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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 4, 1910)
The Omaha , Daily Bee
THE OMAHA DEE
Iforg to th homos U read by the
women sells goods for advertisers.
WEATHER FOB EC AST.
For Nebraska Pnow.
For Iowa Partly cloudy.
For weather report see page 2.
VOL. XXX IX NO. 150.
OMAHA, TUESDAY MORNING, JANUARY 4, 1910-TEN PAGES.
SINGLE COPY TWO CENTS.
AT WHITE HOUSE
President Hears Protests from Heads
of Railroads Against His Ideas
oa Commerce r -illations.
STANDS BY 1. -, CIPLES
s Only Minor Changes Wi.
CONFERENCE LASTS TWO He
Objection is Made to Any Regulation
at This Time.
Mcssaare Will he Divided Into Two
Pnrts, Anll-Truat Section Gon to
( ongreu Thursday and Hall
road flection Friday.
WASHINGTON, Jan. 8. Following a
. fi.roncon conference v.lth presidents of
six of the great railroad systems of the
country, President Taft late this afternoon
announced a chant?"" of program In the
vsendlng of his message dealing with lnt?r
L it.ste commerce and anti-trust law amend
ments to congress.
The message will be split into two parts.
The section dealing with the trusts will
be sent to congress at noon Thursday. The
section dealing with the Interstate com
merce lw. In which the railroads are di
rectly Interested, will be deferred until Fri
day noort. The president's special message
on the conservation of natural resources is
expected to be ready for congress next
A short time after the railroad presidents
bad left the White Hours It was announced
that the president still hoped to have tils
message ready for congress on Wednesday.
It had been his original intention to treat
together the two subjects of Interstate com
merce and anti-trust amendments. It was
said lute this afternoon that the message
would probably receive greater attention
if divided Into two parts, neither of more
than 4,000 words.
Will Make Few nutn.
As a result of the call of the railroad
presidents, It was said that only a few
verbul changes would be made In the draft
of the message dealing with the Interstate
commerce law, 'and that these would be
only to the end of clarifying the meaning
of the recommendations. '
President Taft found the railroad men
most considerate In presenting their views.
While deprecating the Idea of any legisla
tion at all at this time when they de
clared conditions In the tall road and in
dustrial worlds are righting themselves
after two years of more or less depression,
they did not seek to deter the president
. from .sending In his message. They de
' voted themselves to more or less specific
obJ.'CtlQPs tn- th WW prepared by Attorney I
, General VVleUei sham which forms the text
of Ihe message. The president, it is de
clared, will not attempt to force the Wlck
ersliam or any other bill upon congres..
He wJH say In his message that such a
bill has been drafted and has been placed
at the disposal of the appropriate com
mittees of the senate and house. The rall
ri'.i'l piesidents themselves admitted that
their objections to the4 proposed amend
ments to Uie Interstate commerce act were
general In their application to all of the
IHortran Arranges Interview..
The president, however, has made his
position clear to J. P. Morgan, In a. brief
Interview before breakfast last Friday
mornlnK. Mr. Morgan In turn arranged for
today's Conference and advised the rail
road men to confine themselves to sugges
tions of amendments rather than an attempt
to Influence the president as to his general
course. Mr. Taft has let it be known he
will not only' make recommendations for
change In the law, but he expects con
gress to adopt the suggestions at this ses
sion and thus carry out the promises of
the republican party as written in the
Thone who attended the conference to
day were Presidents McCrea of the Penn
sylvania, Yovctt of the Union Pacific and
other Harriman lines, Brown of the New
York Central. M lien of the New York,
New Haven ft Hertford. Bner of the Phll-
adnlphla & Reading and Flnley of the
The railroad presidents brought Lewis
Cass Iedyard of New York with them
- general counsel. Attorney General
Wlokcrsham represented the legal depart
ment of the government.
Holding of Other Stocks.
One of the changes which President Taft
:greed to make In his recommendations
has to do with the language of the pro
posed amendment prohibiting a railroad
from acquiring stock In any competing
railroad In the future or from holding stock
In a competing railroad after a given date
It was claimed that the wording of this
proposed amendment was such that It
might ba held to apply to lines like the'
New York Centtal and the West Shore,
The latter Is and for many years has
been a New York Central line, serving
virtually n an overflow trackage system
on the vt. rn shore of the Hudson river.
l lie law as PiesUlettt Taft will suggest
It, will provide that wherever a railroad
owns to) per cen or more of the stock of
another It m acquire the remainder.
in is, n ii vui(i, wuuld afford a measure
of protecuou to minoi'lty stockholders, for
If the railroad owning the majority stock
should be pivhlhlttd from acquiring any
mora the minority stockholders would lose
their only probable purchaser. Where
lallroad holds le than the majority of
stuck in another line, however, it will be
provided that it can acquire no more
coining in me lniei state commerce
amendments will be so drawn as to legal
ise In any way the holding of stock In a
competing line where the holding of th
stock tuuikk into violation of the anil
I trust law.
Muiiuntri Make Many Protests
The railroad presidents were listened to
attentively by the president for more than
two hoiiis. He had been Informed In ad-
vence and taken for granted many of the
objection that they would make and he
piactk'iiity l:.(oinied them that while their
view would be given every consideration
In the flinl wording of the message h
Could not alter his basic recommendations.
The proposed Interstate commerce court
of five members to consider appeals from
the Interstate Commerce commission, with
an npnta! only to the supreme court of the
United States, was particularly objected to
by tha railroad representative. They de
Continued on Second Page.)
"Empties" Gets '
Interstate Commerce Commission Dis
- misses Complaint of Pabst and
(From a Staff Correspondent.)
WASHINGTON. Jan. 3. (Special Tele
pram.) The Interstate Commerce commis
sion today dismissed the complaint of the
ebst Brewing company and the .loscph
Schlltx Hrewlng company apalnst the Chi
cago, Milwaukee &St. Paul, road, whereJn
complainants alleged excessive charges on
shipments of "supply ber packages" from
Omaha to Milwaukee.
The supreme court todav dismissed for
want of Jurisdiction the case of the First
National bank of F.sthervllle, la., against
the city council of Ksthervllle, sitting as
a board of equalization and review. The
case grew out of taxing pertain shares of
bank stock over and above what the bank
held was their face value. Throughout the
litigation, the bank has universally got
the worst of their contention and now the
supreme court says it has no Jurisdiction
which was the Judgment of the supreme
court of Iowa.
S. W. Clark of Redflcld, South Dakota.
attorney general of the state, who has
been here several days upon business be
fore the Interior department, wes todav
admitted to practice before the United
states supreme court.
Attorney General Clark, and O. C. Dak
ken, state superintendent of schools and
publlo lands, have been In Washington
several days In consultation with Secretary
nalllnger and the commissioner general of
the land office relative to land selections
In forest reserves taken from the state of
Messrs. Claik and Daltkcn left for home
tonight experessing themselves well satis
fied with their conference with Secretary
Balllnger and Commissioner Dennett re
garding their states claims.
Mrs. Nellie Richardson of Lincoln and
her daughter, Miss Florence Richardson of
Des Moines, la., arrived In Washington to
day from Boston, where they have been
spending the holiday season.
Representative Latta nnd Mrs. Latta to
gether with their guests, Dan V. Stephens
and Mr. P. Stephens of Fremont, who have
been spending the Christmas holiday on
the t-anal zone, have arrived In Washing
ton. Mr. and Mrs. Stephens after a brief
rest In Washington will return to their
Postmasters appointed were: Nebraska
Clinton, Sheridan county, Harry L. Jacobs;
vice A. A. Strong, resigned; Somirford,
Custer county, Margaret W. Pierce; vice
J. Pierce, resigned.
South Dakota Snoma, Butte county,
Hiram H. Hall; vice H. T. Summers, re
signed. Rural carriers appointed: Nebraska
Leigh, route 3, Gerhard Asche, carrier; no
Iowa Deep River, route 3; .Thomas L.
Lemon, carrier; William R Dooman. sub
stitute. IndJanola, route t. John R
Barker, carrier; Earl R. Barker, substitute.
Laurel, route L George, W. .RelfschrjeMrr,
carrier; no substitute. Route 2, Karl E.
Buhrow, carrier; he substitute. ' '
Civil service examination will be held
January 2) for rural carriers at Berlin,
Bloomfleld, Dunbar and Scott's Bluffs,
Asserts Dr. Cook
Will Appear and
Prove His Claim
Brother of Explorer Says Detractors
Will Have a Pretty Bill
NEW YORK, Jan. 3. William L. Cook,
brother of Dr. Frederick A. Cook, de
clared that Mrs. Cook had joined her hus
band and that he was in communication
With them. Mrs. Cook la believed to have
the explorer's original records of his North
pole quest in her possession.
'Dr. Cook has by no means abandoned
his Intention to prove conclusively, de
spite the verdict of the Copenhagen uni
versity, that he reached the North
pole," said his brother, ' and his detractors
will have a pretty bill to pay.
'The talk that Mrs. Cook is estranged
from the doctor and that she contemplates
a suit for separation with large alimony is
unwarranted. Mrs. Cook Is standing by her
husband and will continue to do so. Just
now she Is of immeasurable comfort to
htm and together they are planning and
working for the future.
"I have positive Information that Dr.
Cook and his wife will publicly appear to
gether and that then there will be a great
change In feeling. It may be only a few
weeks and it may.be months before they
appear publicly again. That all depends
on how long It requires Dr. Cook to fully
substantiate his claims."
Mr. Cook declined to say whether Dr.
and Mrs. Cook were In this country or
COAL FAMINE AT S. U. I.
I'nlvrrslty Will Not Ones Tuesday
. Because of Fuel Short
age. IOWA CITY, Ia Jan. .-The Iowa State
university will not reopen tomorrow on ac
count of a shortage of coal. The entire
supply, which is being used to heat the
university hospital, will last only eighteen
Trying to Live
Name, Which is Fortunat
Fortunat Cepuder believes In the Chris
tian name given him in hops'" he would
live up to it, by his parents In Austria,
Hhen he was christened.
In pursuit of his parent's desire to have
the fickle dame tt his beck and call,
Fortunat came to America, and here
ll.cught the best thing he could do to
attain his object would be to become an
American clttsen. Uo be took out first
pspers. Then when ths due time bad
elapsed, he made application to be ad
mitted to the full rights and privileges of
a citizen of lh United States.
. All this happened In Omaha.
An opportunity to oorral the nimble and
eluulve dollar dawned on Fortunat's horl-
Financial Magnates Join Hands in
Triple Combination of Trust
HUNDRED AND FIFTY MILLIONS
Guaranty, Fifth Avenue and Morton
Companies are Merged.
MORTON CHAIRMAN OF BOARD
Alexander J. Hemphill Will Prob
ably be Chosen President.
Surplus Will Consist of Like Amount
and Large Stock and. Cash Divi
dends Will he Paid to Stock
NEW YORK. Jan. 3.-J. Plerpont Mor
gan, Thomas F. Ryan and Levi P. Morton
linked hands in New York today in a
Trust company merger which unites re
sources of $150,000,000. It Is triple combina
tion, bringing the Guaranty Trust com
pany, the Morton Trust company and the
Fifth 'Avenue Trust company, all of this
city, under one head, with the title of the
Guaranty Trust company. The merger
is, perhaps, the largest of Its kind In the
Directors of all three companies met to
day and Informally approved the terms of
the merger, which will be put In more def
inite form on Wednesday, when another
directors' meeting will be held and the plan
ratified by the stockholders, although a
formal vote on the matter will not be
taken until later.
Levi P. Morton, who Is president of the
Morton Trust company and the Fith Ave
nue Trust company both known as Morton-Ryan
concerns has consented to act as
chairman of the board of the merged com
panies, for which no president has as yet
been selected. The name of Alexander J.
Hemphill, vice president and acting presi
dent of the Guaranty Trust company, has
been mentioned for the position, however.
Terms are not Disclosed.
This new move In finance follows the re
cent absorption of the Guaranty Trust
company by the so-called Morgan Interests,
but upon Just what terms the merger was
made was not disclosed today. The Guar
anty Trust company was organised in 1891
and has total deposits of more than 388,
000,000. The Morton Trust company, which
was formerly the banking house of Bliss,
Morton tt Co., was organised In 18S9.
Thomas F. Ryan Is vice president. Its de
posits aggregate more than $45,000,000. Like
the guaranty Trust company, Its .capital
and surplus are $2,000,000 each.
The Fifth Avenue Trust company,
founded ten years ago, is one of the better
known uptown financial institutions. With
a capital and surplus of l,O00,0wJ each it
has pa'ld very ..Jargie jlfvtdenils of 'recent
years. The capital stock of the new com
pany will probably be fixed at $5,000,000,
with perhaps a l'e amount for surplus. It
is believed that the merger will involve
large stock and cash dividends 'to tha
shareholders of the three companies.
Offices In Financial District.
The present headquarters' of the Fifth
Avenue Trust company will be retained as
a branch of the combined companies, while
larger offices will houi e the combined
companies in the financial district.
It was rumored that the Morgan interests
had acquired the holdings of Thomas F.
Ryan In tho Morton Trust company, but
no statement on this point was obtained.
. IS FOUND GUILTY
Ernest S. Powers, Member of Mabray
Gang, Given Prison Sentence
DENVER, Colo., Jan. 3.-Ernest L.
Towers, the former Denver university
student, who was found guilty recently of
defrauding a Denver man out of $13,700
through a "fake' foot race at Council
Bluffs. Ia., was sentenced today to from
two to seven years In the penitentiary.
Judge Whltford scathingly rehuked the
young man for what he had done to the
disgrace of "his fine family, his promlneiu
and respected father and his beautiful
ROOSEVELT PARTY AT H0MIGA
Colonel Kills Bull Elephant with
Tusks Weighing- Hundred and
HOMIGA, Uganda. Jan. S.-The Amer
ican naturalist expedition arrived here to
day and reported all well. While In camp
at Kislngo Colonel Roosevelt killed a bull
elephant which had tusks weighing 110
The expedition will leave tomorrow for
Butlab, twenty-seven miles distant.
LITTLE GIRL PLAYS WITH GUN
Daughter of II. II. Rottlngbouae,
Seneca, Kan., Is Instantly
ST. JOSEFH. Mo., Jan. S. A special to
tho NewB-Press says that while playing
with a loaded rifle-, at Seneca, Kan., today
the 5-year-old daughter of H. 11. Rotting
house placed the muzzle In her mouth and
her 3-yuar-old brother pulled tho trigger.
The little girl waa instantly killed.,
Up to His
sor. In the direction, where dawn Is due
to appear. So he moved to Des Moines
where he now Uvea
Hearing that there had arrived in Omaha
Theodore F. Sen mucker, chief nalurlazla
tlon examiner of the Department of Com
merce and Labor, Fortunat came to Omaha.
It took Judge Day, Mr. Schmucker and
Dputy Clerk Steere one full hour to ex
plain to the candidate that he cannot be
admitted to citizenship In Nebraska when
be Is no longer a resident of the state.
It Is greatly feared that Fortunat really
des not understand It yet, and when he
does get admitted, one of Ills first acts
will be to apjty to the courts for per
mission to change his name
From the Cleveland Plain Dealer.
JOHN D, JR., ON GRAND JURY
Son of Oil Magnate at Head of White
JUDGE MAKES HIM FOREMAN
Millionaire Offers Plea to Be Ex
cused, but Court Will Not Listen
to It Investigation la
NEW YORK, Jan. S.-John D. Rocke
feller, jr., was today sworn In as foreman
of a grand, jury, the special mission of
which will be an Investigation of the so-
called "white save traffic."
When Judge O'Sulllvan observed Mr.
Rockefeller's name among those drawn
for the special grand jury he immediately
asked him to assume the foremanshlp.
Mr. Rockefeller begged to be excused,
pleading 111 health and a stress of personal
'We have a very v Important inquiry to
pursue," said Judge O'Sulllvan, "and I
believe that you owe the community this
Mr. Rockefeller withdrew his excuse and
he was sworn Is as foreman.
He will meet with the special grand Jury
each week day during the month or until
tha body la ready to make Ita report to
the court. , , , . -
Judge O'Sul'.ivan In ht address to the
grand Jury directed that the white slave
traffic be thoroughly Investigated.
"It Is not enough that we should await
federal action or seek new legislation," he
said. "The existing law Is adequate to
punish specific offenses. If you find that
active agents .In the commission of any of
these offenses have been acting under
the direction of others or that others have
directly or Indirectly procured the com
mission of any offense, such persons are
equally guilty as the active participants.
And ihe fact that such other persons are
not or were not at the time within the
state of New York does not deprive you of
NEGROES TO BE NAMED TO
TAKE CENSUS OF RACE
Both White and Colored Enumerators
Will be Appointed In Parts
WASHINGTON, Jan. 3.-Predlctlng that
the coming count will show approximately
10,000,000 negroes In the United -States, di
recting that negroes be selected to count
their race In those enumeration districts
where the blacks muster two-fifths or
more of the population, and requiring both
white and negro enumerators In many
southern districts to preclude negroes from
enumerating whites, "Census Director Du
rand today Issued general instructions to
"Negroes doubtless can obtain the Infor
mation required from their own race more
accurately than white enumerators," says
Mr. Durand. "I do not consider It desir
able, however, that In the fcouth negroes
should be. authorized to enumerate whits
NEGRO CLAIMING CITIZENSHIP
ORDERED BACK TO ENGLAND
Convicted of Crime In South Africa
He is Held I neligible to
LONDON, Jan. 3. A negro who claims
American citizenship is an unwelcome
guest of the Union Castle Steamship line
at Southampton pending the outcome of
diplomatic negotiations between the United
States and Oreut Britain to determine his
nationality. He was deported from South
Africa after he had been convicted of a
crime and Berved a sentence In a British
prison. He was returned to New York,
but was refused permission to land there
as he was unable to satisfy the authorities
of his American citizenship. He was sent
back to Southampton.
Are the Christ
mas bills coming in?
Would you like
to know an easy way
to pay them.
Up in the attic nre some
things you don't use. They
are good, but no use to you.
You may believe you can't sell
them, but you are wrong. Othcv
people do, and so can you.
A little want ad. w ill do it.
Write out the ad. Bring or
telephone it to the Bee office.
Telephone Douglas lit
Keeping Up His Studies
Cold Wave on
Way, Worst of
Forty-Four Degrees Below Up in
Canada, Twenty-Two' at
WASHINGTON, Jan. S.-Out of the
northwest is coming a second cold wave
whloh weather bureau officials promise
will spread during the next thirty-six
hours over the entire country east of the
Mississippi, except eastern Florida.
Appearing In the extreme northwest to
day the arctic-like wave Is attended by
tha coldest weather of the season in that
A temperature of 44 degrees below sero
showed on the thermometers at Prince Al
bert, Saskatchewan, early today, and aero
temperatures were reported from the north
ern plains states, the northern Rocky
mountain region an the northern portion
of the plateau region.
ALLIANCE, NebhJan. 8. (Special Tele
pram.) The thermometer dropped to 22 be
low zero here this morning, making It the
coldest record of the season. Twenty-four
below was reached at Edgemont and 34 be
low at Sheridan, Wyo.
"There are no indications for a radical
change ln: the 'temperature here for a day
or two." Is the assertion of Weather Fore
caster Welsh. "We may have snow to
in Train Wreck
Burlington Train No. 44 Goes in Ditch
at Mullen, Neb., But no
Lives are Lost.
Burlington train No. 44, eastbound, was
ditched by a broken rail at Mullen, Neb.
at 1 o'clock yesterday morning and tho
private car of Superintendent W. M. Weld
er.hamer of Alliance, In which he was rid
ing with Mrs. Weldenhamer, was thrown
fifty feet from the track. One other "dead
head" car followed. No one was seriously
hurt, but It was necessary to break Into
the car to extricate the Imprisoned official.
The train arrived In Lincoln fourteen hours
"A wreck of the same train occurred In
Montana Saturday night, when three
women were killed at Oxford In a head-on
collision with a freight train.
Supreme Court Knocks Out Measure
Passed by Minneapolis City
WASHINGTON, Jan. 3.-In an opinion
by Justice Day the supreme court of the
United States today held to be Invalid the
ordinance adopted by the city council of
the city of Minneapolis, Minn., In 1907, re
quiring the Minneapolis Street Railway
company to sell six tickets for 2E cents.
The company fought the ordinance on
the ground that It was a violation of. the
contract applied In Ha charter, which Is
sued in 1873 was to run for fifty years and
which authorized a charge of S cents for
each ride. The United States circuit court
for the district of Minnesota declared
against the ordinance and Justice Day's
decision sustained that finding.
Twenty Thousand Miners Idle.
LONDON, Jan. 3. Twenty thousand"
miners are idle as a consequence of the dis
pute over the eight-hour act which became
effective January 1. The men at the few
collieries which are still active have given
notice that they will quit.
Farmers Not Making Big
Profit on Beef. Says Wilson
WASHINGTON. Jan. 3. "We have al
ready discovered that the farmer Is not
getting the exorbitant profits out of the
beef he raises," said Secretary Wilson of
ths Iepariment ot AgrcuDure in dlsousslng
the high prices ot food supplies today.
"I have no doubt," he continued, "that
the same conditions prevail In moat other
lines of farm products. The Department
of Agriculture has agents In every state
and every county and they have been or
dersd to report on ths cost of production
and the returns on sale of food products.
As fast as we receive these figures we will
compare them with the prices the asms
products bring In the cities where they are
( )m is .
M'COIG RILLED FOR MONEY
Murder of Falls City Man at Kansas
City Result of Conspiracy.
FOUR PERSONS UNDER ARREST
Ward, Mower and William Nelson
Charged with Murder -Alice Bar
ber and Bert Boyd Held
KANSAS CITY. Mo.. Jan. J. Ward
Mower and IWlllam Nelson were arretted
by the police of Kansas City, Kan., today
charged with the murder of Nell McColg,
a restaurant keeper of Falls City. Nch.
McColg's body was found In a clump of
bushes Just across the Kansas state line
on December 27. He had been shot, cut
wtthl a knife or hatchet and then beaten
and kicked to death. Robb-ry followed the
murder. About 31,500 was taken.
Mower's confession led to the arrest. He
also named Mrs. Alice Barber, McColg's
erstwhile sweetheart, of this city, as a
party to the crime. Bhe and 'rtert Boyd,
a boarder at her home, are held ponding an
Investigation of the confession. Nelson
also boarded at Mrs.- Rarber's home.
Mower, who Is' a cook, also from Falls
City, made a thrilling statement. He ac
cused Mrs. Barber of planning a robbery
of McColg-, who was her guest. Mrs. Bsr
br jwato administer, a drug to McCol j
but this plan failed. Mower says, so he and
two men. one of whom was Nelson, In
velghled McColg to the lonely spot, where
ho met his death. Mower denied he had
a land in the actual killing.
Nelson shot McColg and thin so frightened
Mower that he ran away from tho scene
of the murder, he says When he returned
to the Barber home and met his two ac
complices In the crime they denied they
had got any money from McColg. A quar
rel followed and Mower went to his horpe.
There ho tried to dispose of some notes
hi' had taken from McColg's grip while at
the Barber home, and his arrest resulted.
Mrs. Barber denounces Mower's story as
false and insists on her Innocence.
Cure for Cancer
Found at Manila
Medical Society Reports Discovery of
a New Treatment by
MANILA, Jan. 3. A conditional and pre
liminary report of what Is hoped will prove
to be a successful treatment for cancer
was presented by the Manila Medical society
today. Tho treatment consists In making
i the patient immune from the further prog
ress of the disease by the use of vaccine
prepared from. his own cancer.
A number of patients who apparently
had been cured were exhibited before the
society by the originators of the method
TENNESSEE MAN KILLED IN
DUEL WITH MOTHER-IN-LAW
Slxt-Flve-Yenr-OId i Woman Comes
Out Best In Fight with
"" " ""
DRESDEN, Tenn., Jan. 8. Clarence Car
ney faced his 66-year-old mother-in-law In
a revolver duel last night and was killed.
The mother-in-law, Mrs. Sarah Griffith,
had met Carney In the front yard of a
neighbor to discuss a quarrel of long stand
ing. The discussion became heated, re
volver flashed- and Carney fired three
times at the age. I woman.
Although one bullet struck her in the hip,
producing a serious wound, she stood her
ground, firing five times before her son-in-law
sank dead to the ground. Mrs. Grif
fith was arrested.
About a year ago Carney's wife com
mitted suicide by drinking carbolic acid.
consumed. We will then make the fact
'We Intend to bring out the truth. Irre
spective of whom It hurts or whom It bene
fits. I am convinced that ths public i
compelled to pay a great deal mors for
neatly everything It cats than It should.
There Is, however, ample excuse for Some
of the Increase in the cost of living. Farm
ing area is not keeping pace with demands
for foodstuffs. Ths cities seem to have
more attractions for the laboring man than
tha fural communities.
"The horde of Immigration, as well as
the ever-Increasing native population, must
be fed and the farmers are expected to
furnish the food."
Mttz Brothers' Ercwing Company
Wins Test Case on Appeal in
RESUME OPERATIONS TODAY
Concerns Affected Will Return Again
to Making Beer.
OPPOSITION ANNOUNCES APPEAL
Anti-Saloon Lcagrie Will Try Again
in Higher Court.
RELATION OF LAWS, ISSUE
(ilbnon Act Declared to lie Independ
ent of Slorumb Act, by Judge K
telle In Handing llowi
The Issuance of a liquor license to ihs
Meta Bros.'s Brewing company by the Fire
and Police Board of Omaha was sustained
In the test case before Judge Kstrlle In
district court yesterday afteftioon. The
lawyers for the Anil-Saloon league an
nounced that they would at once appeal
to the supreme court and declared th.it
they hud the greatest confidence of suc
cess. The brewing company's attorneys de
clared that their company would resumo
operations at oner. In that the Meta
Krcs.'s case was a test proceeding, tho
other brewing companies of tho city will
probably Immediately resume opera;lons
when licenses are granted. The Board ot
Fire and Police Commissioners will meet
t 11 o'clock today to consider their
Tho contest began last week, when the
Fire and 'Police Board, by agrooment to
make a test case, granted a license to the
Metx Bros.'s Brewing company, over the
remonstrance and objection bf the Antl
Saloon league that the brewers were not
entitled to licenses on the ground that they
had violated the law by the retail sale of
The argument In this case was long and
exhaustive, ending at 6:45 o'clock after
two hours of animated debate.
Kffect of Revocation.
Attorneys for the "brewers contend -d
that the attempt to revoke the license of
the brewers and refusal to reissue them
would become a punishment under the
Slocum act, the general act controlling the
liquor traffic; but that any offonsa that
might have been committed, If there had
been any, would properly oome under tlio
Gibson act. The Anti-Saloon league law
yers responded with an argument to the
effect that the Slocumb act comprehended
and included the Gibson act, and that any
Infringement of the Gibson act would mean
4 violation of the ganer&l act of which U .
was a part. . . . . ' " '
J. P. Breen made argument In behalf of
the breweries.. Johrt C. Cowln, also an St- .
torney for the brewing companies, made
the closing ' argument In rebuttal. There
were ten lawyers for the brewing com
panies present at the hearing.
The Anti-Saloon league Mas represented
by L. D. Holmes. W. R. Patrick and El
mer E. Thomas.
"We are to appeal to the supreme court
at once from this decision," said Mr.
Holmes, "and we are almost positive of
success In that appeal."
Relation of Two Laws.
"The whole question really to be set
tled." said Judge Estelle In rendering his
judgment, "Is whether this Gibson act Is
incorporated In nnd becomes a part of tho
Slocumb act, or whether the Gibson law
Is a separate and Independent act. If a
part of the Slocumb act and Incorporated
In It, the breweries would be liable to suf
fer any penalty attached to the Slocumb
act. If a separate and Independent act
for and In Itself, and one that could stand
by Itself, If the Slocumb act were re
pealed, we would have to look to this act
as to what Would be visited upon a vio
lator, and I rather think that this Is the
Judge Estelle then referred to his pro
nouncement of last woek, saving that he
realized Its significance to the breweries
when he made It, but that the question of
relation between the Slocumb net and tho
Gibson act had not then been brought up.
"My conclusion and final view Is," con
tinued the Judge, "that the Fire and Pollco
board shall bo sustained In the granting
of a license to the Mots Brothels Brewing
11 A MM
Ht. Paul Brewer Only tine Doing
Business In Omaha ow.
Just one breweiy company In Omaha at
present has a license to sell beer. That
Is the Hamm Brewing company of Ne
braska, recently Incorporated. Last year
the license of this company was In the
name of the Theodore Hamm Br?wlnir
company of St. Paul. Hence any violations
of law that may have occurred, under the
Glbt-on law, could not attach to tho new
Incorporation. Taking cognizance of this
state of facts, as presented by Hamm's
attorney, the fire and polio board aranted
the Hamm llcer.se to sell beer at wholesale
at Douglas and Eleventh streets.
Meantime the brewcrlet of Omnha havs
suspended operations and hundreds of men
are out of work. If tho court order refuses
any license, the breweries will be unul.-le
to sell beer even to saloons.
WIFE OF FORMER PRESIDENT
FINDS REFUGE IN ALMSHOUSE
Benora llarrloa, Wife of Former Holer
of Uaateuiula, Blind and
NEW ORLEANS, Jan. 3-From a palace
where she presided as first lady of the
land to an alms house refuge such Is the
fate which has overtaken Honora Alngeia
Barrios, wife, of a former president of
Guatemala. With an almost complete. Im
pairment of her vision, penniless and with
out means to earn a livelihood, Sin'ira
Barrios knocked for admittance, at the
Touro-ShakcHpture alms liouse litre New
Her husband, Jose Maria Reno Barrios,
wei atsnsalnated a short time after his
accession to the presidency. Ncnora Bar
rios then went to Europe, where she re
maned for some time. The fortune which
she Inherited from her husband was dis
sipated through mismanagement of thosa
In charge of It, she asserts. -
For several months shs ha lived uer
scurely In New Orleans.
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