YORK, Feb. S.-Tho Brooklyn Jury,
before which William Gow,. formerly presi
dent of the International Trust company
and director of the Borough Bank of
Brooklyn, was tried on a charge of the
larceny of $146,000, disagreed early t'jdr.y,
the vote standing eight for acquittal and
four for conviction. Gow was already hell
veder $T7,000 ball and this was continued.
The charge against Gow was based on ths
withdrawal of $115,000 In the Borough bank.
It was charged, to finance ths organization
of the International Trust company. An
other charge of the larceny of $230,000 Is
also pending agalnat Gow, as are also
three- charges of misdemeanor based on al
leged overdrawal of his account with the
Borough bank. District Attorney Clark
said when It became apparent that the Jury
would disagree, that he would probably try
Gow on one of the misdemeanor charges.
It Is believed ' that the second larceny
charge will not be pressed.
BADLY HURT JN CLASS RUSH
Cauta L. Walter, Stadeat frean Iowa or
Nebraska, la Serloas Condition
at Valparaiso.
VALPARAISO. Ind., Feb. S. Serious
class rushes occurred last night at Val
paraiso university and as a result of a
clash between the scientific and law classes,
Cass L. Wolfer, president of the sclentlflo
class, 1s today in a critical condition.
Seventy-five or 100 of the sclentlflo stu
dents, led by Wolfer, attacked the law
building last night and In the melee
Wolfer fell down and waa trampled upon
and seriously injured. Four other students
received minor Injuries- Wolfer" borne Is
said to be alUwr la lowt or Ntbrulu.
the bad.
BRASS BAND FOR HASKELL
Oklahoma Governor Cheered When
He Appears to Give Bond.
' r a
OFFERS NEW EXPLANATION NOW
Doclares He lae-arred Easntty of Cor,
poratlons. President Roosevelt
and Government by Espous
ing Caase of Labr.
MVSKOGEB, . Okl.. Feb. . 1 Governor
Charles N. Haskell was given an ovation
here today .when he arrived from the state
capital at Guthrie to make his appearance
in the federal court and sign a bona under
the Indictment returned by the grand Jury
charging him, with other prominent Okla- I
homa men, with conspiracy to defraud the I
government and the Creek Indiana In the
matter of scheduling dummies In the
Muskogee town lot distribution.
Tho demonstration was unusual. When
the governor, accompanied by Mrs. Haskell,
State Auditor M. E. Trapp and wife, Chair-
man iove or tne mate corporation commie- i
slon. Adjutant General Frank Canton and
other Guthrie friends, alighted from hla
train more than 1,000 persons were at the
station with a brass band to greet him.
The appearance of the governor was the
slgr.al for long and loud cheering. Gov-
e:nor Haskell and his wife were conduced
to an automobile that Tnad been decorated
with American flags, and others cars were
filled with prominent local citizens and
the other members of his party. With the
band leading the way and playing "Hall
to the Chief," and hundreds of citizens
bringing up the rear on foot, the governor
was escorted to a specially reserved suite
of rooms at Turner hotel. When the hotel
was reached the crowd clamored for
speech. The governor responded from his
automobile,
Haskell Mow A ceases Corporations.
In his speech Governor Haskell took
new departure In offering an explanation
of his Indictment. He declared that he had
Incurred the enmity of the corporations,
of President Roosevelt and of the govern
ment at Washington by championing the
cause of labor and by preventing the In
sertion of a clat se In ths Oklahoma consti
tution hostile ta labor In case of strikes
in the matter of injunctions. Hs thanked
his old friends and neighbors for the ex-
presslon of confidence In his innocence ot
tho crime charged and declared he would
establish his Innocence.
Later Governor Haskell signed his bond,
which already bore the signatures of hun-
dreds or Muskogee citizens. This act con-
sumed but a minute or two.
Governor Haskell held an informal re-
ception at the hotel, shook hands with
..unarm, ci persons ana spent the after-
noon In conference with his attorneys,
will return to Guthrie this evening,
date has been set for the trial.
Ho
No
NINETY-SIX MIDSHIPMEN FAIL
Percentage of Dellaqaeaeles Vans.
ally Small at Sesal-Annaal
Exasalaatloa. .
ANNAPOLIS. Md.. Feb. i Ninety-six
midshipmen are deficient In studies
result of the recent semi-annual examlna- ,n hlch provides that the county as
Hons. Forty-five of the deficients are sessor each year shall publish a Mst of
among first or senior class m?n- Only five
ot these, however, are likely not to bd
waived. The other deficiencies are as fol-
lows: Eleven second class men, fourteen
third class men and twenty-six fourth class
men. The percentage la unusually small
this year.
HANGING STOPPED AT GALLOWS
aaresse Coart Graats . N'ew Trial
J est la Tlato to Prevent
Eseeatloa.
BISMARCK, N. D., Feb. I.-The hang
man's noose was ready and Invitations had
been Issued for the hanging of Joe Peltier,
n Indian, last night, when notlca'was re
ceived that a new trial bad been granted
the condemned man.
reltler bad been convicted of tho murder
last summer of a Rolletto county fanner
gfid big ou daufhlei
i BARGAIN IN LAWYER
GoTernor Shallenberg-er Harts Feel
ing-8 of His Kitchen Cabinet.
I EXPECTED JOB ON BANK BILL
Also Had Planned to Mulct State toi
One Thousand Dollars.
NOW KUBBING THE SOBE SPOTS
i
Comparison of Present Legislature
with the One Preceding.
NO RETAINER TWO YEARS AGO
rarf y Pledges nedeerard Then hr
Bills Which Have Stood Test ot
Attacks ot Best Attorneys
i la tho State.
- -- -
(From a Staff Correspondent.)
LINCOLN, Feb. 5. (Special Telegram )
In the great humiliation of the demo
cratic party over the action of its legis
lature admitting that it Is not capable
of drafting a bill to guarantee bank de
posits, after every democrat elected to
that body had made his campaign on
that Issue, there is one little bit of con
solation.
It might have been worse.
Had it not been for Governor Shallen-
berger the legislature would have paid
the lawyer $1,000 to do the work Instead
of promising $700.
wnen the committee realized that It
could not draw the bill, the governor's
kitchen cabinet got busy and suggested
that $1,000 should be paid to some good
lawyer to draw the bill, guarantee It to
be constitutional, and In such form it
would be passed by the lefrtnlature.
Though the governor has a few lawyers
in his kitchen cablnot who would look
st $1,000 a long time before they wouM
pass It by without a fight, he concluded
to go outside for advice In the matter.
So he called up I. L. Albert at Columbus.
"How much Is it worth to draft a bank
ing bill?" said the governor to Judge Al
bert.
'That depends upon the viewpoint,"
said Judge Albert, "but I should say 2i3
or $300."
"Will you draft the bill for $30or said
the governor.
"I am not looking for the Job," replied
the judge.
'Well, you are the man we want to do
the work." Interrupted the chief execu-
"v of " th members up
here believe you should draft the bill.''
And then Judge Albert went on to tell
Governor Shallenberger that It should
not reur niore tl)W two or " rea oa"
ig srl up uia mil vr iu wtiijwo lb m.i
see if it Is constitutional.
So that is how It happened that Judge
Albert was elected to do the work. Gov
ernor Shallenberger'a kitchen cabinet was
too strong for him In Its asvaults on Hie
money box.
But this action of the democrats tn go
ing away from home to get a $300 law-
yer when a word from the governor
would have secured a $1,000 lawyer right
her(. Lincoll, Dosslbly In the stats
houM M much as the employment of tho
.joo attorney has humiliated his party.
Arthur Mullen's services were st the die-
posaI of the governor and so were the ser-
Vce, 0f Tom Allen. Of course they may not
mooo lawyers, because they were not em-
nioyed. but some democrats are not slow
o say thai the governor certainly took a
,Ia at n)B own advisers and counselors
when he turned down these two and hired
I judge Albert.
Some Comparisons,
The action of the democratic legislature
in spending the people's money in at
torneys fees for drafting a bill Is more hu
miliating when considered along with what
was done by the last republican legislature
without hiring an attorney to pass on its
work. The members of that legislature
drafted and passed a railway commission
bill which stood the test ot the courts when
attacked by the best paid lawyers In Ne
braska.
It passed a bill reducing express rates
25 per cent which Is now being enforced
and though attacked by well paid lawyers '
li yet upon the statute books.
It enacted' a law for the taxation of rail
way terminals which the lawyers for ths
railroads did not even attempt to knock
out.
It enacted a atate-wlde primary taw
which has stood the test of the courts.
It enacted a pure food law which has
been unsuccessfully attacked In the courts.
It enacted an anti-pass law which has
stood the test ot the courts and la being
enforced.
It passed a 2-cent fare law which has
run the gauntlet of attacks from the best
t'""nys In the state.
I 11 enacted a law reducing freight ratea
1 1S Pr cont which has stood the test
I Tn revenue law was enacted by a repub
I Ucan legislature and has stood the test.
I , In fact not one single measure of the
I long list of reform laws enacted by the
I last legislature has been knocked out in
the courts. Each of these measures waa
drafted by the members of the lealslatura
or committees and no outside lawyer was
ever called ucon at the expense of ths
state to pass upon the legality of even on
of them.
On their first pledge, which was so easy
during the campaign, the democrats have
thrown up their hands, admitted their In
capacity to draft the bill and have hired at
lawyer to do the work.
After Personal Taxes.
Bowman of Nuckolls county is after the
I ,nal wn0 nlrk hl personal taxes. He
Introduced a bill in the house this morn
I tne persons whose personal property haa
been returned at a valuation ot $i00 or
more. The list of names is to be puh-
Ushed In a paper In the county and It Is
to be paid, fur out of the county funds.
I The property owned is divided under the
different classes.
And now Norfolk wsnts a state normal
school. To thst end today there waa read
I in h. hmu, uiimmi lVn.,l tnw nn.,.
ber of citizens of that city saying they
would donate to the state some ground and
buildings valued at $10,000 prcvlding the
I state would locate a normal scho.l there.
en partisan School Officers.
To offset their fierce struggle for a Job
I on tn supreme bench for a d-mo ratio
I lawyer who is in with the push, democrats
are flooding the bouse with bills for non-
I partisan offlcss, Humphrey has la bill
I u provide for sonpartiaaji school boajrdg