Fhe Omaha Daily Bee. NEWS SECTION WEATHER FORECAST. 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 Former President. 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 this report 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 tha party. 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 the emperor. 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 Breltenxa. 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 respectfully. 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 cartwheel" headgear. 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 Big Decrease 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 m. 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. I 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. Tornado Strikes Aviation Field Three Men Are Killed and Nine Far- man Biplanes Wrecked at Mourmelon, France. 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 in Tennessee Windows Are Smashed at Chatta nooga and One Person is Killed at Columbia. 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 stret. 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 TRAFFIC PLANS UPT0RAT DS 7 v Arrangement 7 N 'Be Under v Considc Several ."N .oads. 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 Discussion. 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 arrived today: 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 ,. ' Two Candidates in a Tight Place by New' Ruling , -'i.i 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. . I , Brown Urging Sheppard Case 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. GRAFTS 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. Don't watt Don't hesitate. 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 be refunded. 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 audience. Everybody Reads Bee Want "Ads. vC . ' ' I BACK CIQTHCS POtES ;AAIERICAN; BOYHOOD. :'f...:,.y'v i ; ' '"KVi"' BlirtoriSpeaks ' Against Rivers 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 12R.74.. H7.8U5. , 13ft,0u0. . 14S.4T.J.! 1U.S1T., 12S.0U0. , IM .MS., 1S4.2M). 13,718., 13S.SK.V. 147.W1., 169. 7ft.. ltfl.OiiO., 14.K6., 1M.321., 110,6., HT.H2.. Ht.JlS., 1SJ74., ns.yo.. 1M.777.. 147. 6ft., 13.7B7., 143, 143.tuc., 13. 4).. ll 0u0.. 147.777.. 141 MS., 14.U7., 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, T 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' Rain. 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. 170, 143. Yli, 170, HO. 110. 143. 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 IN', 1M ,000 Arthur Carlson. South Omaha M5.k .....O. A. Curtla. Houth Omaha OuO ,,,W. M. Btlllnrnn. Council Bluffs 0U0 Anna Kubat. South Omaha 146. 169. WO R. W. Innla, Ramga 3M) J. Scovem, Maoon, Mo. 764 Mra. Il-imfert. 2310 S. 16th 143 1M, 110, 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 14S. 133 16 137 HI 150 163 146 lf.8 11,2 17 13: i 166. 1S6, 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 151. 106, Is Counting Now. '.- "... i - - PIERCE TELLS OF COAL LAND CASES First Assistant to Secretly Balling-er Resumes Testimony in Famous Investigation. 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 C'nnnlnaham Claimants Maintained Lobby. 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. Vertreea. ' 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 mony. ... 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 Senator Root. "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 cision. ' 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 asfclstanta. 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. James. ( "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. i