The Omaha Daily Bee
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VOK XXXIX-NO. 14H.
CONSERVATION
MESSAGE NEXT
President Taft Says His Policy is
Action Rather Than
Declarations.
REAL VOKX 13 OUTLINED
First Real Conservation Statutes Will
be Placed on Books.
WELL HOT WAIT ON INQUIRY
Ballinjcr-Penchot Controversy is Not
Factor in the Problems.
BILLS ARE NOW BEING DRAFTE1
Proposed Measures Will He Snbmltter
to Both I'noirii Alone With
Presidents Ileeoinmpiidn
tlntm. ..WASHINGTON. I). C. Dec. 29. "Acts
rather than declarations."
President Taft I rcportid In thin terse
way to have described recently to a caller
his program for the conservation of nat
ural renmirceM. The president. It Is said,
haa- (1 dared that when the present session
of rongreis end he will be able to point
to the first practical conservation statute
ever placed upon the law books of the na
tion as his answer to the criticism which
has bevn directed toward the White
House.
Without waith.g for the Balllnger-Ptn-chot
investigation. Mr. Taft soon will be
gin the preparation of hla promised special
message on conservation and he has re
ceived assurances from both houses of
collar, ss that while some trouble may bo
expected In Ihl lower blanch, the legisla
tlon which the . j
be made Into ii
Journmi nt.
The prttUKi'.. .
the position
BallliiKi r-l ii i. -Ins
li u l. .. ..
lie v . i proceed i
. jr.lti. cf
te utlve Will HURgOSt Will
urur! the spring ad-
, . . r s nud as, taking
... .j Id nothing In the
i .i. puio that has a bear
....in alive program and
gurdltss of It.
Proposed Um,
.he preparation of his special mes
,iiu president will have the co-opera-i
Secretary Ballinger and Senator
. .1 of Minnesota chairman of the
: . . u committee on public lands. It Is
i.h.i lud that In the constructive work of
needed legislation the president has had
to depend almost wholly upon Mr. Bal
linger, who has been at work for several
months on the draft of proposed statutes
that will meet the Intricacies of the
vexed problem of practical conservation
and embody the president's views on this
important subject. These proposed new
laws are ready to be submitted to the
committees of the set t' and houe along
with the special mesJe. the preparation
of which the president will begin aa soon
as lie gola .the. nveage.tU.th interstate
and anti-trust laws "out of the way.
Koine Hostility In House.
In the liuUBfa i..ui'd is likely to be some
opposition, but trie 'president eels sure It
can be overcome and that the laws will
stand approved before the summer comes.
White House callers who have talked
with President Taft on the subject de
Scribed him as believing that he will best
prove his friendship for the "Roosevelt
policies" of conservation by putting laws
on the statute books that will actually
carry these policies Into effect.
The real problem to be solved is how
best to dispose of the public lands con
taining water-power sites, coal and phos
phates. Such lands have been withdrawn
from entry under the general land laws,
tout they cannot be held Indefinitely and
there Is no specific law governing their
sale or lease.
It la generally admitted that the forces
must be developed, that the tout and phos
phates must be taken out by private capi
tal, and yet there must at the same
time be safeguards against monopoly.
These are the intricacies with which con
gress will have to deal.
Would Strengthen Federal License.
The announeement made yesterday 'that
President. Taft had determined to go ahead
with his executive program and send in a
message dealing with the Sherman anti
trust uut. brought an unusually large
number of congressional, callers to - the
While House today. Among these was
Representative Martin of South Dakota,
himself th.- uuthur of Bevrral bills desig
nated lo bring corporations under federal
control.
Mr. Jhini tin uryed the president to make
rei'onnr.endatioitii btrongi r as to federal
license so us to p; ovule that any corpora
tion not l-.kl.lj advantage of the lic.nsj
'." wll.'in a ) n,i rhu.l ho prohibited from do
Ins an In.e.st.uo biuinese. air. Martin said
he fiated that under tho voluntary Idea
tho geeul "trusts' Would tuke out 1. censes
while the bad "trusts" would continue to
ilo business under state authorizations. ,
DtvlBlit Promises) Subsidies.
Urpresentatlve Dwight of New York,
republican "whip" of thu house, talked
with the president for some time today
ubout snip subsidy legislation. On leaving
lie asserted, that the president's recoin
tnendutlon would be eiuuied Into law by
congress and that the house would act
soon after assembling. The bill of Kepre
' mutative Humphrey of Washington Is the
one that has been agreed upon by the
presldi lit and the republican leaders.
KepiVrentallvti Dwight declared that
democratic opposition to the ship subsidy
bMl would nut retard the passage of the
m.asuiv tu uny drgree.
ce.leukate centenary
ok Gladstones birth
l.lrfci;tra from Many States la
liuroiii Join In Service at
Yrt'.ilustrr.
LONDON, Dec. The centenary of
ti e birth of Ytil.'u:u Kwart Gladstone was
fomniemornted to. lay, not only in the land
of his birth, but In countries Ilka Greece,
the Balkans and Armenia, whose peoples
y ill cheiUh the memory of the statesman's
f vxertlons In their behalf.
Many foreign delea-ales. representative of
rlnlatid, Russia, Holland. Bulgaria, Greece,
ServU. Armenia and other states Joined In
services which were held at Westminster.
At lUwardcn, where Mr. Gladstone died on
May 1 '. l'S. and at other points throughout
the country largely attended meetings were
he:.l.
The statue of Gladstone In The Strand
was fairly hidden beneiua floral offerings
that hr.d cyme from all parts of the world.
wnlie Ills tomb In Westminster Abbey
was covered with tributes Including a large
solid sllvr wreath rejeivtd from the gov
ernment of Bulgaria.
Irrigationists
Lay Plans to Get
Appropriation
Western Congressmen Meet and Name
Committee to Draft Bill for
Ten Millions Yearly.
(From a Staff Correspondent.)
WASHINGTON, Dec. 29,-Spccial Tele
gram.) Representative Mondell, chairman
of the committee on public lands, this
afternoon assembled In hi committee room
a number of representatives to discuss Irri
gation affairs. Thore were nearly twenty
if presentutlves from so-called irrigation
states, among them being Representatives
Kinkaid of Nebraska and Burke of South
1)"' ta.
'e no concerted action was taken a
Men was appointed to be added to at
Tf- ng tomorrow looking to drafting a
in mil iiiuviuc mi annual niiuu-
outright or through bond Issue of
1 a to carry to completion various
I projects which have already been
si
foh
flers have been appointed as
r .
Ne. ,-i oncord. route 1. Elmer L. W'll
mar .r; T. M. Carroll, substitute.
Frem .,- route 3, Genjamlne H. Moller,
carrier; Clinton E. Nelson, substitute;
Madison, route 3, Harry E. Itynearson, car
rier; no substitute.
Iowa Cambridge, route 2, William R.
Kirk, carrier; Clinton Kirk, substitute.
George G. K tinier has been appointed
postmaster at Artas. Campbell county, S.
D.. vice A. A. Ludwig resigned.
Bids were opened today at the Treasury
department for the construction of an ex
tension to the public building at Beatrice.
The bidders were W: G. Campbell, Lincoln,
Neb., tto,47o; Hazcilou & W'alin, Chicago,
$47,000; P. M. Hennessey, St. Paul, Minn.,
$47,935; General Construction company, Mil
waukee, $10,500; Northern Construction
company, Milwaukee, $50,340; Northwestern
Construction company, Wauketon, N. D.,
$53,000; J. H. Welse, South Omaha, $'4.872.
John B. Routhall of Manchester, la., has
been appointed fish culturist at Fair
Point, la.
Elmer V. Greggs of Ames, la., has been
appointed steam engineer in the Interior
department.
Miss Helen B. Robertson of Independence,
la., and J. J. Dickson of Aberdeen. S. IX,
have been appointed clerks In the forest
service at Missoula, Mont.
Henry C. Haynrs of Iowa, a postofflce
Inspector, has resigned.
Kills Waitress
in Dining Room
Indiana Man Then Commits Suicide
with Same Gun Love Af
fair Cause.
PERU, Ind., Dec. 29. A man that had
registered at a hotel u L B, Lenhart of
Chtcago shot "and "killed' Dora Chappell
and then killed himself In the dining
room of the hotel soon after noon today.
The woman, who was a waitress, bent
over Lenhart to take his order for din
ner. Lenhart put his arm around her and
drew her close to him. Suddenly with
his other hand ho drew a revolver and
shot the woman in the (breast.
Lenhart then shot himself In the heart.
There were no other guests in the dining
room.
Lenhart registered at the hotel yester
day afternoon. To several persons he
aid he was a deputy United States mar
shal, making Inquiry about a government
matter.
An examination after the shooting ex
posed letters in the man's coat pocket ad
dressed to Roy McKenney, Indianapolis,
Ind. Lenhart, or. perhaps, McKinney, was
about 23 years old.
Dora Chappell was 18 years old and a
graduate of the Peru High school.
INDIANAPOLIS, Dec. 29.-The man that
shot Dora Chappell in the dining room of
the Bears hotel at Peru, Ind., at noon
today was Roy McKinney of this city.
McKlnney's father and mother said he
nnu wie unappeu girl rell in love with
each other when she was employed here.
Her father separated them and McKinney,
they said, declared he would kill her and
himself.
MUDGE MAY HEAD LEHIGH
Humor that President of Roek Island
la Slated to Surreed
Thomas.
NEW YORK, Dec. 29. Wall street heard
from railroad sources today the report that
E. B. Thomas, the veteran president of the
Lehigh Valley Railroad company had
Placed his resignation In the hands of
the board of directors and that H. U.
Mudge, head of the Rock Island system,
was being considered as his successor.
The Moore-Reld Interests, controlling the
Rock Island, recently acquired a large
amount of stock in the Lehigh Valley. The
report of Mr. Thomas' retirement la not
confirmed.
Sore Mike Sees
Ahead of
"What will happen when the mayor, the
city engineer and the councllmen all want
to use that automobile at once?"
Sore Mike asked the question of City
Clerk Butler, who Is supposed to keep
official tab on the new automobile the
council has decided to buy.
"That Isn't worrying me," replied But
ler. "What I'm guessing about Is what
will happen when election time rolls
around? Who Is to have first call on the
machine then? Anybody else can have It
the rest of the year, so far as we demo
crats are concerned. Joy riding Isn't our
stunt, except possibly In Texas and Flor
ida; but with a campaign on here In
Omaha, I can see possibilities In that
auto."
City Englnetr Craig Insists that tha
machine to be bought Is Intended strictly
for business. Among councllmen, however,
there Is a tacit understanding that Mayor
Dahlman and the council committees are to
have access to the new machine as the
need arises.
It Is understood that Hummel. Bur
inelsur and Behroeder will make requisi
tion for It during the Baengerfest next
sumimr. Many prominent Waeht am
Rhlners will be here at that time, and If
the German members of the council don't
help to entertain the will lose a chance
MORSE IS DENIED
ANOTHER TRIAL
Only Technical Legal Shadow Stands
Between Ice King and Federal
Prison.
LAWYER AKS WRIT OR ERROR
There seems Little Frobabilty That
This Will be Granted.
JUDGES H0GH REVIEWS CASE
Says Affidavits Submitted Do Not
Justify Another Trial.
CHARGES AGAINST JURORS FAIL
Allegation That Ther Were Drunk
Darin Progress of Trial In Not
Sustained Judgment Af- .
firmed b y- All Court.
NEW YORK, Dec. 20. Only a technical
legal shadow now stands between Charles
W. Morse, banker and one time Ice king,
and a flfteen-yfnr sentence In the federal
prison at Atlanta. Judge Itou?h in the
United States circuit court today denied
his motion for a new trlnl, but Martin W.
Llttlelon, his counsel, announced that one
more stand would be taken. Tomorrow he
will move In the circuit court for a writ
of error on Judge Hough's decilon of to
day. If this Is denied Morse will bestn u
New Yenr serving his sentence for viola
tion of the national banking laws, the su
preme court of the United States having
previously refused to Interfere In the case.
Mr. Littleton's recent application for a
new trial for Morse was made on the
ground that the Jury was Impropirly
guarded and that some of the Jurors drank
to excess during the trial. With respect
to this charge the court hold that the fact
that the Jurymen were In the custody of
Becret service men lnsfead of regular dep
uty marshals was well known to both
counsel and Jurors when the trial began.
The court also notes that mofe than a
year has elapsed since Morse was con
victed and sentenced, and that the Judg
ment had been affirmed by the Unl el
States circuit court of appeals and a writ
of certiorari had been denied by the
United States supreme court.
Judge Hough's Memorandum.
"So far as the record of these affidavits
show," says Judge Hough's memorandum.
"there was nothing concealed or furtive
about tho appointment of these men and
It has not been urged that merely because
they were not regularly on the marshal's
staff they were Ineligible for selection."
As to the drinking charges, JuJge Hough
says that "legislation must advance a good
deal before a prisoner may claim to be en
titled to a Jury of teetotalers, in New York
at all events."
Judge Hough points out that It was by
direction of the court that the Jurors be
permitted to lead their "usual live," and
that the affidavits submitted by Morse'
counsel showed merely that during the en
tire trial only twenty bottles of liquor and
soma Individual drinks had been consumed
by the Jury.
"And It is not pretended that any one
was at all Intoxicated," adds the court.
"All parties agreed," the memorandum con
tinues, "that no liquor was served to the
Jurors after the case had been given to
them.
"The same Juror who wan depor.ed for
the defendant as to the drinking habits of
the Jury," says the court, "Is by the de
fendant alleged to have been himself So
sodden with drink as to be incapable of
clear, cool and undisturbed Jungment."
Newspupc- Aoctints I'nblnsed.
As to the charges hat the Jurors were
permitted to read newspaw.-s with "hos
tile" accounts of the trial, JuJn Hough
said:
"This case was very dull; It took a l. ng
time to exhibit necessary preliminary
facts; the newspaper accounts were Incom
plete and Incorrect, but there is no evi
dence that they were hostile or biased, as
even probably to affect the minds of men
quite able to conserve their Incompleteness
and Incorrectness. Unless all reading of
daily Journals hy Jurors is unlawful, this
point requires no further consideration."
Mrs. Morse, who has remained constantly
loyal to her husband throughout his fight
for freedom, is greatly upset by the turn
of affairs today. If he must servo his sen
tence, It Is said that she probably will ac
company him south. Mr. Littleton's mo
tion for writ of, error on Judge Hough's
decision, however, acts as a temporary stay
of execution.
Larceny Charge Against Them.
YANKTON, S. D., Dec. 29. (Special.)
Andrew Peterson, John Van Voice and
Ole Nelson, all of this neighborhood, are
In the county Jail charged with grand lar
ceny for robbing the Crowe hotel of a
woman's gold watch, a purse of $24 and a
diamond breast pin, the property of Miss
Clara Crowe, daughter of the proprietor.
Peterson confessed and has Implicated the
others. The watch was recovered.
Throuble
Cir - T-I;." uto
to make good medicine. There
slons, too, when noted Irishmen and mu
sical Bohemians will come to town. Then
McGovern and Berka will be semi-official
hosts and If the city machine is not at
call things will be Bald in Gaelic and In
the language of classic "Prahue" that will
be Interesting It properly Interpreted.
Lee Bridges, democratic ltadi.r of the
city council, is a very active person at
election time, and Is understood to be
something of a "shawfer," as an engine Is
part of his contracting outfit. He can, on
occasion, start anything that happens to
need a little gingering up.
However, the council Is divided exactly,
six and six, beiween the parties. Hence
It becomes a question of very vital mo
ment who is to be named for city "shawfer."
The council will have the naming of this
employe finally, even If tho mayor insists
on sending la a name, and a very pretty
fight is expected a hen the time comes to
make the appointment. There are already
several prospective applicants, with Joe
Butler having possibly a slight advantage.
He has handled teams, Is familiar with
combutllble fluids througn his study of
Kas, and has no hair to sp ak of that
might get tangled In the machinery wIiIIa
repairs were btir.g made.
"Lady,
From the Cleveland Plain Dealer.
NINE BELOW COLDEST HERE
Lowest Temperature of the Season
Hits Omaha Hard Rap!
OTHER POINTS MUCH COLDER
Should Jaunty Little "llltO" Give n
Look-in Right ISott lie Would
Find More Clothing Verr
Comfortable.
Nine degrees below sero at V a, m. was
the authentic report of the frosty record
for Wednesday. And for persons going
nbrth a few degtees should be added on
account of the cutting character of the
wind from that point of the compass. While
there was a, gradual Improvement, the
mercury continued hours after below rero.
Temperatures were nearly stationaVy last
night, remaining at sero fnim 6 o'clock ta
7 and then gradually rising.
As the ordinary cltisen shoveled his
summer savings Into the furnace, his only
relief was to call back the memories of
sliding au naturel down a mud bank where
the sun scorched his spine.
Mayor Dahlman admitted the weather
Is cold enough for him, and there are peo
ple who assert he's the warmest broncho
in the corral.
Mayor the Furnaca Boaa.
"I hated to get up W. "morning," he
said, with a shiver, "because In my house
the long established rule is that papa
oa;es for the heating plant when he's o.i
the premises. I do not recall the exact
date, but am sure that some time away
buck I felt It Just as cold as this out on
tho plains. We thought the sun was froze
one day, and If we could get a glimpse of
him today he would undoubtedly have the
appearance of a chunk of steel blue ice In
a North pole snow hank."
"They can kick all they're a mind to,
today," aald Health Commissioner Connell.
"The warmer they make it for us on a
day of this kind the better we'll like It.
Even warm garbage might gain some
popularity If It would show up Just now.
But what's the use? Things always go by
contraries, and when we try the hardest
to be cool Is when we are the warmest."
Coal men and ice makeis are drawing
considerable consolation from the frosty
ether, and their solidity with the banks is
growing In exact ratio with the fall of
quicksilver.
MID-WKHT IS NIPPED- BY COLD
Twenty Below at Huron and Zero at
Kansas City.
KANSAS CITY, Dec. 29. Bitter cold
weather prevailed in the Mississippi valley
today, the temperature ranging from sero
at Kansas City io 20 degrees below at
Huron, S. D.
At Norfolk, Neb., it was 18 below zero.
Sioux City, la., reported 16 below, while
at Des Moines It was 12 below.
Central and northern Missouri experi
enced the lowest temperature of the sea
son, with 7 degrees below sero recorded at
St. Joseph and 6 below at Sedalla.
At Topeka, Kan., the mercury stood at
1 below zero. Thu coldest December 29 on
record at that point. At central and
western Kansas, however, tho weathtr
was mild, the temperature ranging from t
above at Concordia to IS above at Dodge
City.
Oklahoma did not share In the cold snap.
Coldest Weather of Winter.
LOUISVILLE, Ky., Dec. 29. Tne sunny
south from the Ohio river to northern
Georgia and Alabama today experienced
the coldest weather of the winter. Louis
ville, with a temperature of 6 above, was
'...e coldest city,', with Nashville a close
i second at S. Chattanooga reported 16 de-
I grees, Memphis 18 and Atlanta 22. Freezing
I weather is reported as far south as central
' Alubama and Georgia, with practically the
entire country covered with snow of vary
I ing depths.
' Tho condition Oi the Ohio river Is becom-
. g wors-i dally and river men are pessl
inl ,.lc. There Is not much Ice in the Louis
ville harbor at present, but this Is at
tributed to a big gorge which Is holding
It above.
The river Is frozen from Pittsburg to
Cairo and with navigation entirely sus
pended a shortage of coal Is anticipated
within a week unless the weather mod
erates. (oldest Spot la Winnipeg.
ST. PAUL, Dec. 2a. Extremely low tem
peratures prevailed today In Minnesota,
North and South Dakota and portions of
Manitoba, according to the local United
btatta weather bureau, but reports re
ceived from Montana, Saskatchewan and
Alberta Indicate warmer temperatures to
follow.
It was IS degrees below zero In St. Paul,
officially, while street thermometers reg
istered as low as 20 bjelow. Duluth re
ported It degrees below. The coldest spot
was Winnipeg, where It was 2S below.
Carl Zerralln Dead.
MILTON. Mass., Dec. 29 Carl Zerrahn.
one of the most noted musical conductors
in this country and for more than forty
years leader of the Handel and Haydn
futi.iy of Boston, died toduy, atfi-d Hi
years.
you've dropped your handkerchief." i 7i J
Offer by Roads
is Withdrawn at
Noon Wednesday
Strikers Make' No Move, Awaiting
Conference in Washington
Ticklish Situation in East.
ST. PAUL, Minn., Dec. 29. At noon to
day the offer of the northwestern railways
to abide by the Chicago wage conference
and to re-employ the striking switchmen
as fast as places could be found for them
was withdrawn as Indicated In the final
proposal made In their statement to Gov
ernor Eberhart Monday. Third Vice Pres
ident Slade of the Northern Pacific' said:
"That statement means Just what It
said. We have not changed our minds."
The strikers now are awaiting tho result
of the conference to be held tn Washington
on Friday between President Perham of
the railway telegraphers' union and the
members of the Interstate Telegraphers'
union and the members of the Interstate
Commerce commission.
NEW YORK, Dec. 29. Possibility of
trouble In the adjustment of the railroad
question on eastern roads loomed up today
with positive statements by officers of the
employes' association that they would de
mand restitution of the wage schedules In
effect before tjhe ctmimorclal depression of
two years ago. Eastern schedules must be
placed on a level with those In the west,
the leaders declare.
While it has been Intimated that con
cessions might be made by tne railroads,
the general Impression today Eeemed to
be, that in view of the firm stand of the
men, such concessions as the roads would
be willing to make would not satisfy the
employes.
Put Savages
on Reservation
Governor of Moro Province Advo
cates Separation of Southern
from Northern Philippines.
WASHINGTON, Dec. 29. Because 90
per cent of the Inhabitants of the southern
group of the Philippine Islands are barbaric
tribes of Moros, pagans or non-Christians,
savage in their instincts, fighting for gain
or revenge with a fanatical disregard for
death and are many years behind the peo
ple of the northern Philippines in intelli
gence and general civilization, Colonel
Ralph W. Hoyt. Twenty-fifth UnLed
States Infantry, the governor of the Moro
province, recommends that these Islands
be constituted as a separate government
and the natives relegated.
He advocates placing the southern
islands of Mindanao, Sulu, Palawan and
smaller adjacent Islands Into one division
to be called the Mindanao plantations.
Colonel Hoyt's recommendations are em
braced In a report which he has made to
the War department.
Colonel Hoyt recommends a government
for these Islands similar to tne one, now
maintained In Moro and . the occupation
and use of them by the United States as
eoallng stations and a naval base.
By placing the natives on reservations,
he says, a great part of the Islands might
be set aside for cultivation and made very
productive under proper administration.
Enormous Profit of Milk
Trust on Watered Stock
NEW YORK, Dec. 2J. The Investigation
into the so-called milk trust by Special
Deputy Attorney General Coleman was
Iven added Impetus today by a discovery
made by Marvyn Scudder, the accountant
employed by the state to go over the
books of the larger milk companies In the
city.
Counsel for the Borden Condensed Milk
company, controlling 28 per cent of the
fluid milk traded in this city, 'and the
Sheffield Farms-Slawson-Decker company
were engaged today preparing to meet the
analysis of Mr. Scudder, who placed his
findings before Referee Brown yesterday.
Mr. Scudder said the books of the
Borden company showed that more than
U,,0ou,0W of the 120,000,000 capital stock
represented "trade marks, good will,"
which the accountant said represented
nothing tangible In the way of assets. On
the company's capitalization a dividend of
( per cent was paid on the preferred and
10 per cent paid on the common stock.
Mr. Scudder said the books showed a
surplus of lg,!i24.2iM made In ten years and
Special Deputy Attorney General Coleman
Is preparing to ask the company that If
such profits are possible with milk at 8
cents a quart, what Justification was
there In raising the price to I cents a
quart.
BLUE RIBBONS .FLUTTERING
Keen Race for Prizes at Both Poultry
and Dog Shows.
CAPT. WHITEST0NE PROUD CANINE
Beautiful Setter Keep Up Pace In
Pointers' Class Omaha Panlcera
Win Prises In Poultry
Exhibit.
Captain Whltestone, the beautiful Better
owned by W. A. Pixley, swept the boards
at the dog show of the Nebraska Kennel
club In the pointers' class. This dog has
won many times In field trials and has also
made good on the bench. He had some
strong competitors, but managed to carry
off honors In all the classes in which
he was entered. The captain is a proud
member of the canine fraternity and has
the best decorated bench at the show.
. The Judges are working fast In the
poultry branch of the show and many
awards have been made. The birds seem
to bear their honors well and those with
the blue ribbons swell with pride as the
merry throng passes in review.
The vicious Jap dog has been placed In a
woven wire cage so he may not bs able
to-harm paesersby. - Ha Is as ferocious as
he looks and growls and snarls and bites
at the wire, trying to force his way out
to ma lje a light meal of some dainty mor
sel of humanity. lie Is, In truth, a man
eater.
Omaha Fanciers Capture Prises.
Omaha owners are doing fairly well In
capturing jjultry prizes, although the
competition from abroad is pretty stiff.
Omaha people have learned that they have
to have a pretty good bird In order to
carry home the bacon. Even the Mandy
Lee farm, with 3,000 beautiful whlto Leg
horns, was not able to win the first prize
for cock, although the farm took down
many other ribbons.
Several birds that were given away as
freshly hatched incubator chicks at last
year's show, are ready for the Judges to
decide which Is the best in order to take
down the 25 cash prize. Chickens are being
hatched this year In the Incubators and
are given away. These birds may be
brought back to the show next year and If
they win will be given a (25 prize and if
they take first prize the Mandy Lee farm
'has out a standing offer for the bird.
Competition Is keen tor prizes offered,
both by the Transmlssisslppl Poultry as
sociation and the Nebraska Kennel club,
for, after all, while the owners like to
have their pets placed before the admiring
spectators at the Auditorium show, they
really prize the ribbons and medals and
cups much more. The prize list ' In both
departments Is large and the prizes are
valuable and well worth the efforts of the
owners.
Exhibitors at the show are of two classes,
the raiser, who Is breeding fancy poultry
for profit, and the owner, who grows high
J grade stock because he loves the birds.
The same thing applies to the dogs, al
though the professional breeders are in
greatly less proportion.
Several high class dogs have arrived at
the show a little late because of the delay
in trains. , There are now nearly 2o0 dogs
at the show and there are surely some
beauties. Some of the larger classes of
dogs had been Judged earlier and the
others were Judged last evening, when
(Continued on Second Page.)
Mr. Scudder further showed that of the
Sheffield Farms company's capitalization
of ttOO.OOO more than 1300,000 was for "good
will, etc." The Sheffield company paid
16 per cent dividend last year and to date
this year 22 per cent on Us stock and Its
surplus was 1962,672, nearly double the capi
tal stock.
Enormous profits were shown to have
been made by the Alexander Campbell
Milk company at S cents a quart.
The Campbell company supplies more
than 1,000,000 bottles of milk every month
to Brooklyn families nd Mr. Scudder
showed that the net profits of the com
pany for the six months ending last June
were M8,RM, or at the rate of 26 per cent
on the company's capital.
With the purpose of refuting the asser
tion that the companies lost money sell
ing milk at 8 cents a quart, Mr. Scudder
eubmltted figures from the books of the
Borden company showing that during the
nine months of this year ending Septem
ber 30 last the company made a clear profit
on fluid milk and cream In New York
and Chicago of $1,078,772. This sum ex
ceeds by 8322.M7 the net profits In the same
branch of the business In the correspond
ing month of 1908.
Mr. Scudder showed that the net profits
of the Sheffield company were greatly in
excess la IW over 1908.
STATE LAWYERS
WANTREE0RMS
Bar Association Adopts Committee's
Advice, Choose Officers and
Then Hold Feast
CRIMINAL CASES ARE NAILED
Plan Provides that District Attorneys
Handle the Prosecutions.
STATUTE LIMIT FOR APPEALS
This Recommendation Aims at Civil
Cases in Certain Amounts.
OFFICERS CHOSEN FOR THE YEAR
Omaha Man to Serve as Secretary.
Treasurer Judge l.etton, In Ad
dress, Favors Jury System
Lawyer Dnnn Absent.
OmCIHJ OT STATS BAB.
President Charles O. Bran, Grand
Island.
Secretary-Treasurer A. O. BUlck,
Omaha.
Member Xxeoutlra Committee T. H.
Woods, Zilnoola.
Tho Nebraska State Bar association
found Itself In a more reformatory mood
yesterday than Wednesday and adopted all
tho recommendations of the committee 'on
procedure. AIfo the code of ethics sanc
tioned by the American Bur association
went through after two changes had been
made.
The action adopting the procedure com
miltio'e suggestions la In consldernbln con
trast with the knocking In the head the
reforms advocated the day before by the
committee on legislation received. More
over, the state bar association applauded
heartily all tho suggestions made by
Judge Letton of the supreme court and
Judge Letton was for reforming proced
ure, too, though ho put his plans In more
honeyed language than did C. C. Flans
burg and hla associates on the committee
on legislation.
Judge Good's committee made several
recommendations, the two Important ones
being that. Instead of county attorneys
conducting criminal prosecutions of Im
portance, district attorneys handle the
acses and the county attorneys be confined
principally to protecting the counties in
civil cases. Tho recommendation carries
with It a plan for the districting of the
state, and would be of most Importance
outside Douglas and Lancaster counties,
where tho district would be the same as
tho county.
The other recommendation Is that "ap
peals be limited by statute." This means
a recommendation that appeals In civil
cases be limited to those above a certain
sum, and that appeals for trivial amounts'
bo not permitted. ' '. ..
Another recommendation, by this commtl
tee has to do With filing appeals within
thirty days and making transcripts file
able In the supreme court within six month.
There was o lively fight over the reso
lution about district attorneys and the
plun carried by. a two to one viva voce
vote. v
The meeting then took up the question of
the canons of thlcs and at once voted
down section thirteen, which provides that
the courts may fix contingent fees. The
lawyers of Nebraska do not want the
courts to do anything of the sort and this
section was voted out and down in a hurry.
Words Cuuse Little Tilt.
There was a llttlo brush over certain
words In section fifteen and the displeas
ing line was eradicated. This line" forbids
attorneys to tell Juries that It Is their own
personal conviction that the cause they are
representing is a Just one. 'A fight was
made on section twenty-eight, which for
bids attorneys stirring up buslnoss. This
section Is aimed at "ambulance chasers,"
and attorneys who employ agents and pay
commissions for cases brought to them.
J. L. Kalcy rose and asserted "a lawyer
has as good a right to go (0 a man in
jured hy a street car or In a packing house
as has tho claim agent who is there to
wheedle the victim Into signing away his
rights. Such a victim ought to be told
that he has lights to preserve."
J. H. Macomber and others argued for
the section and It was adapted.
Following thu discussion of the code of
ethics the association heard a paper on
"A Citizen of the United Slates," by C. S.
Elgutter of Omaha. The Garfield paier
did not arrive. The association elected
officers for 1910 with unanimity and th: n
adjourned. The 1909 meeting has been well
attended and is deemed highly, successful.
Judge Letton's adili was made at the
morning session. He had read reports of
what the association had done to the rec
ommendations of tlie committee on legisla
tion and said he "felt like a recruit arriv
ing on the field bf buttle as the smoke of
conflict is lifting and while the wounded
and dead are being carried a ay."
But he offered no plan of hair-raising,
radical changes.
Defends Jury System.
Judgo Letton defended the Jury system
and said:
"I'd rather have a verdict on myself by
twelve fairly intelligent Jurors than by
twelve learned Judges."
The speaker urned that some concern be
manifested for the comfort of Jurymen
when tho case has gone to them, "and
that clean und sanitary quarters be pro
vided lnyte.nl of the usual lll-vcntilut ;d
rooms furnished with only cheap and un
comfortable chairs."
Judge Letton is firmly of the op nlon
that sleeping quarters ought to be pro
vided for Juries who may be kept over
right on a ense. The question of Jury
drawing was alsii discussed at some length.
Among Ju.'r'- Letton's auditors were hla
associates upon t!.o ruprc-me bench and nil
of the Justices held 11 veritable levee be
fore the morning f. .-psion ban. Mere
lawyers shook hands v.iih these Juil t s
with that fervor bern only of a
combination of old friendship nnd a de."!r
to stand well with those who will later
pass upon cases appealed from lower
courts. It was noticed, while there wra
many Omaha attorn- ys Joining In tho
levee, that I. J. Dunn was not of the num
ber. Lackawanna iltork Illuh.
NEW YORK, Dec. 2WThe directors rf
the Delaware, I.ackawunna & Western
Coal company today declared an Initial
quarterly dividend of 2 per cent. A quo
tation was obtained on Lackawanna coal
stock through an auction sale today and the
stock was found to bring more than four
times lis par value. Five chares of liia
stork, with a par value of J), were, sold
at $304.