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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 16, 1910)
Fhe Omaha Daily Bee.
For Nebraska Fair and warmer.
For Iowa Fair ami warmer.
For weather report bpo pngo 2.
PAGES 1 TO I.
VOL. XXXIX-XO. 239.
OMAHA, SATURDAY MOItNINO, "AFRIL16, 1910 SIXTEEN PAGES.
SINGLE CX)PY TWO CENTS.
STORY IS FAKE,
f SAYS 1100SEVELT
Political Dispatch, Referring to Third
Term, Stoutly Denied by
REPORT CAUSES INDIGNATION
Unauthoried Statement Also Involved
Gilford Pinchot's Name.
Caches Austrian capital
American is Greeted by Countrymen
at the Hotel.
RECEIVED BY FRANCIS JOSEPH
Interview Takes Place In Private
Apartment of Emperor Instead
of Audience Chamber Offi
cial Dinner Tonluht.
VlKKNA, April IB. Mr. Roosevelt wan
lnciignant today when he learned that a
report had been printed in Paris and cabled
to America that ope of the reunite of the
reefnt conference with Glfford rinchot was
an agreement on the part of the former
president to the use of his nsjno as a can
didate, for tha presidency.
Mr. Roosrvdt again reiterated that he
had nct and would not "make any declara
tlon In regard to the American polities'
while In Europe." He had received and
talked with Mr. Pl'nchot, he said, as he
would receive fend talV with any other po
litical friend. Mr. Roosevelt suld he would
hereafter decline to receive the newspaper
correspondent, who. had given currency to
The atory to which Mr. Ilooeevelt re
ferred appeared originally in tha Secoloxix
of Genoa and waa repeated In special dis
patches to Paris and to the United States.
It stated that Mr. - Roosevelt had reached
an agreement with Mr. Plnchot that If It
became opportune he would become a pres
idential candidate. .
Party 1 Reaches Vienna.
- Theodora Roosevelt and his son arrived
here at 6:45 this morning. Mr. Roosevelt
waa met at tha station by Herr von Muel
ler, principal secretary of the Foreign
office, who was there as the representative
of the Austrian government; American Am
bassador ' Kerens and others of the staffs
of the American embassy and consulate,
and Baron Hungelmullor von Hengerver,
Ai'stro-irungurlart 'ambassador at Wash
ington. . After an exchange ' of greetings Mr.
Roosevelt and Mr. Kerens entered a court
carriage 'and drove to tha Hotel Kranx.
After breakfast with' Henry "White,' for
merly American ambassador- to France,
who cama fYom Silesia and especially to
meet him, Mr. Roosovelt received several
American who had awaited.' him at the
hotel and then drove In the oourt carriage
to tha ' Foreign office on tha Ball-Plats
and made, an official oall -on Count von
Aehrenthal,- tha Austro-Hungarlan foreign
minister, ' i
Returning to his hotel', the former pres
ident received a call from Baron Hengcl
nmller. The baron remained for luncheon,
Mr. Kerens and Mr. White being also in
Audience with Emperor.
At 2 Q'cloclc tills afternoon Mr. Roose
velt again entered the court carriage and
drove to" the Hofburg palace, where he
was received In audience by Emperor i
Francis Josoph. As a special mark of es
teem the emperor received his guest In
Ma private, apartments Instead of In tha
usual audience chamber. As Mr. Rooso
velt entered the court yard the palace
guard turned out and rendered him mili
tary honora. '
From tha palace Mr. Roosevelt visited
tha Capuchin church. In the vaults ' of
which rest the bones of the Hapsburgs.
There he placed wreaths on the tombs of
the Empress Elizabeth and Crown Prince
Rudolph.' Aa Mr. Roosevelt entered the
crypt of the Hapsburgs tha Capuchin
monks, "Who watch the tombs, conducted
him straight to the Iron wrought coffins
of Rllxabeth and Rudolph, which lie on
cither side1 of the beautiful statue of the
Madonna, presented by the Hungarian peo-
After the wreaths had been deposited, the
former president was shown the other
tombs, among which la the immense sar
cophagus containing the bodies of Marie
Theresa Snd her husband, Francis I, and
the ntoin casket of Emperor Maxlmlliun
of Atri xlco.
Hosal of Official Call.
From the church Mr. Roosovelt set out
on a round of official calls, leaving his
cards for Archduke Francis Ferdinand,,
heir to the Austro-IIungarian throne;
Prince Mlntenulvo, the court chamberlain,
'and Count Paar. tha personal adjutant of
Later In the afternoon Mr. Roosevelt vis
ited tfl-i military riding school, and also
witnessed a review of the regiment of
Husoars, commanded by Prince Bronn. at
At 8 o'clock tonight the officials of the
Foreign office will give a dinner, at which
Mr. Roosevelt Will be the guest of honor.
A crowd of aeveral hundred persons re
mained in front of the Hotel Kranx
throughout the day and displayed the keen
est interest In Mr. Roosevelt's comings and
goings. At each appearance of the Ameri
can, these persons raised their hata
Kinperor Returns Call.
Mr. Roosevelt's Interview with Count
Ahrenthal lasted for nearly an hour and
the call waa returned by the count within
the hour following. Emperor Frai.cla Jo
seph also returned Mr. Roosevelt's call,
visiting the hotel lata In tha afternoon,
while on hla way to tha Schoenbrunn pal
ace, where ha stays every night
This was a notable compliment to Mr.
Roosevelt, aa the aged monarch habitually
' returns tha visits only of reigning sover
eigns and ambassadoi-a un the occasion of
tha presentation of their credentials.
.HAT PROBLEM IN COURT
l.nndon Mnalstrnte Rules that Tke
mttttm May KJecl Women Wia He
fas Hentove- llrndnvar.
LONDON. April 15 Henry Curtis Ben
nett, a Cass liow struct magistrate, tackled
the matinee hat question today and finally
reudertd judgment that the management
of a theatxr had the right to eject women
tatrons who refued to remove thrlr
Hal m fur Milwaukee Traction Mm.
Mll.WAl'Kr.E, April IV Th Milwaukee
Fliflrlo iUilwav St IJght company today
I announced so iiicr.. or pay of pise-
tutUy $ cents an hour for I.-) motor uien
I tuid conductors, afcauUv May L
in Exports of
Meat and Grain
Large Falling Off in Value of Food
stuffs Sent Abroad Despite
Increase in Prices.
WASHINGTON. April la.-Exports of
foodstuffs from the United States for tha
nine months of the fiscal year 1910 ending
last March, will amount to about fJ30.000.000
In value, according to the estimate of the
Department of Commerce and Labor as
against more than ItM.OOO.OOO In 1.404; 2000,
000,000 In 1900, and more than 8r3O,0O0,O00 In
Tha rfport shows that the food stuffs
were higher In price during the last year,
while In many cases the exports were less
than half what were In the previous years'.
The number of cattle exported In the
nine montha were about 127,000, Indicating
for the full fiscal year about 175,000. In
1904. the cattle exports were 693.000. The
value of cattle exports In 1910 will be ap
proximately $16,000,000. compared with mora
than 142,000,000 in 1904.
Practically tha same ratio of decrease
prevails In all foodstuffs. The quantity of
wheat exports In the fiscal year, 1310, will
aggregate about PO, 000.000 bushels, against
1.77,000,000 In 1892 the high record. Tha aver
age export value for 1910 was J1.03 a bushel
against 73 cents In 1S92.
Whl a foodstuff exports have been falling
off the value of exports of manufacturers
have Increased and will approximate in
value $750,000,000 against $43,000,000 In 1902;
82SO.OO.O0O in 1902; $2.ri0.000,000 in 1S96, and
$179,000,000 In 1S, thus bringing the value
of all exports for 1910 within $150,000,000 of
the high record of 1907 and 1908.
Attorneys in Hyde
Case Sifting Jury
Are Selecting Thirty-Five Men to Be
Peremptorily Challenged Open
ing Statement Tomorrow.
KANSAS CITY, Mo., April 15. No regu
lar session of court was held for the Hyde
murder . trial today. Attorneys were or
dered yeaterday after the' selection of the
temporary Jury of forty-seven men to de
cide today which twelve men they would
retain and report the list to the court at
6:80 o'clock this afternoon. Tha thirty-five
talesmen who are peremptorily challenged
will be released as soon as tha names of
the final jurymen are made known.'
When the opening statement will ba made
by the state is problematical. Judge Lat
shaw expressed a desire yesterday to have
thla done Saturday morning. The prose
cution said It believed the address could be
mad at .that time. .
Tha depositions taken from members of
tha Swope family In the su't for alleged
slander, filed by Dr. Hyde, will neer be
signed, according to attorneys for tha pros
ecution. They , wtre not signed when
taken. The reaaon given by the Swope
attorneys for their refusal to permit the
witnesses to sign them Is that tha evidence
was given before Notary Oeorge Kelly, a
law partner of R. R. Brewster, one of the
counsel for the defendant and are therefore
illegal, they say.
Three Men Are Killed and Nine Far-
man Biplanes Wrecked at
MOURMELON, France. April 16.-A torr
nado struck the aviation field at Camp Do
Chalons today. Three workmen were
killed and three others injured. The work
shops of Henry Farm an were destroyed
and nine machines were wrecked, causing
a loss of $30,000. Several aeroplanea and
dirigible balloon housea were blown down
and the railroad station was damaged.
HOPKINSVILLE, " Ky., April 15.-A
tornado wrecked five business buildings and
demolished many barns in and near Gracey
last night No one waa injured. -
Wind and Rain
Windows Are Smashed at Chatta
nooga and One Person is Killed
CHATTANOOGA, Tcnn.. April 16. A
heavy wind and rain storm struck Chatta
nooga this afternoon which lasted but a
few minutes. Windowa were smashed In
the downtown section, but otherwise no
damage has been reported. '
COLUMBIA, Tenn.. April 15. A tornado
which atruck here early today cost one
life and destroyed property worth $25,000.
ELKTON. Ky.. April 15. A tornado, did
much damage near here last night, wreck
ing many barns and other buildings. There
was no loss of life bo far as known.
Danish Girl Lost in Omaha
Entertained by Mrs. Davis
Left in Omaha Friday morning with but
a few pennlea in her purse and unable to
speak a word of English, a young Danlnh
woman broke into society with a vengeance
and Is now the guest of Mrs. F. H. Davis,
In her mansion at 623 South Twentieth
The young woman, who is about 19 years
old, was bound for Plalnvlew, wheie aha
has an uncle and aunt, but missed her
train by about five minutes. There Is only
one ttaln a day nolng from the Union
station to Plalnvlew, and this meant thai
the young Immigrant would be obliged to
wait over until Saturday morning. Wan
dering about the station In a hopeless way.
she tried to converse with uniformed rsll
road men, who looked at her ticket and
told her that aha bad missed her train.
Although she could not understand what
the rsllroau men were telling her, she
krew by their action that she bad missed
her train. How long mould she have to
wait fr another? That was the burning
question with this poor Immlirant girl, with
barvily enough money In her pockstbook to
Arrangement 7 N 'Be Under
v Considc Several
CONFERENc ALLED IN DENVER
Burlington Men Go West, to Join
Officials of Other Roads.
G. W. H0LDREGE . IS CONFEREE
General Manager of Omaha There,
Also H. E. Byram.
MAY AFFECT COLORADO . ONLY
Plana for Denver Union Depot and
Propoaed Million Dollar Addition
Thought to Be Up for
DENVER, April 16. An important con
ference between executive, and operating
officials of several western, railroads Is
scheduled to take p ace here tomorrow. It
Is thought a traffic arrangement between
the Denver Sc Rio Grande and the Western
Pacific on one side and the Burlington and
other Hill roada on the other aide may be
In view. Another matter to be considered
Is the proposed $1,000,000 addition to the
Denver Union depot.
Darius Miller, president of the Chicago,
Burlington & Qulncy, and , Charles H.
Schlacks. vice' president of the Denver &
Rio Grande, are expected to reach Denver
before morning, and the following officials
H. F. Byram of Chicago, ,vlce president
of the Burlington; George W. Holdrege of
Omaha, general manager of the Burlington;
J. W. Dean of Pueblo, superintendent of
the Denver St Rio Orande; R. J. Parker of
La Janta, general superintendent of the
Santa Fe; C. W. Jones of Chicago, general
superintendent of the Rock Island; A. C.
Rldgeway of Chicago, assistant to the sec
ond vice president of the Rock Island, and
F. S. Koller of McCook, Neb., division
superintendent of the Burlington. w ,.
in a Tight Place
by New' Ruling
Petitions of Thorsoa and Shrader Are
; Knocked put by Opinion of
Attfrav OeneroT Mai-Tr-V -'-.'.,-
- . '
'' --..' n:-'tv,S, ''..- '?'fcv--
f PIERRE, J. D., April 15. (Special Tele
gram.) On advce of Attorney General
Clark. Assistant Secretary Platta has re
jected the petitions of Thomas Thorson and
John F. Schrader, the progressiva candi
dates for congresa. . They attempted to flla
under the district law, which has been
taken to the referendum, and tha attorney
general holds that thera la no such a thing
as a congressional district in thla state.
This will mean that these candidates will
have to file new petitions or test the mat
ter in the court with a Very ahort time
In which to secure new petitions in. case
the court should decide against Uaem. .
WASHINGTON, April 13. (Special - Tale
gram.) A. H. Sheppard, son of William M.
Sheppard of Fairfield, Neb., waa drowned
In the Missouri at Wllllston, N. D-, last
September while making soundings with an
engineering party of the government, under
direction fo Major Schults of tha engineer
corps. After great effort the body waa re
covered at an expense of $540. tha father
of the deceased giving as reward $200 for
tha recovery of the body. The matter" was
brought to tha attention of Senator Brown,
who advised that a claim ba filed under the
liability act of 108. whloh provides that an
"artisan or laborer" may aecover damages
or at leas tthelr next of kin can (or in
juries sustained. It appears that young
Sheppard was engaged in. surveying and
would have In a day or two been appointed
as a surveyor. -When thla matter came up
before the solicitor for tha Department of
Commerce and Labor the claim waa turned
down on the gTOund that tha deceased was
neither an "artisan or a laborer." Prob
ably on the theory that young Sheppard
waa a professional man, surveyipg being
recognised as one of the professions. Sen
ator Browp does not agree with tha solic
itor of tha Department of Commerce and
Labor In his conclusions and insists that
the case should ba reopened on the ground
that the young man who lost his life in tha
government service while making sound
ings at Wllllston came within the purview
of tha statute, and so strongly has he pre
sented the case that the department today
decided to reopen it for further hearing.
buy her a decent meal. Taara cama to her
eyes and ah felt that ahe was lost.
Just then she spied Officer Mansfield,
and going up to him, aha poured forth a
string of questions in her native tongue.
It so happened that tha policeman talked
Danish, and when she beard tha . officer
reply she clung to his arm. aa a long lost
friend. Ha tried to conaola the young
woman, but waa aucceedlng poorly, when
Mrs. Davla and her daughter, Helen, hap
pened along. They were moved by the
scene, and when they learned tha Danish
woman's predicament, they volunteered to
take her home with them and aee that she
waa safely placed aboard tha train for
Plalnvlew Saturday morning. Officer Mans
field told the girl of Mrs. Davis' offer and
It waa accepted with tears of gratitude.
Helping her with her baggage, the girl
waa led to a fine touring ear in front of
the atatlon and waa given her firs auto
mobile rids by on of Omaha's society
leadera. Mrs. Davis said that aha did not
know the name of her gueat or anything
about nr. But took pity on tha young
woman and brought her boma
" ' ... WASHINGTON CROSSING THE D2,LRWAR.
Bj, )1 ( HURRY UP . ? At
Cf'W I A HCNNYf CANT CStS
(y VJh HOLD THIS fFQ
WILLIAM TELL r
DISCOVERY OF RAPID TRANSIT '-rr'
From, tha St. Paul Pioneer Pwaa.
West Virginia Makes Charges Against
; Chioaga Corporation. .
HALF MILLION . ; . DISAPPEARS
President with Blaj Salary OVer
j draws Acconnt anal Charges It
to Expense 'M eat Ine
i Sinn Involved.
; CHARLESTON, . W. Vs.. -April 15.-That
the active ' managers-of the Consolidated
Casualty company, before Its re-organlxa-tlon
here this week under tha direction of
the Insurance peartment of West Virginia,
oolleoted ' $757414 in one- .-year and nine
months, of which only $191,637 Temaln;
that - they made falsa entries on
the books of tha company and falsa returns
to tha Insurance department bf this state,
are soma of the ohargea contained In the
report of John F. Roche of New Tork, con
sulting actuary to tha lnsuranoa depart
ment, which waa made public today.- .
The actuary found that, tha entire man
agement of tha company waa In the hands
of Robert B. Armstrong,-president; C. R.
Burraa, vloe president, and A. 8. Mitchell,
secretary an treasurer, aa officers, and
Armstrong, Burras and Mitchell D. Foll
anabea, as the executive committee.
The company waa chartered in West Vlrr
glnia about two yeara. ago. . Tha adminis
trative of f Icera have been in Chicago.
. Three weeks ago, upon complaint of State
Auditor John 8. Darat,.the dlrectora turned
tha company over to Da rat for adjustment.
Early thla week tha stockholder reorgan
ised by electing C. C. McChord of Louis
ville, Ky., president, and J, Walter Scherp,
deputy insurance commissioner - of West
Virginia, general inanagvr.
1 Tha actuary's report states that fha con
dition of the company's books la suoh that
a correct audit is almost impossible. Among
the Irregularities charged Is the cancella
tion of stock laaued, tha collection of par
tial paymenta for which nothing waa is
sued, and the issuing of stock which waa
not paid for. Tha actuary recltea that
President Armstrong drew a salary of $1,000
par month. "On June SO. 109," the report
ays, "It waa discovered that he (Arm
strong) had overdrawn hla salary ti.M "
(Continued on Second Page.)
Sell your bedstead
in Sunday's Bee.
Call Douglas 233, and the ad
taker will write your ad and
tell you what it will cost to
run it a week. If it is not sold
in this time, your money will
Bee want ads are great
8ale6men. They gain admit
tance to places and present
your story to persons, who
could not Etop to give you
Everybody Reads Bee Want
vC . ' ' I BACK CIQTHCS POtES
:'f...:,.y'v i ; ' '"KVi"'
and Harbors Bill
Says TTnder Scheme' Proposed it Will
j Take Se venty-Six. Tears ' to ' Fin-
' ish Sandy Bay Harbor. , , ,
WASHINGTON, Apiil 15.-Tha great river
and harbor bill, carrying an appropriation
of more than $52,000,000, today temporarily
displaced the railroad bill. Almost every
senator , in the chamber had ' a personal
lhterest In the . bill. ' - ,
Senator - Nelson called ' up tha measure
for action. In ' the absence of Senator
Frye tha Minnesota senator waa In charge
of it.: ' '.. ., -
1 Senutor Burton of Ohio, taking the floor
In opposition to tha bill, explained that bei
fore coming to the aenata he. had been for
tan yeara chairman of tha house committee
on rivers and harbors. Ha said ha dis
liked to criticise hla former associates as
much as he ' did to crKlclae his ' present
colleagues -of the aenata.
'.Still convinced aa he was of tha undesir
able character of tha' bill ha felt that he
must speak 'his mind concerning it. Hla
atrlcturea related rather to tha system than
to tha 'amount Involved. - '
' He waa especially severe ' in . hla , com
ments on the ."piecemeal" plan, and as an
Instance ,ha cited Sandy - Bay, harbor of
rc-fuge of the Massachusetts coaat He as
serted that at the present rata of prog
ress seventy-six yeara would ba necessary
to complete the work, the enterprise being
of no use until completed.
STEEL COMBINE WILL
j CARE FOR INJURED MEN
Employes Killed or Injured While at
j Work t ReeelT Money-Corn--,
1 . pensatlon. -
NEW TORK; April 1B.-Tha United States
Steel corporation this afternoon announced
the adoption. of a plan for the relief of
employee Injured in its service and families
af employes . injured In its service - and
families of men killed in -work accidents.
During tha temporary disablement single
men will receive S6 per cent of their wages
and married men W-per cant, with con
tingent additional allowances.
How Big is Omaha?
What Some People Think About It
Flale Pelter 4R1T Pierce
Oliver Cole, t Grant
......Florence Charnquiat, 1308S.t6th
G. ,W. Talbot, 2706 Manderson
W. J. Sandburg, Ktron
Mildred Carlson, Fremont
...i U C. Marka. &31sLafayette
...F. Hober, Council Bluffs
E. A. Stringer, BeeBldg.
.. H. C. Miller 1134 S. S2d
A. Waggoner, Utf B. ISth
A. L. Hunter, South Omaha
J. A. Beener, Atlantic
, .' O. Hansen. Atlantio
., ....Bertha Glrton. 8924 N. J3d
Ktnneth Davis, Genoa
.Haxel J. Messter, Ogalslla
Earl Austin, Franklin
. .M , R. A. Kerr. Hastings
A. L. Austin, Benkleman
Mrs. A. H. Wooim, Ingleslde
John Robertson, Holdrege
W. L. Blair, Unwood
r. Barker. 632 S. 87th
......Edward Perkins. 2023Manderson
A. F. Moore, 22l S Z2d
Dale Van Hern. North Loup
..James Rlehsrdson 9th and Jackson
W. K. Lounsbury. Aurora
Ella Stegsmana, North Platta
B. C. Wads. Y. M. C. A,
Charles Barnes. Hastings
Joa Neld. Mtnden
The Census Man
U HEN-REE -BRING
BACK nr cujifu- rvit.'i
THINKS MERCER WILL STAND
General Counsel Herrin of Southern
' Pacifio is Confident. '
ONIY.'' ARaTJUEUT YET ; REMAINS
Hearing Before Court at 'Salt Lake
-- la Jane, to End. Long- Pending;
if Case "Testimony Satis
- factory." '
W. , F. ; Herrin, general counsel for the
Southern Pacific railroad said that ha be-
Ueves there will ba no dissolution of th
merger of the Bouthern Pacific and Union
Pacific lines, aa he passed through Oman
Friday , while enroute from New Tork to
his home In San Francisco. He arrived
n the special car Wlldwood and waa ac
companied by . hla two daughters.
' Mr. Benin waa not inclined to talk at
any length about tha recent merger case
hearing, but said that tha last of the testl
mony had been put In at New Tork and
that , the case would ba argued in Salt
Lake City in June. The merger ease has
been hanging fire for a , long time and
the ' completion of the testimony is con
sidered an important point In tha hear
in , "The testimony was very satisfactory,"
said Mr. Herrin, "and It looks as though
we will 'win our point. I don't think they
will dissolve tha merger, but al) talk upon
the subject at this time la Idle. We must
wait and sea what tha court haa to aay.
We are pleased, however, with' tha case as
far aa It haa gone."
' The Wlldwood arrived on tha North
western No. 8, and was attached to the
Union' Paclfle'e No. i and left for Ban
Francisco at 4:85 o'clock. Mr. Herrin waa
the principal attorney for the railroads at
tha taking of tha testimony in New York,
and will argue tha case at Salt Lake City.
SNOW AT WELLINGTON, KAN.
Heavy Fall of the Beaotlfnl la Fol-
lowed by Very Heavy'
WELLINGTON, Tenn., April 15 A heavy
snow fell here today followed by a steady
rain. It ia reported that fruit In thla sec
tion was not damaged.
000., W. A. Kocker, North Platte
000 Lilian Kubat, South Omaha
1S W. K. Ireland, Berlin
M F. J. Ryan, Muuth Omaha
2j0 .....Ti.lie Skow, South Omaha
OijO O. Wegman, Blue Hill
747 Dave Callahan Houth Omaha
66f, Mrs. J. L Uel.iel. I'M N. luth
,000 Arthur Carlson. South Omaha
M5.k .....O. A. Curtla. Houth Omaha
OuO ,,,W. M. Btlllnrnn. Council Bluffs
0U0 Anna Kubat. South Omaha
WO R. W. Innla, Ramga
3M) J. Scovem, Maoon, Mo.
764 Mra. Il-imfert. 2310 S. 16th
OUO Mra. J. P. Fallon. lOi-3 H. 2Mh
801 J. O. Burger, P. O.
848 Mrs. O. R. Baker, 614 S. lth
278 E. C. Vollmer, 60t) Webster
MO Charlea Vollmer, aOOs Webster
817...'. G. A. Kmrlck, Seward
720 C. M. Prlgeon, 4:)4 Miami
6"3 F. F. Wagner, 8918 N. 82d
874 M. C. Rush, 6328 N. tftth
4TS E. N. Meyers. Bellevue
Wi J. B. Sedgwick, York
841 J. W. Houder, Rock Islsnd. III.
3W. ....... W. L. Jsggar, New York Life
7M) Milton Mulrhead. 4248 Burdetta
MS? 8. Syndergard, 1818 Dodge
tfi J. N. Swltser, 1401 Paul
647 C. R. Haster, IW7 Miami
846 Maria Plielan. UU Burt
Is Counting Now.
'.- "... i - -
PIERCE TELLS OF
COAL LAND CASES
First Assistant to Secretly Balling-er
Resumes Testimony in Famous
C0TOT OF THE LAST RESORT
He is Asked Whether He Had Final
Say on Various Patents.
SHOULD ALTER PROSECUTION
Witness Says Land Frauds Belong to
DepartmtNi of Justice.
ANOTHER CHARGE BY BRANDEIS
iterfor Department Aeened of With
holding Pnpera lMewo Saya
WASHINGTON, April 15-Frank Pierce,
first assistant aecretary of the Interior,
who began his service under Secretary
Garfield, and was continued In office by
Secretary Hallinger, was the witness before
the Balilnger-Plnchot committee of Inquiry
when Its sessions were resumed today.
Mr. Pierce took the stand lata last Sat
urday afternoon, and, after detailing at
somo length the multitudinous duties of the
secretary of the Interior, he declared that
MV. Balllnger soon after taking office
turned over to him everything In connec
tion with the Cunningham coal oiaims.
Just as adjournment waa taken last Sat
urday, Mr. Pierce testified that Mr. Ball
lnger had not at any time attempted to
Interfere with hla. direction of the case
or to Influence hla action.
Another Charge by Brandela.
Before Mr. Plerco resumed the stand,
Attorney Brandels made a lengthy state
ment to the committee In which he charged
the Interior department had failed to fur-
nlsh certain correspondence called for by
him In ' a letter to the committee dated
January 27. Mr. Brandels said the cor
respondence desired related to the state
ment of Attorney General Wickcrsham that
Glavls had been guilty of "habitual pro
crastination," in falling to Institute suits
against claimants of Alaskan lands. Ha
said he expeoted to show by his corre
spondence that Glavls had not been neg
ligent in thla matter. 1
Chairman Nelson told Mr. Brandels to
write a letter enumerating, the papers, and .
ho would aee that they were forthcoming
frcm the department. Mr.' Brandels said
all he could do would bo to repeat hla re
quest of January 21, Attorney Vertrees sajd
he resented tha Imputation of opposing
counsel that papers had been withheld by
the department. "That la not true; there
la . not a word of truth In It," said Mr.
' The committee then adopted a motion
that the department ba asked to product
tha correspondence demanded by Mr. Bran-'
dels, and Mr. Plerca resumed his testi
1 Claimants Maintain Lobby.
: Mr. Pierce denied that he had told ex
Governor Moore, one of the Cunningham
claimants, that he could have hla patents
without an examination under the new law
of May 28,. .1808.. He. said. Land Commis
sioner Dennett .had construed the law dif
ferently and had told Moore he could have
his patents without a' hearing.
- During the winter of l!W7,- Mr. Plerca Bald,
the Cunningham claimants had maintained
a strong .lobby . In .Washington and had
exerted powerful Influence on Secretary
Garfield and congresa to secure tha patents.
air. .fierce saia ne supu:aita witn jonn
P. Gray, one of the counsel for the Cun
ningham claimants, that the cases shoul(
not be heard. beforo the Juneau register an&
receiver, who ordinarily would have had
jurisdiction, because the receiver's son was
one of the claimants and because ha real
ised that the same Influence would ba al
erted with these officers aa was apparent
In Washington, He thought these in
fluences might warp their judgment.'
Court of Last Aesort.
The committee questioned Mr. Plorcs
along lines ' regarding the Cunningham .
claims and ns to whether he would be, in
effect, the court of last resort in deciding
whether the claimants were entitled to
their patents. The witness replied that
would have an appeal from hla decision.
"How do you reconcile your Judicial
function with that of prosecutor?" inquired
"That la a question which has bothered
me a great deal," replied Mr. Pierce.
Ha expressed the opinion that the prose
cution of land cases should rest with tha
Department of Justice. He explained, how
ever, that when officials of the general
land office appeared before him In the role
bf prosecutora he considered them aa aucb
and did not allow the fact that they ware
government officers to Influence his de
Representatives Graham and James both
sought to obtain an udmlsslon from the
witness that his decision In ar.y case would
be subject to review by the secretary, Mr.
Pierce said he supposed the secretary
would have a legnf right to do ao, but he
could not recall any cuxe where the secre
tary had reversed a dec'alcn of one of hi
Exhaustive Review of Case.
"I want to eay right here," exclaimed
Mr. Pierce, "that no decision will be an
nounced In these Cunningham claims until
every one of the twenty-five lawyers In my
department have made an exhaustive ex
amination of the record. When thla Is
dene, I Khali send the reoord to the De
partment of Justice and ask for similar
oarul attention at the hands of the largu
force of lawyers there."
. "Is this extraordinary care which you
propose to give to theac cases due to th
magnitude of the claims or to the publicity
which they have attracted?" asked T3r.
"Hoth," retorted the witness.
The luncheon recess then was taken.
I . . i
Ranchman Killed la 41a arret
WICHITA, Kan., April 15. James Child
era, a wealthy ranchman of Faulkner,
Okl., waa shot and killed early today near
hla ranch by Albert Russell, a farmer, ad
the result of a quarrel. Russell, who waa)
a Rough Rider with Colonel Roosevelt at
San Juan Hill, surrendered and declared
ha Shot In self-defense.
Farmer Killed by Lightning;.
ST. JOSEPH, Mo., April 16,-Oarrett
Waters, a young farmer near here, was
killed by lightning this morning when a
bolt plowed through his barn. His farsa
band, who waa shucked, will racgvar.
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