The Omaha; Daily Bee WEATHER FORECAST. For Nchriiska Fair and warmer. For Iowa Fair and warmer. For weather report see- page- 3. THE OMAHA DEE clean, reliable Dnwipapr that Is admitted to each and every home. VOI XXXIX NO. 120. OMAHA, WEDNESDAY MOUSING, NOVEMBER 10, l'KW-TWELVE PAGES. SINGLE COPY TWO CENTS. TAFT IS MOVING UPON KICHMOV President Will End His Invasion of the South at Former Confeder . ate Capital. REACHES WASHINGTON TONIGHT Exicutive Will Attempt no More Long Trips This Winter. J. DAY SPENT IN WILMINGTON Gre?t Display of Enthusiasm on Part of the Residents. TRiP MADE DOWN HARBOR llrenkfest la Serven at lllatorle Sprnnt Mansion Wbfrf Wnshlnar ton and Webster Wn Knter talned Children Received. WILMINGTON. N. C Nov. 8. His 13.0O0 mlln Journed through thirty-three states and territories all but conrluded, Presi dent Taft I speeding tonight toward Richmond, where he will atop tomorrow until latn afternoon, leaving then for Wash ington to spent tha night at the White Houbc. The president has made a wonder fully good time on hl long trip, but I pretty well fagged out and 1" glad that his travels so aoon are to be over. Mr. Taft hna given up all Idea of visiting the Isthmus of Panama this winter and will make no moro long trlpa until next summer, when he hopes to vlalt Alaska. lie will spend the , Christmas holidays In the White House with his family. The president I especially glad In get ting home to know that Mrs. Taft Is better. The great Improvement which began at Beverly during the summer haa continued rapidly and complete recovery from the nervous breakdown of last spring la cer tain In the near future. During hla fifty six daya on the road. President Taft has not let the setting of a sun go by without Bending Mrs. Toft a telegram. lie has lib erally Interspersed the dally messages by wire with long letters detailing the most minute happenings of his eventful trip and in this way has actually written a com plete history of his Journey. Enthusiasm at Wilmington. The president's day In Wilmington called out a great display of euthuslasm on the part of the residents of the old North state, who cam from all sections to par ticipate In his welcome. 1 In many waya the celebration of the president's visit here was the most sig nificant of his trip. Governor Kitchen ex tended the formal welcome of the stole In an address which bristled with the pa triotism of the south, and which embodied one of tho most glowing tributes the president haa received. Arriving here before daylight, the presi dent slept until nearly 8 o'clock, when he was escorted to the ' beaAitlful Colonial home of James Sprunk, one of the greatest exporters of cotton In the aouth, where a southern home breakfast waa served. George Washington and Daniel Webster had been tendered the hospitality of the same splendid mansion. Breakfast was served in the conservatory, which had been made Into, a grape arbor. At the end of the meal Mayor Mac Roe of Wil mington, voiced the welcome to the city and created Mr. Taft "an honorary Tar Heel for life." Boarding the revenue cutter Seminole at 10:30 o'clock, with a committee of fifty or more citizens as an escort, the president waa taken for a sail of twenty-five miles down the waterway and return. Wllmlng- ton is desirous of deepening its channel to the set from twenty-four to thirty feet and the ride waa to give the president an object lesson aa to the need of the Ira proveinent. Luncheon waa served on board. During the trip the president sent wireless telegram to Mrs. Taft. He was saluted by all the craft In the river. The tramp steamer Battersea Bridge, sail ing for Liverpool with SSOO.000 worth of tutton on board, saluted the president and the crew stood on the rail and gave him three cheera. When the river trip had ended President Tall was taken for a carriage ride. The parade ended at tha city hall, where the prtsldont spoke. Tonight he attended a supper at the Masonic Temple, before leaving for Rich mond at 8 p. m. Governor Kitchln, In Introducing tha president this afternoon declared that he wanted Mr. Taft to know that the aouth was ins country as the north is our country." President's Address. In his address president Taft said: "I have visited North Carolina befare and In doing so I have found that you were a little earlier in doing everything that had to be done In the crises of the nation than anybody else. I have found that you made a declaration of lndepend i nee at Mecklenburg about a year before we thought of it In other parts of the country. And I understand that you sup pressed the stamp tax and emptied out the tea a very considerable time before they had that tea party In Boston harbor, It la, therefore, a matter of extreme self congratulation on my part to have from your distinguished men and from the peo ple of a state like this such a cordial wet coiuu. 1 congratulate the people of North Caro lina that next to the state of Mississippi it has a population more devoted to the boil and its cultivation than any other elate In the union. You do not have large title and I do not think that a defeat at all In your civilization. The fact is that the tendency toward concen ration of popu lation In tl.e cttirj is a tendency that ought to be restrained. "You hme indeed made history in this, your neighborhood. Today It was given to me to go down to Kurt Fisher, where that dreadful battle and carnuxe waa fought to, see how much lead could be pumped fom one hide into the fort of another, and what enduring sacrifices the oppom nts could make. "All that history you cherish and we cherish, but it does nut make the slightest difference In our brotherly feeling in our .iatmal desire always to exhibit arid man fest that lov of each other which comes of standing elbow to elbow in the march of itogress to make this nation, great as it Is. even greater to afford under our country's flag an equal opportunity to all to work out their fortunes and to elevate tho moral standards of manhood so that above all in the types of American we ft point ru&sanitMir." to character aa the thing . to Claris for Three Buildings for ' Vebrska Towns lor, Supervising Architect T. Has Drawings for Jearly Finished. (From a Staff Correspondent ) WASHINGTON, Nov. 9 (Special Tele gram. V-J. Knox Taylor, supervising archi tect of the treasury. In speiklng of the new federal buildings provided for by acts of congress In Nebraska today said that all now under construction were being pushed rapidly to completion. 'There are four cities In Nebraska where congress has authorized either an addi tion to an existing building or an entirely new postofflce. "Plana and specifications for these, namely: Plattsmouth, Fremont, Beatrice and Columbus are now being provided for In my offlca. "As to Beatrice postofflce, an addition to the present building Is tq be made, cost Ing IC0.O0O. Our draftsmen have the work Ing drawings almost completed and ! will be in a position to advertise for proposals for the actual work within a month. At Columbus there Is to be erected a postofflce to cost SG5.000 and our draw ings are about three-quarters complete and advertisements for the construction of this building will Issue early In the coming year. Plans and specifications for the addition to the federal building at Fremont will probably be ready to place upon the mar ket before the close of the current year. Congress has provided 150,000 for thla en largement. "Sketches and plans for the new SuO.OOO postofflce building at Plattsmouth will be taken up by our chief draftsman and his assistants between now and the first of the year and we hope to have the specifi cations ready to submit to bidders early in the ensuing year." Hastings Man Finally Wins Runaway Bride Miss Alexander Whom He Married Once and from Whom He was Elopes Second Time. HASTINGS, Neb., Nov. 9. (Special.) G'Fellers, formerly assistant city elec trician of Hastings, eloped Sunday morn ing with Miss Ooldle Alexander for the second time within a little more than a year. Hla former wife waa the only wit ness of their sudden departure. On June 30 last G'Fellers and Miss Alex ander disappeared from the G'Fellers home. Miss Alexander Is a niece of Mrs. G'Fellers and lived with her. The pair was located In Fargo after a long search and there G'Fellers was sentenced to six months' Imprisonment In the penitentiary. After serving his sentence he went to. Chicago and on October 4 last he obtained a license to wed Mlsa Alexander. On the day the wedding was to take place Miss Alexander waa summoned home from Michigan, where she was visiting relatives, by a telegram announcing the Illness of a relative here. About 1 o'clock Sunday morning Miss Alexander, with her mother and Mrs. G'Fellers, who waa recently divorced, re turned toi their home in a buggy from a party. While Mrs. Alexander waa un hitching the horse G'Fellera appeared from the darkness, talked with Mlsa Alexander and hia former wife a few minutes and then proposed the elopement. Mrs. G'Fel lers helped her niece pack her clothes and saw them off before the girl'a mother re turned from the stable. It la supposed the couple has gone to Chicago to be mar ried. Veteran Shoots His Wife in Back Kills Himself i Clyde Inks at Falls City Murderer and Suicide as Result of Matrimon ial Troubles. FALLS CITY. Neb.. Nov. 9-Speclal Telegram.) Clyde Inks, a veteran of the civil war, shot his wife In the back, killing her, and then killed himself by turning a revolver on his own person. He had not been living with his wife for a month. He recently received a pen sion check, and today, he went to his home and endeavored to make up. His wife locked the door and would not admit him, whereupon he , selxed an axe and smashed down the door. After a short parley, he pulled a revolver and shot his wife, the bullet taking effect in her arm. She ran away from the house to seek aid and he followed, shooting her In the back and killing her Instantly. Inks then searched for and found his 12-year-old boy, to whom he gave hia pen sion check. Then he placed the revolver to his temple and fired, also dying in stantly, i Inks had not lived long here and little known of his family relations. Dan Butler May Drown His Woes in Cigarette Fumes More grief in the city clerk's offlca. "I'm mad enough to smoke a cigarette," said Dan Butler, In explanation of a ktormy frown he couldn't get off. "Of course thla la a big office and we like to be obliging, being strong on the courtesy and kindness atunt. But why the city council should hand us everything It has to give is mora than I can figure out. Fred Schroeder, taing a tip from the rest, even blamed us for his loss of a pair of skinny little ducks the other day, when the fact waa Tom McGovern expressed the opinion one duck waa enough In the Schroeder family, and that would be pointer enough for anybody. "Now they've ordered tha telephone out of tha dog pound, and, aa this la the reg istry office for doga, I get calls for black and tana and muaale bearers, spltaea and dachsunda, sts and prise pupptaa every minute In the day. Even at home laat WILL APPEAL LABOR GASES Injunctions and Jail Sentences Grow ing Out of Range Litigation to be Carried Up. REPORT OF EXECUTIVE COUNCIL It Says These Decisions Affect Funda- metal Rights. OLD AGE PENSIONS NEXT Representative Wilson Has Drawn Bill to Be Presented to Congress, IOWA STATE CHARTER REVOKED Refusal to Suspend Seceding Klc- ' trlral Workers Gets Iowa and Ohio Organisations Into ' Trouble. TORONTO, Nov. 9. Tne executive coun ell of the American Federation of Labor in its report to tho convention today, recommended that an appeal be taken to the United States supreme court from the Jail sentences Imposed on President Gompers. Vice President Mitchell and Sec retary Morrison for contempt in the Buck Stove and Range company boycott case. The council recommends also that an ap peal be taken In the original Injunction case, the alleged violation of which re sulted In the contempt proceedings against the three labor leaders. The report, which waa presented by First Vice President James Duncan of tha Granite Workers' union of Qulncy, Mass says: "We recommend that an appeal be taken from the decision rendered in both tho original injunction and the contempt case growing out of It. We cannot permit these decisions to go unchallenged. They affect fundamental rights, and either the courta or congress must safeguard them. "We again enter our protest against tha application of. the writ of Injunction In labor disputes (unless where an Injunction would lie If there were no labor disputes). We hold that the' ordinary use of the In junction writ In contentions between work ers and employes Is an unwarranted Inter ference with the rights and liberties of the workers and Is Intended, and Ita Influ ence used, to Intimidate workers, especially when they are engaged in a atruggla for improved working conditions." Iowa Charters Revolted. In the matter of the controversy over the secession of a faction of the electrical workers the executive council gives an ex haustive report. Under article xl of the constitution central and state bodies char tered by tho American Federation of Labor are prohibited from admitting to or re taining membership seceding organisations. The report says: "After -exerting every means ' at ou command to have state, and central feodlea comply with the federation constitution and suspend the seceding unions of electrical workera, there waa no alternative but to revoke the charters of the following state and federal bodies for failure to comply with the constitution: Iowa State Federa tion of Labor; Ohio State Federation of Labor, and central bodies of Cedar Rapids, la.; Davenport, la.; Detroit, Mich; Duluth, Minn.; Albany, N. Y. ; Hornell, N. Y.; Jamestown, N. Y.; Cleveland, O. ; Newark, O.; Toledo, O. ; Cornellsville, Pa.; Dallas, Tex.; Sherman, Tex.; Ogden, Utah; Ever ett, Wash.; St. Louis, Mo.; Atlantic City, N. J., and Logansport, Ind." Old Age Pensions Next. On the subject ut the old age pensions Congressman William B. Wilson haa drawn a bill to be presented at the next session of congress. Referring to the work of tbe special com mittee on industrial education the report 4ays: "Organized labor favors that plan of In dustrlal training which will give our boys and gtrla such training aa will help them to advance after they are In industry." The council reports extensions of the Idea of co-operation between the labor unlona and the farmers' organizations. Reporting on the work of the federation In the crusade against tuberculosis, the council urgently recommends the adoption of a resolution demanding lawa or regula tions prohibiting the sale of second-hand clothing or second-hand bottIe8 unless they! have been cleansed and renovated under the direction and supervision of a rep resentative of a board of health. Concerning the execution of Francisco Ferrer, the report says: "The execution of Francisco Ferrer of Spain has aroused a world-wide sense of indignation and protest. At our meeting held at headquarters shortly after his execution, we adopted resolutions expres sive of organised labor's protest for the cause of free speech, free press and free education which haa found In Francisco Ferrer another martyr. We, of this con vention endorse the preambles and resolu tions adopted upon the subject." In conclusion the active council says: "The great central thought and Intent of the American Federation of Labor Is an Improved standard of life and a more in tense loyalty and devotion to the funda mental and original spirit of liberty of thought, art and expression to all people." The convention then adjourned for the day. night some rapscallion called me up to ask If I could tell him if the Baskervllle'a hound waa In the pound. The name sounded familiar, and I tried to figure out a way to oblige a friend. "This morning I waa telling Frank Furay about the open aea of trouble we have been plunged into, and asked him about Baskervllle. Furay knows everybody that he takea money away from, but he couldn't get Baskervllle. While we were talking Detective Donahue came along and I asked him who Baskervllle mlaht be. He looked at ma sort of suspicious, then seeing I waa In earnest, told ma the Baskervllle hound waa a fictlttoua animal Invented by an English Irishman of the name of Doyle. "Now I'm trying to find the clever caller of last evening, and If I do he ll get hurt. "That telephone goe back In tha dog pound or else I'll take to, smoking cigar ettes at tha council meetings." T . lt : Ai tA i v. M m r',jti - - -. m w j : Jam -- That it's From the Cleveland Plain Dealer. WOMAN PLEADS FOR MERCY Mme. Steinheil Creates Scene During Taking of Testimony. SAYS REPORTERS TORTURE HER Defendant In Paris Murder Trial De. Clare Her Wrists Were Tvrlsted to Make Her Confess to Crime. PARIS, Nov. 9. "Have pity on me; I .'m an unhappy woman who should not be tortured," cried out Mme. Steinheil on'ih; resumption of her trial here, today for the murder of her husband and step-mother. The appeal came during the testimony of the Jewelers with reference to the changes of Jewelry confided to them by the pris oner, but which she originally claimed had been stolen by the aasasHins. The prose cuting Judge responded that accused per sons always repeated that cry when em barrassed for an answer. Mme. Steinheil admitted anew , that she had had certain Jewels, the gifts of her admirers, melted, but aha maintained that this waa done to keep tho facts of her life from the knowledge of her daugh ter. - ' ' ' v. : From this point Mtn. Steinheil assura-1 an aggressive attitude, which continued during the examination of several wit nesses and resulted In a series of lively tilts between her and Judge De Valles. When reproached for having concealed so long from the authorities the fact that she possessed Imitation duplicates of her Jewels the woman defended her secrecy on the ground that she wished to hide from her friends the real financial condition of the family. Tortured by Reporters. When the Journalists testified that Mme. Steinheil was In a state of . great depres sion when she confessed to them that she had placed the pearl In Coulliard'a pocket book and then accused Wold, tha prisoner interrupted to declare that the newspaper men had tortured her Into speaking, one even having twisted her wrista to make her talk. The reporters denied they had used force but admitted they had pressed the sus p:cted woman to confess. Their testimony was In sharp contrast with most of that introduced yesterday in that It waa most damaging to the defendant. M. Barby, a photographer, testified that when Mme. Steinheil was convinced she would be arrested, she wished to commit suicide. The witness said also that at the cililcal moment in the Interview between Mme. Steinheil and the newspaper men Marietta Wolf, the cook, entered the room and the two women fell into each others' arms. After a momentary display of emo tion the two withdrew 10 a corner of the room, where they conversed in whispers. After the cook had left the room Mme. Steinheil told the reporters that the Wolf woman had said she would deny every thing if her mistress was arrested. Turning to the reporter who had made this last statement. Judge De Valles asked: "Do you understand the full gravity of your testimony against Mme. Steinheil?" To this the witness replied: "I accept full responsibrMty." The Judge then cross-examined the de fendant concerning the photographer's tes timony but the only reply elicited waa "I do not remember." . Strong is Elected President of the Farmers' Congress Nebraska Man Elected Secretary and Iowa Man Member of Executive Committee. RALEIGH, N. C. Nov. 9-Joshua Strang of Indiana was elected president of the Farmers' National congress at the closing session there today. Other officers were as follows: Charles Sanford of Ohio, first vice president; O. P. Jewett of Kansas, second vice president; W. L. Ames of Wis consin, treasurer; George Whlttaker of Massachuessetta, secretary; John Kimball of Maryland, R. M. Surles of Nebraska and O. D. Hull of West Virginia assistant secretaries. A. C. Fuller of Iowa, the retiring member of the executive com mittee waa re-elected. J. M. Stahl of Chi cago waa chosen legislative agent. Two addresses were made at the closing session. State Irortlcullurlst Hutt of North Carolina discussed the advantage of the mountain regions of the aouth for fruit growing and Prof. C. L. Newman of Agricultural and Mechanical college of North Carolina spoke on tha subject, "Legumes aa Conservators of Wealth." Jamea Bryce, British ambassador to the United States waa elected an honorary member of the congress. What Every Farmer Knows - -'if a poor year for apple butter in Warriner Theft Likely to Reach Two Millions Known Big Four Will Lose Six Hun dred Thousand Dollars and Amount May Be Much Larger. CINCINNATI, Nov. 9. With rumors that the shortage in the financial depart ment of the Big Four railroad as devel oped thro'ugh the alleged defalcation of Charles L. Warriner, deposed local treas urer of the road, may reach S2,OU0,000, In terrogation of Warriner by his superiors and others waa resumed today. An official statement given out last night confirmed the rumors previously trans mitted through the Associated Press that the shortage would probably reach 1900,000. That the total defalcation may go far above the latter figure is generally con ceded. The officials of the road admit they are astounded at the revelations made by War riner and today are pressing him for addi tional details of how he spent the money, the sums alleged to have been paid by him on account of the blackmail and In un profitable speculation still leaving a large aum un&ocouivted far. - " WarrineratiH insta.s that he haa not a dollar left, the transfer to the railroad company of hla home and stocks of the various corporations In which he was In terested having left him penniless. That a mysterious messenger who vis ited the Warriner home in Wyoming last night offered to deliver to Warriner a note from a .woman who sought an audience with him In connection with recent dis closures was the statement accredited to a member of the warriner nousenoia to day, but the identity of the woman was not disclosed and Ignorance was professed as to the interview which she sought. That the woman was the one who has been named by him as in league with a Chlogo man who la alleged to have black mailed him for years Is the statement to day of the Big Four secret service men. The woman is said to be living in EvanB ton, a fashionable suburb of this city. Japanese Experts in Indianapolis Received by Governor and Spend the Day Viewing Places of Interest. INDIANAPOLIS, Ind., Nov. 9.-The hon orary Japanese commissioners and trade experts who are touring this country ar rived In Indianapolis today from Cincin nati. They weie received at the state cap ital by Governor Thomas R. Marshall. Luncheon was aerved for tna party at the Columbia club, where Mayor Book waiter delivered an address of welcome. The delegation, divided Into about twenty parties, apent the afternoon In visiting places of Interest here. SMALL GRAIN CR0PFIGURES Agricultural Department Gives Out Preliminary Estimates on Wheat, Oats, Barley and Me. WASHINGTON, Nov. 9. Supplemental to of statistics of the Agricultural depart cultural department giving the estimated condition and prospective production for 11)09 of corn and other crops, the bureau tho report issued yesterday by the Agrl ment today gave out preliminary estimates of the production of the crops named aa follows: Winter wheat, 432,920.000 bushels. Spring wheat, 291.84.000 bushels. Oats, 983.618.000 bushels. Barley. 164.3D6.Ou0 bushels Rye, 31.OOS.000 bushels. Hypnotic Subject Dies, Professor Under Arrest SOMMERVILLE, N. J-, Nov. 9. Victim of a hypnotic experiment, Robert Simpson Is dead, and Professor Arthur Evereton, of Newark, the hypnotist. Is under arrest and In a state of collapse today. Simpson was hypnotized at a performance in a theater here last night. After placing the man In a cataleptic state the hypnotist performed numerous tests In the presence of the audience to show the thoroughness of his work. When the time came to end the tests, however, Professor Evereton found that hla work, to all appearance, had been too thorough. The subject could not be revived. In a panic tha hypnotist called upon physicians, who, after laboring a long . "s. - ' dry counties. GRAIN MEN TO GO IT ALONE Omaha Exchange Will Cut Loose from Outside Aid Today. JOBBERS' BARGAIN FULFILLED Businessmen Other Than firnln Deal , era Have Carried Out Five-Year Agreement E. P. Peck Fa vored for President. Toilny the Omaha Grain exchange will enter upon a new era of life. It will cut loose from the protection of the Job bers of Omaha and stand upon its own footing. Five years ago when the Omaha Grain exchange was organized leading business men In Omaha took out memberships In the exchange and their number was greater than the grain men, so that since the organ ization of the' exchange, a majority of the mombera of the board of directors have been Omaha Jobbers, bankers and busi ness men. A verbal agreement was en tered Into when the exchange was formed Specifying that, provided the I'pdlke Grain company would erect a large elevator In Omaha, the Jobbers would remain on the board of directors ior five years and keep' a .controlling Interest In the board. The f Ivo years have now passed and O.' W. Wattles and F. P. Klrlcendall are to retire from the beard and in retiring Mr. n.h. p..,, .,,h., ho. ut if- .. , , .... . ,, , ,i, Infancy and Is able to walk alone with out the aid of Omaha Jobbers and busi ness men. He advised the grain men to elect grain men to the directorate and to elect a grain man as president of the organization. E. P. Peck Is the man preferred by the larger . grain dealers to be president of the Omaha Grain exchange and what ever activity these men have exerted has been for the purpose of electing a board of directors which would, in turn, elect Mr. Teck president of the Omaha Grain exchange. If the big grain dealers' plnns carry, the men elected today to succeed G. W. Wattles, F. P. Klrkendall and J. B. Swear ingen as directors of the exchange will be E. P. Peck, C. E. Nlswonger and M. C. Peters. The larger dealers say they are working In tha best Interest of the ex change as outlined by the retiring presi dent, Mr. Wattles, when he said that the exchange should go It alone and elect a grain man as its president. Body of Girl Found in Alley Fiendish Crime Disclosed by Discov ery of Children at Cairo, 111. CAIRO, Nov. 9. Miss Annie Pelley, a clerk In a local dry goods store, was murdered here last night, the crime being revealed when children found her stripped and mutilated body In an alley today. An examination showed she had been gagged and choaked to death and made the victim of a fiendish assault. There Is no clew to the murderer. The girl's relatives felt no uneasiness when she failed to come home from work aa she frequently stayed over night with a girl friend. Miss Pelley left the dry gooda store In company with Miss Ella Dolan. Leaving the latter at her home, she Is supposed to have taken a car. MIbs Pelley was 24 years old, a young woman of largrf build and considerable strength, and must have given her as sallanta a hard fight. Tell tale bits of her clothing Indicate that she fought for her life for .two. blocks down the alley before succumbing. time over Mimpson, pronouncea mm aeau. notwithstanding mis aecisiun, ine man waa taken to a hospital, where efforts were made to revive him. No results having been obtained after several hours, Evereton was arrested. Evereton collapsed when he realized the plight he was In. An autopsy will be performed today to decide the cause of death. Simpson's death waa witnessed by a large audience. The , authorities later today glinted Evereton permlsnlon to call In another professional hypnotist from NvarX to make a last effort to revive Simpson A third hypnotist was summoned from New York by the management i.f i-o theater and he also will attempt to iettt-ie Simpson to life. COURT UPHOLDS 8 O'CLOCK LAW Supreme Judges Unanimously Sustaia Validity of Act Passed by Last Legislature. CONSTITUTION IS NOT VIOLATED Held Only One Subject is Included in Statute. DOES NOT AMEND CITY LAW Decision Comes in Dinuzzo Case from Omaha. MUST PAY POLICE COURT FINE Opinion of Conrt la Written by Judas Hose n'ntl M Concurred In by All Other Members of Tribunal. (From a Staff Correspondent.) LINCOLN, Neb., Nov. 9.-(Speclal.) The 8 o'clock closing law, known as the day light saloon law. has been upheld by thn supreme court. Tho court today af firm- d the decision of the Douglas county district court In Its action In sustaining a fine of $100 assessed gainst Frank Dinuzzo by the police court of Omaha for selling Ihpior titer 8 o'clock In tho evening. The opinion was written by Justice Rose, who holds Hint the law Is not unconstitu tional; that ttie slate has a right to limit the time for the sale of liquor; that tho law simply amended that section of the Slocunib law which provided that saloons should sell liquor on Sundays and election days; that the subject matter In tho Inw Is not broader than tho title. Does ,ot Violate Constitution. The syllnbus does not violate constl'.u The syllnbus Is ns follows: "Chapter K of the session laws of 19C9, an act declaring by Its title a purpose to amend Section 14, Chapter 50, Compiled statutes of 1907, and making It unlawful to sell or give awny Intoxicating liquor after 8 o'clock p. m. nnd before 7 o'cloclt a. m., Is germane to tho amended statute which prohibits "the sale of Intoxicating liquors on days of election and on Sunday, and tho amendment did not violate tha constitutional provision that no bill shall contain more than one subject and the same shall bo clrniiy expressed In Its title." In enacting rhftpter 82 of the session laws of 1!. 9 nn act amending section 14. chapter 5 of the complli d slatutcs of 1907 by in S', rtlng therein a provision making It un lawful to sell or give anm-r Intoxicating llc.uo.a on days of election and on Sundays, the legislature did not amend other laws delegating to municipalities the power to regulate the traffic In Intoxicating liquor, wl!hl:i the meaning of tho constitutional I rovlslon that no law shall be amended un less tho new act contains the section or Bceiions so amended and the section or sections so amended shall be repealed.' ' S: ction 14. chapter W), compiled statutes making it unlawful for n W nsed saloon keeper ?j f-ull or gl"e awny any lntoxtcat- '"K ,if'l,or aflcr 8 o'clock a. ..i., and be fore 7 o'clock p. m. is not Invalidated by reason of a provision therein w'hlch au thor. zes a fine of 1100 and a forfeiture of the license upon conviction of the licensee for violating the law." Haw 11111 Waa Pasted. The enactment of the daylight snloon law was one of the last acts of the legis lature of y.m. Tho legislature had killed sevc.al liquor bills and hun passed a bill ,""nlulnK sau.on nt fort Crook which i UHV "nm fnaueiiDi-rger veined Then tho Douglas delegation In the sen ate killed a bill by Taylor of Custer county providing that tho votes on the constitu tional amendments should be canvassed by the State Canvassing board, and It also killed the clause In tho physical valuation bfll which Includee? the physical valuation of the South Omaha Btock yards, for which i Senator Ransom was the attorney. The Douglas senators also killed the lnltlativo and referendum bill, which was fathered by Taylor of Custer. The hlgh-linnded methods of the Douglas senators and the subserviency of the house delegation from Douglas county Incensed the members from out in the state, and as a death-bed protest they saddled the 8 o'clock closing amendment onto a bill by Senator Wlltse of Cedar county closing the mlootiH on primary election day. This bill had hern held back ns a club with which to swat Senator Ransom and his hench men, ai:d It was used at the last minute with telling rffect. Pnt to Shallrnberajer. Then came the fight before Governor Shellenherger. He had carried Douglas county on a home rule platform arid, ac cording to those who backed him there, on a pledge to stnnd out against any amend ments to the Slocumb law. Thousands of people besieged the execu tive office and during a hearing given those who favored the law ex-Oovernor Poybter dropped dead In the governor's office following a speech he made In favor of signing the bill. Mayor Dahlman and others from Omaha and elsewhere de manded of the governor that he make good on his campaign pledges and veto the bill. The governor signed the bill and then Frank Dinuzzo of Omaha was arrested for violating the law and a test case was started. Dinuzzo was convlrted In the police court, the conviction was affirmed by the district court and has now been upheld by the supreme court. District Court Officers. After Dinuzzo conviction in police court the police board of Omaha was called upon to revoke his license, pending the appeal. This the board refused to do and charges were filed against the board with tha governor. Before the governor took any action, however, the district court affirmed the police court conlctlon and the board revoked the license. Nothing has ever been done with the charge ugaJnst the mayor ami police board, and they are still on file with the governor. Bucket Shop Will. Transactions In so-called "bucket shops" Is not gambling according to an opinio i rendered today by the Nebraska supremo court. The case was that of Kmma L. Ives against J. A. Hoyce, appealed from the district court of Omaha. The com plainant chaigi'd that In a deal In whh !i she suffered a loss of 11,500 in stock specu lation was purely a gun.bllng transaction. The court holds that bucket shop method are not game of hazard and the mechanical devices used therefore do not constitute game of chance. The ruling of the district court of Douglas county Is affirmed. Ciller la blaauuolatrd. am much disappointed, la the de- "I