Omaha Daily
THE OMAHA DEE
1m the most powerful buslnesa
Hotter In the west, because, it go
to the hornet of poor and rich.
WEATHER FORECAST
lor Nrlirnskn - I's.'tl.v cloudy.
I-or Iowa -Partly cloudy.
For weather report t pngo L'
YOU XXXIX NO. 280.
OMAHA, WKDXKSDAY MOHNIXU, MAY 11, 1'IW TUT. A'K 1'AdKS.
SlNdLK COPY TWO CENT
PUKE FOOD LAW
IS HELD VALID
Iowa Senators
Address Crowd
at Des Moines
Senator Cummins Takes Stand Iowan
Fighting Him on Old-Time
Personal Issue.
li.ULKOAl) HILL
TASSKS HOUSE
Measure Goes Through Lower Body
with Seventy-Four Votes to
Snare.
!Uatfonal Statute Declared GonatitU'
tional by Judge McPherson
, at Des Moines.
OMAHA COMPANY IN COMPLAINT
REPUBLICANS STICK T0CETHER
The
Bee;
4
'Updiie of Gate City and Kansas Con
cerns Are Interested.
NEW RULES CtTRE MANY EVILS
Declares Jurist in Upholding
Enactment of 1906.
' RULING ON BLEACHED
V1
Injunction hy I pdlk Milling; -puny
of Omaha in Prevent Ft
thrr Srlsarea la Art Aalda
, by Court.
DE." MOTNES, May 10. Judge Smith M
rhrrson In federal court hero today uphet .
the constitutionality of the national purt
food statute of June 80, 1M6. and dismissed
a suit for Injunction to prevent United
Mates District Attorney M. 1 Temple from
seizing bleached flour sent Into Iowa.
The complaint was brought by the Shaw
nee Milling company of Kansas and the
Ipdlke Milling company of Omaha. The
decision does not state whether or not the
Alsnp process of bleaching flour Is Injuri
ous, holding that that question is one for a
Jury. As to the rights of congress to enact
a law such as the natonal pure food act,
the court says:
"Several of the states within the last few
years have enacted pure food statutes.
Congress June 30. 1906, enacted the statute
In question. All these statutes were en
acted to cure evils wellnlgh intolerable that
had grown up durl'ier thin age of greed and
avarice and commercialism that has made
money getting the prime object of life with
so many. The evils were such that mj.cli
of the foods no ate, whether meats of
any kind, including fish and poultry, or
fruits In all form? and breadstuffs, were
so adulterated and "loaded" or "doctored"
ts to deceive the consumer. And the same
.was true of flavors and condiments. The
evil as to confectionery and flavors and
extrac ts was as great. Still greater was the
evil as to drugs and medicines.
"In fact, Jho evils were'evcrywhere pres
ent as the food and medicine and other
things. And to eliminate some, of these
evils and to enable the purchasers to re
ceive what they ordered and paid for many
states passed statutes aimed at those
frauds. But it was soon found that the
states In some instances were disposed to
condone as to some articles of local manu
facture and in many other Instances the
stales were powerless to work out a rem
edy. Theieupon congress, acting upon the
theory that the evil was of national con- j
rern, enacted tha statute in Queslon. Tha j
debates In eoirtrresfc show Ihati the ' most
uigent measure waa earnestly fuught as
being one of paternali.sm, and police reg
ulation with which the states only could
act.
"The secretary of agriculture, Mr. Wll
son, performed his duty both In letter and
spirit when he submitted the question as
to flour bleached by nitrogen peroxide to
the board of food and drug inspection.
And that board, the secretary concurring,
after a hearing, given to all parties in in
terest, found thut such flour is In con
travention of that statute. Such finding Is
not binding as against the parties thus
bleaching flour. But it Is conclusive as
tgalnst all orltloism for mak ng the seizures
and bringing the question before the courts
for determination.
(ongrraa Ha rower.
"Congress is given the power to provide
for the general welfare of the United
Plates, but without doubt if this legisla
tion Is sustained, It is becausa of that
provision of the constitution which provides
that the congress shall have the power to
regulate commerce among the several
States. That provision is the life of the
nation and to adopt which was the great
concern of the convention of 1787. Im
portant as It Is, It is ever before the courts.
It gives great comfort to all who believe
in one common country and yet s antagon
laod oftener than any othei provision of
J ihe constitution, by those whose shield of
' defense is articles 9 and 10 of the amend
ments, a to the power of the states."
After showing why congress Is given the
right to provide for the general welfare of
the United States, by enacting pure food
f- laws, and citing several cases where the
government has been upheld the court
concludes his opinion by dismissing the pe
titions for an injunction to prevent the en-
forecment of the law.
INTERNATIONAL HORSE
SHOW IN LONDON
tte la ot Postponed at Krqorit of
Ulnar tleoru Theaters Are
Hroprned.
IXlNDON. May lO.-The International
Horse show will be held on the dates
Drlglnally selected, June 6 to 19.
This Is In accordance with the wishes
Of King George, who desires there shall
bo lio Interruption In the program of public
affairs except as planned events may ap
pear Inconsistent with the official and pop
ulsr mourning. It wns at his majesty's
command that the theaters were reopened,
to be doted only on the day of King Ed
a aril's finical.
King Ucorge having notified the earl of
Lonsdale of his attitude, the board of man
age! met today and later Issued" a notifi
cation dm ihe horse show would be opened
originally announced. The King Ed
ward challenge cup, now held In France,
will be (oinp ted for under the conditions
thut governed the contest a year ago.
BARGE BUILT OF CONCRETE
Panama ( anal I ouimUxlon ronstrurla
rv Ste rrl of Urt-at
(anarlt y.
WASHINGTON. May !. It will puzzle
most people 10 know that a boat built of
concrete will not only float, but has a
greater carrying capacity, is more durable
and even liatitu- than a btrongly con
structed woodun t-oat. The Panama Canal
commission him Just Inunclied on the banks
of Ihe pHMotr.a canal a big barge built of
reinforced concrtte, which weighs 00.000
pouijds, and two others will soon be fin
ished. These Viss Is. it Is sU1, are unaf
fected by ca worms, marine vegetation
docs not adhere to thm and liny arc prac
tically teMiuclib
DES- MOINES, May 10. (Special Tele
gram.) A great crowd of Iowa republicans
met here tonight to listen to Senators Dnl
llver and Cummins and to hear their de
fense of their course In congress and their
advice as to Iowa republicans In the pri
mary convention. Senator Cummins spent
the day receiving friends, and Dolllver
came Just before the meeting.
In his address Mr. Cummins took up the
situation In congress, and he showed
wherein the state primary campaign had
relation to the national Issues involved at
Washington. He declared that he desired
regressive republicans to be nominated
id elected, not only for governor and
tier state offices, but for members of
'Kress in this state. He declared his hc
t 1 that the organization affected some
; ago by his long time political enemies
for Its chief purpose that of dls
ing him and his colleague, and he was
..ay to have the people pass on the Issue
thus raised.
Bishops Assigned
to Conferences
Dates of Sessions and Presiding
Officers for Nebraska, Iowa
and South Dakota,
I
CHICAGO, III., May 10. (Special Tele
gram.) The Board of Bishops of the Meth
odist Episcopal church concluded Its session
here yesterday with the announcement of
conference assignments. Following are
those In Nebraska: Nebraska conference,
September 21, and Northern Nebraska. Sep
tember 14, Bishop Xuelsen; Northwest Ne
braska, September 14, and West Nebraska,
September 21, Bishop Mclntyre.
Iowa Des Moines, September 7, Bishop
Hamilton; Iowa, September 7, Bishop Wil
son; Northwest Iowa, September 16, Bishop
Wilson; Upper Iowa, September 14, Bishop
Hamilton.
South Dakota Black Hills mission, Sep
tember 8, Bishop Mclntyre; Dakota, Sep
tember 2N, Bishop Nuelson.
New Position
on. Burlington
Henry J. Horn Comes Here as Assist
ant General Manager of West
ern Lines.
A new' high position ,e the. Burlington
came Into being' yesterday, Henry j. Horn
becoming assistant general manager of the
Burlington lines west of the Missouri.
Mr. Horn, who arrived In the city Mon
day assumed his duties for the first time
yesterday.
'The position is a new one," said Gen
eral Mmager George W. Holdrege,
created on account of Increased business."
Mr. Horn has been for several years a
resident of St. Paul, an official there of
the Northern raclflc. Mrs. Horn and the
three children of the family will come to
Omaha a month or so from now.
Sharp Drop in
May Wheat
Attempt of Chicago Longs to Unload
Causes Decline of Four and
Half Cents.
CHICAGO, May 10. An attempt to un
load May wheat on the board today re
sulted In a sheer drop of cents In that
delivery.
This option has given evidence of being
congested in a few hands, small purchases
recently quickly advancing the price. May
touched Sl.loi during the forenoon, but
shortly before the close the attempt to un
load caused a sharp break. The decline
brought out further offerings and the bot
tom was not reached until $1.11 had been
posted. July went off 1 cents and Sep
tember nearly as much.
Forest Fires Rage
Over Three States
Villages in Vicinity of( Duluth
and Calumet Are Threat
ened. CALUMET. Mich., May 10 The village
of Alston In Houghton county, is hemmed
in by fierce forest fires. Forest fires are
raging In all directions hereabouts.
DCLl'TH, May 10. From the reserva
tion river, thirty miles beyond Grand
Marais, to points along the Northern Pa
cific line, fifty miles west of Duluth, come
reports of forest fires..
WASHBURN. Wis., May 10,-Fires which
have been raging In the western part of
this country since Sunday are now enter
ing the largest tract of standing timber
lit this state.
Prayer, Prayer,
Obsesses
In unremitting vigil of prayer, Anton
Buschiveta, the man who sought to die by
Jumping from the loftiest span of the Doug
las atreet bridge, la excoriating himself at
the county Jull where he has been held
since the attempt.
"Praying Tony," the prisoners have come
to call him. When bedtime cornea around
the Jailer have to take Tony from his devo
tional to put him to bed. Again In the
morning ' 18 found on his knees at the
side of bis narrow cot calling for mercy
oil his weakness
Through all the day of the Jail's monot
onous routine Tony U saying his Patera
KAISER WM1ELM
GKEETSC0L0SEL
Roosevelt and Emperor Hold Much
Heralded Conference Without
Spectacular Features.
HOSPITALITY IS NOT LACKING
Welcome Extended Distinguished
t American at Royal Palace.
OTHER DIGNITARIES PRESENT
Empress Victoria, the Crown Prince
and Crown Princess Are There.
FRIENDLY GREETING AT BERLIN
Slight Mlsunderatandlna; l"ansa
Mlxnp at nallway Station Be
cause Train la Imported
Behind lime.
POTSDAM. May 10 The much discussed
meeting of Emperor William and Theodore
Roosevelt look place today.
The visit of the former president at the
new palace was devoid of any spectacular
feature inconsistent with the court mourn
ing for King Edward, but the occasion
lacked nothing from the viewpoint of hos
pitality and the purpose to honor the dis
tinguished American.
Mr. Roosevelt was ascorted to Potsdam
this afternoon by General Alfred von Loew
enfeld. the personal representative of the
emperor. . Mr. .Roosevelt was accompanied
here by Mrs. Roosevelt, Miss Roosevelt and
Kermit.
As their carriages drove Into the court
yard Emperor William appeared at the
principal entrance of the new palace and
descended the steps to meet his guest.
He extended his hand fist to Mr. Roose
velt, and then to Mrs. Roosevelt and to
Ethel and Kermit, greeting each cordially.
His majesty wore the uniform of the Garde
Du Corps, with a helmet.
Greeting: by Empress.
Preceded by the lord chamberlain, Count
Zu Eulenberg, and master of the imperial
household. Baron von Lyncker, the em
peror, with Mr. Roosevelt at his right, en
tered the palace and, passing through the
large apartment popularly known us the
shell room, showed his guests int the
smaller salon beyond. Mrs. Roosevelt en
tered on the arm of General von Loewen
fcld, and In turn was followed by Ambas
sador and Mrs. Hill, Miss Roosevelt and
Kermit and others.
Within the salon the party was received
bv Empress Augusta Victoria, Crown
Prince Frederick William, Crown Pincess
Cccelle, Princess Victoria Louise, Prince
Joachim and Prince Osca,r.
The luncheon that followed was attended
hy a large number. There were six tables.
At one of these were seated his majesty,
with, Mr(v Roosevelt, JU JiifcafetL A"4 t1"
crown" princess oh his right; the chancel
lor, General von Plesin, Kermit Roosevelt,
Count Zu Eulenberg, Mr. Hill, General
Loewenfeld and Lieutenant Commander
Belknap.
At another table the empress was seated
between Mr. Roosevelt and the crown
prince. The young Princess Victoria was
seated at the colonel's left. Others at this
table were Miss Roosevelt, Captain Shartle,
Foreign Minister von Schoen, Mrs. Hill,
Prince Solms-Bareuth and the Countess
Keller.
Mlxnp at the Station.
BERLIN, May 10. Former President
Roosevelt, Mrs. Roosevelt, Miss Roosevelt
and Kermit arrived here early today from
Stockholm, Sweden. They are guests at the
American embassy.
As Is usual, wherever Mr. Roosevelt
stops, a crowd was at the railway station
to give him a friendly greeting, but, as
has not been the case before during his
European trip, the official receiving party
was not complete. As a result of a series
of misunderstandings, Ambassador Hill was
late In reaching the station, while the royal
carriages. Intended for the use of the party,
did not arrive until the Roosevelts had been
driven in other conveyances to the em
bassy.
The representatives of the foreign office
were greatly annoyed over the unfortunate
mlxup! In the first place some one had
told Mr. Hill the special train, carrying the
Roosevelts, would be a half hour late In
reaching Berlin. This did not prove to be
the case. .
In the absence of Emperor William, who
but for the death of his uncle, King Ed
ward, would have personally met the for
mer president, the official party of recep
tion was headed by Herr Von Schoen, the
secretary of foreign affairs, who repre
sented his majesty. The main Btairway
leading from the station to the street had
been made beautiful with a wealth of potted
plants., and, as the Roosevelts passed down
to their carriages, they received frequent
salutations from the gathered throng. The
Roosevelts were driven at once to the
American embassy. The former president's
voice is still bothering him slightly, and
one of his earliest appointments today was
with a throat specialist.
Colonel Roosevelt was met at the railroad
station by Secretary of Foreign Affairs
Von Schoen on behalf of the emperor; the
staff of the American embassy. Consul
General Alexander M. Tnackara, T. St.
John Gaffney, American consul at Dresden,
and many members of the American
colony.
A special train will convey the party soon
after noon to Potsdam, where the Roose
velts will be yluncheon guests af the em
pci or and empress. I
Prayer;
Foiled Suicide
and Aves. His meals are forced upon him
at moments when he can be made to desist
for a moment from his prayers.
Efforts to tako his mind from his sor
rows by employment have failed. Set to
sweeping the corridor of the cellhouse
where he Is kept, he was soon found in a
gloomy corner, of ff ring his repentance In
whispered Polish phrases.
Iluxi lilvetx was led to his attempts at
suicide by his discharge from employment
as a railway laborer following a debauch.
Hi! Is to be tried for his sanity and prob
ably be committed. He is physically in
good health.
From the Spokesmftn-Review.
PILES' NAME IS MENTIONED
Brandeis Attempts to Forge New
Link in Ballinger Chain.
FORCES BACK OF APPOINTMENT
Effort to hon that Guggenheim
Are Responsible for Haltlnger'a
Appointment to Land
Office.
WSHINGTON, May 1. As a link in the
chain he itf attempting to construct to con
nect Secretary Ballinger with the so-called
Morgan-Guggenheim Interests, Attorney
Brandeis today brought the name of Sen
ator Samuel W. Piles of Washington into
the Ballinger-Pinchot inveutigation as an
Instrument by means of which tho.e inter
ests, as he seeks to show, brought about
Balllnger's appointment as commissioner
of the land office.
Although the eommJlJrs by a party vote,
sustained ' Senator fae'rlaua'S " protest
against a senator being "dragged Into" the
Investigation, Mr. Branded was permitted
to read a newspaper account of a celebra
tion of Senator Piles' election, held In Se
attle in January, 1905, at which Piles was
quoted as saying in a speech th,t "Charles
Sweeney brought about my election."
Bnlllnsver'a Appointments.
Sweeney Is president of the Federal
Smelting company, subsidiary to the Gug
genheim syndicate, and Is one of the Cun
ningham claimants. Mr. Ballinger said he
was present on that occasion as mayor of
Seattle, but did not recall Mr. Piles' speech.
Senator Plies urged President Roosevelt
to appoint Mr. Ballinger as commissioner,
but the latter today said that he did not
decide to accept until he had been urged to
do so by both he and Secretary Garfield.
Mr. Brandeis had stated he had reason
to believe Mr. Balllnger's appointment as
commissioner of the land office, and later
as secretary of the Interior, was a result of
an effort of those Influences of the north
west interested to have someone In the land
office whose Ideas regarding the patenting
of lands In Alaska were different from
those of Secretary Garfield.
Attorney Brandeis sought to obtain a
"yes" or "no" answer to ttw question
whether he thought "clear-listing" was, in
effect, a declaration that the necessary ex
amination of claims had been made and
that there was no reason why they should
not be patented.
Helort from Ballinger.
In this he was unsuccessful. Secretary
Ballinger declaring that the Cunningham
claims had been clear-listed by him on
tha strength of records before him and
with the same records as he said before, he
would clear-list them again.
I When Mr. Brandeis asked If he had not
assumed that the necessary examination
had been made. Mr. Ballinger retorted
hotly: "All of your efforts throughout this
hearing have been to besmirch my char
acter by trying to show some devilish in
spiration back of my actions. The fact
that I knew some of those claimants had
nothing to do with my action. Those who
have known me in every office I have ever
held know It would have made no differ
ence to me whether they were friends or
strangers."
The committee deciced by ap arty vote
that Mr. Ballinger had answered suf
ficiently. Attorney Brandeis had requested the
committee to call on President Taft and
through him on Oscar Lawler, assistant
attorney general for the Interior depart
ment for memorandum which Lawler took
to Beverly from Washington last Septem
ber and on which the president's letter
exonerating Ballinger and dismissing
Glavls was supposedly based.
Mr. Brandeis at the opening of tha hear
ing today asked what disposition had been
made of his request. Chairman Nelson
replied that It had not been acted on ow
ing to the limited members present when
executive sessions were held.
Mr. Brandeis strongly Intimated during
his cross-examination of Mr. Ballinger
Inst Friday that tha president had not
carcfuly weighed the Glavls charges him.
telf, but had taken action on a memo
randum -prepared for him by Mr. Lawler.
PEACE CONFERENCE MEETS
League Holds geaaiona at Hartford
Letter Hrrrlird from Presi
dent Taft.
HARTFORD. Conn.. May . The New
England Arbitration and Peace congress
began Its first session here today In the
hall of representatives. Dean Henry Wade
Rogers of Yale law hchool. presided and
adresses were made by Mr. Rogers and bv
Benjamin F. Trucblood of the American
peace society. .
WHERE WILL IT BREAK OUT
Tariff Board
May Be Given
Added Power
Rumors Compromise Along This Line
Will Settle Differences Between
Republicans and Insurgents.
WASHINGTON. May lO.-Following a
visit of Representative Cooper of Wiscon
sin, one of the Insurgents of the house,
to President Taft's office today the re
port gained currency that through the
proposed increase In the powers of the
new tariff board some of the most serious
differences between the republican .egulars
and insurgents may be healed.
It is said President Taft is bringing nil
the pressure he can to bear In support of
the appropriation of SIoO.OOO asked for to
widen the scope of the tariff board.
It was reported also that a strong fac
tor' hi thf-TTpwMtt congressional rani
palgn this fall may be declarations by the
president that if the Investigations of the
tariff board show that further reductions
In the tariff are possible and compatible
with a fair profit to the American manu
facturer, he will strongly urge further re
vision by congress.
Heinze Trial
Must Proceed
Court Denies Motion to Instruct Jury
to Bring In Verdict of Ac
quittal. '
NEW YORK, May 10.-An effort by the
defense to clear the slate In Helnzc's case
came to naught early in today's session.
Judge Hough denied a motion that the jury
be directed to acquit Heinze on the third
remaining cuunt In the indictment, the
defense urging that the firm of Otto Heinle
& Co. was entitled to credit by virtue of
the loan Heinze had taken out and signed
over to them at the time the alleged over
certification took placx and also thut there
was no evidence to show that Heinze di
rected or authorized the certification.
Judge Hough likewise denied a motion
that the evidence concerning stock sales by
the United Copper company be stricken
from the record.
The trial has now narrowed down to the
charge that Heinze over certified fifteen
checks of his brother's firm, aggregating
1464.00:', and misapplied the funds of the
Mercantile National bank to that extent.
Warships at Montevideo.
MONTEVIDIO, May 9,-The North Amer
ican squadron, which will take part In the
celebration of the centenary of the Inde
pendence of Argentina at Buenos Ayres, is
now anchored in this port.
DO IT
If the census enumerator hns not
fill out this coupon, cut It from The Bee,
tn the nearest mall box with the address
are not necessary.
1
CIIAKLES L.
Supervisor
Name .
Address
Name .
Address
Name .
Address
NEXT
Dlt. HYDE CROSS-EXAMINED
i
Physician Says He Bought Cyanide to
Kill Vermin.
DENIES POISONING ANY PERSON
Una Used Cynnlde for Yeara, hut
Coold -Not llecnll Uuylna; It nt j
Any Place F.xcept nt Breek- I
leln'a Droa More. I
KANSAS CITY, May 10. Emphatically
denying that he ever poisoned any mem
ber of the Swope family or any other per
son, Dr. B. C. Hyde today completed his
direct testimony in his trial for murder.
His cross-examination was not completed
at noon.
Dr. Hyde's dealings with cyanido of
potassium formed the subject of the larger
part of his examination. The physician
acknowledged his purchases of (he poison.
He said he used the, drug to kill Insects.. to
clean nitrate of silver stains from his hands
and to disinfect towels.
On cross-examination Dr. Hyde said while
he had used cyanide for jeveral years he
could not recall any place he ever pur
chased It cxceipt at Breckicln's drug store
here, where he bought 100 grains of the
drug last fall.
The physician testified he learned from a
pamphlet that cyanide would kill bugs.
Government scientists, he said, had also
recommended the use of the drug for this
purpose.
Some of the cyanide, the witness averred,
disappeared at the same time that Dr. E. I
Stewart took germs from the office. In
ihls connection Dr. Hyde also averred he
planned as early as ugust. 190S. to experi
ment with various kinds of germs.
Prosecutor Conkllng Introduced on cross
examination several patent bug powders
and asked Dr. Hyde why he did not uso
them. Dr. Hyde said he used so much bug
powder that proved Ineffective that he
finally gave up experimenting with it nnd
began the use of cyanide.
Frequently during the morning Prose
cutor Conkllng and the defendant ex
changed remarks, the witness expressing
his opinion that the examination was Im
proper. THIRT.Y-EIGHT DEPUTY
SHERIFFS ARRESTED
Officers Are Held In Connection with
Itlot at Ynkon, Pennsylvania,
Sondny.
GREENSBURO, Pa.. May 10,-Thlrty-elght
deputy sheriffs at the mines of the
Westmoreland Coal company at Yukon.
Pa., have been arrested and are being
held here to await the grand Jury action
relative to the rioting of Sunday which re
sulted In the death of a miner.
NOW
got your name, or those of friends,
fold it on the dotted line and drop It
on the outside. Postage and envelope
OFFICIAL BUSINESS
UNITED STATES CENSUS.
SAUNDERS,
of the Census,
Federal Building,
Omaha. '
They Vote Solid and Are Joined by
Fourteen of Minority.
TRAFFIC CLAUSE GOES OUT
In Other Respects Provisions Go
Through with Little Cham
DEFENDER HAKES -uIEiIESI
Mr, Mann of ..oU, Vt lio Itnd
t lnirH.ro -air, llci tares II uu
Hi .,rr Adopted tiX
llwUOO. ,
v.-Yom .-. ::taff Corrc,-onilnnl.)
.. .Slli.1i1V.. iM.i.v 10 rial Tele
,,i .mi. 1 Republicans In the iioiih. today
gave an exiilbltio.i of tuim work mat inmie
the dcnioeiats fit up nnd tiikc notice, fui
the so-called insui-jjuils liil the democrats
holding the sa. U vlulc tiny m nl ou r to
the regulars utnl by a vote of 200 to 1
passed the railroad late bill. In that vote
of U00, however, well' ten democrats who
refused to follow tluir party leader an.',
voted with the republicans' 011 the rallioml
rate bill as perfected In the commute of
the whole, these democrats being Burtlett
of Nevada, Uilleppln of Texas, Hardy of
Texas, Jainleson of Iowa, Kitchen of North
Carolina, Nkiiolls of Pennsylvania, Poll of
North Carolina, Kiifsell of Texas, Saundcis
of Virginia ami Smith of Texas.
The battle on l lie rate bill began shortly
after the reading of (he Journal today, w h:i
Chairman Mann vt the Interstate ami
foreign commerce committee moved a ul
stlluie to section U of tin: bill, previously
Mriikiii out in committee of the whole,
piovldlng for a merger of tallroad aim
water carrier corporations under the regu
lation and supervision of the Interstate
Commerce commission. Tills substitute
was defeated by nine votes, the ayes be!n;;
PH) and the noes Pi.1.
.New Enalnnd Itcula Siilistllatr.
Most democrats voted pollilly aniilnsl tli"
substitute nnd they had the aid of u nuiii
hcr of the Insurgent, but the defeat of
the substitute lies ut the door of the New
England reprt scntatlvfs, who saw in the
sqction dlro disaster to Interests of that
section ami registered theli opposition In
no uncertain way.
On tho substitute republican membci!
from Nebraska were a unit In lis fuvor
although Congiessman Klnkaid voted
"no" when his iiiimo was first called out.
but changed before the vote was an
nounced by Speaker Cannon. The lou
members separate d, ns has been their cus
tom sjnee the beginning of. lh Slxty-iflrs.
congress, ' the jll'.nMhg voting , "aye":
Kennedy. Dawson, Pickett, Good "'Wi
Smith, the "noes" In'tho Iowa delegation
belugas follows: Haugrn, Kendall, oml
Hubbard and Jamlcson.
Hull was absent, but paired In favor ol
the bill. The motion of Adumson of
tlcorgla, the ranking minority member of
the interstate and foreign commerce com
mittee', to recommit the bill with Instruc
tional to knock out the commerce court and
certain other provisions which the demo
crats do not like, was defeated by the vote1
of 17t" to 1.Y7. Congressmen lllnshaw ami
Klnkaid of Nebraska voted "no," while
Norris voted "aye." The Iowa delegation
voted precisely the same on motion to com
mit as It did on the Mann substitute.
The Wyoming and South Dakota mombei.
voted with the majority of the pati.s
(hroublioiit.
The triffic agreement clause and the pro
vision permitting railroad to purchase the
stock of non-conipetltlng transportation
companies were tho chief features of the
measure as reported to the house comrnli
teo on Interstate and foreign commerce th::
were stricken out by the house.
Slight t haiigea.
In other respectn the provisions of the
measure as drafted by Attorney General
Wiokersham at the instigation of President
Taft, and later amended 111 commlttcv.
were but slightly changed.
The section to provide for the creation ol
a commerce court were retained with but
fow amendments, as were the paragraphs
placing limitation upon Issues of stock.
"It Is the best bill over parsed by the
house," said Mr. Mann of Illinois, In charge
of the mousure.
On the motion vlo recommit the bill twclvi
republicans voted with the democrats. They
were Cary and Leuroot of Wlsconiln, Davi-,
Llndberg and Nelson of Minnesota, Fowler
of New Jersey, Oronna of North Dakota,
Norris of Nebraska, Polndexter of Wash
ington and Woods, Haughen and Hubbard
of Iowa. Representative Havens, the newly
elected democrat from New oik slate, was
the only democrat who voted with the re
publicans against recommits).
llrown afa President.
Senator Brown belongs to that cluss of
republicans who believe that he should be
on speaking terms with a republican presi
dent and today without bell J) s nt for,
but on his own initiative cnind on Mr.
Taft and a a result had nearly ilirn-
1 quarters of an hour's conference with (he
chief executive.
Railroad lalts legislation wus the topic
most largely discussed, the strong points
In administration's program and Its weak
points as well, were gone over dlspasslun-
ately neither President Taft nor Senator
Brown mincing matters nor forgetting that
both represented co-onlliuiie branches of
the govermciit and representative ton if
the party In power and responsible to coun
try for legislation enacted.
Talk must have been clarifying al least
I so far as Senator Brown Is concerned for
I ho said later (hat tho president uin ii
wholesome legislation as to railroads cinl
j would do everything In his power .0 bring
I such legislation about.
I While Senator Brown did not say so in
so many words, it Is inferred tint ilu
I president feels sorely disappointed uul ps
! slbly hurt, that the friends of 'he Ronso
I velt policies and the platform ore ml
I more enthusiastic in support of ihe ml
I mliilstrutlon In Mr. Taft's efforts . miry
them out.
' It is p'arnf.d that the president Is doici -mined
to enlarge the poweis of t li Jndi
statu Commerce commission and to g.vi
Ihu commission more effective control
the matter of rates. H? Is strongly
favor of putting tho burden 011 the gmern
incut, rather than on the shipper to n