The Omaha Daily
Bee'
VOL. XXXV11I NO. 217.
OMAHA, WEDNESDAY MORNING, FKBKUATIY 24, 1909 TWELVE PAGES.
SINGLE COPY TWO CENTS.
RAPID FIRE INQUIRY I
Whitewash Applied by Legislature
While You Wait.
GOOD JOB IN FIFTEEN MINUTES
grans and Howard Ask Investigation
of Riot Talk.
LATTER FILES HIS SPEECH
Taylor of Custer Gets Back at Senator
Ransom.
STOCK YARDS BILLS BROUGHT OUT
One Fteronimended t Pnss n Other
Held In RnrfK la Cave First
On Kail hr th
Wayside.
(From Btsff Correspondent.)
I 1.WOL.N, Feb. 23.-Speclal.) The house
Hi 'sfieinoon gave Jerry Howard and
Kraus an ample coal of whitewash on their
demand for an Investigation of the conduct
of those two members of the body In South
Omaha Simriuy. In response to the request
the epeuker's committer remained In ses
sion fully fifteen minutes, after which It
made a report that the two membere had
flodo nothing- censurable and the .report
ass adopted. The sentiment of the commit
tee and ft the house waa to make a Josh
of the entire matter Inatead of considering
It seriously, as the merits of the charge
mnd against these two of its members
warranted.
Kraus of Douglas county InBlsta that he
has been unjustly paraded before the pub
lic by hla connection with the South Omaha
riot and he therefore asked that the
speaker appoint a committee to Investi
gate Mr. Howard, hla colleague, and him
self. The npeaker appointed the following
committee: Leldlgh of Otoe, Broderick of
Clay and Klllen of Gage.
Howard of Douglaa filed the following
statement, which waa made a part of the
records of the house:
Mr. Speaker: I desire aa a question of
persons! provllege an opportunity to ex
plain to the members of this house tni
cause of all this claptrap that ha ap
peared In the press relative to a so-called
Inflammatory speech delivered by me at
a ins.su meeting of my fellow cltliena at
Smith Omaha. The exact words made uao
of by me at said meeting, if they were
published, should read aa follows:
"Kellow Cllisens: I ehall take for my
text the assassination of Officer Ijowrey,
but nothing less than Inspiration would
allow me to do justice on thla occaalon
where so large a gathering of the very
best citisens haa aasembled for the pur
pone of forming a committee to put a
atop to the lawlessness going on in this
city. I am not inspired; therefore 1 shall
only endeavor to make a few practical re
marks and point out to you, my fellow
cluaens. where the blame belongs for the
murders and nutrsgea perpetrated upon
our fellow citisens. The blame reata on
our police commissioner, on account of
the great privilege that they have iflven
to the cheap labor Imported Into the city
by the corporations. They allow theso
men to do as they like In the way of
rambling. Annum, snowing, iignung,
Ullr. i- jiiii rinrtlm to all kinds of im
morality around. . the" porting houses of
the Mty.
"The labor commissioner could do some
thtng towards helping the laboring men,
but lie la handicapped In the way of
finances. The labor commissioner la al
lowed fft.2$n, while the fish commisaloner
la allowed (21.2(0. thereby proving that
a fish Is more valuable than a working
man.
Fellow rltlsens. In reply to the resolu
tions read by your aecretar, Mr. Hunter,
relative to the loathaome dlseaae of the
cheap laborers employed In the packing
houses, ' I would suggest that the commit
tee appointed heie thla afternoon would
taka that subject matter up with the fed
eral government, for It is not right that
llxeaed men should be handling the meat
that the general public 1 eating."
Trouble for Ransom.
When Senator Ramsom killed the bill by
Taylor of Ouster providing that the State
Board of Canvassers shall canvass the elec
tion returns on constitutional amendments
ha builded up for himself a house full of
trouble.
The first penalty was exacted this morn
ing, when Taylor bad the houae take from
the standing committee on live stock a
bill by Taylor of York regulating rates to
be charged by the stock yarda and a bill
by Armstrong of Buffalo relating to the
same subject. But Taylor did not atop
there. He had the house resolve Itself into
committee of the whole and recommend the
first bUl for passage. The second bill waa
sent back to the atandlng committee for
ahould the first one by some hook or
crook fall by the wayside then the second
one wlU be brought forward. '
Taylor waa sufficiently strong In the
house to shove the stock yards bills ahead
of the general file, already yarda long. In
the face of the fact that Senators Tanner
and Howell, who had responded to a hurry
up call from their friends, were openly
fighting the proposition on the floor of
the house.
"The standing committee on live stock
and graxlng haa had H. B, 146 and IL R.
Ill under consideration two or three
weeks." aatd Taylor during a lull In the
house proceedings, "and I move that the
chairman of the committee report those
bills for general file Immediately."
Harrington of Brown, chairman of the
committee, explained that he had several
meetings of the committee with only a few
members present, but that the representa
tives of the stock yarda had asked to be
heard, and they had Informed him each
rime they were unable to be proton t. A
meeting, he aald. had been aet for Wodnej
day. lie auld further that the author of
II. R. 145. W. Z. Taylor, had agreed to the
appointment.
When the rwtlon waa put It carried
unanimously for the committee to report,
Taylor ol Custer, as soon as the bills were
again In the possession of the house, moved
that the house resolve Itself Into a, com
mittee of the whole for the consideration
of the two nieasuree.
Kelt. of Furnas came to the front with
motion to have the bills sent back to
the committee to report In forty-eight
tours. The motion was lost.
BUI Mad SI see Bad lea I.
la the committee of the whole the bill,
H. R. 1U, was smended so that the stock
srds may charge X cents a hundred
pounds for hay and IB cents for corn above
the market prhe In place of M cents. Then
the bill waa recommended for engrossment
and third reading.
Ke'.ley raised several points of order until
finally, when he sfcsla raised a point of
order. Tslor of Custer, who was la the
chair, said:
"I dou't kuow of anyone out of order as
often aa the ffinl.mii from Kurnas."
II. R. Ml. by Armstrong, was then sent
ts4k la in standing commute and lb
representatives of the sto k yards may talk
to th aonimute about that bill.
f tr.t Ike i-u-ruue dietuaelua Ureig of
lCtal.Btt4 ca sV.vo4 J'sgej
si'mmary of toe bee
taesday, February 4, 10.
FEBRUARY 1909
TUC WED TMU FRI SAT
, 2 3 4 5 6
7K 1 10 II 12 13
I4 V 17 18 19 20
21 2k. 23 24 25 26 27
28
Tn wzATmzm.
FOR OMAHA. COUNCIL. BLUFFS AND
VICINITY Fair and colder Wednesday.
FOR NEBRASKA Wednesday fair, with
warmer In west portion.
FOR IOWA Wednesday partly cloudy,
with colder In east portion.
Temperature at Omaha yesterday:
Hour. Dep.
.14
34
34
34
Kt
83
S3
S3
83
33
, 33
sv
131
30
29
W
28
7 a. m.
a a. m.
10 a. m.
It a., m.
It m ...
I p. m.
J P.
3 p.
4 P.
6 p.
p.
7 p.
8 p.
p.
m. .
m..
m..
m. .
m. .
m. .
m. .
in. .
DOaEESTIO.
Second trial ot the Standard Oil case.
In which a $29,000,000 fine was assessed
by Judge Land Is, closed abruptly at Chi
cago when Judge Anderson quashed the
Jury panel on motion of the "Standard's
attorney. Fag 1
Colonel D. P. Cooper, aged defendant In
the Carmack murder case, goes on tho
witness stand and testified to his rela
tionship with the murdered man. rage 1
President-elect Tsft spends the day with
his brother and leaves for New YorW.
Secretary of the treasury In his cabinet
to be selected before he leaves New York.
rags a
RIS1IU.
John Li. Webster, In an address at the
state university, declares Asia Is a, men
ace to the world's peace. . Fag 3
X.OOAA.
Attorneya who have been looking up the
matter express doubt whether the city of
South Omaha or the state can be Meld
liable for the damages In Sunday's riot.
Greeks must look to the federal govern
ment. -
Policeman Lowery, victim of Greek'a
bullet, laid to rest. Fag
March 26 the date fixed for the formal
opening of the new Young Women'a Chris
tian association building. Exercises to
continue for nine days. Pag" 6
comcssciAi. aits nrsTrsT&xAXh
Live stock markets. Page 11
Grain markets. Fags
Stocks and bonds. Page 11
KOTXSstTEVTB OP OCBA1T BTEAMBHIP.
Port. ArrlTHt.
NEW YORK Campania....
NEW YOKK Chicago
NKW YOKK Verona
QUKBNSTOWN.. Lualtanla....
COPfc.NHAaBN.-C. F. Tletien
FIL'MB
OUASOOW. . ,' Mongolian. . .
OLA SHOW rolsmbt
Balled.
. Atlanta.
. Sicilian.
I.JNPON MtnnetoBks
GIBRALTAR
UltlKAITAR
TRI KKTE F-annonla ,
UVKBPOOL Bohamlan
LIVERPOOL. Ueltle
PLYMOUTH K. P. Cwelle
OKNOA
NAPLES Mar. Washington
NAPLES Veneila.
.Ornuier Kurfurtt.
.Koools Albert.
Romania.
HADLEY NAMES NEW WARDEN
Henry P. Andrne of Jefferson City
Made Head of Mlaaonrl Stat
Prison.
JEFFERSON CITY, Mo., Feb. M.-Gover-nor
Hadley sent the following appointments
to the senate today:
To be warden of the penitentiary: Henry
P. Andrae of Jefferson City.
To be members of the board of managers,
state hospital for the Insane, St. Joseph:
Henry H. Beardsley, Kansas City; W. C.
Pierce, Marysvllle; Jacob Dleger, St. Jos
eph. A. E. I Gardiner Introduced a bill In
the senate today requiring foreign corpora
tions to Invest one-half their capital In
Missouri before being allowed to do busi
ness In this state. t
AID IN PANAMA LIBEL SUIT
Attorney McNamnra Commissioned to
Help la Prosecution of
Cases.
WASHINGTON, Feb. 2S.-Unlted Statea
Assistant District Attorney McNamara hxa
been commissioned by Attorney General
Bonaparte as special assistant to the at
torney general to aid In the prosecution
of the Press Publishing company, the edi
tors of the New York World and the own
ers of the Indianapolis News, recently In
dicted for alleged criminal libel of Presi
dent Roosevelt, William H. Taft and othera
In connection with the purchase of the
Panama canal.
Old Tom Murray,
who built Mur
ray Hotel, in the
early days in Omaha
had a store, where
you could buy any
thing from a candle
to a second-hand
coffin.
He would buy anything that waa
cheap and aelt anything he had. at
a little proftt. He grew rich and
died rich.
Tom Murray would have
revelled in the want ad y&pc
of Tho Bee. Do tou look it
over every tlayf It tell you
where you can buy most any
thing you want. It offers a
way to sell anything you don't
want. It will Rave you money ;
it will make you money.
It la a rcnataat looa to th
thrifty and tlt Utf ansa.
I IIMHIj I I'M I
PtfBe-t sK . lirirH a', m
STATE ANTI-TRUST LAW GOOD
Arkansas Case Decided Against Ham
mond Packing Company.
DEFENDANT LOSES ALL POINTS
Derision Is Important as Defining
Rivals of State tn Regalate Ont
alde Corporations Doing; Bsi.
Iness Within It.
WASHINGTON, Feb. 23. In an opinion
by Justice .White, the. supreme court of
the United States today uphold the valid
ity of the Arkansas anti-trust law of
1905. which provides a penalty of from
200 to 1500 for each offense and the for-
felture of the right to do business In the
state. The decision was handed down In
the case of the Hammond Packing com
pany of Chicago, which. It was charged,
had combined with other packers to fix
the price of meats, against the state of
Arkansas. The case originated In the cir
cult court of . Pulaski county, .Arkansas,
where a. $10,000 fine was imposed.. That
verdict was sustained by the Arkansas
supreme court, whose finding was today
affirmed.
The constitutionality of the law was at
tacked on the ground that It Impaired the
obligation of -contract, denies equal pro
tection under the law and stnndn in the
way of due legal process. It waa also
contended 'that Inasmuch as the packing
company Is an outside corporation its
offense. If It committed any, which It de
nied, was committed outside the state.
It was also urged that the trial had been
Irregular' In that there had not been a
Jury as required by the Arkansas con
stitution In criminal actions.
Justice White's decision was against the
packing company on all those points. He
gave especial consideration to the com
plaint that where the company refused
to' produce its books in obedience to sn
order from the court, a Judgment was
given against It contrary to the federal
conatltution. Justice White declared that
It was the duty of a corporation to live
In the light of day and to "be prepared at
any time to exhibit its proceedings to Its
creator, the state."
He add.'d: "As tho Hammond company
absolutely declined to obey the order, and
stood on what It deemed to be Its lawful
rights and privileges, it Is not within cur
province to afford relief because of an
error of Judgment In this respect. We may
not hold that the statute and the order
were arbitrary and unjust In the particulars
aaserted when they do not have that ef
fect." New' York Central Mast Pay.
Tie verdict of the United States circuit
court for the southern district of New
York, Imposing a fine of $108,000 upon tho
New York Central railroad on the change
of granting rebates to the American Sugar
company, was today affirmed by the su
preme court of the United States.
The rebates to the American Sugar Refin
ing company were given on shipments of
sugar In 19u3 from New York to Cleveland
and Detroit. Six offenses were charged
sud fines of 118.000 each were imposed by
the trlrfl court. The government prosecuted
under the Interstate Commerce and Elkihs
laws. Between New York and Cleveland
the railroad's published tariff called for a
charge of 21 cents per 100 pounds, while
the ra,te to Dettoit waa 23 cents. The cut
In the first Instance was 6 cents and In
tho second 3 cents.
The court also rendered) a similar deci
sion upholding the lower ccurt in the cas
of a shipment, to Cleveland In which a fine
of J'.fl.OOO was Imposed.
All Parties to Rebate Liable.
The case of -the United States against
the Nrw York Centtal & Hudson River
tailtoad involved the Question whether a
ralltoad company, which la a party to a
rebate transaction, but which was not the
Initiatory road, can be criminally pross
cuted for a violation of the Elklns anti
trust law, was decided by the courts against
the company. The New York Central was
Indicted Jn connection with 'a number of
other companies. Including the Missouri Pa
cific, on the charge of granting rebatea In
1903 to the Brooklyn Cooperage company
on cooperage material shipped from P- plar
Bluff. Ia.. to Brooklyn. N. Y,
It was shown that all the railroads con
cerned In the shipment had a Joint tariff
of 38 cents a hundred on such goods be
tween the points named, and that all of
them had been parties to a rebate of 6:j
centa a. nundred on shipments mud by the
Brooklyn company. "
The New York Central was the deliver
ing carrier and It'replled to the complaint
by filing a demurrer, In which It took the
position that as It waa not the initial com
pany it could not be held criminally
responsible under the law. The case was
hoard In the United States circuit couit for
the southern district of New York and the
demurrer sustained for tho reasons given.
The government Immediately appealed, with
the result that It obtained a reversal of the
lower court's holding.
Espresa Franks Illegal.
In an opinion by Justice Day in varloua
cases of the United States agaJnst varioua
express companies the supreme court of
the United States today held that under
the Elklns law express companies could
not legally grant franks for the free
transportation of the property of their own
employes or of the employes of other ex
press or transportation companies. The
decision held that to grant thla privilege
would be to exercise an undue preference
under the law, which prohibits all trans
portation companlea from giving to any
one ratea which are not Included In the
published schedule. In his opinion Justice
Day aald: "It cannot be doubled that the
property upon which franka Issued by the
express company la within the terms of
the act. Within the terms used by the
Elklns act euca transportation enablea one
class of persons to obtain transportation at
different and less rate tha that named
la the published rates."
He concluded by saying that there was
no reason why congress should not grant
the express companies the privilege en
Joyed by the railroad companlea, "but the
law must be amended by congress and not
by the courta."
eare Denied Hraearlaa".
The case of Marcellus Thomas, a negro
undrr sentence of death on. the charge of
killing two men In Harris county. Trias,
was dWktrd today by Ote supreme court
mt the Lolled sVatea against Thoma. As
the grand Jury by which the Indictment
waa returned against bun conUlaed no
snan of bta tea rata, he charged that ha
bad been dUcrtjntaaurd against eualrary to
the eunailtutMMi of the United Ktatee ajid
theref-we aakrd Ike aupremo court la In
tervene In bis I half. The Court refused
to tnmt the da u4tet of lta Tea Cvitrt.
Bibk.lt was adtciso to TUvauHk
"A BIRD IN
Prom the Chicago Inter-Ocean.
ELDER COOPER ON STAND
Aged Defendant Testifies in Carmack
Harder Trial.
STATE IS EASY ON JOHN SHARP
Farther Cross-Examlnntlon of Co
defendant Waived fcr Attorney
General Cooper Telia ef
.-nvmiivBi vr iiu
rmark.
NASHVILLE, Tenn., Feb. 33. Colonel D.
B. Cooper, one of the three defendants,
wss called to testify today In the trial for
ex-Senator Cat-mack's murder, of himself,
his son and John Sharp. Although the
throng which greeted the deputies when
they opened the court room today was less
Immense than that of yesterday, enough
were there to fill three court rooms and
furnlBh audiences for a couple of overflow
meetings.
Defendant Sharp had resumed the wit
ness chair, but to the surprise of every
one the attorney general announced;
"The state does not desire to cross-examine
Mr. Sharp any further."
Sharp atarted to leave the stand, but
was waved back by General Meeks, who
asked him a few questions on redirect.
"Call Coronel Duncan B. Cooper," said
General Washington. Then the central fig
ure in the famous tragedy arose and
walked calmly to the stand.
Colonel Cooper Is short, heavy aet and
very florid. He Is somewhat bald, but
what hair he has, like his mustache, la
very white. His eyes are clear and his
face is free from wrinkles. As he began
to talk his two daughtera leaned forward
and drank tn every word. The colonel said
he waa 64 years old and that he haa four
sons and two daughters. General Washing
ton had the witness give his war record
with Forrest. The state finally objected,
after some recital, and was sustained.
Friendly with Carmack.
"I met Senator Carmack years ago at
Columbia, when he waa aulte vmvnw i
brought him to Nashvllls as editor of the
American and he remained with me until
1S32. when he went to Memphis."
"Were your relations rrlendly?"
"More than friendly-they were cordial
and close until his race with Senator Tay
lor four years ago. Then we disagreed."
"Did Carmack ever give expression to
sentiments of gratlttude to you?"
"Yes; when he went to Memphis In 1898
he wrote an editorial thanking me."
The defense offered the editorial and'
Judge Hart asked to aee It. Ho marked
part of It and said he would permit that
portion to go to tthe Jury. It waa signed
by E. W. Carmack. The state next ex
amined it and agreed to let the entire edi
torial in. The court agreed. It was In the
paper of February If, 1S2, and waa Car
mack'a farewell, in which he expressed re
gret at leaving the American and gratitude
to the paper and Its friends.
"Did you, after he left, maintain friendly
relations?"
"Absolutely so. We corresponded and
the last very friendly letter I had from him
was In December, 1M. Our relations were
pleasant after that, however. At that time
he waa In the senate."
Sharp Badly t on rased. "
When court adjourned Ut night In the
midst of the cross-examination of John
D. tSharp, the honors seemed divided
belwern the slate and the defense
in the Cooper-Sharp trial, for the
slaying of former United Slates Senator
Kdward W. Carmack. Young Hoblu
Coupir, under cross-examination of nearly
four; hours, appeared cool. The next wit
ness, and a ties only other one of the day,
waa John I. Sharp, another of the de
fendants. On dtrevt examination. Sharp
swore thai ha saw the killing and that
'Varmaik fell after Itobln Cooper tutd
fiie-1 ihre-o times."
One of the bullet wounds, a necessarily
fatal one. pierced the senator's neck within
one-six teen in of an Inch of ins spinsl
cord and came out under hie tongue.
tm cross-examination, kUarp that
earmark turned his head Just ss in a?.
Odd shct was fired. He did not espial
(I'vttuaued va tcoad 'ge )
ft VvT- r L '
THE HAND IS WORTH TWO IN
THIRD DEGREE STORY DENIED
Mrs. Wllhelm Viewed Hnsband'a Bod)
at Own Request nnd Pre
nrrangeinent. NEWARK, N. J., Feb. 23,-Chlef of Po
lice Michael Corbitt denies the accuracy of
the report published on February 4 stating
that Mrs. Mary J. Wllhelm has been sub
jected by the police to what' Is known as
the "third degree." An investigation shows
that the socalled "third degree" was not
made use of. Chief Corbltt's statement of
the oocurrenco is. as follows:
"Mrs. Wllhelm, on the day preceding the
funeral of her husband, pleaded to be per
mitted to view the body. She agreed to
hire a coach to convery her to the under
takers If her request was granted. The
request was granted and it was arranged
with her that the Journey be made at 9
o'clock that night so that she would not
be subjected to the gaze of a morbid crowd
or the fire of many cameras, a condition
she could not have escaped were the trip
made in daylight. Furthermore, her rela
tives had been Informed of the Intended
trip and they brought her mourning gar
ments to wear. She prepared for the Jour
ney early In the night and was fully
dressed and waiting to make the trip when
the coach arrived exactly at the hour that
had been set. She had not retired and
conaequently waa not aroused from her
sleep and hustled out at midnight without
being told whither she was going.
"At the undertakers the body of the
slain man rested In a handsome carket; It
had been made aa presentable In appear
ance aa it was possible for an expert mor
tuarian to make It. No aheet covered the
body; conaequently a sheet was not sud
denly Jerked aside to reveal the corpse
when the woman entered. After Mrs. Wll
helm had gaxed on the dead man's face for
a few moments the glass side covering
It waa drawn down so that she mlgrht, if
she desired, press a last kiss on the Hps.
Not a question was put to her. This all
took place In the large room used by the
undertaker for the holding of funerals and
not In the morgue. After Mrs. Wllhelm
had composed herself she returned to the
coach, was driven back to police headquar
ters and was profuse In her thanks for
having been permitted to make the Journey.
SON-IN-LAW FOR HETTY GREEN
Miss Sylvia Green Becomes Wife of
Great Grandson of John
Jaeeb Astor.
MORRISTOWN, N. J Feb. 23,-Miss
Sylvia Green, daughter of Mrs. Hettie
Green of New York, one of the wealthiest
women In America, waa married at noon
today to Ma the w Astor Wllka. Mr. Wilks Is
the great-granson of John Jacob Astor.
Mrs. Green and her daughter have been
living- In a modest apartment In Hoboken,
but today came to thla city wtlh a wedding
party of about thirty persons In a special
car.
Arriving somewhat In adavnee of the
hour of tha wedding the party went to the
Morrtstown kin and remained there until
shortly before noon, when the party pro
deeded to St. Peter's Episcopal church,
where the marilage ceremony waa per
formed by the rector. Rev. Phllamon 8t ur
ges. Owing to the recent death of a cousin
jf the bride. It was ataled, the wedding
party was a small one.
Miss Green wore a simple brown travel
ing dress, .while Mrs. Green wore her cus
tomary black satin. The bride wss given
away by Howland IV 11, and Woodbury
Dangdon of New York waa best man. Fol
lowing the wedding the party returned to
the Inn, where a reception waa tendered to
t:. guests. Mr. and Mrs. Wllks will start
on a wedding trip tonight and It la under
stood will visit Gait, Out.
STAGE TRAGEDY MADE REAL
Melver lsee! by Asaalear trier Ills
rharaee rnespewledly, Kllllaar
friend.
H ATTIKsBlB'l. Misex, Feb. a -Not
knowing the gun naa Iua4d. Minims
IMuiea la repeating the part r had la a
meal amateur Iheatrttal Performance.
shtt ad hltled WoweVl.ffe K'!!s, son
City Attorney . W. kills, last nltb.
THE BUSH."
OIL CASE PANEL QUASHED
Contention of Defense that it Con
tained Too Many Farmers Upheld.
COURT ORDERS NEW VENTRE
Jury Commissioner is Ordered to
Plnce Jiimri of Nttmber of Busi
ness Men tn Box for This
-Drawing.
CHICAGO. Feb. 36.-The retrial of the
Standard Oil company of Indiana was un
expectedly delayed today when Judge
Anderson In the United States district
court quashed the panel of 150 venireman
on what he considered the singularly large
proportion of farmers thereon.
It was a so-called "farmers' " Jury that
brought In the verdict making Judgo I.an
dis' fine of $29,240,000 In the original case
possible and John S. Miller of the defense
waa prompt tn calling the court's attention
to the fact that the panel of the new trial
contained but three Clilcagoans.
"It looks like design or If not design. It
looks like a strange coincidence," com
mented Judge Anderson, whereupon the
Jury commissioners Insisted that the panel
had been drawn exactly as In other cases,
This the court later admitted.
District Attorney Sims said there waa no
statute to compel the Jury commission to
take geography or occupation into consid
eration. . Panel Is Set Aside.
"I don't want to etart m this hearing
feeling that there Is something not quite
fair," answered the court.
"I think this panel ought to be aet aside.
I .will Instruct the Jury commission to put
In 160 names of men, a good proportion of
whom shal be good business men from Chi
cago and Cook county. It ao happena that
this case Is tried In a district composed of
an enormous commlercla! city and several
rural countlea. The country may have
purer air, a higher moral stsndard and
greater Intelligence than the city but that
is an open question. However, I am not
going outside the Issue when I say that If
the Jury was composed partly of business
men who would realize Industrial and com
mercial phase of the case a more satis
factory and Just verdict may be reached.
Judge Anderson said he would hear argu
ment of counsel tomorrow as to whether
shipments or settlements of freight chargea
consttitute the offense. The government
will contend thst esch shipment of oil on
which an alleged rebate was paid forms a
separate violation of the law. Under this
construction of the law It would be possible
to fine the defendant. If found rullty, a
maximum of fl0.000.000. There waa. It Is
charged, thirty-six settlements of freight
charges on these shipments. Accepting this
view, a maximum fine of $720,000 la possi
ble. The Jury commission wss odrdered to pro
due the new psnel Thursday.
OIL CASES ARE DISMISSED
Proseratlon of Promoters ( arle
"nns Company P.ads with
olle.
TOPKKA. Ksn.. K.b. M.Two Indict
ments against H. II. Tucker, A. U Welaon
and G. J. Fleming f.r using the malls to
defraud In selling slot k of the Uncle Bsm
Oil company were dismissed In the United
States circuit court todsy on motion pf H.
J. Bone, United States attorney. Turkrr
haa bet tried on one Indictment and ac
quitted. The other men who were asso
ciated with Mm have never boen Irle.l.
TRAVELING MAN A SUICIDE
Owen anepnll pf a I4era, ia.. Hills
lllsnaelf IrrieM ( Fnanlly
Tronnlea.
MARSH ALI.TOWN. la.. Fen, a Hr.
rial Telegram. Owen Campbell,
a traveling man lUIng In Kldora,
milled suicide at ttlalreburg. la.. n,is
morning It la believed C.,tll waa
V.ul. nt over hrt-Klina about eitane.
"V'il baloen himself and his if, Bh
tuit u.g kit kite) Is (ears agu.
QUESTION OF CLAIMS
Doubt Expressed at to Validity "of
Action for Damage.
GREEKS AND AMERICANS ON A PAR
Joel W. West, Injured Property
Owner, Can't Find Law.
BELIEVES NEBRASKA HAS tfONE
Greek Minister Takes Up Matter with
Secretary of State.
MAY COME TO ADVISE COLONY
Sntne of the Hrfnaers Talk of
Relnrnlna; to Monlh Omaha
Today to H ran me Their
Residences.
MUST UHCI.I1 SAM FAT FOB ITT
WASHrtroTOif, reb. serstary of
Stats Bacon had a call today from la. A.
Xoro Milan, the Greek minister, who took
up the cast of the Greek residents of
Sonth Omaha, whose interests suffered
rough treatment by a mob Bnnday n&ht.
The minister merely called the depart
ment's attention So the matter aa a basis
for any further notion that may he de
cided npon. He la awaiting detailed rs.
ports of ths damags.. The State depart
ment will ask the governor of Xebraska
for Information about tha ease.
Hrsrlra Homeward, Mnybe.
The return of molested Greeks to resume)
their residence and business In South
Omaha today and plans to test their In
demnity rights against that city are Just
now about tho most conspicuous features
In thn situation growing out of the Sunday
riots.
Several rromlnent Greeks have stated
that their people many of them at least
would return to their homes todsy, but it
is doubted If the normal number ever will
return to South, Omaha. While there is
no popular fear of an Immediate rjvlval
of hostilities, the Impression is common
that since the packing houses have de
cided to let out the Greeks gradually th;y
will not all resume their homes In that city.
As to the claims for damages sgatnst
South Omaha by the Greeks and American,
property owners, extremo doubt la ex
pressed of their validity. Joel W. West,
an attorney and also one of the damaged
property owm-rs, haa spent much time)
since the riot Investigating this question
and thus far he fnlls to find warrant In
the statutes of Nebraska for such proced
ure. He also doubts that the federal gov
ernment may be held In such action, -Aa
to the- Minister.
In this connection some of the local lead
era among the Greeks say they are ad
vised by their minister at Washington.
I.. A. Koro Villas, that hs or Nikolaoa
Sallopotiios, the fconsul at Chicago, will
cume to Omaha to direct and advise th
Greeks. From the press dispatches of yes
terday It Is Inferred that the minister con
templates redress, even If he has to ask
Uncle Bam to reimburse his people for
what they lost in South Omaha Sunday
night.
The law firm of Sullivan & Rait, com
posed of former Supremo Justice John 3.
Sullivan and James Rult, has been re
tained as tho local legal sdvlsers of th
Greek community, numbering 3,000 persons.
But Mr. Rait said yesterday they had de
cided upon no definite action as yet. He
did not know whether civil suits would
be Instituted or not.
It is understood that the owners of prop
erty damaged in the riot are, aa originally
sttled. still contemplating some sort of
action In the court.
"West Cannot Find th Laws.
Joel W. West after looking Into the mat
ter of Indemnity against tha city ot South
Omaha says:
"Provision Is madu by statute In a
number of states, where municipalities are
held liable for damages resulting to prop
erty through the action of mobs. But such
a law does not apply to Nebraska. I alao
question whether there is nny federal law
that exacts compulsory compensation for
damages to the property of aliens under
such circumstances, particularly aa may
apply to Greece. I am not aware of any
treaty between the United 8tates and the
Greek government as would apply to such
circumstances as the South Omaha affair.
In brief, I do not think that we have any
recourse, whatever, or any ground upon
which to begin a civil suit against ths
city of South Omaha.
"I am, however, of the opinion that If the
newspapers correctly report the addresses
at that mass meeting, that these speakers
could be held amenable for damages for
Inciting the riotous acts and that action
could be brought against them. 1 he case
is analogoua to that of the Haymarket
riots in Chicago, where the speakers
through their Incendiary talk wrought the
anarchists up to doing what they did.
"The South Omaha affair rhould be tho
Incentive for the enactment of a law af
fixing civil responsibility to munclpalitles
for damages resulting from riotu and mobs.
Such a law would not help the property
owners damaged In Bunday'a riots, as a law
cannot be made retroactive."
Troopa Esrosrsge Thsa.
The action of Governor Shallenbergwr
after a visit to South Omaha Monday, In
calling out three compuniea of ths Ne
braska mllltla and keeping them assembled
In the armories and halls Tuesday seems
to have had the effect of encouraging the
Greeks. Many who left Sjuth Omaha and
took refuge In Council Bluffs returned
Tuesday and went to South Omaha for
their iwrsonal effects.
Before going to their former homes, how
ever, the Greeks visited th armory and
hull at Fifteenth and Podg streets, where
eomules were slalloi.ed. They peered
In at the windows and peeked through
cracks around the doors to make sur the
soldiers were there snd ready for business.
r- ntrU e were making long wet pa lis
umm the cement floor of ths armory nnd
streaks "f mud sln.ned they had walked
th halls w litre the companies were sta
tioned. Joel Mold lh Fart.
Commanding officers esld Uu-lr Inxtric.
turns went nn fjrlhrr Irian Ihsl I h-v
aliouid remain In rex ealnq and aes nibl. 1
umil further orders were ik dismiss
ing litem.
Not ro.re than iwml'.fivt men of each
company nere In the e a 'Ions. The vigl.
Ini. e of III sriitrns nss w-ll rulcolsi.4
lo lmj.fr aa the Greeks -ho vke In N'
on wss ali4 li , lh ne wlih'-ut
aa 4cr Uutm li officer la mnuui i.
