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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 17, 1909)
Fhe Omaha Sunday Bee.
For Ntntftlm Shower.
For low Shower.
For weather report see p. 3.
PAGES 1 TO I.
VOI XXXIX NO. 18.
OMAHA, SUNDAY MORNING, OCTOBER 17, 1P09-SIX SECTIONS FORTY PAGES.
SINGLE COPY FIVE CENTS.
BI JUDGE CeV0R
LAW KNOCKED OUT
Federal Court Says Bill Enacted bj
the Last Democratic Legis
lature is Void.
VANDEVENTKR AND MUTJGER SIT
ei executives of United Statei and
Mexico Clasp Hands at El
New Mexican Speakers Regard State
hood Myth and President Dis
abuses Their Mind.
MILITARY POMP AND CEREMONY
Flare of Trumpets and Boom of
Cannon Announce Event to People.
DIAZ THE FIRST MAN TO SPEAK
Interpreter Exchanges Messages Be
tween National Leaders.
SINGLE TRAGEDY MARS THE DAY
! Croh to eo Sight Two Bora Art!
Involved In Flht and One
Slay the Other with
EL. PASO. Tex., Oct. 1.-The long
expected meeting between President Taft of
the United State and Prenldent Dtaa of
the Republic of Mexico occurred here today.
Outwardly It wa attended with a display
of soldiery, a blare of trumpets, a boom
of cannon and a pomp of ceremony sugges
tive of supreme authority, but In the actual
hand clasp of the two executives and In
the exchange of courteous words which
paused from lip to lip. there waa simple
but cordial Informality.
President DIM waa the first to speak.
He assured President Taft of his warm
personal regard and bis high , esteem of
the man who had accomplished so much
In the Philippines. In Cuba, and elsewhere
and who had now the honor to be the chief
executive of so great a nation as the United
8tatiL President Taft, In simple Ameri
can 'amnion, declared h was glad to meet
PrcYdent Dial. He was glad to know the
president of such a great nation; especially
glad to know the present president who
had made the nation great.
Both presidents dwelt upon the cordiality
of the relations existing between the United
States and Mexico. President Taft declared
that today's meeting was not necessary to
make stronger the bonds of friendship; It
merely typified the strength of the bonds
as they already exist.
Few Persons Witness Meeting-.
There were less than a score of persons
permitted to witness the meeting of the
two executives. Even these were ex
cluded later when President Taft and
President Dlaa withdrew Into an Inner
room of the Chamber of Commerce build
ing where the historic meeting occurred
and were only attended by Governor
Creel of the state of Chihuahua, former
ambassador to the United States, who
acted as Interpreter.
The scene of the day's . cerenronles
hlfted from time to time from this thriv
ing little American city, across the shal
low.' wandering Rio . Grande river to the
typical )lttle Mexlve.it settlement of Clu
In the customs 'house there. President
bias received a return call from President
Taft and again late this evening enter
talned the American president at a large
dinner party at a slate banquet whtuh, in
all Us surroundings of lavish decorations
of brilliancy in color, of wealth of sil
ver handed down from the time of the
Emperor Maximilian, and In every care-
fully considered detail, probably waa the
most notable feast ever served on the
It was at the banquet tonight that the
more formal and public expressions of
regard between the two executlvea as the
representatives of the people of the
United States and of Mexico, were ex
changed. The banquet also marked the
end of the day of International pageantry,
a day of cloudless skies.
One Traced y Mara Dar.
The day was marred by but one un
toward Incident. A lad of U years waa
stabbed to death by a school companion
Just as President Taft waa stepping from
his special train upon Its arrival in the
center of the city at :30 o'clock this morn
ing. The boys were In the crush of people
gathered In the plasa and In pushing for
4 to cat oh a glimpse of the president
became Involved In a fight. Noll Morgan,
14 years of age. pulled a knife, and before
bystanders could realise what waa happen
In. Lawrence Wlmber, 1$ years old. was
lying mortally wounded at their feet, a
red flow from his heart marking the ebb
tide of his life. Before an ambulance could
reach the scene the boy was dead.
' The crowd about the place waa so great
that even the wagon from the morgue
could not make Us way through and dur
ing most of the time President Taft was
at breakfast the body lay on the pavement
not forty feet away. Soma thoughtful per
son finally tore down two American flags
from the decorations about the plasa and
spread ' them over the dead boy's form.
Morgan was arrested and Is held In the
county jail tonight. He la utterly crushed
and a heartbroken boy.
An Interesting incident of the day was
th declaration of neutrality over the El
tlhamiial territory, a part of the ciiv
n Paso over which Mexico la contending
lor territory, in .i Chamiial territory
was formed when the Klo Grande river
took one of Its periodical spells of con
trariness and changed Its course a mile
or two to the westward.
Interesting; Disant Arises.
The contention of the American authori
ties Is that this chance was gradual and
waa due to natural accretion from the
American aide. The Mexican authorities
contended that the change mas due to an
avulsion, ur sudden change of course, and
that the United States gained no addi
tional territory by the shifting of the
natural boundary line. The matter still
Is In dispute. It was agreed between the
governments of Mexico and of the United
States today that this territory, which lies
on this side of the International bridge,
should be regarded as neutral and that
neither the American nor the Mexican flag
should anywhere be displayed thereupon.
As President Dial made his way through
the Chanilral this morning to visit Presi
dent Taft the roadway was lined with
Amtrloan troops. As President Taft passed
over the disputed ground to return the call
i the way was lined with Mion soldlera.
The day's ceremonies began this morning
when President I Mai. n a elate carriage
with gold hubs, gold n ounled doors, black
horses and gay cockades, crossed the Inter
national bridge with aa escort of soldiers
The main body of Mexican troops were
'left bohlnd at the bridge entrance. The
Dial carriage was driven at a amart pare
at the, boundry by the American troops
(.Continued on Third Page.)
ALBUQUERQUE. Oct. 16-In the closing
minutes of the banquet, which was ten
dered to Mm here last night. President
Taft took occasslon to rebuke some local
speakers who had made some rather testy
remarks on the subject of statehood.
They had expressel some doubt if the
republican party really was going to grant
statehood to New Mexico and Arlsona.
despite the earnest declarations the presi
dent had made on that subject.
They had argued and harangued for two
hours, while the president sat patiently
listening. Then he arose and declared
that he waa like a Judge he once knew
who. at the end of a long argument by
I'Mr. Wolfe, In spite of your argument,
I km still with you."
'The gentleman across the table used
the term 'possible' as If he still suspects
my sincerity and good will. Well, of
course, a man cannot do any more than
he promises and then try to carry It out. I
do think that you may have had In times
past reason to complain because of prom
Isea made that were not fulfilled. I do not
know. I am not sufficiently versed In the
history and therefore perhaps you have a
right to distrust me; but heretofore I
have tried to tell the truth, tried to carry
out such promises as I have made."
to Get Farm
One Person in Seven Slated to Draw
One in Dakota at Present Rate
ABERDEEN, S. D., Oct 11 (Special.)
From present Indications the winner of a
lucky number In the Cheyenne River and
Standing Rock reservations will have
about one chance In seven to draw a home
Stead. This Is the lowest proportion since
the lottery system of giving away public
lands was devised. At the Spokane draw
Ing nearly 100,000 people registered for 100
quarter sections. If the present ratio Is
maintained about 75.000 people will register
at all points for the 10.000 or more home
steads to be disposed of on the two reser
vations In the Dakota.
Judge Wltten yesterday finally decided to
hold the drawing In the Gottschalk audi
torium. A huge platform will be erected
In the building, upon which all the en
velopes containing the names of those who
have registered will be deposited and
thoroughly stirred up. Then the little girls
chosen for the purpose . will begin the
work .of selecting the winners, the first
name drawn from the heap vof envelopes
being entitled to first choice In the draw
Request of American Society to Ex
amine Cook Data May Be
COPENHAGEN, Oct. 11 Local sentiment
may be summed up as averse to granting
the request of the National Geographic
society of the United States that the Uni
versity of Copenhagen waive Its claim to
the first examination of Dr. Cook's North
Prof. Torp, rector of the University of
Copenhagen, personally, appears disinclined
to the America' view. A consistory will
discuss the matter Wednesday next.
SULTAN SAID TO HAVE
SOLD RIFF MINES
Report of German fsreksu Which
Woald Make Serious Complica
tion In Morocco.
PARIS, Oct. IS. The Matin' corres
pondent at Oran, Algeria, telegraphs that
Mulal Hafld, the sultan of Morocco, has
sold the Klff mines, which were the cause
of the trouble between Spain and the
Moors on the Rlfflan coast, to a German
The correspondent explains that such
a transaction was not perfectly feasible,
as the Spanish held the mines by reason
of a payment of 115.000 to Roghl, the
pretender, who was recently put to death
by the aultan. Should the fact of the
sale be confirmed consequences of the
gravest character would appear Inevitable.
FERRIER TRIES TO END LIFE
Domes! le Tronblea following; Injnry
to Wyomlngr Ranchman May
Reanlt in Denth.
SHERIDAN. Wyo.. Oct. 11 (Special Tel
egram.) Later developments In the shoot
ing affair on the F. F. ranch, twelve mile
west of Sheridan, Thursday night, tend
to confirm early reports. Andrew Ter
rier, a prominent Scotchman, : while men
tally unbalanced, attempted suicide. Fer
rler still Is In a critical condition at the
State hospital here and may not survive.
With a bullet In his brain he Is uncon
scious most of the time, but at Irregular
Intervals he, appears rational. So far he
has nt mentioned the shooting.
Ferrler returned unexpectedly from
Scotland, arriving In Sheridan Thursday
afternoon. He went direct to his former
ranch home, near Beckton. and for sev
eral hours that evening discussed family
affairs with his wife and her son, W. L.
Flanagan. While he talked coherently.
Ferrler hid a peculiar look In his eyes
and his wife feared he might do harm.
Mrs. Ferrler told her husband she did not
want to live with him longer and he ap
peared to be reconciled to the situation.
Ferrler decided to return to Sheridan
and a rig was being hitched up to bring
him to the city when, outside the house,
ha pulled a SZ-caJIber revolver and shot
himself, the - bullet penetrating his fore
head. Sheriff Beneflel. after a searching In
vestigation, was convinced of the attempted
suicide theory. Only recently Ferrler was
released from a sanitarium in Scotland,
where he was placed by his wife three
months ago. In June he waa thrown from
a horse and sustained a fractured skull,
leaving him In a mental condition his wife
feared would terminate In Insanity. Fer
rler Is said to have wealthy relatives In
o Pon Editor.
DOES i,UT ANSWER CHARGES
Stamps Recent Statements as Bellow
ings and Lies.
BANNARD ATTACKS TAMMANY
Says His Forces Are Destructive and
that Hall Rnle is Crashed.
rVTNS ALSO ISSUES STATEMENT
Denies Acting- a Emissary of Richard
Croker to Henry Georg and Offer
Ing: Money' to Brine A boat
NEW YORK, Oct. 16 Wl..lam J. Oaynor.
democratic nominee for mayor of New
Tork, spoke In Brooklyn tonight, dividing
his time between heaping ridicule upon
William Randolph Hearst, his independent
opponent, and touching upon municipal
Issues. Otto T. Bannard. the republican
nominee, delivered a series of addresses' In
New York proper. He avoided personalities
and confined himself to a general attack
on Tammany hall and an outline of what
he expect to do If elected. Hearst did not
Gaynor'a references to Hearst were along
lines he has touched upon before, namely,
the editor's attempt to obtain the presiden
tial nomination, his race for governor of
this state with Tammany's endorsement
and the conduct of his newspapers. As
In his former speeches the Judge did not
attempt to answer the charges that have
been made against him. stamping them as
bellowing and lie that did not deserve
In his speech Mr. Bannard said: "Al
ready we are closing In upon the enemy
with unbroken front, while another army
simultaneously performs a flanking move
ment most destructive. As surely as I
stand before you, Tammany hall Is
William H. Ivlns. who ran for mayor
against Hearst' and McClellan four year
ago on the republican ticket, but who la
now supporting Hearst, Issued a statement
tonlxht denying that he acted as an
emissary from Richard Croker. former
leader of Tammany hall, to Henry George.
In George's first campaign for mayor of
this city, offering Mr. George 125.000 to
withdraw from the campaign.
Francis Lynde Stetson, at one time a
law partner of Grover Cleveland, Issued
a statement tonight In support of Ban
nard' candidacy, but at the same time
pralelng Hearst and critlcixlng Gaynor.
"In the controversy between Mr. Hearst
and Judge Oaynor."- he said, "the editor
appear to be at a great advantage ver
the Judge. The charges of Mr. Ivlns
against Judge. Gaynor - wou4 . asau redly
never have been ' mad by so responsible
a man a Mr. Ivlns against so prominent
a man as Mr. Gaynor, if Mr. Ivlns had not
conclusive' evidence as to the truth of hi
Dr. G. A. Fritch
Detroit Physician Held on Charge of
Manslaughter in Connection with
Death of Miss Millman.
DETROIT, Oct. IS: A warrant was
taaued today charging. Dr. George A.
Fritch with manalaughter In connection
with the death of Miss Mabel Millman,
whose dismembered body waa thrown Into
Kcorse creek, early last month. Dr. Fritch
Is In custody.
J. RAY WOLTZ HEAD
OF CHICAGO AD CLUB
Man Whoa Inflaence Helped Fix
Next Convention at Omaha Is
CHICAGO. Oct. 11 (Speelal.)-J. Ray
Wolt. sergeant-at-arnia of the National
Advertising convention to be held at Omaha
next September, was elected president of
the Chicago Advertising association at Its
annual election. The vote waa unanimous.
Heavy advertising men seem to he popu
lar in Chicago, Wolts and his predecessor,
William A. Stiles, being - generally recog
nise as two of the biggest girth ad men
In the country.
Wolti'i election for the leadership of the
largeat ad club In America was predicted
In a speech made by one of the Chicago
delegates at the Louisville national conven
tion last August. Wolts was chairman
of the Chicago delegation and It was his
vote on behalf of the Chicago club that
swung the coming gathering of ad men
to Omaha after the convention had been
stormed by the Richmond, Va., representa
tives. Georg W. Maion. Chicago manager of
The Bee, waa elected a director of the
club, following his one-year term, as secre
tary. Following are the officers elected-
Presldent. J. R. Wolt a, president Farm
Life Publishing compat y; first vice presi
dent. Charles l. Heller, advertising depart
ment Marshall Field A Co., retail; second
vice president, A. G. Langworthy, advertis
ing manager Fairbanks, Mcrse A Co.;
third vice president, Frank J. Reed, gen
eral passenger agent Monon ro.id: financial
secretary, M. B. Hart, auditor Long Crltch
field corporation, recording secretary, H.
Walton Heegstia, adven'slng manager
Marshall Field A Co., wholnsale; treasurer.
Charles H. Tousalin, Lord Jk Thomas.
Directors S. W. Uarnea. Paper Mills com
pany; Seth Brown, editor Commercial
union; Richard S. Wood, western manavw
Street Railways Advertising company; Wil
liam Black, president Black Manufacturing
company; George W. Mason. Omaha 1W,
M. H. Dement. Buckley Dement A Co.;
B. J. Beardsley, advertising department
Montgomery Ward A Co.; J. W. Judson.
Harper's Magasine; Noah Van Cleef, ad
vertising manager Strauas Bros ; Frank L.
E. Gauss, advertising manager The House
keeper. BULLOCK'S VICTIM IS DEAD
Lawrence Officer Shot hy Vonng
Bandit oecamha to HI
LAWHKNCE, Kan.. Oct. 1 -Wilson
Prlngle. the police officer who was shot
by Earl Bullock Monday after he had
robbed the Slat bank at Eudora, died today.
From the Philadelphia Inquirer.
NEW LIFE FOR OLD LAKE
Pioneers Gathe. on Banks of Cut-Off
to See Boat Launch.
MAYOR DAHLMAN CONGRATULATES
Joseph Redman Christens Homely
Halk that Is to Aid Htrenoously In
the Great Work Planned for
An old man stood on a log holding In
hi right hand the end of a piece of line.
The other end of the line was fastened to
a blank wall of red and drab, and in the
middle of the line, between the old man
and the blank wait, there swung a slender
bottle of wine. With the glee of a boy,
the old man Joked with those about him,
and every now and strain ha would do a
half ptseon-wlng on the log and yell, "Let
er go!" ,.
. Spreading- out bef,re the crowd that sur
rounded the old man lay a sheet of water,
calm and glittering In the sunlight, with
here and there a rowboat splashing along.
The far shore was pastoral In every de
tail, with pastures and trees, and here and
there a house peeping put. In the Immediate
foreground of the crowd about the Jubilant
veteran waa a big hulk of a boat seventy
feet long and thirty feet wide, from keel to
deck line probably ten feet. Workmen
Were busy knocking blocks from under the
stem of the brightly painted scow, which
was about to be sent Into the water with
all the honors of a formal launching. Two
United States flags were flying aboard the
boat, fastened between stanchions, and
soon they were extended for perhaps a
minute as the ungainly looking craft be
gan to slide along the ways, and then
lowly forced her length out into the lake.
Win Bespatters Name.
Just as the receding boat began to pull
the line taut, the old man raised his end
high and then let go with a mighty heave
that smashed the bottle Into fragments,
spilling the wine over the circle on the
stern of the boat within which appeared
the words, "Big 5, Omaha."
"You forgot the words, Uncle Joe, you
forgot the words!" somebody yelled, good
"Well, I don't know as much about this
kind of thing as you do," replied Joseph
Redman, with a smile, as he stepped off
the log and began shaking hands with
everybody near him.
Thus waa launched the big dredge that
the generosity of Mrs. E. J. Cornish that
Is Mrs. Levi Carter that was ha pro
vided as the great essential aid In the work
that is to make Carter lake and park one
of the show places of the western country.
She gave S50.000 ourlghl for acquiring land
and is giving $10,000 a year for five year
to see the work through to a finish. And
nobody believes that this will come any
where near representing her total contribu
tion ere the final voucher la paid for the
work she has In mind.
After the successful launching Mr. Red
man called on Mayor Dahlman, who re
sponded In a felicitous little speech, pre
dicting a great future for the ungracious
landscape that one sees In that section ot
Omaha today. - He highly commended the
gem ruus public spirit of Mrs. Cornish and
predicted that In a few years Omaha will
have tn Carter luke and park one of the
moU beautiful pleasure places in the eoun-tiy.-
Happy Pioneer Breaks flown.
Then Joseph Redman was called for, and
started to read a manuscript telling of
what he has seen In fifty or more years
of close acquaintanceship with the lake
and its surroundings. He told of the pio
neer steamer Omaha bringing to that
very shore a ready-made house half a
century ago, and of how they brought ox
teams down from the village to haul It
to a proper location for ' the residence
of a Justice of the supreme court of Ne
braska. Several Incidents of early days
that have been long forgotten were given
lite again by Uncle Joe, much to the de
light of a lusty band of pioneers who
had gathered for the launching.
Presently the veteran started to speak
of Mr a. Carter and her donations and
plans, but the perspective of the years
that are gone since he first saw the
scenes before him overcame the old pio
neer. He endeavored to go on. but could
not. finally folding his paper and mutter
ing. "Well, that's all. boys."
That his predicament was understood
was Immediately evidenced by a hearty
hand clasp from several men standing
near him who have been In and of Omaha
(Continued on Second Fcge.) .
I r fea,,..,, teyawBnJ -lt3fc Lrry1
I A VERY OLD MASTER.
Auditor of Des Moines Makes Report
on Result of Checking
(From a Staff Correspondent.)
DES MOINES. Oct. 11 (Special Tele
gram.) A report by Auditor Hawks, filed
with the city council today, shows that
eight men have been overpaid In the de
partment of Councilman J. Wesley Ash and
that S111.50 has been collected by cemetery
employe more than has been turned Into
the city treasury. Complaint la also made
that the appropriation book prepared by
the auditor has not been used. A former
report charged that the city had been de
frauded of SDO by John M. Stewart of the
same department, and was turned over to
Claim Agent Fred Williams, who advised
that the suit be started to recover the
Mrs. Harry Oteen, aged 2J. swallowed a
quantity of carbolic acid, thinking It was
medicine. She will probably recover.
In reporting to the Lutheran synod today
the committee on colleges recommended
that no young man be ordained if he mar
ried before his ordination. The report was
adopted. Four years of college and three
of seminary are required and during that
time the young man must eschew all love
affairs. . k
Rev. II. M. Leech of Dubuque wasVlected
president of the Iowa Lutheran synod.
Other officers Were elected aa follows:
Secretary, Rev. W. Luther Bright, Fair
field; treasurer, W. H. Uailey, Iowa City;
statistician, G. W. Snyder, Council Bluffs.
The retiring president. Rev. J. A. Md
Culloch, yesterday recommended that a
laymen's movement be started In connec
tion with the English-speaking Lutheran
churches of the state to hold annual con
ference with the synod.
NEW TRIAL GRANTED
IN NIGHT RIDER CASE
Federal Jodae Orders that Henderson
Case Come Before Jnry for
CINCINNATI, O.. Oct. 16 Federal
Cochran In Covington today granted the
motion for a new trial In the so-called
'Night Rider" case of W. 8. Henderson,
formerly of Bracken ' county, against
Vachel Jordan' and others. Henderson
sued for SO. 000 damages against . the
men who are alleged to have forced him
RUMOR OF ASSASSINATION
PROVES TO BE UNFOUNDED
No Confirmation at London of Report
nt Paris of Death of Kin
LONDON, Oct. It There 1 no confirma
tion whatever here of rumor telegraphed
from Paris, that King Alfonso has been
WESTERN MATTERS AT CAPITAL
Kami Carriers and Postmasters
Appointed In Iorra Oar Clerk
(From a Staff Correspondent.)
WASHINGTON. Oct. 18 (Special Tele
gram.) Rural carriers appointed for Iowa
routes: Kalona, route 2, John A. Kirkpat
rlck, carrier; no substitute. Muscatine,
route 3, Albert L. Dreamp. carrier; no sub
stitute. St. Charles, route 2, . Arthur V.
Bean, carrier; no substitute. Sanborn,
route 1, Porter C. Hoffa, carrier; Miiton B.
George B. Garrison has been appointed
potamaster at Quasqueton, Buchanan
county, Iowa, vice Kittle Johnson, resigned.
Harry E. Roberts of Webster county,
Iowa, has been appointed a clerk In the
Southern Ute Indian school In Colorado.
POSSES PURSUE ROBBERS
Men Who Dynamited Kaasaa Bank
Are rirrlua from Officers In
HCOTTSVII.LK, Kan., Oct. It Robber
here early today dynamited the Slate bank
and escaped with 12,100. Posses with blood
hounds took up the pursuit in motor cars.
AVON, Minn.. Oct. 16 Three robbers
entered the Bank of Avon early today and
blew open the safe.. They secured 11.700.
stole a team and drove to the village of
lioldlngford, where they boarded a freight
train and made their escape.
WILL TEACH BIBLE BY MAIL
Sunday School Workers Plan Corre
DR. BLAKE SAYS LOOK TO BOYS
Yonth Most Be Used to Pin; 1 p
Leak, Say Speaker at Conference
Who Advocate Gymnasiums
The establishment of a correspondence
school for the training of Sunday school
teachers Is the latest enterprise undertaken
by the Board of Sunday Schools ot the
Methodist Episcopal church.
Dr. Edgar Blake touched upon this mat
ter briefly during his address at the First
Methodist church yesterday morning, but It
was elaborated upon by Dr. D. O. Downey,
secretary of the board, at the. afternoon
session. The plan embraces a eerie of text
books for the training of teacher. These
book kre published by the Board ot Sun
day School and are now being Introduced
Into the various Sunday schools of the
Dr. Downey's address dwelt largely upon
the elaboration ot the adult Bible class,
which he felt should be made a great and
active power in the church and should re
main an Integral part of the Sunday school
aa an Inspiration to maintain the Integrity
of the Sunday school and thus prevent it
Men' Classes Give Best Results.
"The Bible is. and ought to be, the main
text book of the adult Bible class and of
the Sunday school," said he. "The Baraca
movement has nothing to offer that the
adult Bible class of the Methodist Episco
pal church does not offer. As a general rule
the' men's classes give the best results,
though I would not wish to be understood
as discouraging the mixed adult classes.
Rev. H. W. Mahood or Sioux RanMs. Ia ,
presided at the afternoon meeting, and
President Freeman conducted the Bible ex
position, hi theme being "Fellowship."
"There csn be no fellowship between two
human beings whose essentials are unlike."
said he. "You can have fellowship with
God, because we are like God. We cannot
lift ourselves up to Him, but He can adapt
Himself to us."
The afternoon session closed with a short
address by J. R. Orr, field representative
of the northwestern agency of the Ameri
can Bible society, who told briefly of the
work of the society In this territory.
Kindergarten Work Shown.
. Miss Edna Dean Eaker gave an Interest
ing class demonstration of "The Kinder
garten at Work" In the lecture room at
the close of the session. The class con
sisted of about fifty children of ages from
3 up to 10. The exercises were varied. In
cluding music and object lessons, queries
and answers from the children. In the
class were representatives from all walks
of life, and the same gentle and kindly
Interest was shown the lowliest that was
given to the highest.
'The preacher must -take oft his collar
and get down with the boys If he expects
to reach them. The gymnasium and ath
letlo' sports, honestly snd cleanly con
ducted, offer the best opportunity for the
church to get hold of the youth."
" So .declared Dr. Edgar Blake In hi ad
dress on "Boys' Work" In the morning.
He advocated gymnasiums In the basement
of churches If they could be maintained no
other places, and urged the ministry not
to expect to reach the boys by the anti
quated methods of dealing with humanity
in general, which are aimed more at sea
soned manhood than those In the bloom of
Chancellor W. J. Davidson of Wesleyan
university, Lincoln, conducted the Bible
exposition and talked from the "First Epls
tT of John."
The Institute continue until tonight,
when a mass meeting will be held nt First
Mrs. Antoinette Lamoreaux followed Dr.
Blake in an Interesting discussion of the
"S.udy of the Junior." Her talk was
vorr.ewhat along the lines suggested by Dr.
B!ake In making the Sunday school at
tractive for the junior, In the creation of
Junior orchestras and other entertainments
In which the Junior should chiefly figure.
L. T. Grossman, superintendent of spirit
ual work, closed the morning session with
a short talk, in which he stated that he
was heartily In accord with the apirlt of
these gatherings and would lend every
endeavor to co-operate with all churches
In this work of saving the boys.
Bishop Hare's Condition.
ATLANTIC CITY. N. J., Oct. 1.-There
mas no change today In the condition of
Bishop Hare of South Dakota.
Injunction Restraining Governor and
Board is Fermanent.
STATUTE VOID 05 TWO P0IHT3
Cannot Prohibit Private Banks from
GUARANTY FUTvD IS ILLEGAL
Contravene Constitution ' In Taklna
Propcrty Wtthont Owner' Con
sent and Wtthont Jast
(From a Staff Correspondent.)
LINCOLN, Oct. lfl.-(Speclal) The fed
eral court 'has 'made perr-etnal the tem
porary restraining order against Governor
Shallenberger and members of the State
Banking board, preventing- them from en
fonins the provisions of the guaranty
banking law enactftd by the recent legis
lature at the urgent request of Mr. Bryan.
Circuit Judgf Willis VanDevanter and
District Judge Thomas C. Munger filed
the decree late this afternoon, holding the
law unconstitutional, being In violation
of the constitution of the United State
and of the state of Nebraska.
The court holds the provisions which for
bid an Individual from engaging In the
stste banking business without Incorpo
rating is in violation of the fourteenth
amendment to the federal constitution, and
section 3. article 1. of the Nebraska con
stitution as Is the enforced contribution
to the guaranty fund.
Inasmuch a these two features of the
law were Inducements to the, pnssage of
tho act, the court held the entire act Is
The decree makes the temporary Injunc
tion perpetual and taxes the costs of the
case to the defendants. Governor Shallen
befgrr and the member of the State Bank
ing board and the secretary to the bank
ing board uppolnted by the governor, Sam
uel Patterson, who never served.
Syllabus of the Case.
The syllabus In the case Is as follow:
1. Constitutional Law. Due Process of
Law. Banking. Restricting Business to
Corporations. Guaranty Fund.
The Nebraska act of March 1909 (Uwi
Neb.. 1WS, ch. 10, p. 6l, which prohibit
Individuals from engaging In the banking
bus In ens. unless they do so through the
agency of a corporation, and which also
conditions the Hunt to engage In that busi
ness In that form upon ne making of en
forced contributions fro.n lime to time to
a depositors' guaranty funo to be employed
In the payment of the claims of depositor
ot any bank which shall become Insolvent,
Is In conflict with section 1 of the four
teenth amendment to the constitution of the
United States, which provides:
"No state shall make or enforce any law
which shall abridge the privilege or Im
munities of cltliens of the United States:
nor shall any state deprive any person of
life, liberty or property without due prooees
of law," and Is In conflict with, section S
c.f article 1 of the constitution of Nebraska,
which declare: "No person shall be de
prived of life, liberty or property without
due process of law." and therefore Is void.
1 Same. Void provision, when Induce
ment to passage of act. renders entire act
The provisions of the Nebraska act nf
I March 25. IMP. supra, which prohibit In-
aiviauais rrom engaging in the banking
business, unless they do so through tho
agency of a corporation, and also condition
the right to engage In that business In that
form upon the making of enforced contribu
tions from time to time to a depositors'
guaranty fund to be employed in the pay
ment of the claims of depositors of any
bank which shall become- Insolvent, were
the inducement to the passage of that act,
and as those provisions, so coupled to
gether, are void, the entire act la thereby
Law Drown hy Albert.
The act guarantying bank deposits, which
has Just been held void, waa the work of
the late democratic legislature and It was
the real feature of the Bryan campaign
In Nebraska. When the legislature con
vened It was soon discovered that the
members realized their Inability to frame
a law which would stand the test of tho
coturts and Mr. Bryan w as called upon
for assistance. He filed with the governor
his Ideas of what should be embodied In
the bill and then left the state.
The legislature finally employed Judge
I. L. Albert of Columbus at a cost to the
tate, of 0 tr draft the bill. When Judge
Albert had done the work a banking com
mittee of the house and senate proceeded
to make sevral changes In the measure
over the objection of Judge Albert, who.
It waa said at the time, had remarked:
"I have stretched the constitution as far
as I dared already."
It was only by making a compromUa
with Frank Ransom, the democratic bos
of the senate, in which the stock yard
waa left out of th physical valuation bill,
that the democratic bosses were able to
whip the bill through the upper branch
of the legislature.
It finally received th signature of
Governor Shallenberger. who appointed
hla bank examiners and a new. secretary
to the board. When the time arrived,
however, for these officials' to tak their
positions, the First State bank of Hol
steln and others secured a temporary In
junction to prevent the enforcement of th
While a demurrer was filed to th pe
tition of the plaintiffs the court heard
the case on its merits, John L. Webtter
and WIMIatn V. Allen, former popullit
United States senstor, opposing th law
and I. L. Albert and C. tr. Whedon de
fending, these attorneys having been
employed by some of the bsnkers who de
sired the law upheld. Attorney Gensrul
Thompson assisted the defense.
So ICstra Session.
Governor Shallenberger, after reading th
decision, said he saw no recourse exctpt
to appeal the case to the supreme court of
the United States. Under I he decision, he
said, the legislature could not pass a guar
anty blil which would meet the test and
therefore there naa nothing to be gained
by calling an extra session.
When tho case was under consideration
the governor said If the opinion set out th
weak spots In the law providing It was held
unconstitutional, In such a way they could
be corrected In a new act. he would call
an extra session. Sli.ce then the demo
cratic state convention recommended th
calling of an extra session for th ratifi
cation of the Income tax amendment to
th federal conMltutlon.
WP.BITKH DIM I USE DKClslOV
Attorney I'lenord, bat iot Surprised,
He says, hy Haling.
John L. Webster, the attorney represent
ing the Nebraska banker opposing th
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