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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 24, 1910)
The Omaha- "'Daily Bee
For Nebraska Snow; warmer.
For Iowa--Partly cloudy: warmer.
For wathor report fo pafre 2.
riati on to kiokt.
vol; XXXIX NO. 215.
0 MALTA, TIIUIiSDAY MORNING, FEI3HUA11Y 24, 1910-STXTEEN PAGES.
SINGLE COPY" TWO CENTS.
h WAIL UPON OIL
Indications that Supreme Court ii
Considering Anti-Trust Cases
SAME ISSUES ARE INVOLVED
ttandard , Company Will Present Its
A'.iruments March 14.
C0VIR3 ALL TRUST QUESTIONS
Range of Modern Industrial Organi
zation Embraced in These Cases.
SOME -JOINTS i OF DIFFERENCE
On Attorney Molds that flerlalon Mar
f Be A ical net Government In One
Case and la Favor of It
In the Other.
. jVASHINQTO.V, Feb. 23.-While the mi
' premn crurt of the United States has
vouchsafed no intimation on the subject,
It In generully supposed here that the
drclHlon In the case of the American To
Vacco company, which had already been
i argued before the court, will not be handed
down, at leant, until after the argument
In the cane of the Standard Oil company,
which In net for March 14. Attorney Gen-
eral WlckerHham, In his motion to advance
' the hearing of the latter cane, described
the two as essentially kindred, and sug
gested to the court that they be consid
ered together. , .
Uwyr here generally concur In the
statement made by Mr. Wlckershair! JLo the
court, that thesi two cases tog-ether pre
sent for Us consideration "practically the
entire fango of modern Industrial organ
' Ixatlons" in this country," and substan
tially every feature of the "trust question,"
so far as It falls within the purview of
the Sherman antl-truat law. Yet, they are
not precisely alike; Indeed, it in said that
In some particulars they are so dissim
ilar that the court might find n favor of
the government In one caae, and against
It n the other. .
A ' Points of Likeness.
Toe two oases are alike in that tb,ey
are proceedings in equity to enjoin allowed
violations of the law of the land neither
is In Its essence a criminal action; In
neither does the government seek to. pro
cur either Imprisonment of Individuals
or exemplary fines upon the defendants.
In both suts the oharges prectsed are those
all oping- unlawful combination and consplr-
cy In restraint of Interstate trade and
commerce, and continuing: monopoly, or at
tempted monopoly, of Important elements
In Interstate commerce. .
' The Standard OH company of New Jersey
of Its $100,009,000 capital Btock, over $57,099.
000 - was exchanged In ISM, according: to
xne government rigures, ror stock In nine
teen other corporations, engaged In the
various branches of the petroleum bus
ie American Tobacco company Is al
4 legd to be both a holding: and an operat
ing company. It la actively engaged In the
, tobacco business, runs Its own shops and
sells the manufactured products. In the
case of the Standard OH company, the raw
product Is to an extent produced by the
corporation. In that of the tobacco com
, btnatlon the raw material int purchased. '
While the Sherman law does not specifi
cally prohibit the organisation of holding
companies, the pupreme court declared
In the Northern Socurl ties case that the
, holding- company constituted on orgunlxa-
tlon In restraint of trade and commerce.
Charges In' Oil Case.
The fu-ernment charges that from the
time of the organization of the Standard
, OH company In 1ST.9, a monopoly was ob
' talned: that In fact for years rfrlor to that
a virtual monopoly existed had existed,
end that the various forms which the con
spiracy alleged against the oil 'company
has taken, have been merely adaptations
tVf the ohtniglng needs and conditions of
In the tobacco case, It is alleged , that
originally when the merger was eonsum
l mated in .1090, there was a monopoly only
the cigarette trade; the defendants
claim that the eontroi of the business theu
secured has since materially dwindled
The Standard Oil company, counael
have contended that the corporations
which In 1898 entered Into the agreements
complained of had long since ceased to be
competitors. In the tobacco case the de
fendants contend that their ots have been
confined merely to the acquisition of man-tSUeturlng-
property; that manufacturing
corporations are under no leal obligation
to compete the prohibition being against
speclfio agreements te suppress competi
tion; noncompetition as the result of the
( acquisition of property is. the defendants
i Insist, hot a violation of the statute.
. Differ nee In Char area.
Another difference between the two
cases lies In the facv that ye Standard Oil
company Is charged, with offense against
the Sherman law alone; the tobacco cor
porations are charged with offending also
the Wilson tariff act of 1S94. whic hex
tended the application of the antl-truat
law to any conspiracy in restraint of
trade. One party to which was at) Im
porter. ' Furthermore, the government is
seeking to establish the rule that a cor
poration entering Into an agreement
abroad which In purpose conflicts with
American. Uw gains no immunity from
ths fact that such an agreemftit U lawful
In the ofrelgn country.
It i( suggested that the commodities
handled by ths StnnOard Oil company may
, be more pmperlj called n...du.t..
life" than those dealt In by the tobacco
Moj'itr and Conspiracy.
Attorney Oeneral Wlckeraham in his ar
gument of the tobacco eaie expressed the
opinion that a different element would
enter Into the trsne In an abaolute neces
sity of ltiu, is distinguished .from one
that was not , necessliy. becue such a
commodity "was charged with a public
us, Just as much. If not more, than what
Is called public utility companies."
As the result of ths hearing In the cir
cuit i-uuvu inner difference were either
j.1 or became apparent.
1 the twhacco suit the court Jld Hot
find sufficient evidence to hold that there
wo a n. oik, poly In the tra.ie in iiuestion
although t lioidl that there a, a com
I'limt'ui) t real i in I of trade. jn trie
tJtitt.tlxnl vtl cus (he couit v. s unanl
diuub i i f Hiding tl'.ut there wr.s Mil Kiegal
1 1 1 ' . a p i ajaniou to t.-;fe bains- a
U. P. -Freights
.Make Slow Time
Vice President, on Witness Stand,
Concedes Other Roads Move
NEW YORK. Feb. 23.-Frelght train
speed on the Union Pacific was gone Into
at length today by Government Counsel
Severance, In examining A. L. Mohler,
vlc-presldent and ,,erioral manager of the
I nion Iwelflc, In the government strrt
to dissolve the Union Pacific-Southern Pa
Comparing tabulated figures, which the
witness said had been prepared by the
American Railway association, the Santa
Fe, Great Northern, Northern Pacific and
othos partly single track lines were shown
by the table presented to average much
better Ume than the Union Pacific, partic
ularly on the scheduled time of their green
fruit preferred trains.
"According to these figures, then," said
Mr. Severance, "the slowest time In the
United States !s made on the Union Pa
cific." "Yea, that appears to be so," said Mr.
The witness said the green fruit train
schedule wsa entirely satisfactory to the
shippers. He dropped a remark that there
was an agreement as to this.
' Mr. Severance Immediately became inter
ested. . -
"I'd be very glnd to learn something
about this agrtempnt," fte said.
Mr. Mohler said he had been Informed
by the Southern Par-trie officials that there
had been some sort of an agreement with
shippers, but Just what it was he did not
The much-discussed 54-hour train between
Council Bluffs and Ogden, which was
made a 100-hour train In 1907. was alluded
to by the witness, who saM congestion
of traffic had made operation at the orig
inal speed Impossible.
The witness then said the Union Pacific
had spent generously In Installing all sorts
of safety devices,
"That, of course, has been to our In
terest," ' he said. "The public is worth
more to us alive than dead."
Mrs. Vaughn Does
Not Think Poison
' Killed Husband
Wife of Professor Says if Strychnine
Was Found in Viscera it Was
Put There After Death.
PARIS. Mo.. Feb. 23.Mrs. Alma Vaughn,
through her .brother. Attorney David M.
Proctor of Kansas City, in a statement
Issued today, charges that if strychnine
really has been found in the" viscera taken
from the body of her husband Prof. f. T.
Vaughn, it was placed there after his death
by persons who had. personal reasons for
such actions. The statement says in part:
('Mrs. Vaughn believes , now, .as she did
then, and as the coroner's jury found by
their verdict on the second day of Feb
ruary, that Prof. Vaughn came to his death
from natural causes, and not by poison
administered either by himself or any one
else. She believes now, as then, that Prof.
Vaughn did not take any strychnine or
other poison Intentionally. , .
"She believes now, as she did then, that
Prof Vaughn did not at that time take
strychnine or any other poison by accident,
unless perchance through a mistake of a
druggist. But she now believes, as she has
at all times behoved, and as she will al
ways in the future believe, that no strych
nine was actually foupd; but. If found, she
believes now. and always will believe, that
It was placed) In the viscera subsequent and
not prior to Trot.. Vaughn's death,, at the
Instance of certain parties who necessarily
were and are vitally Interested In such a
result of the analysis." '
PEARY'S PROOFS CALLED FOR
Naval -Committee of House Wants
Official Notice of Discovery
' of Pole.
WASHINGTON, Feb. a3.-Peary8 proofs
that he reached-the North ptfle were called
for by the naval committee of the house
During his lasf. leave of absence from the
Navy department Mr. Peary worked under
the direction of that department. A mem
ber of the naval committee said today that
they had nothing more than "general re
ports" that Peary had reached the pole and
that the committee felt that It should be
furnished with something official.
MINE EXPLOSION. IS FATAL
One Man Bnrned, bnt Seventy
Four Others In Shaft
CENTRAL CITY, 'Ky.. Feb. 23-An ex
plosion of gas In the mine of the Iron
Mountain Coal company, three mllea from
here, today probably fatally burned Warren
Glbbs, a miner, but seventy-four rnen, who
with Glbbs comprised the day shift,
escaped with slight bruises. Ths mine Is
till on fire.
More People Enter Omaha
Y.vM.,C. A.Than Any Other
More persons enter the building of the
Onfaha Young Men's Christian association
in a single day than In any other associa
tion building In the world. The average
for the fiscal year shows an average dally
attendance of 1,700. the Twenty-second
street New York branch ranking second
On Washington's birthday S.085 men and
boys entered the rooms by actual count.
Of this number 4S0 were boys. The at
tendance was recorded ky A man In the
lobby armed with a pocket register. The
total attendance svould show slightly larger
figures If the attendance in the barber
shop were taken In consideration.
The young men rooming In the dormitory
gel In early that Is, most of them do.
Of the 144 men who live In tl.e building
all but fifteen were In before midnight.
The belated ones are men whose employ
ment keeps them out during night hours
or who arrived in the rty on late trains.
During the noon hour yesterday sot men
BIILS IN MILK
Eight of Sf it t of New
ALL CL jD WITH CONSPIRACY
Wholesale Price of Milk Fixed at
Fourteen Cents a Gallon.
ACCUSED MEN ABE PROMINENT
Number of Them Are Directors in
Several Other Corporations.
IMMUNITY BATHS FOR NINE
Directors Who Escaped Indictment
Testified for the State Penalty
Is Year In Prison and
NEW YORK. Feb. 23 -The so-called milk
trust was Indicted in New York today.
After a grand Jury Investigation extending
over a period of weeks, a blanket Indict
ment was handed down In' the criminal
branch of the stae supremecourt naming
eignt or seventeen directors of the Con
solidated Milk exchange, a New Jersey cor
poration and charging that they met June
'), 1909, in New York and conspired to
gether and with others to fix the whole
sale price of milk and did fix It at $1.40 for
a forty-quart can of milk,
j One year In prison and a fine of not more
than $.ri,000 or bo'th Is tho penalty for each
offense, which Is a rrfisdemeanor. Reneh
warrants were Issued for the eight di
rectors. They are Walter H. Comfort,
president of the Robert Reld Ice Cream
company, a director of the Aetna National
bank, the Delavan Consolidated Milk com
pany and several other corporations.
Thomas O. Smith of Thomas Smith &
Sons, Frederick E. Seller, a milk dealer
of Newark, N. J.; Daniel Bailey, a milk
producer; John A. McBrlde, a milk dealer
of Sussex, N. J.; Henry F. Huntemann of
tho Standard Dairy company; James A.
Howell of the Howell-Demarest Dairy com
pany George Slaughter of the R. F.
Stevena Dairy company.
Nine other directors of the exchange
escaped, indictment, having earned Im
munity by testifying before the grand Jury
and before the state inquiry into the milk
trade which Is still lit progress.
Tho Consolidated Milk exchange was
formed under the laws of New Jersey soon
after the supreme court of this state an
nulled the charter of jhe old milk ' ex
change, limited,. In 1S95. Today's Indict
ments are the first specific results obtained
by the state ince it began its investigation
of the mlltf- trade tn Greater New York.
A commlealoner appointed by' the attorney
general's office has been- holding hearings
on the matter at which' such, evldenoe was
obtained as to warrant Its being laid before
the grand Jury. .
Aftur returning the indictments the grand
Jury will continue Its stttitign to consider
further evldencoih the hands of the dis
the House Fly
Civio Association Begins Moving
Picture Campaign of Education
WASHINGTON, Feb. 23.-The common
house fly is the object of a nation-wide
crusade that was launched agair.st him here
today. A moving picture campaign of edu
cation In theaters throughout the United
States and In Canada was perfected by
enthusiastic men and women who 'have or
ganized themselves Into the special fly
flghUng committee of the American Civic
association. By the moving picture films
they expect to educate evervbodv tn th.
dangers of the house fly and transform th
population of the United Stttes and Canada
into an army that will make its Min.n
short. The committee has the following
iiirjiiiuci Biup ;
Edward Hatch, Jr.; New York, chairman;
Dr. Wooda Hutchinson, New York; Dr. D.
D. Jackson, New York; Dr.NAlbert Veer
Albany; Colonel John Y. Cuyler, New York;
Mrs. Robert S. Biadley, Boston; H. P. Kell
sey, Salem, Mass., and, Miss Caroline Bart
lett, Kalamasoo, Mich.
WOMAN DEAD, MAN WILLDlE
Rock Island Faucager Train Strikes
Street Car I Denver, Knock
In It Fifty Feet.
DENVER, Feb, 2S. On woman was
killed and a motorman was fatally In
jured In a collision here this afternoon be
tween aRock Island passenger train and
a street car. The train, aoln i e..n
speed, struck the street car, knocking It
fifty feet away and overturning it ,,.
the half dozen passengers, with the ex
ception of the one wpman, escaped - by
entered the main lobby. This would be at
the rate of six every minute. Between 1
and 2 o'clock there were 250 attendants,
and between and 7 o'clock 217. The noon
rush is accounted for by the business In
the third floor dining room and the lunch
counur on the main floor.
The largest number to enter the building
In any one day last year was 3.C1S. This
was on Saturday. March 29. Saturday is
the banner dsy of the week for attendance.
"We are particularly proud of our rec
ord." said B. A. Wade, the general secre
tary. 'The location of our building Is es
pecially advantageous and to this fact w.
contribute good reason for our record. It
speaks well for the popularity of the
Young Men's Christian association."
Ranking third on the list of popular
branches Is the one st Indianapolis, where
the daily average for the year we? i.iio.
Ths central branch of Chicago and th
branch t Philadelphia hold the fourth
plkoe with dally averages of 2.100.
FW- f fe CONGRESS
From the New York Herald.
THREE DEAD IN STRIKE RIOTS
Two More Dying and Thousand Are
More or Less Injured.
MAY0E WANTS STATE TR00P3
Day of Disorder In Philadelphia Fol.
lowing: Efforts of Traction Com
pany to Run fan Darn
PHILADELPHIA, Feb. 23. Three dead,
two lying at the point of death In hospitals
and more than 1.000 persons Injured is the
toll exacted by the reign of lawlessness
which has existed In this city for three
days as an outgrowth of the strike of the
employes of the Philadelphia Rapid Tranult
company. .. ." . .
' With the exception ths much kasi dis
order was reported, the situation has un
dergohe little change since yesterday; '
Under heavy police protection J.he Phila
delphia Rapid -Trsmalt "cmnpany Is oper
ating a limited number of cars on all its
lines running to the center of the city. The
service Is uncertain and the publlo Is not
patronizing the cars to any extent.
The company declares It has more, than
600 cars In operation and that It has men
enough to man 1,400, oars. A usual, the
statements are disputed by the strikers,
who claim the company Is operating to- the
limit of Its resources and that the number
of cars on the street Is fewe even fhan
Advertisements have been Inserted In,
newspapers by the transit company calling
for $,000 men.
,May Call State Police.
If the police cannot handle the expected
disorder an appeal is expected to be made
to the governor. The state police may be
drawn Into the situation at any moment.
Up to this time there has been no effort
made to bring about a peaceful settlement
of the strike. There was little talk today
of a general labor strike, and such a rad
ical move Is not looked .for at present.
The failure of the 'state fenclblea, an In
dependent military -organization I to in
timidate the strike sympathizers In the
northeastern section of the city, yesterday
was ths basis of a-conference which was
called for today between Governor Stuart,
Adjutant General Stuart, Brigadier General
Browman and Mayor Reyburn.
It Is understood Mayor Reyburn Is
anxious to call upon state troops, but Di
rector of Public Safety Clay is opposed to
this procedure. The director urges that
the state police, an- experienced mounted
organization which has done effective duty
in different parts of the state, should at
first be called upon. There are, however,
only 200 men in this organization, but, they
are the pick of the state.
-More Cars Than Tneaday.
At t o'clock the traction company an
nounced that it bad 554 cars In operation
or thirty-seven more than at the same
hour yesterday. This number, It wss
stated, would be Increased during the day
to 600. The company also announced that
It had enough men to man 1.400 cars If the
city could provide sufficient police protec
tion. As one and two policemen are on
each car the company says the city is not
In a position to furnish protection to all
the cars, and at the same time take care
of te general police situation. The num
ber of cars normally operated Is 1,800.
The tractlonu company opened Its Frank
fort line for the first time since the strlkt
started, and a company official said four
or five important Unas might be put in
(Continued on Second Page.)
Last week a lady
on Davenport street
rented a room that
had been vacant
fifteen boarders bad tried and
couldn't find an occupant for It
A little Bee want ad found
the roomer and might as well
have found him three weeks
Don't hesitate know that The
Bee'i 41,000 subscribers want things
and must have ihlngs. If you pay
rent on a phone It will be all right
ta eaU Doner. SS8. Want Ad Eteut.
Can't Fly With Wings Clipped.
Bank Fails and
Now a Fugitive
Employe Charged with Being Short
$144,000 Last Heard Of in
BOSTON, Feb. 23. Following the discov
ery that the Natibnal City Bank pf Cam
bridge had been looted of $14,000, the
doors of the Institution were closed today,
probably forever, by National Bank Ex
aminer Pepper, acting on behalf of the
comptroller of the currency. Later a war
rant was Issued for the arrest of George
W. Coleman, the young bokkeeper of the
bank, who was last heard from In Kan
sas City a few days ago. Coleman Is
charged with embezzlement. The Institu
tion Is In solvent, the capital stock of
5100,000 and the' surplus having been wiped
out by the defalcation. Former Governor
John L. Bales, the receiver, will liquidate
the remamlng assets. The bank officials
suspected that Coleman's accounts might
be Incorrect last' Thursday and requested
Mr. Pepper to go over the books. On Fri
day, Coleman fled and Monday night
friends received a telegram -from . him
dated Kansas City, Mo. This said he would
be home tomorrow.
The wrecked bank carried deposits of
$127,432, mostly the money of small trades
men. It was organized In 1853. Among the
stockholders Is Charles W. Elliot, presi
dent emeritus of Harvard college,
Uider the national banking, laws, the
stockholders are liable to assessment If
the assets are not sufficient to pay the
creditors in full.
Bookkeeper Coleman Is 27 years of age
and Is the son. of a prominent business
man. He Is unmarried. Coleman Is treas
urer of the Boston branch of the Kissel
Cai- company, a St. Louis concern. He
maintained two touring cars and a kennel
of dogs and was regarded as a "liberal
WASHINGTON, Feb. 23. A shortage otJ the morning and the defense had Its In
44,000 in the individual deposits caused f l. iiiBS in t ie afternoon. '
the closing of the doors of the National
City bank of Cambridge, according to in
formation from the comptroller of the our
Q. W. Coleman is the name given at the
office of the I comptroller of the currency
as the bookkeeper of the National City
bank of Cambridge, whose defalcation
caused, the closing of the Institution.
He has fled. His shortage wipes out the
capital stock of $100,000 and the surplus
and undivided profits amounting to $33,450,
thus making the bank Insolvent,
HOGS STILL FLYING IN THE Air
Go to .85 on the Omaha Market
and Are Still Higher
Hogs continued to climb at South Omaha
Wednesday and although 8,000 were on the
market early the price went up to $9.35,
which was quite a rise over the record of
$9.15 of the day before. 'The lowest price
paid waa $3.10. .
CHICAGO, Feb. 23. Another step toward
the $10 hog of 1870, the record since the
civil war, was made today at tho stock
yards where live hogs sold at $3.65 -a hun
dred weight The new price Is an advance
of 15 cents over this year's previous record.
ST. JOSEPH. Mo., Feb. 23. The hog
price record was again shattered at the
South St. Joseph market today whe'i the
top price was $9.80 per hundred.
LOUISVILLE. Ky Feb. 23. Hogs sold
here today for $9.65 per hundred, 10 cents
nearer the $10 mark than yesterday.
ST. LOUI3, Mo., Feb. 23.-Llve hogs sold
if re today for $9.70.
Missouri River Rate Cases
May Outlaw Before Decision
WASHINGTON, Feb. 23 -In the repeated l
shifting of the so-called "Missouri river
rate cases", bef ire the supreme court of
the United States lies a story that the of
ficials of the Department of Justice are
not talking much about.
Sums of the cases were advanced for
argument on February 21. Then, at the re
quest of Solicitor Oeneral Bowers they
were postponed until October 11. This week
Mr. Bowers ssked the court to set them for
argument In April. It was discovered that
there probably would be ao cases to decide
along in October.
The cases Involve the validity of rates
which the Interstate Commerce commission
ordered In October, 1911!. The life of those
rates la llmiuU to two years, houoe some
Omahans and South Sakotans Give
LUMBER AND GRAIN MEN HEARD
Latter Complaint Continues Today,
Other ttolngr Befere Commission
In Washington Some Time
Interstate Commerce Commissioner Edgar
E. Clark heard a deal of evidence in the
lumber and grain complaints of Omaha
business men yesterday.
in tie complaint of the Omaha Grain
exchangn against rates In South Dakota,
Minnesota and Iowa here the first witness
was W. V. Harrington of Sioux Falls, s.
0. D. T. Cross of Beresford, S. D., who
operates twelve elevators In South Dakota
and Iowa points, stated that he formerly
shipped grain to Omaha and was well
satisfied with the Omaha niakot and the
grading of both coarse and siriallnr grains,
but that, he shipped very little now from
South Dakota points because he could get
much better rates t6 Chicago and Mlnne.
apolln, mileage considered. He had no par
ticular complaint to make of shipment
from Iowa points to Omaha. l I
' Other Elevator Men Heard.
W. Z. Sharp of Sioux Falls, who operates
eleven elevators In South Dakota, testified
to the same effect and so did W. J. Thomp
son of Madison, the same state.
K. F. Kalnbolt of the Cavers Kleva!tor
company, Omaha, was called to tho stand,
hut his examination was deferred until
this morning, when lntervenors-from Min
neapolis will ask to be heard.
Mr. Clark also took testimony yesterday
In the complaint of the Commercial club
on the rates on lumber from Omaha to
points in South Dakota, Kansas and Wy
oming. W. B. Smith of the Bradford-Kennedy
company testified for the complainants in
S. H. Miiier, freight njrent for the Chi
cago & Northwestern lines west of the
Missouri river, waa Uie first witness for
the defense. His testimony related chiefly
to the conditions prevailing on the branch
lines of the Northwestern, from Norfolk
Junction to Dallas, S. D., and other South
Dakota points upon which was based the
establishment of tho lumber rates com
plained of. Tho line, he said, extended
but 18 miles from Norfolk and the gen
eral traffic over the branch was light, at
BIgr Shipment Was "Abnormal."
Ho maintained that a lesser rate could
not bo given with prqflt to the company.
The distance from Dallas, S. D., to Omaha
was 271 miles and the rate on lumber
was 17ii cents. He admitted that a total
of 1.305 cars of lumber and building ma
terial had been shipped over tho branch
line In 1909, but thought that the ship
ments during that year were abnormal and
would not probably be duplicated for some
years, until the country was better set
tled. J. E. Kelby of tho Burlington asked how
many of the eight wholesale lumber deal
ers of Omaha were Interested In tho com
plaint now before,, the commission, to
which Mr. Smith answered, "three," nam
ing his own company, the Chicago Lum
ber company and the Updike Lumber com
pany. Mr. Rich asked to introduce In evidence
a number of letters from customers of the
Bradford-Kennedy company, In Colorado
points, showing! that they were satisfied
(Continued on Seoond Page.)
time In October next, probably -before the
supreme court could hand down an opinion,
there would be nothing to decide.
Solicitor General Lowers Vpla!ned this
Situation to the court, adding that the prin
ciple Involved would remain after October
next, and, If the cafes were' allowed to
die. It would mean that new orders would
have to be Issued and the entire litigation
In explanation of the course of the de.
partment, Mr. Bowers said that the cases
nere not ones which he had worked on,
and, hence, he was not familiar with the
life of the order. He added that he might
have overlooked that point, even if he had
been engaged on it.
Ths cas are set for hearing on April 1
Secretary of War Will Recommend
Aid in Buildiny Waterworks
1I0RE LANDS FOR HOMESTEADS
Interior Department Gives Order
INDIANS COME IN FOR BENEFIT
Creditors Have Been Ordered to
MEASURES FOR HOMESTEADERS
Several Italliiaa rromnl.'ated of
Interest to craBknjaa llnok
.Salary fur South DaUntan
(From a Staff Correspondent.)
WASHINGTON, Feb. 23-Speclal Tele
grsm.) Senator Brown and Hepresontatlve
Klnkalil this morning had a conference
with the secretary of war lelatlve to a bill
which they Jointly Introduced in their re
spective branches of congress providing an
appropriation of $A0,0tK) to aid the city of
Crawford, Neb., in erecting water works,
the present wator supply being polluted by
sewage from Fort Koblnson. When the
bill 8 originally introduced the secretary
of war was Inclined to oppose it. In fact,
he did not see why the government should
aid the town of Crawford whatsoever. At
today's conference. Senator Brown and
Itepresentutlve Kinkald produced evidence
tending to show that the i government
through Its military post at Fort Koblnson
wpb foulliip; water now being used at Craw
ford, greatly to Its detriment and to the
menace of public health. Secretary Dickin
son was so Impressed with the arguments
of the Nebraska representatives that ho
agreed to change his former decision and
send to congress a report favoring the
enactment of the legislation suggested
whereby the town of Crawford may bo
aided to secuio a water works system.
Senator Burkett Introduced n lay an
amended form of his bill providing for fed
eral Inspection of locomotive boilers. Whllo
the general purposes are the same as In
his former measure the new bill differs In
Its provisions as to the appointment of
inspectors and the number of examina
tions of boilers required, etc. The amended
till provides that an Inspector general
and from four to six district inspectors, to
constitute an Inspection board, shall ba
appointed by tho proiildent, with tho con
sent of the senate. Under these officers
local inspectors are to be appointed by tho
secrelary' of commerce and labor.. The
rules and regulations under which Inspec
tions shall be made are tr be formulated
by the Interstate Commerce commission,
under whom provisions of the act shall be
The old hill provided for four unnual In
spections. The umended measure provides
for one annually, an internal and external
personal examination and hydrostatic test
of boilers, also that mure frequent exam
inations may be made if necessary, though
It also provides that where engines are
doing lighter work they may be exempted
from the annual test. The railroad com
panies are required to make monthly ex
aminations and report on their engine boil
ers, giving their findings as to the cond
tlon of the locomotive and all repairs made.
-Warehouses Now Assured.
Upon motion of Senator Brown, the com
mittee on Indian, affairs at its meeting to
day unanimously decided that the Indian
warehouses shall b retained In the Indian
bill. This, In view of the action of the
house, was practically a foregone conclu
Senator Gamble today secured the pattsaga
of a bill appropriating $2,599 due James V.
Elliott as salary for services performed as
United States district attorney for the dis
trict of South Dakota from July IX. 1906,
to March 4, 1907. 1
Early in the administration of President
McKlnley, Mr. lilllott was appointed United
States attorney for the district of South
I Dakota and his appointment was duly con
firmed. At the end of the term for whloa
he was appointed he was reappointed and
served a full second term. His second term
having expired, he was reappointed by
President Roosevelt for another term, and
under this reappointment he continued to
serve after the expiration of his second
term from July 1. lu, until March 4, 1907.
Owing to the purely personal and factional
opposition of ex-Senatos Klttrldge, his re
appointment by President Roosevelt failed
of confirmation with the expiration of the
Fifty-ninth congress, March 4, 1907.
Smiths Get Homestead.
The house committee on public lands to
day agreed to make a favorable report on
Representative Kinksld's bill to allow Fred
K. and Lulir Smith to remain upon tho
home-lead entered upon by their father
! some ten years' ago In Loup county, to live
1 upon the property and maty certain iin
! provements and prove up' within three
years. It appears the father of the chil
dren, aged now 16 and 12 yeais, rsnie lively,
died about ten years ago. The body of
Homesteader Smith v. tut burled upon hla
homestead and the children were cared for
by neighbors. The statute of limitations
ran against them as heirs and It was found
a special act of congtes would be neces
sary to prevent the general land office
under the law from ordering the cancella
tion of the entry.
Representative Hlnshaw today recom
iiicin. i j May M. Campbell to be postmaster
at iloidvlllo, to succeed C. T. Hlllsey, re
More 'Lands for If oineateada.
Under the enlarged homestead act the
Interior department has designated ap
proximate ly flC,320 acres of land In town
ships 50 and 51 north, ranges S2 and 63
west, Wyoming, as subject to dtspoiltl in
under the provisions of the 320-acre home
stead act. Up to date approximately
aers In Wyoming have been designated
under the enlargrd homestead act. , -
Approximately 4,C30 acresvof land In the
vicinity of Oren River, Wjro., have been
found by tho Interior department to be
adaptable to watr poner purposes and to
m.v Secretary rUliinerr plated the tract
within a temporary power site withdrawal,
pending the enactment of legislation by
emigres regarding the dipoeltlon of power
tltrs on the public domain. , This area :
formed part of a tract which was with
drawn some time ago under the reclama
tion act from all forms of entry on the
theory that It contained power possibili
ties. TUe lauds embraced tu the erlgliisj
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