Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 12, 1909)
The Omaha Daily Bee
PAGE 1 TO i-
For Nehrssks-l,oca1 shower.
For Inws-I.ocnl showers.
For weather report nff page 2,
VOL. XXXVIII-NO. 310.
OMAHA, SATURDAY MOHXIXO, JUNK 12, 1DW-TWENTY PAGES.
SINGLE .COPY TWO CENTS
Wisconsin Senator Burns Aldrich and
it Called to Order for Hit
LIVE STOCK LAW
Supreme Court Upholds Statute Re
quiring Expeditious Handling of
Animals in Transit.
JUDGMENT AGAINST BURLINGTON
Interior Department Officials Roused
by Resolutions Printed in
Honolulu Officers Raid J '
Newspaper Office ' v""
WOOL SCHEDULE CAUSES ROW
BIO CONSPIRACY IS ALLEGED
(From a Staff Correspondent.)
WASHINGTON. June 11 , Special Tele-
Progressive Leader Denounce! Lead
crship of Rhode Island Kan.
Iowa Solon Asserts Republican Party
Can't Father Schedule.
PERSONALITIES IN DEBATE
Inrxmc Tax Vt la Postponed tTntll
Jane 11, and Bailor rhirf'i
that "fndne Influence" la
WASHINGTON, June 11. Income tax
shared with the wool schedule, the atten
tion of the senate during the day's sitting
of that body and after discussion of an
hour or more Its further consideration was
poKtponed until June 18, by a vote of 4S
This action was the result of a motion
made by Senator Aldrich, which followed
a charge by Senator Bailey that undue In
fluence was being brought to bear against
the proposed Income tax amendment to the
tariff bill. Mr. Aldrloh declared that he
knew of no such effort, but pleaded for the
postponement of the question until the
schedules should be disposed of.
Mr. Bailey accepted amendment to his
Income tax provision suggested by Mr
Cummins by which the rate of tax waa
dressed from 8 per cent to t per cent and
exempted all Incomes under SS.000.
On Mr. Aldrtch'a motion, Senators Borah,
Bourne, Carter, La Follette and Piles voted
with the democrats.
Late In the day, the senate refused by
the decisive vote of 59 to S, to recommit
the wool schedule to the committee on ft
nance, on motion of Mr. Cummins, and
thus finally concluded the' consideration of
that schedule. Only a few of the progres
sive republicans supported the motion
This vote followed a long and animated
discission of the schedule, which was In
terspersed with many personalities.
I, a Follette Starts Trouble.
Openly declaring his opinion that Sena
tor Aldrich had lost the confidence of
other republican senators, which a leader
nhould have. Mr. La Follette made a de
termlned fight to compel the adoption of
amendments to the wool schedule of the
tariff bill, which was yesterday presented
by himself. They went down before the
majority, which right along had atood for
the finance commlttee'a work, the vote
being 44 against the amendments to 82 for
It was after this vote had been taken
that the Wisconsin senator made his asser
tion thai by 'hie course with reference to
the woolen schedule Mr. Aldrich had for-,
felted the position of leadership.
Senator Ualltnger complained that Mr
LaFollette had transcended the senatorial
rule regulating personal allusions In the
senate. ijiKollette accepted the official re
buke good naturedly.
Senator Cummins was also severe on
Chairman Aldrich and In the course of
his remarks declared that the senatorial
leaders were courting the destruction of
the republican party by their course with
reference to the duties on wool and wool
ens. Senator Bacon forced votes on two
amendments of his reducing to 30 per cent
ad valorem the duty on wool and woolen
goods, but he failed to obtain the support
of any of the republican senators.
Aldrich Scores "Proarreastye."
Taking the floor aa soon as the LaFollette
amendments had been rejected. Senator
Aldrich declared that the amendment af
fecting wool of the first class, if adopted,
would have cut down the duty one-half.
This, he explained, was because of the
fluctuation in the price of foreign wool,
which at times would make the protective
duty 4H instead of 11 cents a pound, al
though on its ace It was 45 per cent ad
"I would like to know," said the senator
from Rhode Island, "how my friend from
Indiana (Mr. Beveridge) and how my friend
from Iowa (Mr. Cummins) will explain
their votes In reducing the protection
which has been afforded the wool growers
of the United Slates, 40 and GO per oent by
their action In this matter?"
"It will keep us much buMer," Interposed
Mr. Clapp of Minnesota, "In explaining
somebody else' votes."
This declaration called forth applause
from the galleries, which was quickly sup
pressed by Vice President Sherman.
"My vote need no explanation," re
sponded Mr. Aldrich, "either to myself or
to my constltutenta to whom I ant directly
No sooner had Mr. Aldrich taken his seat
than Mr. LaFollette was upon hla feet.
Deuonne aldrtrh'a Leadership.
"That statement of the aenator from
Rhode Island," he said impetuously, "Is an
Impeachment of the leadership of the
enatorshlp of the senator from Rhode
Island. The want of oonfldence which has
come to some republican member in this
body would find Justification In hla course
here today if it had never before. Reserv
ing bis Information on thla bill he com
pelled everybody to vote en the amend
ments paragraph by paragraph. Does he
' expect to keep the confidence of the re
publican membership of this body by a
proceeding of that kind? He is the leader
of the republican aide and as such he has
aided in bringing us into a position of
embarrassment before the republican con
stituency of our various states."
"The senator from Rhode Island." Mr.
LaFollette continued, "with all hla crafti
ness, has embarrassed the republicans. He
said he had stateA 'half through this,'
wrlch has discredited hi leadership before
thla body and before this country."
Mr. LaFollette went on to aay that the
senator from Rhode Island had oomi from
a state that had granted nlnety-nlne-year
franchises, which he inltimated, was some
thing not toltiated in Wisconsin. He said
Mr. Aldrich had made no report on thia
blU and hal "chilled or frosen" those who
had sought with perfect curtesy to gala
some light upon the chaagee he had made
It It He proceeded:
"The senator from Rhode Island need
(Continued on Second Page.)
gram.) A special dispatch to The Bee
from Scott's Bluff, under date of June 8,
conveys to Washington the news "That
the unheralded appearance here of a
youthful emissary to the North Platte val
ley from the office of the secretary of the
Interior, who announced himself as an en
gineering Inspector of the big government
Irrigation project has started a commotion
in the community."
Inquiry at the Interior department de
velops the fact that E. A. Keyes, an In
spector of this department, was dispatched
by Secretary Balllnger to tne North Platte
country a week ago to- look Into Irrigation
affaire there, and upon completion of his
Investigations to return to Washington and
report to his chief. Why the presence of
Inspector Keyes In the North Platte coun
try should create "a commotion" and call
forth resolutions which have been adopted
by cltisens In that vicinity, as set forth
In The Bee, Is Inexplicable to the secretary
of the Interior. He has sent out Inspectors
from time to time to look Into conditions
regarding the progress of reclamation work
and render a report In order that officials
In Washington having charge of these va
rious projects may have as near as- may
be Information at first hand.
So far as the so-called eo-operatlon plan
is concerned It may be said that the attor
ney general In a recent decision held that
there was no provision In the reclamation
act providing for the same.
It Is not going to be the policy of the
reclamation service of the Interior depart
ment to disturb existing conditions In any
manner whatever. Insofar as they may
refer to co-operative work as it may affect
various reclamation projects. Department
officials, to whom the clipping from The
Bee waa shown, could not understand why
the mere presence of an inspector from
the department In the North Platte Irri
gation section should have so agitated the
good cttlzehs of Scott's Bluff. They say,
from a hasty persual of the resolutions as
adopted, that it Is quite apparent that the
people who passed them were laboring
In the resolutions It Is suggested that
senators and members In the house from
Nebraska be called upon to look Into the
complaint. As yet, however, neither sena
tor has been advised of any "kick" nor has
any member of the house from Nebraska,
now In Washington, any knowledge of
President Taft today nominated Walter
L. Minor to be postmaster at Morrill, Neb.,
and Charles E. Tanney at Summit, S. D.
The big earth dam of the Belle Fourche
irrigation project. South Dakota, Is about
two-thirds completed. Its construction is
being watched with a great deal of Inter
est aa it will be one of the biggest earth
dams in the world. It will be more than
a mile long and 115 fert high. Water was
running In all canala continuously through
out the month except two daya when the
Inlet canal bank needed repairs. The main
crops receiving irrigation are native hay
Major Frederick M. Hartsock, of the
Medical corps, is relieved from duty at
Fort Meade and will proceed to Fort
Wayne for duty.
Senator Brown offered his resolution to
amend the constitution making an Income
tax unquestionably constitutional and after
short dlscuslon it was decided to vote at
tb same time on the Brown amendment,
Captain Evan E. Young of Sioux Falls,
S. D., who won his title In the Philippines
with the First Dakota regiment, and who
entered the consular service after the
Spanish-American war, la in Washington
enroute to his new consular post at 8a
lonlca, Turkey, to which he has recently
been appointed. Captain Toung sails for hla
far-away eastern assignment tomorrow.
His first consular service was at Harput,
the assignment at Salonlca being in the
nature of promotion.
FOOT BALL STAR MADE JUDGE
Peter OTerfleld, Farmer Pennsyl
tsiIsd, KonUsted for Alaska
WASHINGTON. June 11. President Taft
lant tn the senate the nomination of
Peter D. Overfleld to be Judge of the third
Judicial dlatrlct of Alaska In place of Judge
Silas H. Reld. resigned. Mr. Overfleld is
a Pennsylvanlan, who has practiced law
at Nome, Alaska, for three years. He
was onoe a noted foot ball player with
the University of Pennsylvania.
Colonel Marlon P. Maus of the Twentieth
Infantry waa nominated to be a brigadier
RYAN HEADS AMALGAMATED
Succeeds Henry H. Roarers as Presi
des!: of Bla- Cooper
NEW YORK. June 11 John D. Ryan waa
Thursday elected president of the Amalga
mated Copper company to succeed the late
Henry H. Rogers.
LONDON, June 11. The Cunard line re
porta that its steamer Slavonia. which left
New York, June i for Naples, Is ashore
authwet of Flores island, one of the
Aiores group and that it la feared It will
be a total wreck.
All of th 410 passengers aboard the
steamer were taken off by the steamer
Prlnoesa Irene of the North German
Lloyd line and the Batavla of the Hara-burg-Ameri.'an
NEW YORK, Jun 11. First reports that
th Slavonia had run aground, reached
her shortly before 4 o'clock in a mesaag
to the North German Lloyd company from
Captain Peterson of the Princess Irene,
Took on board Prlnoesa Irene, 110 cabin
passengers from S. t. glavonia at aouth
waet of Flores island. The 300 steerage
passengers on Batavla. Slavonia probably
When the foregoing was received th
Cunard offlcea her had had no advice
whatever, and It heard first of the ac
cident through the North German Lloyd.
Flora Island, off which th Slavonia
Yellow Laborers Charged with Try
ing to Control Hawaiian Affairs.
THREE LEADERS ARE IN JAIL
Court Denies Their Application for
Writ of Habeas Corpus.
PRISONERS CHEERED BY JAPS
Islands Are Wrought t'p by Alleged
Discovery of Conspiracy Patriotic
Appeals Are Addressed to
Strikers by Companions.
HONOLULU, June 11. Evidence of what
the authorities claim Is a concerted move
ment on the part of the Japanese of the
Hawaiian group to control the sugar In
dustry and thus dominate the, Internal af
fairs of the Islands through their number
and power, waa disclosed today when the
offtoe of the "JIJ1," a Japanese newspaper
of Honolulu, and the offlcea of the Japan
ese Higher Wage association were entered
by officers armed wfth search warrants,
and letters, reports and other documents
Following the confiscation of the papers
and application for a writ of habeas cor
pus entered In behalf of Naklmo, Negoro
and Sogo, the three alleged leaders of the
sugar plantation strikes, who were taken
into custody yesterday was rejected by
Coasplracy Is Charged.
It Is claimed by the authorities that the
papers found indicate that a conspiracy
of a widespread nature has been formed
among the Japanese of the islands to wrest
control of affairs from the white residents
and conduct the internal government in
their own Interests.
The letters and reports found in the of
fice of the Higher Wage association which,
as Indicated by Its name, has the financial
betterment of the Japanese aa Its object,
are from members and agents of the asso
ciation In various parts of the inland. They
express the belief that the strike of the
Japanese plantation workers offers an op
portunity for the Japanese of the Islands,
by virtue of the numbers, to demonstrate
their) power to control the sugar industry,
and, through it, the general affairs of the
Islands. The determination to bo control, It
Is stated, is reiterated again and again In
An appeal to all Japanese, in the name
of their native country, to aid In this move
ment, is said to be conveyed In the letters.
The authorities are preparing , complete
translations of all the paper seized and
li Is stated that they will be used aa evi
dence In support of many charges of con
spiracy which It lx declared will1 result
from the disclosures.
Japanese Gather In Force.
While the court was deliberating upon
the first habeas corpus petition a crowd
of a thousand Japanese gathered about
the court house to await the outcome. The
gathering waa perfectly orderly In Its de
portment and vented its spirit In cheers
for the prisoner whenever they came In
A second petition has been filed by the
attorneys for the prisoners, but has not
been acted upon by the court.
The strike of the Japanese plantation
hands has been In progress for over a
month and is the most extensive walkout
ever known on the islands. Between 5,000
and 8,000 Japanese are Involved. Tho
strikers demand an Increase from 90 cents
to $1 a day for field laborers and a propor
tionate advanoe for mill hands and other
HALE FUNERAL NEXT MONDAY
Two iervleee Are to Be Held,
On Being; Restricted to
BOSTON, June 11. Funeral service for
Rev. Edward Everett Hal will be held
Sunday afternoon at the South Congre
gational church and also at the Park
Street church. The public will attend the
Park Street church services. At the South
Congregational church attendance will be
restricted to the Hale family. At South
church, the Rev. Edward Cummlngs, the
pastor will officiate, assisted by Rev.
James D Normandle of the First church
at Roxbury, one of Dr. Hale's oldest
friends. There will be no formal eulogy
on Sunday, but a public memorial meet
ing will be held later In Symphony hall.
' Wa Tina; Fang; at Psknamn.
PANAMA. June U.-Wu Ting Fang, Chi
nese minister at Washington, has reached
the isthmus from New York. He is on his
ay to Peru, to which country he Is also
accredited He has been given an enthusi
astic reception by his oountrymen in
Panama, and he has called upon President
Obaldla. Through the courtesy of Colonel
Uoeihals he will Inspect the canal.
is Total Wreck
stranded, la the most westerly of the
Axores group with dangerous and preci
pitous cliffs. Th foundering of a vessel
there can be easily Imagined, but by good
fortune the two other linera, the Princess
Irene and the Batavla, which left New
York on June S and June S respectively,
were close by and the laconic message of
Captain Peteraon would seem to Indicate
there waa no loss of life or Injury to any
one. The Slavonia Is a twin-screw steamship
of lO.ttts gross tonnage, is 510 feet long,
with a fifty foot beam and Is twenty-two
feet deep. It commander Is Captain
A. O. Dunning. The veseet la compara
tively new, having been built at Sunder
land. England, In IMS.
Today's aea accident served to Illus
trate the professional friendship betmeen
th North Oerman Lloyd and the Cunard
line and recalls an instance of a dosen or
fifteen years ago, when th Fulda of the
North German Lloyd stood by the Cunard
liner Oregon and saved all th passengers
From the Washington Evening Star,
COURT REBUKES MRS, GOULD
She Fails to Answer Questions to
Satisfaction of Judge,
SHE HAS OODLES OF JEWELRY
Names of Actor Dnstln Farnnm and
"Buffalo Bill" Cody Are Men.
tloned In Famous New York
NEW YORK, June U.-What appeared
to be haxy memory of Mrs. Katherlne
Clemmons Gould on this, the second day
of her testimony In cross-examination,
brought a rebuke from Supreme Court
JiiRtJo Dowllng, who 1' hearing her suit
for 'separation against her husband., How
ard Gould, second son of the late Jay
Gould. Another Interesting phase of the
case today was a tilt between Lawyers
Delancey Nlcoll for the defendant and
Clarene J. Shearn for Mrs. Gould.
"Please try to be polite," Mr. Shearn
cautioned Mr. Nlcoll when the latter
asked the witness a question sharply.
"Oh, I'm sick of trying to he polite. I've
been polite all day and Mrs. Gould won't
answer a straight question," retorted
"Yes, the witness has given Mr. Niooll
much unnecessary trouble," Justice Dow
Has Load of Jewelry.
The amounts of asorted Jewels, tailors',
costumers' and bootmakers' bills continued
to make the spectators admitted to the
court room gasp and stare. The articles
purchased Included the pearl rope which
the witness wore yesterday and today,
listed at $27,000; another pendant at $13,
300, a diamond chain at $22,000, a diamond
diadem at $24,000 and a sapphire ring at
16,000. Such little things as $500 worth of
silk stockings at a time or $1,S28 for shoes
were trivial by comparison. Flv tailored
made sulta were ordered at a cost of $5,tt07.
Bees use of the great crowd of curious
persons who gathered hoping to hear the
testimony the court officers resolved them
selves into a committee of selection to
weed out those who were not entitled to
enter. Men and women, old and young,
pressed around the entrance. But strict
discrimination was exorcised by the men
guarding the gate. Only such persona as
could give valid reasons for their presence
In the court room managed to get past the
Tbere wer bills, bills, billa, and then
more bllla; bills for finery and for neces
sities. Jewel, lingerie and gifts for serv
ants. Some of them Mrs. Gould could Iden
tify as hers; others she could not.
Without Provision at Time.
In striking contrast to this glitter of
luxuries was Mrs. Gould's testimony that
at times at Ca'tle Gould she was aotually
"You told Mr. Shearn that while you
(Continued on Sixth Page.)
the girl quit sud
denly, leaving you
without a cook or
a girl for general
housewo r k fret
ting over what you
arc going to do
asking all your friends if
they know of a good girl do
ing your own housework and
ruining your temper, your
husband taking his meala
How easy you can atop all this
and find the right kind of a girl by
Imply telephoning Douglas 338 and
putting- a want ad la The Be.
i Try it now.'
mm ft '
' i4f. -sfcga-s. . . -y j iiitnwryirLz if
Black Hand Hits
Lay in Wait
Chicago Woman Doctor Under Guard
is Attacked After Receiving
CHICAGO, June 11. Dr. Jennie A.
Beardsley, It waa leamea today. Is the
latest victim of an alleged "Black Hand"
plot In Chicago. An attempt was made
to slash her. as she answered a knock
at the back . door of her horn at
668 Peoria street, last night. Two detec
tives were hiding in th house to guard
the woman against Just such an attack.
I It was a brooch she wore that saved
her life. The assassin struck his blows and
escaped in the darkness before the detec
tives could reach the door.
Dr. Beardsley, who is a practicing physi
cian of middle age, received a letter sev
eral days ago threatening her life ff she
did not place $500 In a designated spot.
The letter, which she turned over to the
police, was signed with a rude imitation
of a black hand and a skull and crossbones.
The letter threatened the woman with
death In her own home If she did not
"get busy" with the money.
A detective accompanied her In her auto
mobile aa she made the rounds of visits to
her tenants and two others were concealed
in her home.
Dr. Beardsley expressed the opinion that
the weapon used was a raxor. Her assail
ant attempted to draw it across her throat,
but Instead drew It across a brooch which
she wore. She was not injured. Dr.
Beardsley was unable to give the police a
good description of th man who attacked
Faces a Strike
Controversy Between Texas Road and
Employes May End in a
TEXARKANA, Ark., June U.-X caTTfor
a general strike on the Gould system of
railways in the southwest Is believed not
an Improbable outcome of the meetings of
the general committees of the Brotherhood
of Locomotive Firemen and Englnemen in
session here discussing controversies be
tween the Texas A Pacific railway and
the employee organisation.
Timothy Shea, vice president of th or
ganization, who la presiding over the ses
sions, says efforts to adjust the several
disagreements. Involving a demand that a
discharged employ be reinstated and th
right of the organisation to represent Its
members in disputes be recognised, give
but small prospects for a settlement.
While declining to be quoted as the prob
ability of a general strike, Mr. Shea con
cludes a statement aa to the situation
with the declaration that "under the laws
of our organization we have the right to
Involve the entire system of railroads in
Balloon University City is
Declared Winner of Race
NEW TORK, Jun 11. The balloon Unl
veralty City of St. Louis, with John Berry
and John McCullough aboard. Is the win
ner of the national balloon contest.
Official reports from the contestants
were before the Aero Club of America to
day and showed that th University City
of Bt. Louis covered a distance of PJ miles,
landing alx mile south of Port Payne,
The balloon New York, manned by A.
Holland Forbes and Captain Harmon of
New York, was second in the distance con
test, landing two and a half miles south
of Corinth. Miss., covering a distance of
ibl miles. The New York will be awarded
the prize for the longest period in th air,
being In flight 15 hours and It minutes, un
less an unexpected protest la made.
The following statement wa made by an
official of the Aero club today:
"The 1'nlverstty City balloon wins lift
long distance contest. There in not now
TWO BODIES FOUND IN WELL
Iowa Breaking Contractors Are Mur
dered at Kadoka, S. D.
EMPLOYE UNDER SUSPICION
Sheriff Captured Mike Mnlone at
Colllnwood, Who Had Tried to
Sell Part of the
KADOKA, 8. D., June H.-The bodies of
two men were found In a well on the
Artl MoNally ranch, two miles north of
town thle morning. Mr. McNally had oc
casion to visit the well for water and made
the discovery. Th bodies proved to be
those of two men who had been running
a breaking outfit, J. Cooder of Rock
Valley, la., or Rock Rapids, la., and W. D.
Toney of 1617 Hamilton street, Sioux City,
la. They an! a man who went by the
name of Mike Malone shipped In a car
of horses and machinery from Chamber
lain on May 18 and started breaking a
few days later for Artie McNally on his
claims of town. Gooder and Toney seemed
to be partners and Malone was working
for them. Malone came to town on Thurs
day, May 27, and said he had bought
Gooder and Toney out for $9S0 and the
night before had taken them to Phillip.
After this time Malone seemed to have
plenty of money, while before this he had
been broke. After this Malone tried to
sell several of the horses and did dispose
of three or four head.
He afterwards left town with the horses
In hla possession. When the bodies were
discovered this morning, the city marshal
started In pursuit and captured him at
Cottonwood. The motive foranhe crime
was robbery as It is declared Gooder had
over $900 in his possession when he arrived
on the ranch.
Brokers Go Free
i on Fraud Charge
Detroit Men Accused of Swindling1
Are Dismissed by Justioe on
DETROIT, Mich, June ll.-Pollce Justice
Jeffries late today quashed the conspiracy
case against Louis H. Cone, managing
partner, end five employes of the broker
age firm of Cameron Currle and company,
whose $1,600,000 failure occurred last July.
The defendants were charged with de
frauding Cameron Currle of STjO.OOO by
using the firm's credit for personal
speculation. Mr. Currle said on the stand
that the alleged dealings of the employes
would not have been sufficient to wreck
th firm. He also assumed personal
responsibility for some of the uncollect
able large accounts carried on the firm's
There remain two Indictments against
Louis H. Case, individually, In which he is
charged with embessllng funds belonging
to patrons of Cameron Currle and com
pany. any question about that. The reports from
the contestants examined today showed
the University City wins th race from the
balloon New York by twenty-six and ono
half miles, but these figures might bo
slightly changed when the government'a
maps are examined.
"Those on board the balloon University
City report that they landed nine miles
south of th postofflc of Fort Payne,
Miss. We think that the landing waa
probably six miles south of the postofflce.
From Indianapolis to Fort Payne Is 27
miles and the six miles added makes the
University City's distance 882 miles.
"The balloon New York landed two and a
half miles south of Corinth, Miss., cover
ing a distance of 111 miles.
"The New York balloon will be given the
duration trophy, as it appears that the
Indiana was disqualified by touching the
ground In lowering a receptacle for water."
Railroad Must Pay Shipper $1,400
Within Thirty Days.
PUMPHREY CASE IS AFFIRMED
Life Sentence Against Man Who
Killed Chinaman Upheld.
RULING IN MILES WTLL CASE
Woodmen of the World Wins la
Bolt Bronaht by Mr. Mabel (tardea
to ReroTer Insurance
(From a Staff Correspondent)
LINCOLN. June 11. (Sperlal.)-The su
preme court holds constitutional the law
of 190R requiring railroads to carry l.vo
stock at not less than eighteen miles an
hour on main lines and twelve miles un
hour on branch lines between the Initial
point of receiving to the point of feeding
A Judgment for ll.tWfl In favor of Wilbur
L. Friend against the Burlington railroad
for delay In live stock shipment Is affirmed
by the court, providing the plaintiff fll-s
a remittitur of 240 In thirty days, each to
pay his own costs. The opinion of the
court was written by Judge Root, con
curred In by Judge Fawcett In a separata
opinion, and Judge Barnes dissenting.
The shipments in question were from
Burwell to South Omaha during July, Aug
ust, September and October, 1905. The de
lays complained of were from one to fifty
two hours. The penalty provided in th
law Is $10 per hour per car for each hour
consumed beyond the time limit, even If no
damages are caused by the delay.
The Judgment for $240 ordered remitted
was for delay In shipping one ear from
Burwell to South Omaha, the delay being
caused by stopping and feeding at Lin
coln. If the shipment had continued with
out delay the stock would have arrived
at South Omaha Sunday. Deducting the
delay at Lincoln, there wan a delay of
only one hour on the shipment. The court
gives the railroad company the benefit of
the statute relating to the running of trains
on Sunday and holds that the plaintiff was
not entitled to recover on this cause of no
tion. Judgment on all other causes of ac
tion Is affirmed.
Opinion of the Court.
The court finds that the defendant failed
to prove any affirmative defense save that
as to Its delay In feeding and caring for
stork and it did so In deference to tho
statute prohibiting the operation of trains
on Sunday. The defendant, having been
given the benefit of this defense, it la un
necessary to determine whether the statute
precluded any other defense.
The legislature may provide by general
law that a shipper of live stock may recover
liquidated damages from a public carrier.
The constitution does not prohibit the legis
lature from Increasing the common law
liabilities of common carriers, and courts
will not declare the statutea void on com
plaint of a carrier because In some hypo
thetical rase the law If applied might work
The Matute does not Interfere with or
regulate Interstate commerce. Where a de
lay occasioned by unolng stock to feed,
water and rest and to have continued the
shipment probably would have compelled
the carrier to have operated Its trains on
Sunday and have resulted In the delivery
of live stock on the Sabbath, a Judgment
based on said count will be reversed.
The court holds the statute does not
contravene the constitution of the state and
that it Is not repugnant to th fourteenth
amendment to the constitution of the Unite 1
States. The statute Is complete In itself
and though it may conflict somewhat with
other scrtlons of the statutes will not for
that reason be held void, aa th carrier act
must yield to the latter.
Judge Fawcett, In concurring, favora
actual damages as the measure of damages,
but to so hold the court would have to
overrule a number of former decisions. He
says there is nothing so conducive for the
well-being of the state aa a settled state
Jada-e Barnes Dissent.
Judge Barnes. In dissenting, says the
statute Is unconstitutional for several
reasons. He asserts that the opinion hold
ing the railroad company not liable for
delay which occurred on Sunday at feeding
yards Is an amendment to the law and
amounts to Judicial legislation. "When In
order to prevent law from being declared
unconstitutional," says Judge Barnes, "It
Is necessary to amend it by Judicial con
struction, It Is the duty of the court to
promptly declar it unconstitutional and
thus avoid usurping power." He believes
tho statute deprives carriers of property
without due process of law.
Pnmphrey Case Affirmed.
The supreme court has affirmed th deci
sion of the lower court in th case of
Charles Pumphrey, sent up from Douglas
county to serve a life sentence In the peni
tentiary for the n-urder of a Chinaman.
Among other teasens for a reversal of th
decision of the lower court the attorney
for Pumphrey argued that a Japanese wr
not qualified to take th oath and lrrf
The court held that an adult cltlzefe J
Jaian is competent to take an oath &Tj
testify. The litigant, th court said, mlh
have questlonrd the witness before he took
the oath to show his Incompetency, but
this had not been done. '
W. O. W. Wins Caae.
The Woodmen of the World won in th
cape brought by Mrs. Mabel Ogden on a
policy on the life of her husband. Charles
Ogden. It was shown In the trial in th
lower court that Ogden had Joined the
lodge In lt9 and died In 1904. He did not
pay the assessment against hla policy In
Iecember, 1903. The plaintiff insisted that
In the year 1903 Ogden had paid to the
lodge $12.60. which paid for five assess
ments, and that the sum was paid in De
cember. This she held reinstated him. The
company showed, however, that the amount
was paid In November and the deceased
had not paid the last assessment. The
lower cowt was affirmed.
Mllea Will Case Haling.
The supreme court overruled the motion
of the appellees in the case of Williams
against Miles to quash the bill of excep
tions. The court said the Judfea wer
(Continued on Fifth Pa-J
Powered by Open ONI