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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 29, 1909)
The Omaha Daily Bee
THE OMAHA DEE
In tho most powerful business
petter In the west, because It goes'
to the homos of poor and rich.
For Nebraska rartly cloudy.
For Iowa Snow flurries.
For weather report sre pnfjo 3.
VOL. XXXia-KO. 145.
OMAHA, WEDNESDAY MORNING, DECEMBER 29, 1909 TEN PAGES.
SINGLE COPY TWO CENTS.
He Can't Feed the Animals
OVER NEW PLANS
Revolutionary Party Will Not Recog
nize Election of Madriz by
Aid for Widows
and Orphans of
ON HIS MESSAGE
It Will Deal with Proposed Changes
Ear Association Turns Down Propose
in Interstate Commerce and
tions of Legislative Committee
After Heated Argument.
Red Cross Society Takes Initiative in
Plan for Furnishing Permanent
Relief to Victims.
mil WITHOUT At
CABINET DISCUSSES . MATTER
UNPAID ORATORS LOSE FIGHT
Mil W Ah
Insur jent Leader Says New Pre.
is a Usurper.
MADRIZ PRESENTS HIS PLANS,
He Wants Both Armies Disbanded
and Arms Turned Over to Him.
ZIXAYA'S ENEMIES REJOICE
nrlllKh' Connnl at Corlato Denies
Xtory that ZeUra Wan Offered
Asylum on the (miner
WASHING TON. lec. 2S. General ' K
tiiirta, revolutionary loader, will not accept
tin: extraordinary tcr:ns proposed by the
new president, Madriz, ait a basis for
A telrgram from Blucttled received lato
Inst night states that on the 22d Inst.,
Miidrla had proposed. In a telegram to Es
fiij'Ia, a suspension of hostilities, pending
Id arrival or a committee wnicn no ns
sending to Estrada to discuss an amicable
and equitable settlement of the present
strife. Madriz begged the revolutionary
leader not to obstruct his efforts for peaca.
General Estrada In his reply expressed
his willingness to meet the Madriz com
missioners, but said the revolutionary
party would not recognize the action of
tlia executive assembly In placing power in
the hands of Madrlr.
He denied most emphatically the assem
bly'a rlKht to, deal with the election of
president and stated that he saw In Madriz
the usurper of the rights of the Nlcarag
The terms upon which Madriz la willing
to make penre, it Is believed, are shown In
a letter which purports to have been
f!ned by him and addressed to a friend.
In It he expressed his desire, for pence
without further bloodshed and stated that
whulever might happen compatable with
hlb dignity and with the public Interests,
he was willing to accept. I
Wants Government Reeoatnlsed.
Ho nays further that the revolutlonista
should recognise his government and that
after such recognition both armies should
bo disbanded, all arma and ammunition
being turned over to him. He states that
he would recognise the debts and contracts
of the revolutionists and that within six
months It would look for the holding of
an election, he guaranteeing free voting.
He adds that l e would turn over such
power as he had Impartially to the person
elected president arid that he would aocept
. .any, other proper conditions.
. It la hot doiihted h-6 "that Estrada's well
known astuteness will prevent him from
accepting terma of peace, predicated upon
the prior surrender by him of his army,
arms and ammunition to hla enemy.
A telegram from Managua received at
the State department says that the Madriz
party is making preparations to send rep
resentatives to the eastward to meat Ze
laya's army. These telegrams confirm the
published report that Madrlx had ordered
the arrest of Pasos, the son-in-law of the
former president, on the ground that he
had awlndled the government out of money,
but that Pasoa has bo far succeeded In
The minister of finance, Santos, haa been !
put In prison charged with sending unau
thorized telegrams and otherwise Interfer
ing with governmental mattera with which
he haa no concern.
Zrlaya's Enemies Rejoice.
Native Nlcaraguane, exiled and driven
from home by President Zelaya during his
reign are rejoicing over the latter's down
fall, fcr following the fleeing persident
with Insulting telegruma and even Inviting
him to come to the Mexican frontier and
meet them in physical combat.
One of them. Dr. Marcos E. Velaquez,
now In Washington, wired Zelaya at Mex
ico City today, reciting the lattei-s al
leged shameless career In Nicaragua and
Inviting him to the border line of the
United States to fight a duel.
Pr. Velaquez wu exiled from Nicaragua
by President Zelaya nfne years ago and
haa since been a resident of Panama. He
came to the United States two weeks ago
to lend aid to the cause of Genera: Es
trada, bearing with him letters to Presi
dent Taft and Secretary Knox.
Mo llrUlh Atrium.
MANAGUA. Nicaragua. Dec. 2S.-The
statement by former President Zelaya at
Kullna Cruz. Mexico, yesterday, that he
had been offered asylum on the British
erulacr Rhearuater by the British minister
IS denied here today.
The facts are these:
"Zelaya, when he wished to leave the
country, begged of the Hrltlsh consul to
this city that he be given permission to
embark on the Shearwater which was
then in the harbor of Corlnto. The consul
referred the matter, which In due course
reached the Hrltlsh foreign office. Two
days after the request had been mad the
British government replied as fol'ows:
"If Zelaya reached the side of the Shear
water In Ms own skiff asking re-fuge he
would be allowed to go on board, first.
however, he must agree formally never to
return to Nicaragua.'"
Zelaya blaked at this condition, where
upon permission tor his presence on the
Shearwater wna withdrawn. Subsequently
the fleeing ex-presldent agreed to the
same terms when Imposed by the govern
ment of Mexico.
Ci n era: lrlas announced today his tnten
tlon to travel abroad. He is leaving NIc
araKua, he says, to free President Madriz
of the suspicion that the latter means to
continue the Zelayan regime.
'ASHIX'QTON, Deo. 2S. The American
tri'M na taken the Initiative In a
thod of furnishing relief to thoss
tute through some great disaster
present plan Is followed It will
k ' Ho operation first for the relief of
the. .widows and orphans who have been
left helpless by reason of the great dis
aster lust month at the Cherry mine In
Ernest P. Blcknell, the national director
of the American lied Cross, In discussing
tho proposed plan today, said it involved
contributions to a permanent fund by tho
Red Coss, the United Mine Workers of
! America and Viv atinrnnrlflrlnnB ' . f f Vi a I., ir.
lslature of Illinois. The R-d Cross has
given Its unqualified endorsement to the
plan and the officers of the mine workers
und Governor Deneen of Illinois have ex
pressed their full sympathy with the move
ment. The Illinois legislature meets again Jan
uary 4, and it Is expected the matter wil
be given the earnest attention of thu
body. The officers of the mine workei
will bring the subject before the miner,
state convention In February next.
The plan Is to consolidate the funds o
the lied Cross, the state of Illinois ami
the mine workers and place them in thu
hands of a board, representing the three
bodies. Under the direction of this board
each family will be visited and Its condi
tion as to Its ability to support Itself fully
looked into. The amount of the allotment
to each family will depend upon this In
vestigation. It is proposed to continue this
relief until the members of the family are
able to provide for the family support.
There are approximately lfc6 such desti
tute families at Cherry, with about 460
children under 16 years of age. This is the
first time In Its history that the Hod Cross
has undertaken relief work of this character.
It is Decided that Both Subjects Be
Covered in Same Document.
WILL NOT WAIT ON COURTS
It Will Be Sent to Both Houses Next
LICENSE FOR CORPORATIONS
Fire Smoulders in
Hold of Liner
Four Hundred Passengers on Steamer
Celtic Kept in Ignorance
' LIVERPOOL, Dec. 28.-Flre was dlsciv
ered in the hold of the White Star Liner
Celtic last Wednesday, when the vessel
was four days out from New York. The
liner arrived here safely yesterday. The
fire was still burning, but - Its presence
was known to none of the 400 passengers.
Immediately upon arrival the work of
discharging the cargo in an .effort to reach
promptly the origin of the blaze was be
gun. The work was continued today. The
tire started in the bales of cotton, '
The Celtic sailed from New York for
Queenstown on Deoember 18. The follow
ing Wednesday smoke was' discovered
creeping up from among the cotton bales
that filled No. 6 hold. Captain Hambelton
at once ordered that the hatches be sealed.
The hold had been flooded. The extent
of the damage could not be determined
President Derides to Par No Atten
tion to Frequent Reqnetfts to
Delay Sending: In This
WASHINGTON, Dec. 28. President Taft
discussed with members of his cabinet to
day the final details of the special message
o will send to congress next, week d -altn
ith proposed amendments to the Inter
.ate and Sherman anti-trust laws. Mr.
aft began work on the Important elocu
At one time if was thought that the
president might In this, the first of his
series of special messages to congress,
deal only with the Interstate commerce act,
leaving his proposed discussion of the anti
trust law to soino future date. He has
decided, however, that as the two sub
jects are bo closely related, he will adhere
to his original intention of making his
recommendations for changes In the two
acts in one communication to the senate
and house. ,
In this message he also will submit his
recommendations for the issue of federal
licenses to corporations. The proposed
license will be a voluntary one, to be taken
advantage of by such corporations as de
sire to place themselves under federal
Jurisdiction, or left alone as the directors
of the corporations see fit.
Will Mot Walt for Decision.
It had been currently reported for some
time that President Taft might delay his
anti-trust recommendations until the su
preme court had finally passed on the re
cent Standard Oil decision. Those to whom
the president has talked, however, say he
has determined to go forward with his pro
gram. The president and members of his cabi
net, together with the Interstate commerce
commissioners, have given more thought
and study to needed changes In the inter
si.t. rnmmori.ti nnri Anti-trust acts than to
any other subjects since the beginning of 1 1U Alii UUiaJTil.J.XJJIV X lUJHJJUlooiUit
the present administration.
Plan Broached to Obviate the Law'
Delays Gets Blue Pencil.
PROPOSITIONS CAST TO WINDS
When President Taft's new order goes into effect in the political zoo.
From the Minneapolis Journal.
POLLOCK STAYS AT AGENCY
Superintendent Will Stay for While
with Omaha Indians.
"WINDY" SHOT KILLS FOUR
One of Dead I. oat Two Relatives
(he Hrersl Cherry Mine
There has been a disposition amopg some
of the leaders of the senate and house dur
ing the last two days to urge the president
not to send la his anti-trust message Just
Mft' Taft' l said- to'teel, -nevertheless,
that his views on the entire subject have
been so fully expressed In the past and bo
generally understood as reflecting hta at
titude that ' he can go ahead with his
recommendations upon' the lines decided
upon early In the fall.
The president's message will be ready
for reading in the two houses of Congress
on Wednesday, January 6. Congress re
assembles January 4. but will Immediately
Officials Confident lied Men Misun
derstand Plans for Settlement
Abbott DlsenssejTChaa Bal
loon to lga'B.SMXlea.
Body at Kansas
Murdered Man is Neither Harry Mc
Connell of Grand Island Nor John
Whitehead of Carthage, Mo.
(From a Staff Correspondent.)
WASHINGTON. Deo. 28. (Special Tele
gram.) The Indian office, after . giving
careful consideration to various communi
cations from the Omaha Indians, has se
cured the consent of Superintendent A. G.
Pollock to.renaln at the Omaha agency to
assist In completing the work of the com
petency commission and in the inaugu a-
Open to Public
President Taft and Representative
Dalzell Confer on Proposed
WASHINGTON, Dec. 2S. The forthcom
Ing congressional Investigation of the mat
ters entering into the so-called Balllnger
Plnchot controversy was the subject of a
conference today between President Tafi
and Representative Dalzell of Pennsylva
nia, one of the republican leaders of the
Mr. Dalzell said after the interview that
the Investigation would unquestionably be
carried forward by a Joint committee, com
posed of from five to seven members.
I'resldent Taft has agreed with the lead
ers of the senate and house that a Joint
Investigation, open to the public, will be
the best means of thoroughly dealing with
the matter. '
adjourn out of respect to the memory of "" '"" H
Senator McLaurln of Mississippi. mc m inqiana mroug.i .ne ru.p.o,
ment or expert, rarmers ana tne neveiop
ClarU's Minority Program. f . . f f . fc m b ..
The program of the democrats In the of th. 0nmha. and the vinnebaoes. No
house at this session Is to keep down the ,n..nlM.t,. nf ,, ,r,no. hM
amount of the appropriation bills and to
vote against ship Bubsldy," said Minority
Leader Champ Clark of Missouri, today
"The house leaders are rushing everything
to get the appropriation measures through
and that subject and the ship subsidy
proposition seem to be about ihe only
two things that are to be taken up. We
are opposed to the ship subsidy bill. We
favor a river and harbors bill. I look, for
adjournment of congress in April, certainly
by May I"
ever been contemplated ny tne Indian
offloe. Such changes as have been con
templated have been toward making It
easier for Indians of both tribes to trans
act their business, and these changes win
be put In force on January 1, as planned
with Superintendent Kneale In general
charge of the two reservations, Superin
tendent Pollock giving his entire time to
the Omahas as formerly.
Superintendent Pollock left Washington
this morning for Macy, Neb. Mr. Mc-
Conihe, representative of the Indian office
on the competency commission, left yester
day for the same place. This action, It Is
George I.. Homtuer, Claim Clerk of believed, will meet with the unanimous ap
KANSAS CITY. Dei. 28. Although Iden
tlfler at different times at the body of
John Whitehead of Carthage, Mo., and
Harry. McConnell of Grand Island, Neb.,
the corpse of the slain man found In ' a
brush pile near Kansas City, Kaiu, Sun
day night, lies unidentified tonight In a
Whitehead's brother-in-law, Trellus Hen
dricks, who found the body, today Identi
fied it, as that of his relative. Hendricks
had never seen Whitehead, but he was
convinced of the identity on account of
the resemblance of the dead man to a
photograph of Whitehead in his posses
Immediately following the identification
the police began a lengthy cross-question
Ing of Hendricks and his wife. While the
Interrogation was in progress it wa
learned that Whitehead was alive and well
at his home.
The police said a short time before Hen
dricks identified the body that an arrest
wuld be made In a few hours. Now they
are at sea and say they do not know how
Articles found in the dead man's pockets
first led to the belief that he was Harry
McConnell.: This proved erroneous.
DOG BITES "MERRY WIDOW"
'Pat" Turns on His Own Mistress at
Auditorium Poultry Show.
BULL PUP TERRORIZES PEOPLE
DROPPED DEAD IN PRIVATE CAR
Black Hills Are
Isolated by Snow
Trains Are Blocked and Mines Sus
pend Work Until Drifts
PEADWOOD, P. D.. Dec. f8.-tSpeclal
Telegram.) The heavy snow which has
fallen during the past twelve hours, ac
companied by high winds, haa rendered
railroad traffic In this part of the state
temporarily Impossible. No ore trains
can get through and the mines have sus
pended work until the drifts are cleared.
No trains are expected In from outside
points until tonight, and the Pierre pas
senger train Is stalled between here and
Burlington, Suffers Para
KANSAS CITY, Dec. 28. George L. Ro
masser, chief claim clerk of the Burling
ton railroad in thlB city, suffered a par
alytic stroke and (fled on the private car
of J. P. Cummlngs, general superintend
ent of the Burlington, today as the train
was neartng this city from Maryville, Mo.
Mr. Komasser had been attending a holi
day family reunion at Maryville and he
was surrounded by a number of the merry
makers who bad attended the reunion
when he was stricken.
STEVENS HELD FOR MURDER
Formally 1'harftrd with Killing;
Darld G. Mackensle at I.e
Bean, S. D.
ABERDEEN, S. D., Dec. 28. At his pre
liminary examination at Selby today, B. T.
Stevens was held for trial for the murder
of David G. Mackenzie at Lebeau, S. IX,
two weeks ago. He was brought back to
Aberdeen to awart the next term of Wal
worth county court. .
Stevens claimed self-defense, hut Intro
duced no testimony at the preliminary
trial. Mackenzie was the son' of Murdock
Mackenzie, a wealthy cattleman of
Police Invade Chinatown
in Effort to End Tong War
CENTRAL1A. Ii: Dec. 2S.-Kour shol
fliers were killed In a dust explotioii,
eausvd by a "windy" shot In mine No. &.
two miles south of here early today. The
explosion liniiK'iied ? feet from the cuge
landing at the 700 foot level.
The trae'k was oin awny and the work
ings badly damaged. The mine has been
In operation one yeMir. The dead are of
foreign birth. Charles Carlson, one of the
dead, ".ost two relatives In the Cherry. III.,
NEW YORK, Dec. 28. Scores of detec
tives and uniformed patrolman were sent
into Chinatown toduy to check, If possible,
the outbreak of the Tong war. In which
one Chinaman has been killed within a
few hours and another mortally wounded.
Police Captain Galvln stated that the
new assassins, known In the Tongs as
"gur; men," were sent here from Boston
following the recent legal execution there
of five Hip Sing Tong members, who were
convicted of killing several On Leong
Tong men, and that their mission was re
venge. Low J una, the 76-year-old man whose
body was riddled with bullets last lilght,
was the treasurer of the Four Brothers
society, a western Tong, which haa taken
a part in the war, making It three-sided.
The Four Brothers are supposed to have
brought a large sum of money to this city
for the purpose of employing "gun men"
to kill enemies.
Lu To Fong, the younger Chinese whe.
was shot three times, was Low Jung's
assistant , and companion. He said that
four men suddenly brcke In the room and
commenced firing. The police found Low
Jung's Iron ironey safe and removed It to
a police station.
Fearing thut the newest assassination
will lead to open hostilities, all Chinamen
are being searched for weapons.
proval of all the Indians and allay any
feeling of unrest which has resulted from
their misunderstanding of the plans of th
Abbott Talks of Ontlook.
Assistant Commissioner Abbott, a Ne
braskan, by the way, who Is developing In
unlooked for ways as a champion of the
Indians and at the same time realizing
That new occasions demand new duties, Is
Insistent the Omaha Indians An not under
stand the true situation as to the so-called
Talking to The Bee correspondent, Mr.
Abbott said thre were no changes contem
plated so far as consolidation was con
cerned, which were worthy of dlsrurslon.
The only consolidation contemplated is
simply an administrative change which will
make It possible for the Indian office to
carry out the Industrial program which has
been planned at considerable expense and
solely and absolutely for the good of the
"Tho most Important thing In my mind,"
Slid Mr. Abbott, "which could interest the
Omaha Indians is the question of getting
their land and farming It so well or better
than the best whlto farmers could farm It
to raise more grain, more hogs, more cat
tle, to milk more cows, raise more chick
ens, sell more eggs and butter. Of course
this means toll and perspiration for the
Omahas, but this, in my Judgment, la their
only road to self-respecting, independent
"The best Indian as well aa the best white
man Is one who does the moat honest, most
intelligent, hardest work In some useful
occupation. The Independence of the Omaha
Indians from their white creditors Is along
these lines and It will be the aim of the
Indian office to place the Indian on a foot
ing with tho best white people and the sug
gestion of the Indian office has been
along a Una to make these conditions pos
sible." Mr. Abbott said Mr. Pollock, Mr. Kneale,
Mr. Conlhe, Mr. Marble and every clerk
of the agency, be believed, was a friend
of the Omaha Indiana and would do every
thing Individually and collectively to carry
out the Industrial program which has been
planned for the good of both the Omahas
and the Wlnnebagoes.
Chairman Burke of the. house committee
on Indian affaire la working on the draft
of the Indian appropriation bill, which will
Now to Alliance
New Company Completes line Which
Will Give Omaha Connection
with Box Butte County.
ALLIANCE. Neb., Dec. 28. (Special Tele
gram.) The Wehn Telephone company,
which has Just completed a line down the
right-of-way of the new Union Pacific
line from Bridgeport to Ogallala today an
nounced that It haa opened up the first long
distance telephone circuit for 'Alliance,
giving this city connection with North
Platte, Grand Island, Fremont, Lincoln
and Omaha. When the line Is completed
In detail, a similar connection will be made
with Denver and other Colorado points.
This company Is now In the field, and is
composed of John Wehn, a banker who
has a string of banks in the newly opened
up territory, and is managed by B. Me
hlrter, a pioneer telegraph builder of this
city, who recently resigned after more
than twenty years continuous service with
the Burlington. -
Jnst a Friendly Scnre, That's All
Exposition Grows in Popularity
v -.awttd- -laawe.' 'Crowds
"The Merry Widow" . was bitten by her
Own dog at the show of the Nebraska
Kennel club at the Transmlsslssippl Poul
try show at the Auditorium Tuesday after
noon. She had gone to the show with some
of the young, women of the company to
see "Pat," but he was a little excited at
so much furore and snapped at her. "Pat'
Is all swelled up with a new fiery red
blanket. Some of tho young . women of
"The Merry Widow" company took up
collection to buy some roses with which
to decorate the bench on which Pat sits
before the admiring gaze of the thousands
who attend the show. They changed their
minds, however, and bought a red blanket
Crowds are Increasing at the Auditorium
Dog and poultry shows alawys draw large
crowds In Omaha, for both dogs and
chickens seem to call for admiration, espe
cially when they are of such high degree
as are shown" at the Auditorium. Good
Judges say that the class of entries at the
show Is the highest of any show ever held
In the west. The raising of the entrance
fee has had the effect of forcing the ex
hibitors to select their best birds and to
leave the scrubs at home.
Judging has begun at both the chicken
and dog shows. Karl Bhurman, recog
nized as one of the best bench Judges of
the country, began his work last night,
a special Judging ring having been built
In the middle of the kennel exhibits. Some
of the poultry classes have already been
Judged and visitors may tell the prize
birds by the blue ribbons.
Several dogs at the show refuse to take
kit dly to the large number of visitors who
pass the benches. One especially, a pit
bull, Is housed In with a red blanket and
haa a large sign, warning of danger.
Bulldog- Causes Commotion.
Superintendents of the kennel show had
an Interesting time Tuesday noon. A
ferocious looking pit bull with a muzzle
was entered by a Japanese. The dog was
placed on the bench without trouble, but
soon there was an awful commotion and
the big' bulldog was seen scooting across
the room with bench and all attached to
his chain. The dog had been sold to the
Japanese to drive the rate from their
restaurant. He Is more of a man eater
than a rat eater and soon showed his
(Continued on Second Page.)
New Senator Once Had
Big Reward on His Head
MEMPHIS, Tenn., Dec. 28. A special to 10,000 v. as offered for his capture. Colonel
((Continued on Second Page.)
the News-Sclmltar says:
Sought at one time by the authorities
i nder a S10,(kO reward for his capture,
dead or alive, for his alleged conspiracy
in the murder of a president of the United
States and now appointed as a member
of the legislative body of that county is
the strange experience of Colonel James
Gordon of Okolona, who has been named
United States senator by Governor Noel
as successor to the late A. J. McLaurln.
Mr. Gordon was one of several confeder
ate leadera suspected of being In con
spiracy with J. Wilkes Booth to kill Pres
ident Lincoln. He escaped arrest and prob
ably death only by the Intervention, It la
slated, of a Yankee colonel with whom he
had crossed swords In a fight In Virginia.
During th earlier years of the war Colo
nel Gordon had forme an Intimate friend
ship with Booth, and after the assassina
tion of President Lincoln the reward of
Gordon went to Canada and It was several
months after the close of hostilities before
he found It safe to return home.
Ixirlng one of the campaigns in Vir
ginia Colonel Gordon had crossed swords
with the colonel of a New York cavalry
regiment. Both were wounded In the con
flict, but they afterwards became fast
Colonel Gordon wrote a letter to this
New Yorker denying that he had any
part In the, conspiracy and stating that he
desired to return home. The former foe
took the matter up with General Dloks,
then In command of the array forces In
New Yprk, and the latter sent him a pass
port and an Invitation to come to New
York and , surrender, which he did. He
afterwards satisfied General Dicks that he
knew nothing of the Lincoln conspiracy.
Ha took the oath of allegiance and ' re
turned to bis home in Chloasaw county,'
where ha haa alnca resided.
Tenth Annual Convention of State
Barristers Not All Harmony.
PRESIDENT BR0OAN TAPS STREAM
Opening; Speerh Denis with "Xntloaal
Lawmaking'"' Speaker Refers to
Criticism of liar and Ilench
and Ilapa at Statutes.
The legislative committee of the Ne
braska State B;ir association desires to he
discharged. The glslatlve committee has
that pained feeling which cornea when
earnest efforts do not seem to be appreciated.
The committee reported yesterday after
noon four propositions designed to favor
expedition In litigation and ti obviate tho
law's delays. The bar association voted
every recomendatlon down.
Headed by C. C. Flansberg of Lincoln,
the committee made a gallnnt fight for Its
measure and the flow of unpaid oratory
throughout the afternoon lacked nothing
n quality or quantity because opponents of
the planned reforms were not slow to del
iver lengthy answers.
The first proposition rejected was a rec
ommendation that the American Bar as
sociation be Indorsed In Its atand on action
of appellate Judges with regard to error
In the record of a trial. The American Bar
association thinks the appellate Judges
should be permitted to disregard error un
less this error Is found to bo prejudicial.
Thoe In favor of-tlie plan say It will per
mit the disregarding of trivial technical
errors In a trla'. In lower court.
Clash Over Second Plan.'
There was a battle royal over recom
mendation No. 2 led by Ralph Breckinridge
and Carl Wright of Omaha on either side.
The proposition la that trial Judges should
be required to make a finding as to
whether the errors asserted in motions for
a now trial are or not prejudicial.
Like proposition I and II and IV later.
this recommendation was voted down by
the bar association.
Proposition No. S concerned itself with
oral Instruction of Juries and No. 4 rec
ommended that appeals shai be taken
within thirty days and filed In the supreme
court together with tho original papers In
the case within sixty days.
The legislative committee Includes W. M.
Waring; of Lincoln and A. R. O La an of
Whmpr, besides Mr. Flansberg., After tho
discussion of and exaoution of these- reconw
mendatlons the association adjourned for
the afternoon. Last evening Visiting law
years were 'entertained at a smoker at
the Commercial club given by the Omaha
association. The meeting was altogther in
formal and there were no speeches.
This morning another hot fight wi'l come
over the question of tho adoption of tho
code of ethics, recommended by the Amer
ican Bar association. The association be
gan Its session yesterday with the annual
address of President F. A. Brogan.
President llronan's Address.
President Brogan spoke on "Rational Law
Making" and referred first to thu criticism
which Judicial and legal procedure has
been ireceivlng recently In great quantity.
Mr. Brogan declared that the position of
attorneys with respect to change In pro
cedure can be divided into three kinds, the
ultra-conservatives, the radicals and the
man "who would abolish a particular rule,
without any consideration of Its relation
to other rulea and practices, and without
any sclentlflo study of the needs of tho
system as a whole.
The speaker denounced all three and as
serted that "the only way a legal aystem
can be kept alive Ib by undergoing the
usual phenomena of growth and llfo
whereby dead and obsolete parts are re
jected and cast away and new and living
members grow up to replace them."
Attacks Bank Onaranty.
' Mr. Brogan in the course of his address
fired a few fervid remarks at the Ne
braska bank guaranty law and again at
the Nebraska anti-trust statutes. Concern
ing the latter he said:
"I am aware that I am treading on deli
cate ground when I suggest that the multi
tude of statutes for the suppression of
trusts and combinations In restraint of
trade have not been enforced, not simply
because the men who organize and profit
by the trusts are powerful and resourceful,
and certainly not because the courts are
either corrupt or inefficient. It Is rather
because such legislation litis Ignored nat
ural causes, and has run counter to In
dustrial and commercial growth.
instead or inquiring into the causes
which have led to these fundamental
changes In our method of doing business.
we have pretended, but with very doubtful
sincerity, to outlaw them from their In
ception. Instead of making Intelligent and
sympathetic study Into their nature and
their causes, and providing such rational
legislation as would give to the public the
benefit of whatever good there may he In
them, and guard ugalnNt their evil use by
selfish or designing men, we have been
proceeding upon the empirical and Irra
tional plan of decreeing their destruction In
response to the demands of political theory,
"No doubt, In time, we will come to un
derstand and appreciate the conditions
with which we are dealing, and we will
devise means, and enact laws' whereby
the new Industrial methods, Instead of be
ing dangerous to the' puhlto welfure, will
be h amended and made docile by rational
legislation and compelled to servo tho
Humor In Nebraska Lin,
'The Nebraska statute on this perplex
ing question contains, wltn most uncon
scious humor, a naive confession of tha
irrational methods of dealing with Indus
trial combinations. Like the federal law
and the laws of most of the states, It makes
the mere existence of a trust or monopoly
or combination to control trade In a par
ticular commodity, a criminal offense pun
ishable by fine and imprisonment.
"One of Its sections furnishes the law
officers with an Instrumentality for the
suppression of the crime, whereby such a
combination may be excluded from contin
uing In business. But In the first Instance
it Is provided that It may not be excluded
until it baa been twice convicted of be lug.
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