The Omaha. Daily Bee. THE OMAIIA DEE Is thti most powerful business getter In the went, because It (oet to the boUiet of pour and rich. WEATHER FORECAST Kor Xrbrnskn Fair and warmer. For Iowa Fair In west. For weather report ?e pape 2. OMAIIA, WEDNESDAY MORNING, MAY 18, l'UO-TWELVE PAGES. VOL. XXXLX(). lC. SINGLE COrY TWO CENTS. SHIPPERS FORM FIGHTING BODY Traffic Associations and Individual Manufacturers Unite to Combat Raise in Rates. JOHN E. WILDER IS PRESIDENT Shippers from Many States in Con ference in Chicago. WESTERN " MEN WIDE AWAKE Meetinf in Omaha, May 25 Will En loin Proposed Rates. NO REASON FOR ANY ADVANCE Sprakrra Contend thnt lllaher (Charges Arc Not ISeeeaaary, Be. cease Net Karnlnae of Hall roada Ar tirowln. CHICAGO. May 17. The concentrated op position if I7" bl- manufacturing compan ies to an advance In railroad rates took form here today In the permanent organi sation of Individual organizations and com pat.b's Into a hi association to fifiht the roadr. The following of fleers were elected: President, John K. Wilder. Chicago; vice-president. H. F. Spencer. St. Louis; ancrttary, E. K. Williamson, Cincinnati. E. J. MeVann. of the Commercial club, Omaha, announced that western shippers probably would seek by Injunction to pre vent the raise In rates scheduled for June 1, from going int- effeot. A meeting to take final action, he said, will be held at Omaha on May 2'. .Many CHIre Kepreaented. VlKoroualy opposing tho proposed ad vance In freight tales, which carrier In j official classification territory and western trunk line territory have decided to make, shippers from all sections of the country gathered In conference here today at one of the largest meetings of shippers assembled for yean The conference was called to order by j W. II. Burne, vice president of tbe Ml- roia Manuu urers' association, undei w hose ausp.eej tue meeting is being held. A )eiter from Mai tin B. Madden, congress man Horn the First district of Illinois, ex plaining the provisions of the bill amend ing the Hepburn act, was read. A com munication frcm Ohio C. Barber, chairman of the board of directors of the Diamond Match, company, urging united action, was also i tad. Among those who addressed the confer ence were: William Duff Haynle. counsel for the Illinois Manufacturers' association; 11. C. ha r low uf the Chicago Association of Com merce; B. E. Williamson of the Cincinnati htcelvers' and Shippers' association; C. 11. Gregory of the Manufacturers' and Ship pers' association of Rock ford. III.; O. I-'. KM of 'Dear &'C6:. Mollne. III.; W. J. Kvans of the National Association of Im pllment and Vehicle Manufacturers; P. M. Hansen of 8t. Louis; C. L. Lingo of In diana Harbor, lnd.; F. T. Bentley of Chi cago and C. T. Bradford of Chicago. All of the speakers declared the rates on many' articles are already too high and that the carriers are wrong in their con tention that higher rates are necessary to meet Increased operating expenses. Address of Mr. Burn. In opening the meeting Mr. Burns de clared that the railroads, when their at tempt to advance rates two years ago was defeated, promised the Illinois Manufac turers' association that in the future ship pers would be notified before any attempt at advancing rates was made. No notice of the present advance had been given, he said. "Your representatives have received no request for conference, notwithstanding it 1s well known that the roads in official classification territory intend to advance their rates- from II to 20 per cent and the western trunk line roads have already filed their tariffs for advances as great as 10 per cent," declared the speaker. "They have also withdrawn commodity rates and reached out to grasp the large Increase In their net revenue. "The situation which presents itself is unusual. Almost every important shipping V. center between the Rocky mountains and the Alieghenles is represented here today and many of thosa who are not represented have taken steps to co-operate or unite with each other In opposing the advances, v "For Instance, the Missouri river states "wilt hold a conference tlili week to gain united action on the pan of the commer cial and Industrial centers along that great western course. We are In the market to buy transportation, The railroads have it to sell. nitnnflon la I nuaual. "In scanning the history of Industrial progress or the commercial world, can you find another Instance where the man or men having something to sell assume the anomalous position of forcing his custom era to meet In convention for the purpose of bringing about a united front to pre vent Jlhe advance in the price of the com modity? Did you ever know of a success ful merchant or a successful manufac turer who was constantly fighting his cus tomers? "What right have the roads to appeal to tlia sympathies of the peopl ) c f Ihis country and make the public believe they have been generally abused, and that the railroads are getting the worst of It? "Even since, the convention two years ago the railroads have put up a sympathetic front and pounded the man to whom they sell good Into creating an agitation to make the public believe the man in the railroad business was getting the worst of It. "It Is largely due to the railroads that thla agitation about the high cost of living has taken place. They have got the public y worked up to a point where It believes that the railroads are not making any money. a s lPr"l on ful.l'e Oulntoa. P'Ae to what legal remedy we have the ' lawyers will have to guide us. but 1 want to asvure you that there is no result-getter like public opinion. If the people t,f this country rise up and show ihe r determina tion to stop the railroads frjin adding any more tax to their food, from adding any mora tax to their clothing, from adding any more tax to the things they use. you w.ll have to appeal to the courts, or the In terstate Commerce comisstnn, or congress, or any state legislative body. 'There Is nothing in this country that will straighten the railroads out like public k sentiment when It la th.?ioughly aroused, i tiut' "ptlins It takes a volcano to arouse d publntlment" If Hyde is Denied NevvTrialHeMust Go to State Prison He Cannot Remain in Jail Pending Appeal of Case to the Su preme Court. KANSAS CITY, Mo., May 17. If Judge Ralph H. Latshaw overrules Dr. II. Clark Hyde's motion for a new trial when the matter comes up some time thtg week, the physician will be sent to the state prison immediately. The court made this an nouncement today. "The law provides," anld Judge Latshaw, 'that a co"'-'"' " man shall begin serving his senteni oon aa his motion for a new trial li j- 1. Whether or not ho ap peals make y ffererice. There are sev eral men I j -lng time In the state penitentiary ' cases are being con tldered by treme court. Therefore If I see fit t C Dr. Hyde a new hear ing, he will c r itenced next Saturday and started as suits the - on as soon thereafter ence of the marshal's off let. U - "Of course li'-" ' not mean that I shall not grant the ', . ui a new trial. If his attorneys show what I deem good cause for another hearing, they shall have it." Should Dr. Hyde lose his case In the su preme court, says Judge Latshaw, tho costs would be upon the defendant nlone. Mrs. Hyde could not be forced to pay a cent of them. While, Dr. B. Clark Hyde is In jail, he is not going to permit his medical mind to be come rusty. Today the physician had one of his attorneys bring him a score of texts from his office. He will study them regu larly each day, he says. Professional associates of Dr. Hyde are not surprised at his studying in Jail. He was known among the physicians as a seri ous student and was well abreast of the times in medicine and surgery. It was largely in recognition of his ability, it Is said, that he was elected president of the Jackson County Medical society last fall. Hyde has become popular with the pris oners at the Jail. He is an honorary mem ber of the "mock court" by virtue of hav ing paid SI Initiation fee, when the regular cost is but Bl) cents. The physician also plays cards with the Inmates to while the time away. JEFFERSON CITY, Mo., May 17. -At torney General Major will appear In behalf of the stnte when the motion for a new hearing for Dr. B. Claik Hyde Is argued before Judge Latshaw. Prosecutor Virgil Conkllng today re quested the attorney general to be present. Charges Against American Officers French Fisherman Alleges Malereat ment on the Cruiser New York. TOULON, trance. May 17,-e-The crew of a fishing boat which was engaged early today to take officers of the American cruiser New 1f6rk from shore to thelrshlp later lodged coir plaint With the police, al leging .ill treatment' at the hands of certain officers and men of the cruiser. The Amer ican consular agent, Francis M. Mans field, has been notified. The fishermen charge .that when one of their number went aboard the New York to collect the fare of their two passengers he became Involved In a dispute during which the officers cruelly beat him, while sailors of the warship threw palls of hot water on his companions In the boat. HEIKE TRIAL IS RESUMED Work of Killing; the Jury Box Will Probably Be Completed Be fore Dar la Over. NKW YORK. May 17. Completing the work of filling the Jury box was expected to occupy only a short time when the trial of Charles It. Helke, secretary of the Amer ican Sugar Refining company was resumed today in the United States circuit court. Helke, with flvo others, is charged with conspiracy to cheat the government out of iiugar duties by underivelgMng curgoes. He Is th highest officer of the so-called Sugar trust to be prosecuted by the gov ernment In connection with the sugar un- derweighing scandals, and is specifically cnargea wiin enuoiMus cm-cnn urawn uy the tiovernment for the rrfund thought to be due the sugar company when the al leged false weights were turned in by the w elghf rs. Mr. Helke pleaded Immunity, but his plea was disallowed by the United States su preme court CREDIT MEN AJJJEW ORLEANS masses) Inn Made that Million-Dollar Fund lie Raised to Proar eatc' Frauds. NEW ORLEANS, May 17. More than I. 000 delegates from nil sections of the country are in attendance on the annual convention of the National Credit Men's association, beginning Its sessions here to day. Recommendations that a fund of II. 000 be raised by the association for the surprrsston and prosecution of fraud will be one of the most important matters un der consideration. Among the fe-tures of today's program was an address by W. A. Fendergast, comptroller of New York City, and former secretary of the Credit Men's association. F. H. Meadow of Chicago Is president. Auto Dealer is Fined for Tearing Policeman's Pants The case entitled "Officer Wilson's Trous ers versus H. K Fredrlckson" came tJ trial in police court. The trousers won. An experience in which he coasted down Farnam street near Sixteenth street on a "dead" motor and threw- patrolman Wilson Into several somersaults, cost Mr. Fred rlckson $V6 and Incidentals under a charge of reckless automobile driving before Judge Crawford Tuesday morning. .While Court Officer lllover dragged at his arm and strove to take tbe prlaoaer Into the Jail room, Fredrlckson made con tinued efforts to get a bondsman and t appeal his case to a higher court. He at tempted to submit a check for the amount of his fine ta apply on his bond, telling the court clerk that he bad bten unjustly CUMMINS SPEAKS FOR AMENDMENT Iowa Senator Defends Provision in Railroad Bill Giving; Power to Commission. BURKETT STANDS BY HAWKEYE Nebraskan Declares Himself as Unre servedly Favoring; Plan. COURT RULINGS IS THE SUBJECT Would Give Interstate Commerce Body Action on Cases. MUCH ILL-FEELING EVIDENT Inaararnte Refuse to Accept lipase Amendment neelsrnatlna; How , Salts Must Be Bronsrht. WASHINGTON. May 17. -There were In dications of 111 feeling between the regular and Insurgent republicans when the senate convened today. The pending amendment to the railroad bill whs that offered bv Senator Cummins to require the retention of the presort rule thnt suits tinder the interstate commerce j-ct be brought aSHlnst the Interstate Commerce commission, lather thr.n against the government, as Is pro vided In the administration bill. I'nder the Cummins amendment, the commission, not the attorney general, would have cliarga of the defence of the sult;. Mr. Cummins arose to i-peak on his amend mtnt. Senators Aldrlch and Klklns hurried about on the floor and there was a great deal of confusion. Finally Mr.' Clapp com plained of the lack of order. On his desk and on those of LaFollette. Dolllver and Brlstow were piled books rnd papers, indi cating that they expected to speak at length. "Will you accept the house provision designating parties to suits?" asked Senator Elklr.s. "Positively not." replied Mr. Cummins'.- Under the White House dictum declared at the midnight conference Saturday, Uie supporters of the administration bill were trying to formulate some agreement that wouldl command the solid republican sup port. The conservatives expressed willing- nPU I. ttArtnnt t. , . " progressives view as to the defense of suits If they would con sent to the withdrawal of the .Cummins amendment to pVohlblt the Increase of rates oy railroads without the prior approval of the Interstate Commerce commission. senator Cummins' followers were obdu rate. Senator Dixon, who led the forces that compelled the acceptance of an amend ment on the subject of long and short hauls, acted as the Intermediary between the conservatives and the nr.iiri-en.iuo. For a time he met with encouragement, hut as the negotiations proceeded It was re ported that the several Insurgents, who had not been Invited to the White House Saturday night, "had heard that reflec tions on their course had been made at that, gathering, even by the president Him self." Governor Has More Power than King This is What Mr. Shallenberger Tells Democrats at Beaver City Love Feast. BKAVER CITY. Neb.. May 17.-(Sp?clal Telegram.) The much advertised democra tic love feast came to a close at 1 o'clock this morning, closing with an hour's speech by uovernor Shallenberger. The governor came In time for the banquet,-which was deferred for two hours, awaiting his ar- .lt.nl T ... . ""i" vere responaea to Dy Thomas Colefer of McCook, J. II. Mooney of Ara panoe, iiepresentatlve Keely of Beaver City. Bernard McNeeny of Red Cloud, can didate for attorney grneial; H, C. Rich mond of Omaha, C. O. Harmon of Hold rege, who announced himself as candidate for congress and R. D. Sutherland. . The latter, replying to Mr. Harmon, said thnt he supposed that the conirrcf wlnnnl plum was his preserve and he wanted to ,i0 no tresspassing. He said that It wn his ambition to be elected on the ticket this fall witU the present governor. The gov ernor devoted nearly all of his address to his administration and dwelt at length upon the signing of the elaht-bnur law Ho ..i.i that the great mistake of the democratic party was when It did not oppose slavery anil that If the democratic party was to win In the future it must go on record for morality and opposed to the Honor traffic. Plates were laid for 20.1 guests and there were but 176 guests. One feature was the presence of a subject of King (Jeorge.V, In the person of Mrs. B. C. Smith, who is visiting here from England. Referring to Mrs. Smith, the governor stated that he had more power as executive In Ne braska than had the king, as the governor dared veto a law, while the king would be sure to lose his crown should he at tempt such a procedure. Antl-Dynnatlc Fee Una In China. PEKINO. May 17. Reports from Hank ing, the capital of the province of Kiang Su. tell of serious evidences of unrest among the Chinese. The natives are cut ting off their ques, an -tction which con stitutes an antl-dynastlc demonstration. The antl-forelgn feeling Is said to be increasing charged and unjustly fined, all In vain. Clerk Mahoney refused to accept the check except as a payment of the court fine. In the end, W. H. Wlgman, manager for Mr. Fredr'ckson, signed a bond In the sum of !) and the defendant was liberated from Glover's clutches at the Jull door. Policeman 'Bill' Wilson told the court that Kiedrlcksm had made his way down Farnam at a most unseemly rate of speed and that when the policeman stopped him and stepped upon the running board. Fiedrlckson had started up his machine In a Jerk calculated to make sixty miles an hour. Officer Wilson damaged a fine ti pair of trousers upon being thrown from the machine. Fredrlckson's defense was that his motor was not in operation and that be was merely coasting. v.-'- V T ''Wonder What's Keeping that George Upstairs so Long." From the Cleveland Plain Dealer, . RING'S BODY LIES IN STATE It is Taken to Westminster Hall with ' Stately Pomp. MONARCH WALKS BEHIND CASKET King George la Followed by Hla Two Sons and Behind Them Come tbe Klnsja of Denmark and Momay, LONDON, May 17. The body of . King Edward VII, the peacemaker, was taken with stately pomp this morning from Buck ingham palace on the flr-t stage of the Journ-y to the grave and now lies In state in . Westminister hall, where hundreds of thousands will pay a last tribute to the dead .monarch before the final passage through the streets of the copitat on Thurs day. The, procession from Buckingham palace to Westminster hall passed through doubled lines, of red-coated soldiers, flanked with rows of . policemen, and a mass of silent. black-garbed humanity. - The buildings , along the 'route were heavily draped with mourning. The Ger man and other embassies In Carltoa house terrace were covered with funeral palls of black and purple, relieved occasionally by green wreaths and hoiKtmils of whRe lWea. The first -intlmatlon-i. that v the crowd; which had born waiting for -hours, had of the approach of the funeral 'cortege was the booming of the first of slxtyteight min ute gnns, which were fired at-Bt. James' park, followed by the tolling of "Big Ben," the great clock In the toner of the House of Commons, which heretofore has been heard only as it struck the hours, and by the roll of muffled drums. Then a guardsman with sword reversed came, down the Mall at measured 'tread, two other guardsmen following close be hind. Then came the officers of the head quarters staff, the army council' -and the board of admiralty. As these appeared the troops came to a half salute with reversed guns and remained thus until Field Mar shals Lord Roberts and Lord Kitchener of Khartum, the admirals of the fleet,- the Indian orderly officers In black uniforms, and the aides-de-camp of the late king passed. Kins Marches Behind Casket. As the gun carriage on which the casket was borne moved ahead, the order "rest on your arms," was given sharply. With heads bowed the soldiers kept their eyes on the ground, while the body of their late king passed, coming to attention again for the royal standard, which was carried Imme diately behind the casket and In front of Kins George, who, like the officers and other members of royalty, was afoot. The duke of Cornwall' and Frince Albert, two little figures in the natty uniforms of naval cadets, followed their father? King Frederick of Denmark and King Haakon, with the duke of Connaught between them, came next and then followed the other members of the British and foreign royal families In gorgeous uniforms, the only touch of mourning being the black bands on the sleeves of their ocats. An army of officers of the late king's household, nearly all of them In bright uniforms, but a few of them in mourning dress, followed. The greatest Interest of the crowd was aroused at the approach of the first car rlage, for in this rode the queen mother Alexandra,' to whom the hearts of all Britishers have gone out during the last week. aeen Mother In Klrat Carriage. Her majesty, weerlng the deepest mourn ing, had lifted her veil, and the people rev erently raised the-r hats to the pathetic figure, who, even in the hour of her great grief, acknowledged the silent testimony (Continued on Second Page.) People who can get along very well with second-hand things, are watch ing the For Sale columns of The Bee daily. Every day someone Is advertis ing an article that they do not need, and every day somebody is snap ping up these articles. You have something about the house that you do not use? What Is it? It has value. Somebody wants it, and will pay for it. CulM)ouglas 23S and de- I scribe it to the ad taker nnd I he will tell you what an ad I will cost to sell it. Battling Nelson Has Interview with Cannon Pugilist Says Speaker Would Have Made Great Featherweight if He Had Trained Early. WASHINGTON, May 17. "Battling" Nel son, called on' Speaker Cannon at the rap Itol today and after carefully looking over the. latter's spare frame from a respectful distance averred "that the speaker would have made a' great featherweight." Introduced to the speaker by the latter's secretary, Mr. Hub by, ' Nelson grinned broadly at the smiling speaker. "If you had begun boxing a few years ago youwould have' made a better boxer than a speaker, and " you are certainly some speaker," led out Nelson. "Now. that's what I call a pretty nice compliment," countered the speaker. They went on to talk at length of ath letics. Some of the group surrounding the two Informed the fighter that the speaker took hla daily exercise and always kept him self fit. " "1 knew he was there on the training," replied Neleo,-f 'you can't fool me about telling when a boy is In shape. The speaker shook both Nelson's hands, felt his biceps and shoulders and slapped him on the back. The examination was freely returned by Nelson who carefully ran his hands over the somewhat gaunt frame of Speaker Cannon. "Say," said Nelson, as he ran his fingers up and down the speakers's arms and looked him over from head to foot, ."I heard you were a big man, but you're only a little fellow." . . Uncle Joe grinned and put up his hands In approved pugilistic style. Nelson ac cepted the mock challenge and put up his practiced hands as If In defense. Speaker Cannon made a few swift passes at the fighter, who backed away laugh ing. "' 'Philadelphia Jack' O'Brien taught me those," confided Mr. Cannon. After the Informalities of the unique in troduction were over the speaker stepped Into hla private office and emerged with a box of cigars which he opened and proffered to Nelson. "No, thanks," said Nelson; "I never smoked a cigar or took a drink of liquor In my life." "I wish I could say that," frankly ac knowledged the speaker. Nelson was at the capitol to appear be fore a committee In opposition to a bill Introduced by Representative Smith of Iowa, prohibiting the exhibition of moving pictures of prise fights and transmission of descriptions of prize fights by wire. SPANISH OFFICER KILLED IN RIOT AT VALENCIA j Collision ' Between Itvpnhllcana and fiendarmea Reanlta In Injury ' of Several Persona. MADRID, May 17.-A collision between republicans and gendarmes is reported from Valencia in connection with the manifesta tion In honor of the arrival there of the Republican Deputy Senior Serlano. The gendarmes charged and the republicans used knives and stones. An officer was stabbed and killed and many persons were wounded. Fifty arrests were made and order was finally restored after the manifestants had sought refuge at the Republican club. Pioneer Poatmaater Dead. SIOUX FALLS. S. D., May 17. (Special.) W. T. Dale, postmaster at Mellette, who died a day or two ago, In point of service was the oldest postmaster In South Dakota. He was over 70 years of age and served as postmaster of Mellette almost continu ously since the town came into existence In 12. He Tries to Drink Red Pop, Struck Dead by Lightning FORT DODGE, la.. May 17. (Special Telegram.) Even soft drinks sre not with out their dangers. A freight handler, em ployed by a railway company here, raised a bottle of ruddy strawberry "pop" to his Hps while standing In front of a peanut stand near the depot here last night, and was struck dead by lightning. The dead man, Joe Anderson, a negro, 24 year of age, was standing at considerable distance from the building or the telegraph poles when a shaft of blinding light, ac companied bv a sharp report strut k him squarely on the head. Anderson opened bis eyes wide In teiror, BRYAN WANTS REFERENDUM Says Fear of County Option Leads Some to Oppose It. HOPED TO DELAY THAT SUBJECT Believes Option Inalead of Haute ulna Prohibition Woold Delay It ( Defeat Wonld Hasten 1. W. J. Hryan, who spoke last evening at Washington hall, which he rented himself, told his he.irers that he preferred to have the question of county option delayed for two years, but that he would Insist on tho qeuntlon of the Initiative and referendum being taken up and considered at once. He declared the liquor interests had de feated the initiative and referendum before the last legislature. Mr. Bryan said in pint: "We might as well prepare for the con flict and settle now the question whether a special pecuniary interest can control the policies of the parties of the states; silence conventions on Important irues and then set up legislatures by secret manipu lation. I for one am not willing that the democratic party shall go Into the present campaign as the open and avowed repre sentative of the liquor Interests. 1 do not know how many of the democrats may aree with me. There is no way of find ing out where our party stands unless a fight is mado, and I am willing to be counted as one who protests whether those who agree with me are few or many. I believe that they arc many; in fact, I believe that If the matter can be fairly presented to the democratic ovters a larxe majority will record themselves us un alterably opposed to tne domination of cur party by the liquor interests. At leaht I will nut admit it until we are voted down in the convention or at a primary that a majority o fthe democrats are will ing to take orders from the liquor dealers who havo a p-icuniBry Interest In opposing all restrictions and who have in the op pjsed try Important effort to limit the evils o fthe saloon. "The liquor interests have no politics. They are willing to act with any party they can control and agaltist any party tl ty cannot control. "When county option Is secured each county will have the right to vote on the subject of saloons and there Is probably not a county in the Btale In which the saloon Interests would be willing to sub mit a proposition In line with the argument they now make. They would be willlntr to ask that a victory against county option be construed as a permission to establish a saloon anywhere and everywhere regard less of local sentiment. When we have county option the liquor interests In each county will be very glad to have It under stood that any town In the county can adopt a no-license policy In case the county Itself does not adopt a no-saloon policy. The fallacq of the argument to which I have referred lies In the fact that the opponents of county option talk of what Is fair to the saloon. The word "fairness" ought not to be used by an advocate of the saloon. "There Is another argument which I have heard advanced. Men have told me that a majority of the people of their county favored saloons, and that the saloons there fore ought not to be disturbed. My answer is that under county option the people of any county can have saloons If they want them. The man who opposes county option ought to be arked to answer a question: 'Are you afraid that under county option the saloons of your county will be closed 7' Optiou and Prohibition. "I submit that the people who want the saloon ought to be satisfied to retain the saloon In counties that want them, without Insisting that Ihey shall exist in counties that Mre opposed to them. If the liquor In terests Insist that liquor shall be sold in a county even when a majority of the peoplt of the county are opposed to It, then can- (Contlnued on Second l'age.i gave a swift glance about and ran, throw ing the bottle of red pop far from him. He dashed across the street In a direct line heedless of all that lay In hla path. On reaching the opposite side he fell with out a sound. When bystanders reached him he was dead. The negro's dark skin had visibly paled to an nshen shsde through the effcrt of his sudden sight of the death that over took him. The stroke of lightning which killed An duson was the only discharge of elec tricity which occurred during the slight turiu KERRY ON STAND, TELLS OF LETTER Discharged Stenographer Says He Discussed Lawler's Note with Garfield and Pinchot. APPEARS AS THE FIRST WITNESS Says Thomson wts Slated by Bal linger as Reclamation Head. TAFT'S STATEMENT IN RECORD Chairman Nelson Presents it to Fed eral Inquiry Committee. FIRST DUTY TO HIS COUNTRY This, Declares Kerb)-, Compelled lllm to Ulve Facta Which, He Says, Chief Clerk Failed to Do. WASHINGTON. May 17,-Frederlrk M Kerby, whom Secretary Dalllnger dis charged yesterday for publishing confiden tial Information of the department on the department on the stand today before the Hallinger-Pinchot Investigating committee undertook to Justify hla action as the ful fillment of a public duty outweighing tht loyalty he owed to Mr. llalllngor. Kerby calmly underwent the ordeal to which the republican members of the com mittee subjected him. He Insisted there ' was no Impropriety In what he had doae, declaring that ' If Secretary Balllnger had responded to the call of Mr. Brandeis for the "Lawler mrnorandum" It would have been unnecessary for him to have taken the course he did to get the Information before the committee. Kerby said his former chief, ex-Secretary Garfield had told Mm at Ulfford Plnchot's home In this city last February that It was his duty to tell tho facta It ho was called on to do so. It was on that oc casion, he said, that he had first told Garfield and Pinchot of the memorandum in the presence of Attorney Brandeis to whom he had later mentioned that he knew It to be Mr. Balllnger's purpose to sup plant Director Newell of the reclama tion service, with R. H. Thompson of Seattle. Kerby read leters of Secretary Balllnger to K. H. Thompson, city engineer of Seat tle, suggest Ing that he accompany George W. Perkins of J. 1'. Morgan & Co., to Inspect Alaskan mineral lands. When the first call for the memoran dum came to the department, Kerby said. Stenographer Massey, who also assisted Assistant Attorney General Lawler in pre paring his memorandum fur the president, said to Private Secretary Carr: "You kpow what that means, don't you?" Can's reply, according to Kerby. waa: yea, but they'll have a hard tima get ting The name, of Hugh ,'A. Brown, private secretary to Director of the Census Du rand, who formerly served Secretary Gar field In the same capacity, was brought Into the Inquiry today. Kerby said he had mentioned lo Brown soon after the publi cation of the president's letter exonerating Balllnger and dismissing Glavls that: "We practically wrote It In the secretary's of fice." He said he told Brown In confidence, but the latter mentioned It to Garfield. Kerby declined to agree with Senator Sutherland that he was a "Cautious pa triot" In making sure o: a ...w Job be fore he risked losing his u... oiie. Senator Root was pt'. t.cu.ariy bitter In his questions to the wiiutss. "Do you think It was a ivputable transac tion," he demanded, "to so to persons un friendly to your viipir.ui', with confiden tial information of Iuh d-'partment?" "I did not under ilie cii cumstances," re plied Kerby. "The country had the right to any facts that my superior had before him." l.ntvlrr on lund. The drfens'j In tho Mailing cr-Plr.chot In vestigation plaetd Assistant Attornty Cen tral Lawler on the stand late this arter noon. Mr. Lawler said that the rough notes of the memorandum were burned by hla orders because he was confident that I e had been "gumshoed" for months and he was afraid) some one In the department would be corrupted as "Kerby has been corrupted." There was hissing In the audience when Lawler said Garfield nd Pinchot were be hind the "con upters" Mr. Lawler criticised ns an absolute and unequivocal falsehood the statement thai in the preparation of his memorandum for the president that he had consulted u i Ingle person under heaven." Taft Letter In F.vldence. President Taft's explanation of the cir cumstances under which his letter exon erating Secretary Balllnger from the Glavls chargis and dlsmihKlng L. R. Glavls wa. prepared and was presented by Chairman Nelson to the llalllnger-l'itichoi investiga ting committee when the hearing was re sumed today. It v. ill be printed aa a part of the iicord of Hie committee. Mr. Brandeis, counsel for Glavls, has laid great emphasis on the president's letter of exoneration and dismissal, contending that the memorandum on which it was based was prepared In Secretary Balllnger's de partment by Assistant Attorney General Lawler. The president In a letter which he addressed to Senator Nelson last Sunday says he had tin Lawler memorandum be fore him when he prepared his communica tion, but that he alsn nart notes and mem oranda given him by the attorney general, who had agreed with the president la the conclusion lie had reached in t he matter. While Commissioner Dennett of the gen eral land office was under cross-examination last Saturday Mr. Brandeis Indicated that he intended to raise the question why the Lawler memorandum had not been fur nished, together with the other papers bear ing on the case, which tile piesldent had sent to the committee. A carbon copy of the Iawler memorandum was furnished the committee by , Attorney General Wicker sham coincident with the publication of the statement of Frederick M. Kerby, then a stenographer In Mr. Balllnger's office, that he had assisted Mr. Lawler In preparing the document and that U, was similar In many respects to the president's letter. Mr. Wtckersham sent an explanatory letter ta the effect that the document had been over looked !n previous search of the depart ment files. It 1 expected that Mr. Bran dels will endeavor to locate the original memorandum. Kerby la Flrat Witness. Frederick M. Kerby, formrrly a stenog rapher In Mr. Balllnger's office, who was dixmissed yesterday on the ground that he iCoiitluued on 1'a.sa Three. I