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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. SIX MAGNATES 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. Several Section. in CONFERENCE LASTS TWO He Objection is Made to Any Regulation at This Time. PRESIDENT CHANGES PLAN 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 Monday. 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 amendments. 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 Chicago platform. 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 " Southern. 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.) Dispute Over "Empties" Gets ' Thrown Over Interstate Commerce Commission Dis - misses Complaint of Pabst and Schlitz Companies. (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 South Dakota. 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 Nebraska home. 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 substitute. 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, Neb. Asserts Dr. Cook Will Appear and Prove His Claim Brother of Explorer Says Detractors Will Have a Pretty Bill to Pay. 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 abroad. 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 hours. 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- MORGAN, 'MAN' AND MORTON Financial Magnates Join Hands in Triple Combination of Trust Companies. 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. CAPITAL FIVE MILLIONS Surplus Will Consist of Like Amount and Large Stock and. Cash Divi dends Will he Paid to Stock holders. 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 United States. 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. FOOTRACE SWINDLER . IS FOUND GUILTY Ernest S. Powers, Member of Mabray Gang, Given Prison Sentence at Denver. 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 wife." ROOSEVELT PARTY AT H0MIGA Colonel Kills Bull Elephant with Tusks Weighing- Hundred and Tea Pounds'. 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 pounds. 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 Killed. 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 4e From the Cleveland Plain Dealer. JOHN D, JR., ON GRAND JURY Son of Oil Magnate at Head of White Slave Probe. JUDGE MAKES HIM FOREMAN Millionaire Offers Plea to Be Ex cused, but Court Will Not Listen to It Investigation la Important. 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 business matters. 'We have a very v Important inquiry to pursue," said Judge O'Sulllvan, "and I believe that you owe the community this duty." 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 Jurisdiction." NEGROES TO BE NAMED TO TAKE CENSUS OF RACE Both White and Colored Enumerators Will be Appointed In Parts of Sooth. 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 supervisors. "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 families." NEGRO CLAIMING CITIZENSHIP ORDERED BACK TO ENGLAND Convicted of Crime In South Africa He is Held I neligible to Land. 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 Present Season Forty-Four Degrees Below Up in Canada, Twenty-Two' at Alliance. 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 region. 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 night." Superintendent 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 late. "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. Six-for-Quartcr Ordinance Bad SmVHbBBBMBb Supreme Court Knocks Out Measure Passed by Minneapolis City Council. x 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 on Suspicion. 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 Vaccine. 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 Revolvers. "" " "" 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 public. '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." BREWERIES TO GET LICENSES Mttz Brothers' Ercwing Company Wins Test Case on Appeal in District Court. 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 Ilia Decision. 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 licenses. 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 beer. 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 case." 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 company." 11 A MM HAS I.0. IS Mt'Kwnn 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 Penniless. 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 Year's day. 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.
