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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 8, 1909)
The Omaha Daily Bee
PACES l TO 10.
For Nehra'ss Partlv cloudy.
For Iowa- Tartly cloudy.
For weather report see p"e
vol. xxxvi ii-xo. im
1900 TWENTY PAGES.
SINGLE COPY TWO CENTS.
FIRST VOTE ON
' Senate Decides to Make No Change
in Rate on Lead Contained in
' Lead Orei.
I OWEN SPEAKS ON INCOME TAX
from Car Fire
J UDGE DEAN
Union Organization of Employes in
French Service Said to Be
PUBLIC SYMPATHY AGAINST IT
State Supreme Court Decides that
Governor Sheldon Had Power
Awakening to Find Special Car in
Flames, They Signal Crew
SHALLENBERGER'S ACT ILLEGAL
1, MAY 8,
REAL REVISION IS CLAPP S PLEA
Grant Relief or Democrats Will
Change Tariff, Says Minnesotan.
TARCE TO RE-ENACT OLD RATE
Senator Bacon Discusses Effect
Protective Tariff on Prices.
He Declares Dominant Party I'rnm
lard l,owrr Dot- and Moat Krrp
Word or Risk Defeat at
WASHINGTON. May 7.-Just before ad
journment today the senate voted to flz
th? duty on lead contained In load ore at
I'.s cents prr pound, which la the rate of
the Dngley law andf the pending bill an It
'" pasted by the house of representative,
-fifty-three oenators. Including all repub
. llcana present and Senator Hughes of Colo
f V'do, Mc Ferry of Louisiana, voted In favor
tf the duty and nineteen democratic sena
tors voted against It. This particular para
graph ha' not been opposed by the low
tariff republican and the vote was not
During the day Senator Clapp and Senator
Owen of Oklahoma upheld the constitution
ality of an Income tax.
Speech or Senator Clapp.
The session of the sante was begun to
day with a speech by Senator Clapp of
Minnesota, who commented upon the policy
of protection and referred to distinctions be
tween a protective tariff and a tariff for
Mr. Clapp declared that Instead of con
gress taking tip the work of a complete
revision of the custo mdutles It should
Tiave taken one schedule at a time, In
which ev ent I here would not have been the
great excitement and the opposition' that
existed when all the tariff schedules were
taken up for consideration. The effective
Klklns law, he cited, as having been passed
with little1 popular attention, while the last
railroad rate legislation, he declared, had
met opposition because agitation had ex
cited the pubflc mind and caused wide
spread opposition and predictions of danger
. to the Interests affected. So the present
tariff opposition, he said, had been pro
voked by widespread agitation, whereas had
the schedules been taken uu separately
revision could more easily have been ac
complished. The promise of Jhe republican partr.
Mr, Clspp declared, was that the tariff
should be revlaed downward, and he a
aerted that this promise had been made
In response to a positive demand. - He
Bald the poHltlon on the part of the' pro
tective Interests . was that "we should
let well enotlgh alone and on the part of
the consumers that the tariff should be
Revision Downnnfl la Demanded.
' ."You can't tell me," he said, "that the
ilutter demand did not mean that tho
tariff should be revised downward. To
take any other position ls mere boy's
play, nothing less thsn a Xarce, and If I
did not believe tho duties were to be
lowered In response to this exaction I
would pack my grip and go home, for as
a senator 1 am not required to partici
pate In such a farce as the mere re
enactment of the JMngley rates.
"If this promise" he said., "was for a
revision that would mean the mainte
nance of the IHngley rates then we are
confronted by tho ridiculousness of the
chief executive calling congress together
to revise something that should stn id
unchanged until the end of time. When
the people made the demand for a tariff
revision downward there was no sugges
tion that these industries were not suf
'Meciaring that . If . congress should fall
now to lower the tariff rates, the demo
cratic party ,would be put In' position to
so revise It two years hence, Mr. Clapp
s hi. Ho did not wish to .uae threats,
but inerely to tell tho truth.
"It may be In your power." he aatd as
he faced the republican senators, "to act
T contrary to the' wishes of the people,
but so sure as you do that, two years
from now this tariff will be rev-iced not
b ythe friends of protection, but by the
enemies' of protection."
Stone oa Lead Doty.
When the lead scdedule. was agiln
taken up tor consideration Senator Stone
took Ihsuo with lila republican collcuuue,
Mr. Warner, on the duties provided In
the bill, declaring that the rates of the
house bill w?re sufficient to protect the
great lead Industry of his state and that
the Increases made by the senate com
mittee tn finance were unneiessary for
In n r opinion." continued Mr. Stone,
m col. is a pound pn lead re is mors
than It ought to be even from the stand
point of the protectionist, and I will vote
tja put It down to 1 cent."
Mr. Stone refused tu coincide with a View
expressed by M Hutherland that If the
11 waa cut down tuj 1 cent a poimd nearly
one-hald f the l aU mines would close and
thousands of inair be thrown out of em
ployment. Referring to remarks by Mr. Bristow yes
terday. Mr. Bto-ie declared there were more
reoplo using white load, than making It,
s.nd they were) entitled to equal considera
tion. Bristol fttarta Hornet hlaa".
Resuming his uri'1!" to levying any
ik "duty pn pig lead In
addition to the,, duty
of lli centa a-pound
provided for the lead
tn ore by Ihc tariff
bill as passed by the i
Louse. Mr. BrlstoW declared mat it costs i
no more to make pig lead in ibis country
flian abroad. Mr. Bristow was Interrupted
by Senators AMrlch. Bora, onioot. Suth
erland and lleybw", aJl coulendltig hat
v the labor oust In pioduoing lead waa enough
greater than abroad to Justify the dlffrr-
entlal of H of 1 ceht per pound. proposed
by the committee on finance. Mr. Bristow
aid tie would, offer no reoolJtlon to the
proposed duty on lead pre because of con
ditions, but prottalcd against any additional
duty on pig ieu, m Fi"uu.fc
tiriit ii Froteltaw
it There a as a fair prospect of reaching a
ft . vcte on the lead schedule when Senator
ry. bacon took the floor and proceeded to dls
' cuss the, general principles of the protec
J Bv tariff S)Stin. He declared that by a
conservative eatlmate for every dollar col
lected at the custom houses of the county
(Continued oa Second Page.)
CHICAGO. May ".-High officials of the
Pennsylvania lines experienced a thrilling
scape today from fire which destroyed
the special car on which they were travel
ing from Pittsburg to Chicago. The of
ficials were- First Vice President Joseph
Wood. Becond Vice President J. J. Turner
and Chief EngUat cr Thomas Rodd. Mr.
Turner rsrsped through a window.
The Pennsylvania special, to which aper
clal ear No. 7.606 i attached, wss bowl
ing along at a merry clip between Hanna
and Davis Station, Ind , when the fire
was discovered by Mr. Wood at a. m.
He signaled the train to stop, shouting an
alarnt to Messrs. Turner and Rodd. The
latter and Mrs. Wood were near the doors
and escaped In the extreme negligee as the
train came to a stop. Meanwhile Mr.
Turner, occupying a compartment near the
center of the car, aroused by the hert and
the shouts of his companions, opened toe.
corridor door, only to find his exit blocked
by the flame. He promptly turned to the
window and smashed the glass with his
fist, no other instrument being at hand,
but the sash refused to budge. The train,
obeying Mr.'Wood'a signal with prodigious
Jerks which alarmed the entire passenger
Hat, presently came to a standstill. Then
the train crew from the outside succeeded
raising the sash and Mr. Turner was as
sisted to safety, with no Injury more
serious than a slightly cut hand.
The burning car was then shunted onto
a siding and left to Its fate.
The fire Is believed to have been due to
crossed electric wires.
is Reported Low
Average Estimated by Government i
Two and a Half Per Cent Be
low Year Ago.
WASHINGTON, May 1. An average con
dition of 8S.6 per cent for winter wheat and
S8.V for rye on May 1 last, against a ten
year average on that date of 88 and 89.1,
respectively, waa announced In today's crop
report of the Department of Agriculture.
Area of winter wheat to be harvestsd waa
about 2T.8T1.O0O acres.
The area of winter wheat to be harvested
was about 2,478.000 acres less, or 8.1 per cent
lavs than the area harvested In 108, and
2.163,000 acres, or 7.2 per cent less than the
area sown last fall.
The average condUlon of winter wheat a
month ago waa (2.2 and a year ago 89 per
ceat. Rye averaged 87.2 a month ago and
90.2 on May 1, 1918.
The average condition on May 1 last and
ton-year average on. May 1, respectivefy, of
certain atatea for winter wheat and the
same, respectively, for rye: .
Kansas: Winter wheat, 84 and W; rye,
88 and 80.
Nebraska: Wlntef wheat, S3 and 88; rye.
90 and 91.
Missouri: Winter wheat, 82 and 89; rye,
87 and 9V.
Illinois: Winter wheat, 78 and 88; rye,
87 and 90.
Oklahoma: Winter wheat, 81 and 87; rye,
SB and SS.
The average condition of meadow (hay)
lands on May 1 was 84.6. compared with
93.5 on May J. 1908. and a ten-year average
on May 1 of 895. ' '
The average condition of pastures on
May 1 was 80.1, compared with 92.6 on May
1, 1908, and a ton-year average on May t
of 88: 64.1 per cent of npring plowing was
completed up to May 1. compared with A6
per cent on May. , 1908, and a , ten-year
average on May 1 of 66.4 per cent; 61.7 per
cent of spring planting was completed up
to May 1, compared with 64 7 per cent and
47 per cent on May 1, 1908 and 1B07.
The percentage of winter wheat aban
doned was 7.2. .
SESSION ON C0UNTRY , LIFE
tVeatera Mrs Discnaa Matters of In
terest to Farmers at Gntbrle
Gl'THRIE. Okl.. May 7.-Testerday hav
ing witnessed the forming of a permanent
body, today's session of the Southwest
Interstate Commission on Country Ufe waa
given over ta further patters and speeches.
Among the speakers, all of whom are west
ern men, was R. B. Cousin of Austin, Tex.,
whose theme was "The Mission of Schools
in Improving Oiuntry Life Conditions."
Good roads. Irrigation and the parcels
post were other subjects discussed.
GERMAN AMBASSADOR SPEAKS
C'oaat on BernstortT Addressee the
Deatarher ('! of MllwaoV.ee,
. MIL.WAVK EE. Wis., May 7. Count
Johann Von Bernstorff, the German am
bassador, was the. guest of hqnor st lunch
eon today at the Deutscher club, an aris
tocratic German organisation.
At the luncheon the count spoke in a
Woman Caught by Rope on
Wagon and Dragged a Ways
While crossing Karnam street on the
west side of Sixteenth at 9 o'clock Friday
mrrnlng. Misa Agnes Riley of the Klley
Sisters, milliners at 317 South Sixteenth
rtreet. who Uvea at 4&S Chicago street. In
Dundee, was caught by one foot in a loop
of rope' that was dragging from a delivery
wagon driven by Frank Blake of North
Twenty-third street. She waa thrown to
the ground and dragged cast fiom the foot
crossing almost to the car tracks. She
escaped with only a bad scare, gener.d
ahaking up and a number of minor brulsea.
The wagon waa going at an ordinary
gait. About twenty feet of light rope,
looped at the dragging end. was trailing
from the rear of the vehicle, and It was
into the loop that Mtas Riley unconsciously
A piercing scream, audible for blocks, at
Government is Urged to Take Steps
to Crush Rebellion.
ONLY PART OF GENERAL PLAN
Federation of Labor Intends to
Organize All State Employes.
PROVISIONS OF THE STATUTE
Law of 1ft4 I lmlta the Orgraalsatloa
t of "radicates to Professions and.
Trades In Competitive
PARI9. May 7. Both public sympathy
and the law seem today to be clearly
against the posts, - telegraphs and tele
phones employes' association, which yes
terday threw down the gage of battle to
the government by .transforming Itself Into
a syndicate or union under the laws Of
1884. This action placed the union on the
same footing as the workingme.n's unions
and was calculated to give It the right to
strike against lte employer, the state. The
newspapers this morning, with the excep
tion of the extreme socialist organs, are
unsparing In their denunciation of the
stand taken by the association as an act
of rebellion, an4 they urge the government
tosproceed with energy and crush the In
surrection before the movement engulfs
the other categories of state employes.
Evidence accumulates today that the
formation of this union yesterday waa only
the first step In a far-reaching plan of
the General Federation of Iibor to, place
the entire machinery of the government
at Its mercy.
The law of 18S4 limits unions to profes
sions and trades engaged In ''competitive
Industry" and the attorney general of the
republic Is expected to decide summarily
that the syndicate Is illegal and order Its
As soon as 'this Is done the organizers of
the movement will be subject to heavy
fines and Imprisonment if they persist in
The congress of railroad men, at a secret
session today, decided to submit the ques
tion of a general strike to a referendum
and appointed a permanent strike com
mittee. Dispatches from Havre. Lyons ind other
cities say the posts, telegraphs and tele
phone employes' association has voted In
principle for a. general strike. , v
The Postmen's syndicate today refwsed
to five any further communications to
the rr". having decided to keep their
plans secret. t
The attorney general began proceedings
today. In the tribunal pf the Seine, for the
dissolution of the postmen's Syndicate.
AJACCIO, Corsica. May 7. The railroad
employes on tho Corsican lines today voted
to commence a general strike Sunday.
Man to Death
Josiah Carmean, a Wealthy Farmer
of Furnas County, is Victim of
BEAVER CITY. Neb.. May 7.-(8peclal.)
The almost lifeless body of Josiah Car
mean waa found early this morning - In
the horse barn at his farm, three miles
south of eHaver City. . Mr. Carmean waa
horribly margled and bruised, evidently by
kicks from a horse. The base of the nose
near the left eye was torn loose and the
forehead mashed In. Eight pieces of bone
were removed, leaving the brain exposed.
There waa alao a cut on the right cheek
and the chest of the Injured man waa
bruised. It la thought he. waa tramped on
by a horse's hoofs.
Mr. Carmean waa ' lying across the
manger when found by Mrs. Carmean at
7 o'clock. Trie stall Is occupied by two
horses, which were known to be vicious.
The pole between them was smeared with
blood. Mr., Carmean has but one arm.
What occurred with never be known, as
the doctors give no hope for his recovery.
He la one of the wealthiest farmers of
Furnas county and a bmther-ln-law of
Judge Harlln of York.-
EVELYN .THAW PAYS FINE
to Kettle Part
NEW YORK, May ,7. Evelyn Nasblt
Thaw did not go to Ludlow Street Jail to
day. Instead, her counsel paid over to
George B. Hayes, the receiver appointed to
take charge of Mrs. Thaw's affairs, the
amount of $250, the fine Imposed upon her
for contempt in failure to appear In sup
plementary proceedings. This sum Is to
be applied to the extinction of the Judg
ment for $253 obtained by Elsie Hart wig.
a milliner. There still remains to be paid
nearly $100 made up of coats in various
courts and the receiver's fees, before Mrs.
Thaw ran have her affairs taken out of
the hands of the receiver.
tracted the attention of pasersby ss she
was Jerked from her feet. A number of
men caubed the driver to -stop his team,
while others helped Miss Riley to her feet
and removed the rope. She was able to
walk with slight assistance to her place of
business, a block away.
It Is thought no serious results will arise
from the accident, as Mlsa Riley's condi
tion promises to be normal, aside from her
bruises, as soon as she regains nervous
Several policemen, including Sergeant
Samuelson, Emergency Officer Nellsen,
I'atrolman Jensen and Detectives McDonald
and Walker, were at the scene almost Im
mediately after It occurred. They secured
the name and address of Blake, the driver
of the wagon, also that of Mlas Riley. A
large number of people, on their way .to
work, witnessed the affair.
WW :SSkJ: ' ''''
From the New Tork Herald.
MRS. BOYLE IS IDENTIFIED
Billy Whitla Points Her Out as the
Woman Who Held Him,
CALLED HER MRS. "JONESEY"
Kidnaped Lad Repeats Testimony of
the Day Before in Presence ot a
Large Tnrongr Caaa
MBRCKR. Pa.s May 7. The atate today
completed in . c against Mis.' James
Boyle, chirked with aiding and Abrttlnn
the kidnaping of Willie Whitla. After a
conference lasting "i little over half an
hour Mrs. Boyle and her counsel deter
mined not to offer any testimony In her
behalf and" announced tHaf "the defense
rested. Th court fixed tomorrowlmorfiirig
for 'hearing of arguments. ' ' ' ' .'. '.
Tlie court room was packed this morning
when the trial of Mrs. Boyle, as an acces
sory to the kidnaping of "Billy" Whitla,
was resumed. To avoid any repetition of
Inst evening's demonstration of hostility
toward the woman, when the women of
Mercer had applied opprobrious epithets to
her, the prisoner was driven to the court
houae In a rlosei carriage.
The Issue raised before the adjournment
of court yesterday, regarding the testi
mony of Miss Ella Boyle, apparently In
tended to connect Mrs. James Boyle with
the formation of the kidnaping plot whlla
visiting in Sharon, was qulckyTlhpensed
with today by the prosecution withdrawing
"Billy" Whitla, the kidnaped boy, was
the first witness. He repeated substan
tially his testimony of yesterday, given In
the case against James H. Boyle. In re
ferring to Boyle the boy called him
"Jonesey," having been told at the time
of the abduction the man's name was
Jones. He testified that when he arrived
at the house in Cleveland with "Jonesey"
they met a woman. He said:
"Jonesey told me she was another Jones.
Mrs. Jones said she had eaten supper, but
told me to eat. 'Jonesey' told me the
woman was a cousin of his."
Boyle Woman Identified.
The boy witness Identified Mrs. Boyle ss
the woman who had cared for him In
Cleveland and whom he had known as
Mrs. Jones. He Identified a nurse's outfit
as the clothing Mrs. Jones had worn and
said she had red spots on her face, which
she said were the result of having recently
had smallpox. He said the woman told
him to tell his parents she was 44 years old
and very large. '
The prosecution offered In evidence the
note written for "Billy" to carry on the
street car on his way to ths Hellenden
house when he was returned to his father.
The defense objected, claiming It did not
concern Mrs. Uoyle. "Billy" stated, how
ever, that It was given to him In Mrs.
Boyle's presence and It was admitted.
On crosa-examlnatlon "Billy" was asked
but one question, as to whether Jones alone
went with him to the street car when ha
(Continued on Second Page.)
Have you started
to make your gar"
den? Now is the
time to get things
into the ground.
Under the head of "Every
thing for the Garden" you
will find just the information i
you want as to where to get
plants, needs and garden tools.
You will find these things ad
vertised among the want ads.
Have you read the want ads yet
,A LOOSE WIRE
Lies at Anchor
at New Orleans
Mississippi Inspected by Many In
terested Visitors No Fear of .
Jeff Davis Picture.
NEW ORLEANS. La.. May 7. Lying at
anchor In the great stream whose name It
bears, after having Journeyed through the
passes and up the river without untoward
happening the battleship Mississippi ' was
boarded and Inspected by a throng of In
terested visitors today.
Among those who went on the big ship
were a hundred or more Louisiana editors
passing through New.Orleana.on'.thelr. way,
to;their- respective homes from, the annual
meet Ing 'of . the Louisiana "Pressi association. '
Numerous tenders .aof hospltaj1ty have
been extended , to. the -.of fleers ( and 'crew
of the vessel during Its stay In this-port.
The principal feature ;of t entertainment
will be a banquet next Tuesday night.
Prominent officials of several southern
states and of the Lakes-to-th-Qulf . Deep
Water association are expected to be pres
ent At the several places where the Mis
sissippi will stop, on Its Journty up . the
river elaborate preparations have been
made for the reception of the officers and
Little Interest waa taken among the offi
cers of the battleship in the resolution of
Congressman Holllngsworth of Ohio, ques
tioning the placing of the picture of Jef
ferson Davis on the silver service to be
presented to the Mississippi at Horn Isl
and next month. While the officers were
adverse to making statements for publica
tion they left the Inference that they were
not at all In accord with the terms of
the resolution. All endorsed the generally
"Sectional feeling among the officers of
the navy has entirely disappeared."
J. GUERNEY CANNON, ALIAS
UNCLE JOE, OBSERVES BIRTH
Speaker Kevent r-Three Years Old
and Is Presented with tronrd
Hipper by Friends.
WASHINGTON, May 7. Joseph Ouerney
Cannon, speaker of the house, more fa
miliarly known as "Uncle Joe," Is 73 years
old today. Reminiscent and epigrammatic
as usual Mr. Cannon received the congrat
ulations and good wishes of his friends
and political enemies in his office at the
The republican members from North Car
olina, where the speaker was born, pre
sented him with an unusually large dip
per made pf a gourd from that state. This
brought recollections of "Uncle Joe's" boy
hood days, when he said they used a dip
per of the same character In making maple
sugar. Every visitor today remarked upon
tho good health and spirits of the speaker,
who waa recently referred to on the floor
of the houae aa "the iron duke of American
Airships Will Not Be Great
Danger to Fleet Says Fremont
NEW ORLEANS, La.. May 7. -Captain
John C Fremont of toe United Statea bat
tleahlp Mississippi, now In New Orleans
harbor, la not a believer In the theory
that the battleship la to be relegated by
he adoption of aerial navigation. In dis
cussing the matter be said:
"Did you ever try to drop a marble from
the second story of a building Into a hat
on the ground. Well, that la Just about aa
easy to do as It Is to drop a lyddite shell
from an ulrahlp upon a battleship or a
Dreadnaught. The currents of the air will
cause the shell to fall In aome place other
than that designed. Invariably. There Is
nothing of sufficient carrying power yet
to bring about the navigation of the air
by any sort of a ship which will carry a
gua or instrument whlcti would direct the
fir accurately of a downward projectile.
ABUSED MOTHER RESCUED
Rich Kansas City Man Finds Her in
an Iowa Poorhouse.
CHEATED OF F'ARM AND CHILD
Repentant aiater-tn-l.atr, on Death
Bed, Clears I'p Mystery of "Crasy
Mac," Who Will End Days
CRBSTON, U., May 7.-SpeciaU-About
fortv yearn ago. up tn Madison county,
there, lived a woman, Mrs. Blythe, who,
while not actually Insane, yet wna weak
minded, and at times quite "flighty." She
waa poeseanad of soma property and owned
an eighty-acre farm. Relatives of her
husband got control of this In some way
and a"lo took from her her little son.
Charles. who was then a lad of about S
years, old. and led her to believe he was
dead. Dazed and grieving, the mother
wondered away, coming later to this place,
where she. earned the name of "Crazy
Mag," and finally became a county charge.
Her husband married again and the son.
It seems, waa brought up without ever
knowing wh.it had became of his mother.
He prospered and became wealthy, and
finally married and went to Kansas City
to livo. Here rumors reached Him that
caused him to Henri his wife hore twenty
two years ago, to the county farm, to learn
If possible whether "(razy Mag" was his
mother. A staler-In-law of Mrs. Blythe,
who waa interested In getting hold of the
property which would, go to Mag and her
aon. If the truth were known at that time,
made the young wife bellevtt that the
woman In the county Infirmary was the
second Mrs. Blythe, whose name was also
Margaret, and not her husband's mother;
that she was dead.
Returning to Kansas City with this
story, the young wife and her husband.
Charles Blythe, abandoned the search for
the lost mother as Jiopless and believed
her dead. A few weeka ago this sister-in-law
who deceived the young wife, on
her deathbed save out a confession that
she had lied about the story of Mag and
her death to the Kansas City woman
and asked that the son he notified of the
true state of affairs.
As soon- as he could verify the story
the son rame here and went out to the
county farm to nee his old mother, who
Is now almost SO years of age. He no
tified the authorities at the inflrniury
to get her ready as soon as possible and
send her to Kansas City, where he pro
poses to care for her In his own beauti
ful home. He brought with lilin pictures
of the room which she will occupy, and
with an attendant especially for he he
will endeavor to partly atone for the
neglect and Borrow of years which his
mother has suffered.
Two Pardons Urnnled.
TIERRK. S. 1J., May 7. (Special Tele
gram.) The State Pardon board today
recommended pardons In the rases of
Joseph Hnrncaa, sentenced from Custer
county on a charge of forgery, and KMward
Tobin, sentenced from Minnehaha county
on a charge of burftlary.
"It would be many year before aerial
navigation becomea a source of extreme
danger to the navies of the world, and It
will never be until there Is some better
propelling power than a gn engine. In
stead of a force which generated one-horsepower
to the pound, there must be some
thing which will be able to generate a
horsepower to dn ounce of combustible
gas. There must be something which will
sustain weight In the air and which cannot
be found and shot to pieces by guns from
the earth. At present, from recent
perlmetits. It has been shown that en
aerial vessel Is helpless and can be shot
to pieces at an altitude of several thousand
feet, mora than two miles, bvfore It can
reach a position anything like directly over
the object It seeks to attack."
State Canvassing Board Acted Within
Its Rights Last Fall.
LEGISLATIVE CANVASS NO GOOD
Joint Convention Possessed No Power
to Canvass Vote.
OCCUPATION TAX ACT GOOD
Supreme Conrt I'pholds Action of the
Lincoln City I'onnrll tn l.T)lna
Bach n Taa on the Fnhltc
(From a Staff Correspondent.)
LINCOLN. May 7. I Special.) The su
preme court Friday afternoon filed a de
cision In the suit of Oldham hgnlnat fVsn,
holding that the appointees of former Gov
ernor Sheldon on the supreme bench ar
legally entitled to their seats; that the ap
pointments of Oovcrnor Shallenberser to
the same positions am illegal; that the
State Board of Canvassers had power to
canvoss the vote on the constitutional
amendment Increasing the number of su
premo court Judges from three to seven,
and that the canvass attempted by the
legislature was without effect because the
Joint convention has no power to canvam.
and that the acta of the legislature relatliuf,
to tho canvassing of votes cost for con
stitutional amendments were legally
adopted. Tho present law relating to can
vassing this vote is upheld.
As there Is no specific provision for the
canvassing of tho vote on amendments and
no provisions for such returns to be trans
mitted to OT lodged elsewhere than With
the State Board of Canvassers, tha couit
holds that it was the duty of this board
to canvass the returns Inst fall. The court
also holds that the Joint convention did not
hfcve before U the returns on amendments
anid that the law does not permit the re
moval of the returns of this kind from tho
office of the secretary of state.
The court says any one who reads will
concede the truth of the statement of Rc
resentatlve Taylor of Cuxter when casting
his vote that the canvasa by the Joint con
vention mas not In accordance with the
The opinion was written by Chief Justice
Reese. Judges Dean and Roso not sitting.
Governor Sheldon named Jesse L. Root,
J. 8. Fawcett, W. B. Koe and J. R. Demi
as Judges. The legislature challenged this
right, claiming that the Statu Cnnvaaslng
board had no right to declare the amend
ment carried, and that It nlone had the.
power to canvass and declare the result.
It proceeded to do an, and Governor Shal
lenbcrger named Kawcett, Root, W. V. Old
ham and J. J. Sullivan as Judges. Kx
Uovernor SifaH A. Holcomb was offered
one of the places, but he refused to niako
a fight for the place and Oldham, Vho was
willing to scrap, waa named In his stead.
Boy Fears Rebuke,
Sixteen-Year-Old Youth of Gowrie
Commits Suicide After a
FORT DonUF, Ta,. May 7. (Special Tele
gram.) Fearing hie father would KCold him
because he had allowed the horses he wn
driving to run away, Elmer Soderbecli. 16
years old, son of Hetor Boderbeck of
Oowrle hung himself to a rafter In the
granary lust night.
His father was In town when tho runaway
happened and the hoy waa afraid he would
be, angry when he returned. His mother
was in MurUock, Minn., and the lad was
alone with the younger brother. The,
brother found him hanging to the rafter.
The dead boy hud not been In good health
for some time.
BURKETT T0TACKLE TARIFF
IXeliraaka Kruaior Will I'lenil for Frro
1. u in tier llclraatrs to Neotfa
(From a Staff Correspondent. )
WASHINGTON. May 7.-(Spcclal.)- Sen
ator Burkett, JuhI so soon aa he may lie
able to, gain the flor, has a sptech which
he will deliver in reply to Senator Tiles
on the lumber schedules of the pending
tariff bill. Senator llurkett Is one of the
stronc advocates of free lumber throughout
rough and dressed pt.Hluets, but may also
touch upon lion nnd steel schcdulns and
lay before the senate In advocacy of a
further reduction of the duty on bath
I'lans for the location of the new agri
cultural experiment station at Scott'a Bluff,
Neb., have been perfected so far as pos
sible. Tho secretary of agriculture told
Senator Burkett this looming- that the
tien who are to meet with the panics lo
cally interested have been selected ami or
dered t'j go to Scott's Bluff about May Is.
The representatives of the Agricultural d
purlmont are I)r. Chllcott, who Is head of
Investigations rclattng to dry farming, and
Mr. Kcoflcld, who has charge of western
agricultural work. A representative of the.
recliiinul ion serstce has also been appointed.
Mr. Meuna .engineer of the Truckee-carnon
project. Thine thiee. men are to nuet with
I H rector Burnett of Lincoln agricultural
experiment station rn the day selected.
NORTH FI.ATTK, Neb., Mj.v 7.--i Special
Telegram I John Uwyer. a prominent mu
chliUt of this city, mas found dead In his
room at Wichita, Kan., last niht. He
was acting ss temporary roundhouse fore
man of the Missouri Pacific there. He
leaves a wife and five children hore. The
body Is on the way hero Uwyer waa a
member of the Knights i.f Columbus.
snpertlaor Fred Oils. -
BKATRJCB. Neb., May 7 -(Hpcclal Tele
gtam.)--Hupervlsor Fred Oils dli d suddenly
this afternoon at his home at KI11? Springs
of peritonitis. Ho waa elected last fall
to succeed It. J. Harris. He waa about iH
years of ie and was manager of the
Wymore Concrete company, 11a laavc a
widow and two daiwrh' -
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