The Omaha Daily Bee
TlIE OMAIIA DEE
la the most powerful business
getter In the veat, becaoee It soee
to the hornet of poor and rich.
WEATHER FORECAST.
For NhraV-Falr.
For loan Fslr.
For uralhrr report see, P 1
VOL. XXXIX NO. 23.
OMAIIA, TUESDAY MORNING, JULY 13, 1909-TEN PAGES.
SINGLE COPY TWO CENTS.
WILL REDUCE
EARNINGS TAX
Conferees, at Taft' Suggestion, Will
Cut it Down to One
Per Cent.
PRESIDENT IS TAXING HAND
Ii Advising with Committee in Final
Work on Tariff Bill.
HOUSE PASSES INCOME TAX
Only Fourteen Votet Cait Against
Proposed Amendment..
MUCH DEMOCRATIC ORATORY
i
Chairman Payne Predicts Its Adop
tion Would Make United States "a
Niitloa of Llnrs"- Work
ea Schedules.
.. A.SU1NGTON, D. C. July 12. At a
conference at the White Houae today It
was definitely decided .that the rate to be
levied under the new corporation tax shall
be reduced from S per cent to 1 per cent,
and that In redrafting the measure, now in
conference along with the tariff bill, to
meet various objections that have been
raised, due consideration shall be Riven to
the demands of the mutual life Insurance
companies, whose Incomes would be seri
ously affected by the tax In Its original
form. .
President Tart was the central figure In
a number of conferences today, and Is
living up to the prediction made many
weeks ago that. In the conference consid
eration of the tariff, he would actively
lend his Influence to bringing about a
conciliation of the differences between the
two houses.
Frcalde-t la Uopefal.
The president told several of his callers
today that he la finding the conferees
conciliatory and that he Is hopeful that
a satisfactory measure will be presented
to him for his signature. The conference
report should be available, according to
the president's Information, by the end
of next week.
As to the mutual Insurance companies.
It Is stated that the redrafted bill will
provide what portion of the Income may
be deducted before the tax on moneys
available for dividend la assessed. It will
be so arranged that the tax shall fall
upon stockholders profit. Allowances
will be made for annultlee and other long
term contracts which the companies have
outstanding. Senator Aldrlch, Attorney
General Wlckeraham, Senator Burrows,
Senator Smoot Representative Fordney
and Speaker Cannon were Among those
who discussed the tariff and the corpora
tlon tax with the president today.
The president made plain to hie visitors
todav hie position on a number of fea-
. twee .oCtW;1, esltlo-,
Friction Over Lead Beheonle.
Determined opposition was shown by the
house conferees today to the Increase from
l'A cents to i cents a pound which the
senate made on lead bullion. As a result
this schedule was held up, and conse
quently there has been no settlement of
the amendments to the chemical schedule,
such as paints, the basis of which Is lead.
This furnishes a good example of the man
ner In which the conferees have proceeded.
Boraclc. salicylic and oxalic acid, queb
raco, licorice and numerous other articles
over which there was a contest in the sen
ate are among the subjects that must be
taken up later. The paragraph relating
to electric light carbons threatened to give
the conferees trouble, and Its considered
tlon was postponed. The senate changed
the duties from ad valorem to specific, and
the house conferees contend that the rates
were thereby Increased. The same thing
Is true In regard to window glass, on which
the senate fixed a graduated tax, accord
ing to slses.
The more Important of the subjects
passed over In the metal schedule are
Iron ore, lead bullion and sine ore and
bullion. There are a large number of
amendments relating to finished products
of these ores that cannot be disposed of
until the main subjects are settled.
Iron ore was placed on the free list by
the house and made dutiable at 25 cent
a ton by the senate. The Dlngley rate
Is 40 cents a ton. The general Impression
Is that the senate will make a concession
to the house, and that as a compromise
the rate may be fixed at 10 or IS cent a
ton.
The house provisions for free hides.
struck out by the senate, and the exist
log rate of IS per cent ad valorem sub
stituted, and for SI lumber, which rate
vaa materially Increased In the senate,
will be the subjects of contests. It Is not
likely, however, that they will be reached
this week.
Doty on Cotton BagsTlnsT.
That cotton bagging, which was put on
the free list by the senate. Is not to re
main undutlable. was cne of the first pre
dictions made In regard to the proposed
- action of the conference committee on the
tariff bill. The house conferees contend
that a number of American manufacturers
of cotton bagging would be compelled to
shut down If that article should remain on
the free list, and It Is said the senate
conferees will not need much urging to
agree to return bagging to the dutiable
list.
Jute and Jute butts, from which cotton
bagging Is made, have been transferred to
.he dutiable list by the senate, but as jute
was en the free list in the Dlngley bill.
as well as the Payne bill, the duty prob
ably will be taken off in conference.
Another prediction made with regard to
the action of the conferees is that the duty
on coal, which is 60 cents In the senate bill,
as compared to CZ cents in the existing bill,
will be finally agreed on at 40 cents in
conference. The house placed bituminous
coai on the free list, bur when the bill was
about to be passed there was serious oppo
sition on account of the free provision for
coal, which depended on a reciprocal pro
vision to become effective. In order to
satisfy the desires of those who did not
want reciprocal free coal, the house leader
told there to have their request incor
Dorated In the senate bill, and it la no
believed 0 cents a ton will be agreed on
as a compromise.
IXCOMB TAX PASSED Br HOI'IE
Proposed Conetltntlenal Amendment
r- .- PmUest for BIsTaatare.
WASHINGTON. July 11 By the decisive
vote of OT to 11 more man tne necessary
Army Men at
King Ak-Sar-Bcn's
Opery House
General Morton, Colonel Gardner,
Colonel Glassford and Others
Guests of Honor.
Samson had as brave a band of harvest
bands as ever faced that merry right
hand bower to the king at the Den Monday
night, which was military night with Gen
eral Morton, Colonel Gardner and Colonel
Glanford and a large number of the army
folk present. The sand seemed hotter and
the letionade better and the crowd was
lar- and Grand Mufti Herring an
. that Ak-Sar-Ben now numbered
..' members . among his subjects,
w '-, . .j rain of 103 over last week and
14V " n belonged to the order a
yea, a .... .
Fro " ne . Conductor . Paffenrath
made i v- que entry to' the grand
finale th - V '-, nt with great eclat and
showed -Vv Improvement. The
"boys who 'r 'ork" are now onto
their Jobs, . J maxe the perform
ance go with . ..am so that by 10:30 last
night It was ail' out and over.
The grand mufti announced that a
bunch of Ak-Sar-Benltes were going to
Tekamah to see the races, which begin
Tuesday, and Invited all to Join In the
procession. New and novel features were
added. The comic menus went with such
peed that the salesmen had to have a
cashier with a cash register to record all
the yearly subscriptions which were taken
In.
Military night was a magnet to draw
one of the largest crowds which ever at
tended a performance at the den and
Paprika Schnltxel sang her little ditty to a
most appreciative audltnce. The only
trouble experienced during the evening was
when Big Jeffers of Dallas, S. D., sprung
the gang plank to the gallant ship which
bore the plratee.
General Charles F. Manderson welcomed
the military men In behalf of Kang Ak-
Sar-Ben, and added: "We owe much or
the protection we enjoy today in this sec
tion of the country to the gallant soldiers
who guarded our frontiers In days gone
by, and we have some of them here to
night These gentlemen were In the great
war and also did duty on the frontier.
We all are well aware of the great Ak-
Sar-Ben does for Omaha," said General
Charles Morton, commander of he depart
ment of Missouri. "And we all know what
a warm spot Omaha has In the hearts of
tile arm- people, many of whom have been
tatloned at one or the other of the two
posts near the city. Last year we did what
we could for Ak-Sar-Ben during tne ran
festivities, and this year we hope to do
even more."
Major McCarthy, quartermaster of the
department ef Missouri, was most enter
talnlng In a poem he recited.
Country Banker
Killed by Doctor
Man of Finance Object to Attentions
to His Wife and is Shot
Down.
KANKAKEE, 111.. July 12. J. B. Saylor.
vice-president of the First National Bank
of Crescent City, 111., was shot dead Bun-
day night by Dr. W. R. Millar. The shoot
ing was not made public until today.
Saylor, going home Sunday afternoon,
found Dr. Miller and Mrs. Saylor at the
house. Miller proposed a card game, but
Mr. Saylor became angry and referred
to Miller's attentions to Mrs. Saylor, which
he said had been too ardent tor two years.
Dr. Miller then drew an automatic pistol
and shot Saylor In the heart, through the
right lung and In each arm. Dr. Miller
then went home and to bed, where he was
arrested and taken to Jail.
Several days- ago Dr. Miller sent his
wife and family away. Colncldently, Mrs.
Saylor sent her 17-year old daughter on a
visit
HUNDREDS OF MINERS CAUGHT
Seventeen Dead Have Already Beea
Taken from the Spanish
Mine.
PARIS, July 11 A special dispatch re-
celved here from Lisbon reports a serious
VXUIOBIUM Ui ill ruauii in m WW mmo t
Beimel, Spain. Several hundred miners are
said to be entombed. Efforts at rescue are
being made and forty-two living and seven
teen dead have already been brought out.
NEW RECORD FOR COTTON
Market Toarhes Highest Polat
for
Season In New
York.
NEW YORK, N. Y.. July 11-Cotton es
tablished a new record for the season
today. The October contract sold for $13.70
and December for $12.74, a rise of 29 points
above Saturday's closing. The rise fol
lowed heavy buying Inspired by the con
tinued dry hot weather In Texas.
Maybray Miker
Trapped After Long Chase
William Scott, one of the Maybray crowd
of "Mike" workers, was placed In the
Douglas county jail yesterday by United
States Deputy Marshal Claude Ilensel of
Lincoln.
Scott was caught as a fugitive from jus
tice at Falls City, was arraigned before
United Statea Commissioner Marlay at
Lincoln, and In default of Si.000. bail, was
brought to Omaha for safekeeping.
gcolt was arrested In Kansas several
weeks ago upon Information sworn out by
Postofflce Inspector Swenson as being Im
plicated In the Maybray swindles, growing
out of a deal with Henry Biogsdall, who
was swindled out of $3,000 by the gang.
Stogsdall did not relish the swindle, part
of the sum being borrowed money, and he
entered a first-class kick. He succeeded
In getting on tbe trail of Scott and cor
nered him. Stogsdall demanded the return
of his lost money and 8coa declared that
It bad been turned over to Maybray and
his crowd, and as a compromise he sug
gested that Stogsdall might get even by
assisting blm In roping some other victim
Into the game, providing he would keep
mum about the matter.
Stogsdall entered Into the agreement but
SAILORS DIE IN
SINKING VESSEL
Fourteen Perish in Collision Between
Steel Steamers on Lake
Superior.
AT BOTTOM IN THREE MINUTES
Isaac M. Scott Crashes Into Side of
John B. Cowle.
ACCIDENT DUE TO HEAVY FOG
Many Members of Crew Unable to
Save Their Lives.
SOME OF THEM PICKED UP
Boat Which Cnnsed Accident Is New
One and Was Making; Its
Maiden Trip on
Lakes.
SACLT STE MARIE. Mich., July 11
Three minutes after the steel steamers
Tc M Beott and John B. Cowle had
collided In Lake Superior early this morn
Ing. about a mile- and a half off White-
fish point lighthouse, the Cowle had gone
to the bottom In fifty fathoms or water,
carrying with It fourteen members of Its
crew. The Scott although badly damaged
about the bows, put back to this port where
It arrived this afternoon with part of the
crew of the Cowle.
A heavy fog was responsible for the
collision. The Scott new boat on lie
maiden trip to the head of the lakes, had
Just passed the light at Whlteflsh point
and straightened out Us course up the
lake, when suddenly the John B. Cowle
loomed up through the fog, broadside on
to the Scott end only a few feet away,
The Cowles was downbound with 8,000
tons of iron ore In the hold.
Cats Enormous Hole.
The ships were so close that it wn !m
possibly to avoid a collision and the
Scott crashed into the side of the heavily
laden Cowle. For 15 feet the bow or the
Scott penetrated the side of the Cowle.
Tons of water rushed Into the great open
ing and In three minutes the Cowle settled
to the bottom of Lake Superior.
Immediately after the collision a line
was thrown from the deck of the Scott
to the forward deck of the Cowle, and
three members of the crew escaped to the
deck of the upbound boat by this means.
The rest of the crew who were saved
Jumped from the stnklng steamer Into the
lake, some without life preservere, and
were picked up by the Scott and the
steamer Goodyear, which was a short dis
tance astern of the Scott when the col
lision occurred. Captain Rogers of the
Cowles waa one of those who were rescued
by the Goodyear, and he was taken on up
the lake by that steamer. It Is expected,
however, that he will transfer to a down
ward boat and probably arrive at this
port thai evening -or tomorrow.
Karnes, of Victims ' Unknown.
Until Captain- Rogers) return here
Is Impossible to secure the names of the
men who perished with the Cowles. Bur
vlvors say that they Include both engln
eers, the four firemen, four deck hands, the
second cook, porter and an oiler named
Patten.
Captain McArthur of the Soott declares
that the first Intimation he had of tbe
Cowle's presence was when the great hull
loomed up through the fog so close to
the bow of his ship that It was Impossible
to prevent the two steamer coming to
gether. The John B. Cowlea was 446 feet
long, 50 feet beam and owned by the
Cowles Transit Co. of Cleveland. The
Cowle went Into commission In 1902.
Peru and Bolivia
May Go to War
Boundary Dispute Between the Two
Countries is Likely to Lead
to Hostilities.
VALPARAISO. Chile, JUiy 11 It Is be
lieved here war between Peru and TSolivla
In Imminent because of the disorders a
I foiiowlna- the decision handed
down by Argentina In the boundary
dispute between the two countries.
The Chilean admiralty said today that
Chile would remain neutral, but it is pre
paring to send warships for the protection
of Chilean interests.
BUENOS AY RES, July 11 -The Argen
tine government Is In direct communication
with the government of Bolivia through
Senor Fonseca, the Argentine minister at
La Pas. who has presented to the Bolivian
government a demand for an explanation
of the attitude of the Bolivian minister
here as well as for the recent attacks on
the Argentine legation at La Pas. Senor
Fonseca has informed the Bolivian govern
ment that he will withdraw from La Pas
If the situation doe not Improve. '
is Neatly
with the ostensible purpose of landing Mr,
Scott when the opportunity presented It
self. The opportunity came, and Stogsdall
lost no time. The result was the arrest pf
Scott In Kansas and hla commitment for
using the United Statea malls for fraudu
lent purposes. Scott succeeded In escapln
from the custody of the sheriff of the
Kansas county In which he was arrested,
But Stogsdall kept busy, a did Postofflce
Inspector Swenson, which finally resulted
In the1 apprehension of Scott at Falls City
last week.
When arraigned before Commissioner
Marlay at Lincoln, Scott entered a plea of
not guilty and waived examination, HI
brother, Frank Scott of Omaha, appeared
to go on his bond, but the sureties were
not regarded as sufficient and the accused
man will remain In Jail in Omaha until
tbe federal grand Jury at Omaha can In
quire Into the matter.
Scott maintains that he, too, was a vie.
tim of the Maybray gang, and that
was simply trying to procure additional
evidence against Maybray and his crow
of swindlers. But Mr. Stogsdall doe not
subscribe to the proposition at all.
From the Philadelphia Inquirer.
AFTER THE SMALL PACKERS
Government Inspectors Make Unfa
vorable Report of Their Houses.
INSIST ON SANITARY PLANTS
City Council Talks Ordinance and In
dependents Ask and May Get
Free Inspection ft They
Keep Clean.
Inspection of meat furnished by indepen
dent packers In South Omaha for Omaha
consumption occupied the attention of the
council committee of the whole several
hours Monday afternoon and culminated
n a motion by Councilman Davis that an
ordinance be drawn up requiting Inspec
tion of aH meat e-r vn city, .
Dr. R, W. Conn ell,' tycommiasloimr of
health, - and four-' government .inspectors
from South Omaha explained to the coun
cil In detail the character of beef slaugh
tered by the independent packers and sold
by them to Omaha meat markets, and the
Independent packers were out in force to
defend their side of the question. The
packers dented that they deal In diseased
meat, and said they were willing to have
their places Inspected, but object . to pay
ing for that Inspection. The health com
missioner declared they ought to pay the
prtce or else make their plants sanitary
and then ask the government for the free
Inspection furnished by it to the large
packing houses doing an Interstate busi
ness. Dr. W. N. Neal, at the head of the gov
ernment's Inspection bureau at South
Omaha, said he would recommend to the
authorities at Washington that free in
spection be given the Independent pack
ers If they would make their plants sani
tary. Inspectors Talk Plainly.
Dr. Neal has been In charge at South
Omaha only a few days, but Dr. J. C.
Mattatal of St Louis, traveling -Inspector,
having jurisdiction over Missouri river
packing houses, and Dr. A. W. Miller and
Dr. J. S. Beattle, stationed at South
Omaha, were not chary In their descrip
tion of conditions in the packing town in
replying to questions propounded by Dr.
Connell. They said that cattle tagged as
being unfit for human consumption and
which would be thrown into the tallow
tanks If slaughtered by the big packers
were bought by the Independent packers
and slaughtered for food. They said that
to their personal knowledge Independent
packers had on numerous occasions bought
and slaughtered for food calves born In
the stock yards. These calves they had
carried out of the yards on their backs,
as the calves were too young and weak to
walk.
The government Inspectors have no jur
isdiction over cattle not slaughtered In the
large packing houses, and stock marked
for condemnation and refused by the large
packers can be bought by independents.
the condemnation tags being removed
when they leave the yard.
Harry Fischer was the spokesman for
the Independent packers and said that If
the proposed ordinance requiring inspec
tion of all cattle was passed that It would
mean that meat prices would be higher.
The pulling power
of a want ad de
pends as much on
the way it is writ
ten as the big dis
play ad.
You must tell enough to the
reader so he will want what
you have to offer whether it
is a home for sale or a posi
tion. Make it as attractive
as the facts warrant. Most
everyone reads the want ads
every ' day, so it depends
largely on what you say and
how you 6ay it.
Have you read the want d yet
today?
THRIFT NOT TO BE TAXED
Suffragettes Go to
Jail for Throwing
Stones During Raid
Convicted Women Address Court,
Saying: Their Offense is Political
and Blaming Authorities.
LONDON, July 11-Flfteen of the suf
ragettes who In the course of the raid on
tbe House of Commons June 29, Indulged
In the breaking of windows wtlh stones
hidden in paper parcels went to prison
for a month today rather than pay th
fines inflicted by Sir Albert De Reutsen,
the Bow street i magistrate.
Sir Albert s.. co mnMied sevnatx. a she
lamentable -spectacle of respectable women
being connected with hoodlums. The suf
ragettes, most of whom made short
speeches, claimed that their offenses were
purely political. The course of Premier
Asqultn in refusing to receive their peti
tion, they said, bad made militant action
necessary and if the women were in tbe
wrong. Home Secretary Gladstone, War
Secretary Haldane and John Burns, presi
dent of the local government board, who
had Incited them by taunting them with
the statement that they were using only
"pin prick methods," ought to be beside
them In the dock.
The four suffragettes who last Saturday
presented a petttlon to Premier Asqulth,
after which they were arrested and
charged at the police court with disorderly
conduct, today refused to give undertak
ings for their good behavior. They de
clined to pay the fine imposed and were
sentenced each to three weeks Imprison
ment College Farmers
Found Murdered
Bodies of Two Boys, Evidently East
ern Harvest Hands, Near
Railroad Track.
HERINGTON, Kan.. July 11 The bodlee
of two young men, believed to have been
eastern college students who came west
to work In the harvest fields, were found
beside the railroad tracks near Ramona,
west of here, early today. The men are
believed to have been murdered and their
bodies placed on the track. There waa
nothing by which they could be Identified.
FELL ASLEEP ON TRACK
Man Near Fort Dodge la Horribly
Mangled by aa Internr
baa Car.
FORT DO DOB, July 11 (Special Tele
gram.) Perer Olson, aged 69, was killed by
an Interurban freight car on the Fort
Dodge, Des Moines ac Southern south of
Sioux City today. His body was horribly
mutilated and Internal organs were found
for 200 feet along the, track. Motorman
Latham saw the man asleep on tbe track,
but too late to avoid the tragedy. Olson
waa a Scandinavian and a bachelor. He
had resided here about thirty year.
Teddy After Specimens of
Rare Digdig and Gaboon
NAIVASHA, British East Africa, July
11 The Roosevelt expedition, which has
been hunting for the last five weeks in the
Sotlk district arrived this morning at the
farm of Captain Richard Attenborough, on
the south shore of Lake Nalvasha.
K. J. Cunlnghama, tbe general manager
of the expedition, came to Captain Atten
borough's last night In advance of the
others and left at daybreak this morning
to meet Mr. Roosevelt and guide blm to
the farm. Mr. Cunlnghame bad a hard
trip and on the last day of his journey
his porters were without food or wator.
Mr. Roosevelt and his son Kermlt will re
main at Captain Attenborough' only long
enough to bag three hippopotami a bull, a
BIG WIND WIDE IN EXTENT
Covers Country from Mississippi River
East to Ohio.
SMALL TOWN IS RIPPED UP
Onlo Twister Hurts Twenty People
Wires Down or Crippled All
Over Middle West Ckt
easjo Is Encircled.
ST. LOtlS. Mo., July 11 A series of
twisting windstorm of cyclonic propor
tlon truck St. Loul and vicinity today,
causing considerable property damage. In
juring a few persona and imperiling the
live of too passenger on the excursion
steamer Alton In the Mississippi river.
Tbe heaviest atorro was at Alton,
III. and It was there that the passenger
steamer was buffeted by tha wind. Find
Ing that his boat could not make headway
towards the regular wharf, the captain
headed It across the river In an attempt to
effect a landing on the Missouri side.
The maneuver was Interrupted by
shift of the wind, which teased the big
boat back to midstream and threw the
passenger Into a panic. Rushing for she!
ter from the wind, they eaused the vessel
to careen until the port paddlewheel was
lifted clear of the water. This made steer
ing Impossible, and the boat waa jammed
broadside Into the pier of a drawbridge.
Part of the upper works were torn away,
but the wind held the vessel firmly against
the bridge until the passenger were
ashore.
Hick Damage at Alton.
House were unroofed, tree blown down,
4Tlas shattered and other damage done
In Alton, three person being cut by flying
debris.
At Venice, III., the wind drove waves
from the Mississippi river through th
levee, and thousands of acres were Inun
dated.
In St. Louis the wind tore down unfln
Ished frame buildings and chimneys,
snapped trolley wires, put telephones and
telegraph lines out of commission and
damaged other property.
Extent of tke (term,
CHICAOO. July 11 The storm of wind
and rain which ha been ao severe In the
Missouri Valley has swept around until
It encircle Chicago, according to report
received by the telegraph companle whose
wire are In bad shape. Wires are down In
every direction from here and those re
malnlng are said to be working badly to
night
Wires are down or In trouble In Iowa,
Missouri, Indiana and northern Ohio.
The storm extends from Louisville to
Minneapolis and from Kansas City and
Dubuque to Cleveland. It is reported to
be working eastward.
DANVILLE. 111.. July 11 A tornado
struck Ftthlan, near here, today, wrecking
a number of stores and damaging a large
elevator there and also the subpower
station on the Illinois Traction system.
So far as is known few persons were
hurt
Two Men Killed.
PEORIA. July 11 A special from
Havana. III., says that during the storm
shortly after noon today lightning struck
a tree on the farm of Will Straube, five
and a half miles northeast of Havana,
Instantly killing Mr. Strube and hla hired
hand, named Roberts.
cow and a calf specimen of the rare
digdig antelope, a bushbuca and a gaboon.
They will then move on to the ranch
Lord Delamere, one of the game wardens
of British East Africa, to hunt with him
for ten days at NJoro. The other members
of the party will stay at camp at Captal
Attenborough . The captain is at presen
in Nalvasha engaged In securing and ship
ping out supplies for the expedition.
Major E. A. Meams, a member of the
Roosevelt party, rode forty miles recent!
to give medical attention to three natives
belonging to an expedition under O.
Chapman, who had been severely mauled by
a Hon. In spite of bis efforts, two of the
NONPARTISAN
LAW SET ASIDE
Supreme Court Holds that Nonpar
tisan Act is Unconstitutional
and Void.
CONTRARY TO BILL OF RIGHTS
Prohibits Freedom of Criticism of
Public Servants.
COURT IS NOT UNANIMOUS
One Member Holds that Statute Would
Fail Without This Defect.
RAQAN'S NAME GOES ON BALLOT
Decision Will Have Effect of Cansln.
Nomination of Candidates by Po
litical Parties at Primary
Election.
(From a Staff Correspondent.)
LINCOLN. July 12.-(SpeclaI Telegram.)-
The nonpartisan judiciary law enacted by
tbe recent legislature was declared void
and unconstitutional by the supreme court
this afternoon. The judgment of District
Judge K. Cornish of Lancaster county waa
affirmed and a writ of mandamus will
Issue to compel Secretary of State Junkln
to place the name of John M. Ragan of
Hastings on the primary ballot a a candi
date for the republican nomination for
upreme Judge. The nonpartisan Judiciary
act prohibited the nomination of party
candidates for the Judiciary or for state
or county superintendents, but held candi
dates for these poamons should go on the
ticket this fall at the general eleotlon by
petition.
The original bill was drafted by M. F.
Harrington, but was materially amended
by the legislature. As a result of the de
cision candidates will be nominated at a
primary election held on tbe last Tuesday
In August
Memorandum of Conrt.
The court handed down the following
memorandum:
'The members of the court were of the
opinion that the provisions of the act under
consideration prohibiting political parties
from In any manner whatsoever endorsing,
recommending, censuring, criticising or re
ferring to any candidate for the office of
chief justice of the supreme court Judge
of the supreme court judge of the district
oourt, county Judge, regent of the state
university, superintendent of public In
struction or county superintendent of pub
lic Instruction, are void, being In conflict
with and repugnant to section C of article
1 of the constitution, being the bill of
rights, which provides:
'Every person may freely, speak, write
and publish on all subjects, being respon
sible for the abuse of that liberty.'
And also section U of article I of the
constitution, which provides: "The right
of the people, peaceably to assemble, to
consult for the common good and to peti
tion the government or eej aapartesent
tliureuf, nh.J hv,'r be abridged."
Conrt Not Vnanlmoaa.
One member waa of the opinion, however,
that these provisions of the act were not
property before the court for It consider
ation, and not necessary for a determina
tion of this case. Four member of the
court were of the opinion that the act
might be sustained If the foregoing were
the only defect therein. Five members of
the court were of the opinion that so much
of the act under consideration as phohlb'
lted more than 500 elector of any one
county signing the petition of any candi
date for the office of chief justice or
Judge of the supreme court wa void, being
repugnant to section 22, article I, of the
bill of rights, which provide:
All election shall be free; and there
shall be no hindrance or impediment to
the right of a qualified voter to exercise
the elective franchise."
Four members of the court were ef the
opinion that the aforesaid limitation formed
an Inducement to the passage of the act
and that the entire act must fall.
One of the members, not concurring in
the judgment 1 of the opinion that the
aforesaid limitation 1 void, but that with
uch limitation srlktn ou the aot can
still be sustained.
The remaining member of the court did
not consider such limitation void, but
maintained that the act 1 valid.
The majority of the court holding that
the act 1 void, he Judgmen of the dis
trict is affirmed.
Reese, C. J., absent and not sitting.
Again Leon Ling
is About to Be
Nabbed by Police
This Time Sigel Murderer is Said to
Be Hiding in Vienna Chines.
Quarter.
VIENNA, July 12. A telegram received
here today from Budapest declare that
Leon Ling, tha Chinese murderer of Elsie
Btgel of New York. 1 in that city.
The communication say the Budapest
police received an anonymous communica
tion that Ling was staying with a Chines
family and they at once began a search
of the Chinese quarter for him.
Five Hundred Feet
Above Broadway
Young1 Aeronaut Drives Dirifrible
Over Principal Streets of
New York.
NEW YORK, July 11-Crowda alon
Broadway were Interested spectators today
of a flight by Frank W. Ooodall, a young
aeronaut, who drove his dirigible balloon
high above that thoroughfare from 118th
to Forty-second streets. He rose 1,000 feet
to avoid the effect of the cool air above
the river, then swooped down until he wa
about 600 feet over Broadway. After
reaching Long Acre square he returned,
feeling that his gusollne would not carry
him further. The trip lasted 60 minutes.
Alleged ftwindler Arrested.
IOWA CITY, la.. July . John Bauer,
accused of swindling the Iowa City State
bank out of I6O0, has been arrested at
Rock Island, I1L He la wanted In mtif
cities. He will plead guilty bar.
IConUnued on Page Two.)
