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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 17, 1909)
Fhe Omaha Sunday Bee. NEWS SECTION WEATHER TOIECAST. 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. WO PRESIDENTS Taft Testily Makes Answer to Doubters HEARST FLAYED BI JUDGE CeV0R BANK GUARANTY 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 Democratic 7 V V. v. .jf Additional Mexico Clasp Hands at El Paso, Texas. 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 Knife. 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 dad Juarea. 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 American continent. 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 counsel, remarked: 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." Good Chance to Get Farm One Person in Seven Slated to Draw One in Dakota at Present Rate of Registration. 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 ing. Danes Averse to Yielding Request of American Society to Ex amine Cook Data May Be Turned Down. 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 Pole data. 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 company. 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 Scotland. 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 Matter's Withdrawal. 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 speak tonight. 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 a reply. 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 crushed." 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 charge. Dr. G. A. Fritch is Accused 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 Thna Honored. 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 Iaorlea. 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 Bcaatlficatlon. 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 naturedly. "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. Gity Employes Arc Overpaid Auditor of Des Moines Makes Report on Result of Checking City Books. (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 money. 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 Second Time. 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 from Kentucky. RUMOR OF ASSASSINATION PROVES TO BE UNFOUNDED No Confirmation at London of Report nt Paris of Death of Kin Alfonso. LONDON, Oct. It There 1 no confirma tion whatever here of rumor telegraphed from Paris, that King Alfonso has been assassinated. . WESTERN MATTERS AT CAPITAL Kami Carriers and Postmasters Appointed In Iorra Oar Clerk ship Filled. (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. Gihbs, substitute. 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 A ntomobiles. 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 spondence Instruction. DR. BLAKE SAYS LOOK TO BOYS Yonth Most Be Used to Pin; 1 p Leak, Say Speaker at Conference Who Advocate Gymnasiums and Sports. 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 Methodist church. 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 leakage. 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 their youth. 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 church. 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 Conducting- Business. GUARANTY FUTvD IS ILLEGAL Contravene Constitution ' In Taklna Propcrty Wtthont Owner' Con sent and Wtthont Jast Compensation. (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 invalid. 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 Invalid. 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 rendered Invalid, 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 law. 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
