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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 26, 1910)
6 . THE BEE: OMAHA. SATURDAY. MARCH 2G, 1910. llouae. Hotel and Office Furni$hers Orchard & Wilhelm qiq. 10-13 South Sixteenth Street we will at, each Fancy inches from; 50c Saturday special, at Saturday Special in Basement Combination Potato Ricer and Fruit Press; for mashing pota toes and other vegetables and for pressing fruits; this ap pliance , cannot be equaled. The cup with perforations is made of heavy tin and will not get out of shape; balance of press made of iron and steel. Sells regularly for fi 35c; our Saturday special price, only. . . ............ .UC SHOES FOR STYLISH WOMEN New Pump model in Patent Colt. Short effect accented by ribbon tie; ankle strap insures no slipping. Graceful arch and high heel. Dress weight. $3.50 to $5.00 "Dorothy Dodd" Shoes particularly appeal to re fined taste; meet the requirements of practical service, and absolutely insure foot comfort. Prices always moderate the convincing climax. BENNETT'S' Last Chamberlain Case is Dismissed Bank Cashier Who Fled to Mexico and . Returned for Trial ia Finally Free. ' TECUM8KH Neb., March 25.-(Speclal.) The one remaining cafe against Charles M. Chamberlain, cashier of the failed Chamberlain Banking house of Tecumseh, was dismissed In the Oage courlty district court by Judge I M. Pemberton Wednes day, the Judge acting upon a motion pre sented by County Attorney Hugh La Mas ter of Johnson county. Following the dis missal a motion to retax costs In the Oage county cases was heard. Mr. La Master objected to the paying of attorneys' fees to A. Haslett and L. W. Colby for the reason that Chamberlain employed other counsel, contrary to the order of the court In appointing attorneys for htm. Objec tions were also made tov certain othei fees. With the dismissal of this case the cur tain is probably dropped on the Chamber lain affair, at least as far as the criminal proceedings against the ex-cashier are concerned. This case was similar to one In wlUoh Chamberlain was successful, tried In Oaga county last December. It was a charge of having received money In his bank after he knew It to be Insolvent, Arc you or Will you be? Have you or Will you have? A Successful Wife Read the tremendous story now running In Everybody's Magazine A woman lays her soul bare. A Thrilling Story. A Rare Soul. Inspiring. HelpfuL Absorbing. ROCKER (like cut) Fumed finish, thoroughly constructed of select quartered oak; largo and comfortable; has broad arms, saddle wood seat, sells regu larly at, each $7.50 Saturday only sell this rocker, $4:75 Madras and Net, from 42 to 45 wide; 18 patterns to select regular value 45c to 29c EASIEST TO W08K ANU CLEAN IT HAS 100 USFS and C. H. Dennis was the complaining witness. The Chamberlain bank failed on August 29, 1902, four days after Chamberlain, an cashier, disappeared. Chamberlain spent many months In Cuba, Mexico, the Pacific northwest and Chicago before coming home and surrendering himself, which was April 15, 1906. Upon his return home. Chamberlain faced eighteen separate Indictments. Later It was found expedient for the state to "bunch" some of them, as the evidence In several of them was quite simi lar. However, during the criminal liti gation against him Chamberlain faced seven or eight separate juries. In a case on an embesslement charge, taken to Nemaha county on a change of venue, Chamberlain was found guilty and was sentenced to five years In the penitentiary. The case was taken to the supreme court, was sent back for retrial and upon the re trial the jury disagreed. Later this and other cases In the Nemaha county court were dismissed. A number of civil cases grew out of the bank failure, some of which are still pending In the Johnson county district court. Chamberlain la now at Pullman, Wash., but hla family Is still In Tecumsoh. Edward) Shoots Edward.. BENKELMAN. Neb., March 2C (Spe cial.) Austin Edwards was shot in the shoulder and hand and seriously wounded by Clarance Edwards, at the depot Thurs day afternoon. Earlier In tho day Clarence Edwards had been bound over In the dis trict court on the charge of attacking two little girls. Austin Edwards, who Is a brother of a former wife of Clarence Ed wards, Is re sted to one of the girls Clar ence Edwards Is accused of attacking. The men met at the depot, jusl before the ar rival of the afternoon train, when Clar ence pulled a pistol and fired at Austin, one shot taking effect In the right shoul der and the other In his right hand. Sheriff Klmsey was soon on hand and arrived at the depot In time to arrest Clar ence, but considered that public feeling was running too high for him to take him from the train and keep him at Benkelman, so he stayed on the train with his prisoner and will probably lodge him In the Red Willow county jail. Indifferent Heir Finally Found. HOLDREQE, Neb., March . (Special.) The settlement of the August Swanlund estate, which has been delayed for some time, on account of not being able to find one brother, Oust, was finally adjusted this week, the missing man having been located out in the cattle country of Mon- tuna. In anawer to the call of the court. he arrived here this week to receive his I portion of the estate. The man is about ! 60 ye old and a typical westerner of the cowboy genus. While here he declared that h'e did not particularly care for the ! money, as he had all that ha would ever need or wanted, and that the other rela tives might Just as well gone ahead and settled the estate and disposed of his por tionabout 11,500 without bothering to get him here. License Isano at Alma. ALMA, Neb., March 26. (Special.) The license issue will be the only one at the election here this spring. The oltlsens' ticket Is the only one In the field. It fol lows: Mayor, R. S. Keerlln; treasurer, Rob ert Porter; police judge, J. B. BUUnger; eounollmen, First ward. P. M. Everson; Second ward. Earnest Altu: Third ward (two-year term), Frank Werner; Third ward (to fill' vacanoy), . August Haure manj city engineer, George C Reed. Vi -J OLD "CONTRACT SAVES RATE Forgotten Agreement with TJnion Ta cifio Forcei Albright Delivery. SWITCH DEAL SAVES THE DAY Stack Yards Mas Dwrnnnt Controlling- Situation Rock Island Mar Cnarare ata It Plenses to Set ' tie 'on Scnednle. General Manager E. Buckingham of the Union Stock yards, after a careful sur vey of the field, regarding the Albright schedule for dreaied meata, says that the Joker, Bo-called, had shifted bark to the packers notwithstanding the announced In tention of the Rock Island to maintain the rate newly proposed. "It doesn't matter what the Rock Inland may charge," said the manager, "when It comes to settlement the basis will be on the old, regular, published rate from Al bright." Thursday the manager thought the battle was lost because the Union Pacific ap peared to be helping the Rock Island by cutting off the delivery to Albright. Man ager Buckingham dug up a contract Friday morning which caused him great satisfac tion, for It gave an absolute right to the Union Stock Yards company .to deliver the packing house products or any other prod ucts to the Rock Island over the switch In question. Exaot drawings and blue prints aocompany the contract, which made the case clear. This contract has been tn force for many years. "Why didn't we read up our contracts before," exclaimed the manager, when the force of the contract dawned upon him. "Now everything Is clear. We can't be headed off." Mr. Buckingham then colled on the Union Pacific to demand that the switch be un locked under the terms of the contract. Ihe Cudahy Paoklng company Is prob ably most Interested In the rat schedules, end the general manager, Michael Murphy, said: "If the Albright, schedule Is the legal schedule, as we believe It la, we shall cer tainly Insist on a settlement on that basis. The Rock Island can not refuse to haul Ihe packing house products and can not charge a rat other than Us published schedule." The other packers will deliver to Albright , also If the favorable rate holds good. Tho omission of Albright from the rate schedule was clearly an oversight; but whether tho courts will sustain the railroads In their attempt to enforce a rate different from that published In the old schedule Is a point to be tested. I WANT BALLINGEE AS LAST WITNESS (Continued from First Page.) to formulate those charges and to defer until a later period of the inquiry our sug gestions as to what conclusions should be drawn from the facts. "When this inquiry first began Mr. Bal llrger sent a letter here In which he ex pressed the desire to leave the committee untrammeied. - He did not even desire to have counsel, lest It should hamper the i committee in Its search for the facts. 1 "It Is perfectly clear that we should not 1 be brought to a stop in our Inaulrv without being able to lay before the committee those facts which Mr. Balllnger alone Is aware of and can best enlighten the com mittee. I know of no proceeding in which we would be denied this opportunity. . "We certainly ought not to be denied It In what the chairman has characterized this, as a 'free, full and open inquiry,' ana not limited by the ordinary rules of evi dence." Madison Asks Question. Representative Madison asked Mr. Bran dels If he regarded him as a witness to facts and the attorney declared he did. "And you Intend to examine him on all points that you consider material T" In quired Representative McCall. "Yes, sir." "In other words, what you mean Is that you desire your cross-examination of the witness to precede the direct examination ?" suggested Senator Sutherland. "I wouldn't put it Jusl that way," re plied Mr. Brandels. "Mr. Balllnger has already had full opportunity to make his statement. He has had the advantage of being able to confer with the president and has made two statements to the presi dent." "Doesn't that apply to all the witnesses in this proceeding?" asked Representative Denby. "No. My client, Mr. Qlavls, has not had an equal opportunity." Mr. Brandels admitted that he desired to have the right to examine Mr. Balllnger In his own way. Representative Olmstead said he thought Mr. Balllnger should have the opportunity first to make his state ment to the court In his own way. Mr. Brandels wss directed to proceed with his other witnesses, the Balllnger matter being deferred for the time being. Gaa-arenhelm Director Called. Stephen D. Birch, manager and director of the Morgan-Guggenheim syndicate In Alaska, then was sworn. He said the syn dicate was composed of J. P. Morgan & Co., and some members of the firm of M. Guggenheim Sons. Mr. Birch recently ap peared before the senate committee on territories and gave the testimony which he repeated today. He said he first saw Clarence Cunningham In connection with his claim In Seattle early In April, 1907. The witness said he saw Cunningham several times In Seattle. Mr. Brandels then read Into the record a copy of the memorandum agreement entered Into July 20, 1907, by Clarence Cun ningham, Miles C. Moore, A. B. Campbell and other Cunningham claimants as ven dors to Daniel Guggenheim, as vendee, stating terms under which the claimants When the doctor says you must take Cod Liver Oil he means Emulsified Oil and not the crude oil which is very heavy and hard to digest Scott's Emulsion is the world's standard prepa ration of Cod Liver Oil; it is very easily digested and im mediately absorbed, and will not upset the stomach like the crude or plain oil. ALL PKPOaiBCT n4 0a aaae f P9 mmt thW 4. fc ma baalUal ak mmi Okil' HkMck- took. SMkkaaoaUlaaaoaLokur. SCOTT A BOWN& 409 Petri 8U N. T. 1 "Triers - - - - - ' - - (1 .-.'V ...V,:, w ; r'"j q Important Sale O Ladios1 Wash Waists O Tomorrow we place on sale a vJ surplus stock of a New York ladies' shirtwaist manufactur er er lot includes over 100 dozen V, ) of beautiful lawn, linen and lin f gerie waists, made in the new Vf spring styles ; well tfj f CJ worth from $1.50 to HHP Q $2.00; special for Q q Goods bought this week O will boputonnoxt month's O account if you say so. q PLAIN FIGURES HERE! would convey a half Interest In their coal lands. "And Daniel Ouccenhelni represented the Guggenheim syndicate?" asked Mi. Bran dels. "Tes, sir." . Representative Madlsen called attention to the fact that at the time the agreement was dated, several of the Cunningham claims had not gone to entry. Mr. Brandels read a letter from Clarence Cunningham to Mr. Birch, dated May 1, 1907, in which Cunningham said he had not been able to make any progress, but had called a meeting of the olalmants May 15 at Spokane, Wash., ' when he hoped an agreement' could be reached. "When I saw Cunningham In Seattle tn June,'' continued the witness, "ha said he had been unable to get his people to gether. I went to Alaska and remained there all' summer." Contract with GnsTarenhelm. There was next Introduced In evidence a copy of the minutes of the Spokane meet ing, which was attended by eighteen of the thirty-three Cunningham claimants. At this meeting Cunningham stated that be had been approached by a representa tive of the Guggenheim who desired coal for the operation of their railroads and smelters. The proposition which Cunning ham outlined was for the claimants to deed their property to a company and re tain half the stock In that company the. other 60 per cent of the stock to be sold to the Ouvgenhelms for a sum suf ficient to equip the mines, estimated at 1200,000. The Ouggenhelms were to mine the coal and pay a royalty of 15 cents a ton. S. W. Eccles, Mr. Cunningham said, was the man who had made the proposi tion to him. A committee was appointed by the claimants to look into the matter. Mr. Brandels next read a copy of the minutes of a meeting of the claimants held In July 18, 1907, at which Clarence Cunningham, Miles C. Moore and A. B. Campbell were appointed a committee to negotiate with the representative of the Ouggenhelms, all of the other claimants present agreeing to ratify the action of the committee. Under date of August 17, 1907, Clarence Cunningham wrote to Daniel Guggenheim, thanking him for the promptness , with which he had taken the matter up and saying he would sail within two hours with a representative of the syndicate to inspect and examine the coal property. The Guggenhelms had notified Cunning ham that, they had been advised by counsel not to purchase the claims In their Incom pleted state and had reqursted that the patents be hurried. In reply Mr. Cunning ham wrote that the Issuance of patents was a matter which rested with the con venience of the government and could not be hurried, although he had been informed that the commissioner of the land office (Mr. Balllnger) had intimated that the mat ter would be "cleaned up" in ninety days. Gifrtabrlm Attorney Sworn. John N. Steele, attorney of the Morgan Guggenheim syndicate, had been called upon from time to time by Mr. Brandela for statements and letters while Mr. Birch was on the stand. It was suggested that Mc. Steele be sworn. Chairman Nelson caused a ripple of laughter In swearing the witness by pledging him to the truth of "testimony already given and to be given." Following this ceremony Mr. Brandels read a telegram from Daniel Guggenheim to Clarence Cunningham dated December 7, 1907, "finally accepting the proposition mads In the memorandum agreement of July 20" by Messrs. Cunningham, Moore and Camp bell on behalf of themselves and their as sociates. A letter from Cunningham ac knowledging receipt of the telegram was also put In evidence. Mr. Birch said that in none of hla con versations with Cunningham was Ballin gar's name mentioned or any promise re cited as to tho action of the commissioner of the land office. Mr. Brandels was about to question the witness concerning the report of the ex pert sent by the Guggenhelms to examine the Cunningham claims when Mr. Steele protested against making the document public He said it was a private matter, and had nothing to do with any question at Issue fcafore the committee. He waa will ing, tie ald, to let the committer have the report (n confidence. Further questions re gard lag the report ware deferred. Mr. 11 roh testified (tie Guggenhelms had O Livo GOLD FISH and GLOBE With Every CASH or CREDIT Oalo of $10 or Over In Our W&ttLvj&A Tomorrow, Saturday, March 26th, is your last chance to got n beautnui ornament tor your home tree. This you can do by buying your Easter Suit, Hat nnd Shoes, Dress Shirt, Underwear nnd Furnishing Goods here. This aquarium is a clear gain to you over and above the excop tional values wo have priced for tomorrow's sellinir. Remember This offer applies only in our Men's Clothing Department. Suit prices range from $25.00 on down to $15.00, $12.50 and Ladies' 330 Tailored Suits on Credit Saturday Saturday we will place manufacturer's Bamples of spring suits. Lot consists of the most approved styles. Shipment contains only 165 suits. Come early if you want first choice. All colors and sizes. These suits should bring $30.00. We place them on sale tomor row morning at 8:00 o'clock at one price AJJ cash or easy payments for r " Terms, $5 Cash, 01 Wookly 16ia & ft .RNAM (The Peoples rural tare ft projected a railroad from Katalla to the coal lands. Later they changed their plans to build from Cordova to the copper fields. When Cunningham heard of this change early in 1908 he told Birch that the agree ment had been violated, that it waa no longer binding and would not be lived up to. No Action Under Aarreement. The witness said he did not consider the ohange of plans a violation of the agree ment as the Cunningham olalmants had done nothing on their side of the oontract; they had not formed a company or placed any deeds In escrow. So from the time of accepting the agreement to the present day, no action has been taken under the agree ment. The , witness was questioned as to the cost and amount of railroad construc tion done by the Alaska syndicate. He said it always was the plan to build a road which would taip both the copper mine and the coal fields. "If the coal had not been there, we would not have gone," said Mr. Birch. Mr. Steele here was asked whether or not there had been a formal notification by Cunningham to the syndicate that the agreement had been forfeited. He declared there had not. Throughout, the giving of testimony as to the Guggenhelms, Messrs. Birch and Steele acted as sort of Joint witnesses. Mr. Steele said he did not regard the syndicate's purpose to build a road as binding and therefore Indicated that he did not con sider the agreement violated. At this point the luncheon recess was taken. Benefit from Coal Fields. During the afternoon session Mr. Bran dels drew from Manager Birch the fact that the development of Alaska depended almost wholly upon the opening of the coal fields. When he had done this he turned fiercely upon the witness and de manded to know that in view of this fact why the Guggenhelms had sat quietly for two years and made no exertion to have patents granted In the Cunningham group. "All we did was to tell Cunningham to hurry up with his patents." "Do you mean to say that with all the Influence and power of the Morgans and the Guggenhelms In this country they made no efforts in thin direction except your feeble efforts; Is that what you wish this committee to understand?" ' "It Is." "All this Influence and power went for nothing?" - "What could we do? Wo had nothing to do with the patents, did we?" "Mr. Birch, I think you are better able to answer that than I," remarked the at torney, dramatically. When the committee and Mr. Brandels i'l r i S n I n i I il Clothing Dep't. on sale ladies' STREETS, OMAHA Carpet Oo. .Zstabllshed 1887.) finally had concluded their direct and cross-examination of the witness he was turned over to Mr. Vertrees. Mr. Birch said the Alaska syndicate had spent 11,000,000 in an Ineffectual attempt to construct a harbor at Katalla. This was In 1908 and 1907, before there waa an option on the Cunningham claims. "We wanted to be near the coal fields," he said, "for we thought that some day somebody would get patents and open the fields, so we could buy the coal." Mr. Birch said It was In January or February, 1906, that Cunningham claimed the option agreement had been made void by the action of the Guggenhelms . in Changing their railroad base from Katalla to Cordova. "Did not he state further that It had also been voided by the fact that few If any of his principals had ratified the agree ment?" asked Mr. Vertrees. "He did." The Option Aarreement. "Arid from that day to this has any mem ber of your syndicate, by writing or other wise, Indicated to Cunningham that they still considered the option agreement In effect?" "No, sir." Mr. Birch said he went to sse Mr. Gar field when ho was secretary of the in terior, aaklng If some practical legislation could not be secured for AlaRka. 'But I didn't get much satisfaction," added the witness. "Subsequently, how ever, a law was passed In 1608. I told Her bert Parsons (a member of congress from New York) that I thought this law was rotten and unconstitutional. I thought the bill robbed a man of his Inherent rights. Mr. Parsons asked me to write him a let ter and to enclose copies for Mr. Garfield and for Mr. Roosevelt." The witness produced the letter and It was read In evidence. The objections to the bill were largely technical in charac ter and set out In great detail. In effect the letter protested that the new law would not encourage development of Alaska as It had been designed. When Mr. Vertrees concluded his brief cross-examination, Attorney Brandels re turned once more to the attack and demanded to know if the Guggenhelms had tried to control all of the wharfage at Cordova. He asked particularly if Jack Dalton of Dalton trail fame had not tried to erect a wharf near the company's prop erty and been thrown in Jail as a conse quence. "Jack put up a hut and drove a few piles in front of our property," said the wit ness, "but It was purely a graft scheme. Borne of his friends came to us and wanted to know if we did not want to buy Jack s&r "a2 X S 1 WlLJLJO,rZm i rN eh M.. vJV GoldMedalFlou0 j nrr Li u r3 o o o a o o o G oil i Aitt llli ' saai si I sin ii, A. la. A Liberal Credit O Cheerfully Q Extended to All O Vo Give S. & II. Green c Trading Stamps With q All Purchases mi ooocoooooo out rather than have trouble. That Is all thero was to that." This ended the testimony of Mr. Birch and the committee adjourned until tomor row. Seed Corn Tests. ' ' . YORK. Neb., March -(Special-Farmers of York county have been experimentt ing In testing seed corn. W. H. McElwaln, near York, has made several Important experiment . He tested three different, Jots iJIl UUU UUril 1111 UliUCI UlllUltJIIb VUIIU1- , i tlons. First he took soed from corn that A had stood in tne snocK during tho winter; ceoqd from, an open slat crib, so situated that moisture and freezing eould take ylt'iaj third, corn that had been kept sheltered In a rain and snow proof covered bulldjfig. The corn taken from the first two lots failed to stand a satisfactory test," and very little of It germinated.' Of the lot that was kept dry not' one kerhal failed to germinate. Mr. MeKhvaln will plant only the corn that was kept sheltered from snow and moisture. While a large per cent of York farmers tested ' their seed corn, a larger per cent will do as they havc done for years, select seed com that look good to them and If it happens to be seed' corn that was not kept stored In a' dry1 place hundreds of acres will have to 1 be replanted. Beatrice Official Court Iaqnlrr. : f BEATRICE, March 25. (Speclal.)-Countjy , Attorney F, O. McGlrr In referring to thW petltlon filed with the governor by Ton' Darnell of the Anti-saloon league asking' . the executive to oust Mayor Rawllngs and' ', himself, published a statement In the local' papers yesterday to the effect that he dl4T not fear an investigation. He says that more persons have been arrested and con-' victed under his administration than' for' years before, especially among the boot-' legging: element He states that he la ready and willing to prosecute all violators of the law when evidence Is produced te warrant the filing of complaint, v Slonx Go to Bela-1 RUSHVILLB, Neb., March 28.-'(Speclal.) Forty members of tho Sioux tribe Were shipped from here last night . In all their war paint and paraphernalia. They conK't of thirty bucks, seven squaws and thrJL children and they are destined for Belgium,, where they will contribute to the exhibit, of western tribal life. . , , Two Importers Arrested. ''''' '1 NEW YORK. March 25. Two more lm-' porters were arrested todtay charged With' defrauding the government In conspiracy! with assistant customs weighers. Thsy, were Kiuiru Prota and his cleric and agent, Alfonso Schettlno. ' They were' placed under $5,000 ball each. i . ! v't 9 1! i i! o o o o o o o o o o- o o, o C) o i i i i