Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 12, 1909, NEWS SECTION, Image 1
The Omaha Daily Bee NEWS SECTION PAGE 1 TO i- WEATHER FORECAST. 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 LA FOLLETTB ONWARPATH Wisconsin Senator Burns Aldrich and it Called to Order for Hit Language. Scott's Bluff LABOR TROUBLE STIRS ISLANDS LIVE STOCK LAW DECLARED VALID Supreme Court Upholds Statute Re quiring Expeditious Handling of Animals in Transit. JUDGMENT AGAINST BURLINGTON People Stir Washington Interior Department Officials Roused by Resolutions Printed in A Honolulu Officers Raid J ' Newspaper Office ' v"" Letters and .V1 --tfliSfiaiiir V WOOL SCHEDULE CAUSES ROW BIO CONSPIRACY IS ALLEGED The Bee. (From a Staff Correspondent.) WASHINGTON. June 11 , Special Tele- Progressive Leader Denounce! Lead crship of Rhode Island Kan. CUMMINS WARNS LEADERS 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 Brine Brought. 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 to 31. 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 them. 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 valorem. "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 responsible." 1 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 under misapprehension. 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 the matter. 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 and alfalfa. 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, June IS. 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 Bench. 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 general. RYAN HEADS AMALGAMATED Succeeds Henry H. Roarers as Presi des!: of Bla- Cooper Company. NEW YORK. June 11 John D. Ryan waa Thursday elected president of the Amalga mated Copper company to succeed the late Henry H. Rogers. Cunard Liner Ashore and 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 line. 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, saying : 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 total wreck. 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 seised. 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 the courts. 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 these documents. 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 sight. 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 plantation employes. HALE FUNERAL NEXT MONDAY Two iervleee Are to Be Held, On Being; Restricted to Family. 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. Slavonia is 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 and crew- 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 Divorce Caae. 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 Niooll. "Yes, the witness has given Mr. Niooll much unnecessary trouble," Justice Dow llng Interposed. 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 doorkeepers. 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 without provision. "You told Mr. Shearn that while you (Continued on Sixth Page.) The "servant problem" having 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 down town. 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 While Detectives Lay in Wait Chicago Woman Doctor Under Guard is Attacked After Receiving Threatening Letters. 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 her. Gould System Faces a Strike Controversy Between Texas Road and Employes May End in a Walkout 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 that jurisdiction." 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, Misa. . 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 Outfit. 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 Examination. 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 books. 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 Husband's Death. (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 or destination. 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 a hardship. 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 of Hw. 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