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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 27, 1910)
The Omaha Daily Bee.
; the Omaha dee
Is the wort powerful business
getter la the west, became It goes
to the homes of oor and rich.
For Nebraska Probably Showers.
Kor Iowa TrobaMy Showers.
For wenther report set page 2.
VOL. XXXIX NO. 294.
OMAHA, FRIDAY MORNING, MAY 27, 1910-TWELVE PAGES.
SINGLE COPY TWO CENTS.
MRS. DOXEY HEARS
Defendant in Erder Murder Trial
Branded by Lawyer as Cold
INHUMAN PLOT IS CHARGED
Taft Will Not
On His Arrival
Special Ambassador Will Probably Go
to Washington to Report Result
of His Mission.
Ex-President Receives Honorary Title
Turns Down Senator Cummins' Plan
of Doctor of Laws from Uni
versity of Cambridge.
Rejulating Increase of Rail
CEREMONY SHORN OF SPLENDOR
TAKES r0WER FROM COMMISSION
r ' 6 f
Woman and Husband Involved in
" ... I
foman and Husband Involved in
Conspiracy to Secure Wealth.
PHYSICIAN HELPS DEFENSE
Says There Was No Indication that
' Poison Caused Death. f
HEARING ATTRACTS BIG CRl
I . " . v
Prisoner Evinces No Distress ov
Opening; Dif and Gftlmea "mllea
Jory Composed of Mar
. . I!
' HT. LOUS, May. 2.--Mi s. Dora E. Doxey,
accused of poisoning WUHam J. Krder,
heard herself- described as an -avaricious
and cold-blooded murderess." wHh the ut
most composure today, when Assistant Cir
cuit Attorney C. A. Newton made his open
ing statement in Judge Grimm's court. Ex
cept for a slight Indisposition In the early
hohrs of the session. due o a sleepless
night, she evinced much interest in the pro
ceedings. When the state's first witness. Dr. t.
Arthur Friedeberg. the physician who at
tended Erder during his last Illness, proved
an excellent Witness for the'defense under
th gruelling cross examination of her at
torney, she emiled.
The . nhvslclan admitted that there was
nnihinr in mh'i condition before his
death' to Indicate he was being poisoned
Mrs. Doxey, deprived o"f the company of
her father and slater In the court room
because they ara to be witnesses, turned
her attention to the state's evidence and
offered many auggestlons for questions to
her attorney. Judge Orrlck C. Bishop.
A crewd which packed the court room and
the oorrldora adjoining, kept deputy sheriffs
busy. Adjournment was taken at o'clock,
aftef tvo witnesses ljad been examined.
Husband ' Alio Aroused.
The stat -and RossUopf expect to show
that Mrs. Doxey hatched a plot 'and
through the aid of her husband, Dr. Loren
B. poxey -who n awaiting trial, carried It
out He said the state would prove Mrs.
Doxey- deserted her first husband- for Dr.
Doxey .. .
JI said the state would Introduce as
evidence Mrs, poxey's signature to a cer
tificate when she marrle4 Erder.
Rosskopf detailed the cacodylate of soda
which, It la alleged. Mra. Doxey gave to
Erder.1. He aald hs expected to prove that
while the strong arsenical compound was
betttf administers! Mrs. Doxey waa. most
' affectionate-, v. , V '
Mrs. , Doser'a father and sister were ex
cluded from the court room with other
Mlprf Kats Erder, sister of the man al
leged to have been poisoned, today an
nounced her purpose of pushing one of the
two o(hsr chargea of perjury and bigamy
in the even Mra. Doxey is acquitted In
the murder case.
Mrs. Doxey took-a more active interest
In the court proceedings this morning
after her day of rest yesterday during the
Jurors Married Men.
Th Jury which will hear the testimony
in the Doxey trial follows:
Frederick A. Gerdlng, electrician; Wil
liam J. Murray, merchant; John M. Ban
ford, freight agSnt; Charles D. Todebuss,
bookkeeper; Robert A. Tupper, machinist;
George F. Bepleer, candy maker; Absom J.
Carr, stationary engineer; Louis F. Dusard.
clerk; Albert F.. fccoff, insurance Inspector;
GultaV M. Haupt, carpenter; William J.
Mansfield, milliner; Charn-e H. Meyer,
carpenter. . ,
All of tho jurors are married.
Assistant Circuit Attorney Henry A.
Roeskcpt bcgn the opening statement for
I'lnat of- Defense.
Medical experts are ready to testify to
tho mental and moral effect of morphine as
the part of Mra. Doxey's defense, according
to former LMi'enant Governor Charles P.
& pohnson, who wm retained by Mrs. Doxey 'a
family.' Mrs. Doxey will take the witness
stand, tf the prudent plan of the defense Is
carried cut, anj will declare that she mar
ried Erder, not with tho Intention of mur
i tiering him for his life Insurance, but be
V cause he urged her to marry him, knowing
th was Dr. Doxey'a wife. In order that
he might live openly with her and not
. offend his mother and sisters.
I se of Morphine.
She will say, If she takes the stand, that
aha did not know he had any Ufa Insur
ance, but It was due to the use of morphine
that she consented to a bigamous marriage.
'How shall I Speak of her?" asked Dr.
friedeberg, , nodding to Mrs. Doxey, "as
Mrs, Erder or Mrs. Doxey?"
"Better just speak of her as 'the defend
ant,' " said Assistant Circuit Attorney C.
A. Newton, Who did the questioning.
Dr. Friedeberg aald that prior to Erdor's
last Illness his health waa fair.
II waa on the stand three hours and was
followed by William J. Roberts, the under
taker who buried Erder, and Dr. J. A.
Uartmann of the cUy dispensary. Tho lat
ter was not examined, court adjourning for
Hie day after he was sworn.
The defense brought out In the cross
examination that Erder'a symptoms did not
seem to Dr. Friedeberg to resemble the
symptoms of arsenic poisoning.
AGED WOMAN IS TAKEN TO
WASHINGTON IN HANDCUFFS
Miss Dentil, Who Jumped Bond, Is
i l Cantared by Hondeman In
WASHINGTON. May 2S.-Wtth Ills prls
W Tner, Miss Josephine Dennis, a gray-haired
oman of 64. Deputy United States
Marshal Fletcher arrived hers today from
Clifton,'. Arl.. where ht arrested her a few
days Sgo. Th prisoner wore handcuffs.
On March 1 last Miss Dennis wss ar
retted here on a charge of conducting a
secret saloon and gambling house In con
nection with b dressmaking establishment
Fletcher, then not an officer of the law,
became her bondsman In the sum of $1,600,
When; her case was called, however, she
had dlssppared. Fletcher thereupon became
active, located the woniar. n Artaona, had
' a) mslf 1 appointed a deputy marshal, went
i- ted arrested ber as a bond Jumper
a..n4-(lliv- Ha will save tl.UA
WASHINGTON'. May 26.-rrM.Jent Taft
III not ultend the home-coming celebra-
tion in honur nt TliPiwIurA . i xt
York on June 18. The pre sldent has been
urged to attend by representatives of the
Republican club of New York, who. first
suggested the celebration. On the day the
former president vails Into New York har
bor, President Taft will be at Villa Nova
Tl. .... . . '
., iMdvuig me degrees of Doctor of
jurisprudence from St. Thomas college.
i There la much speculation in Washing-
"1 t.V Z
"J- will meet. There Is a strong prob
, nowever, mat Colonel Roosevelt as
-ning special ambassador represent
, vfiiieu fiaies at the funeral of
V 'XJ wl" come t0 Washington
"v ' 8 arr,val In this country to
.e,ioi state department.
In t. ;,t he probably will be enter
.-rv,.uo uouse during his stay
In Washington. In case the president and
..... noose veil ao not meet under these
circumstances, it Is said their first
change of greeting will take Dlacs in New
York city June 24, or 25 at the convention
of the National League of Republican
Clubs, which both have promised to at
Exodus of Jews
From Kiev Begins
Expulsion of Persecuted Families is
Attended by Many Harrowing
ST. PETERSBURG, May 26. The exodus
of Jewish families from Kiev has begun
The total departure from that city up to
last night were 2,000 proscribed families be
longing exclusively to the poorest classes.
The exodus Is compulsory and in fulfillment S
of the order of the Russian government.
The 'scenes In the streets of Kiev yes
terday were affecting. The evicted ones were
paupers. Sobbing women clinging to their
little ones and aad-faoed ' men we're alike
escorted outside the town limits and told
to return to the placea of their birth. '
A different procedure Is adopted towards
the Jews who have some wealth. They,
however, are put to great expense, being
obliged to return to their native towns to
obtain new permits for a -visit to Kiev on
the grounds of urgent personal business.
These permHs are Issued for limited terms
and ao require frequent renewal at the
mercy of the polio officials. -
The authorities explain that part of the
number bsjrujexpelled. are recent arrlvalwf
in n. lev. .. .ww. . ,
in auinorines aaa that heretofore many
of, the lnoomlng Jews have succeeded In
gaining . a . residence through connivance
Ith minor police -officials, but that thi
year strict orders have been given that each
case la being thoroughly Investigated.
Bride of Sculptor
t. r" '
Daughter of Late Railroad Magnate
and Mr. Charles C. Rumsey Are
Married at Arden.
ARDEN, N. Y., May 26.-Miss Mary Har
riman, daughter of the late E. H. Harri
man, and one of the wealthiest ' young
women in the country, waa married here
today to Mr. Charles Cary Rumsey of Buf
falo. The ceremony waB performed In the
little Episcopal church In the presence of
tho relatives of both families and a few
On acount of Mr. Harriman's- compara
tively recent death, the ceremony was
simple. Not more than forty persons saw
the daughter of the late railroad king and
the young sculptor wedded..
A wedding breakfast at tho Harriman
home fo.lowed tho ceremony. The honey
moon. It Is understood, will begin with a
short stay at Aiken, but the greater part
will be spent here on the Harriman estate
which will be given up to the young couple
for tho time being by the' other members
of the family.- ' '
BOY KILLED BY AUTOMOBILE
Robert Prldley of Centervlllc, la.,
Ilnn Dorra by Msrhlae Driven
by Slint' Nephexr.
DF.S MOINES. la,, May 2. - Robert
Fridley, aged .7 years, was run over and
killed at Centervlllc last night by an auto
mobile driven by Lazell Sawyers, aged 15
years, son of Dr. J. L. Sawyers, a leading
physician of southern Iowa and brother-in-law
of Theodore P. Shonts of New York.
Young Fridley dodged an Ice wagon and
ran directly In front of the automobile. '
Abraham Lincoln Rises to
Defense of Family Tree
Abraham Lincoln couldn't be president If
he wanted to now,. He said so this morn
ing. ; .
"A. Lincoln. N. Y.," he wroto on the reg
ister at the Rome hotel. Then aa the clerk
took over the pen and added "A., Room
a." Mr. IJnroln' turned about to answer a
young man standing at ltls elbow.
'Bet you are a reporter.'
"Guilty. Is this Abe IJncolnT"
yes. I decline to be Interviewed.''
-Honest Abe never used to talk that
"We'l, It is' different when one Is presi
dent." . .
Think you'll run this timer
Completely at sea In the matter," re
plied Abe, warming up at the figurative
relation. "Bom that way," he added.
"Listens good; what's the answer?"
"NO Interview," , he replied coldly with
real statesmanlike dignity. .
"No; Just a story."
"1 was born In mid-ocean, not eligible
to of floe; therefore' a cut fed merchant"
Faculty, However, Displays - Enthu
siasm for American.
MOURNING GOWNS PREDOMINATE
Only Recipient of Honor and Vice
Chancellor Wear Scarlet.
GALLERIES - RING WITH CHEERS
Students Siting Teddy Bear Over
Center of Hall Durlua- Cere
mony and Shout "Teddy I"
CAMBRIDGE, England, May 26.-Theo
dore Boosevelt today received . from the
University of Cambridge the honorary de
gree of doctor of laws. The ceremony. was
brief and shorn of much of the .usual
splendor, but was marked by much en thus
lasm on the part of, the faculty, and
students" who gave their guest a Bplendld
reception. . ," ,.: ..;'... .
The conferment took place In the senate
house. Only the' recipient of the degree and
the public orator., vice-Chancellor Mason
wore the pink lined scarlet robes while
the women of the autTYence were in mourn
ing gowns. As Mr.- Roosevelt accepted his
diploma the students who crowded the gal
leries shouted "Teddy, Teddy!" and the
whole audience cheered. The old senate
building was packed with over 1,000 persons.
The galleries -were occupied by students.'
During the ceremony the students swung
a teddy bear over the center of the hall
where It dangled to the entertainment of
everybody. Mr. Roosevelt Joined In the
pleasantry and as he was leaving the
building reached up and patted the toy
beast with his hand.
Lunch at Pembroke Colleue.
The procession started from Pembroke
college, where Mr. Roosevelt had lunch,
and moved slowly to the senate house.
First marched the liveried mace bee.rers.
Next came Mr. Roosevelt in his robe and
wearing a flat velvet cap: Beside him waa
vIce-Chancellor Mason. Following the two
were several professors, while two more
bearers brought up the rear.
The proceedings of the conferment were
In Latin. The vice-chancellor delivered a
laudatory address highly praising Mr.
Roosevelt as a statesman, llteratteur.
sportsman ana peacemaker. - As he con
cluded he handed Mr. Roosevelt his diploma
while the audience gave three cheers.
The audience waa decidedly friendly,
cheering the former president frequently.
Wben-.tha?Wce-chaBce1lor referred to, the
university's guest aa a "friend ot peace
and a friend of the ' human race whose
fame is attested by all Europe," there was
a roar of approval from his listeners.
Address of Vleo Cbanceilor.
In presenting Mr. Rooftevelt, vice-Chan
cellor Mason said:
"The universal gloom of the mourning
ror King Edward Is broken by a ray of
sunshine on the anniversary of the birth
day of Queen Mary, which Is made doubly
memorable by this reception to Mr. Rooee-
The orator spoke of .the former president
as "a most welcome guest and a) man of
singular vigor and personality, who for
seven years presided over the great republic
which Is united with Great Britain by
many , ties." and dwelt on the .part that
Mr. Roosevelt had played In the govern
ment of the United States and on his ef
forts for the promotion of the peace of
He spoke, of his almost royal progress
tnrough Europe, and his literary dlstinc
lion, ana concluded by Introducing Mr.
nooseveu as "tne faithful friend of the
British empire and of all good men
throughout the world," who will continue
In the future to do good service fpr his
country." The speech waa In Latin. I
BOYS ARE LOST TO CHURCH
Sanday School Work In Vnlted States
Much Less Kffectlve Than In
WASHINGTON. May 26.-A statement
was made today before the workers' con
ference of the World's Sixth Sunday School
convention that 75 per cent of all Sunday
school boys in United States were lost to
the church and never made professions of
faith, against 3 rer cent of the same class
DES MOINES CAR BARN BURNS
Twenty Cars Are Destroyed and the
Service Is JVov Bndly
DE3 MOINES, la.. May 2S.-Flre de
stroyed the downtown car barns of the Des
Moines City Railway company early today,
burning twenty street cars and crippling
the car service badly. The loss Is 1100,000.
Mr. Lincoln of New York, a cousin of
tho dead president, came to Omaha on a
business errand. His features bear a re
markable resemblance to those of his
noted relative, a resemblance made con
spicuous as he stood under a group picture
of the three martyred presidents In the
hotel writing room.
"I can have sympathy with Nick Long,
worth, who Is tired of being a great man's
son-tn-law," said Mr. Lincoln. It lseouallv
hard to be Abraham Lincoln In 1910. Have
to tell who I am about every stop. i v
been kidded, interviewed and photographed
across to San Francisco by tbe southern
route and now they re getting me on the
return by the north." ...
Mr Lincoln rises to the defense of his
family tree with a denial of the story n
circulation In the east to the effect that
the Germans are claiming President Lin
coln as a Qerman descendant.
"The Llnco'ns were English, English all
the lime, nothing Teutonic about It." de
clared Mr. IJnco'.n.
From the Philadelphia Record.
MORE BOATS FOR THE RIVER
Eagle Such a Success Owner is Build
ing One Twice as. Large.
, osnsnSMS ' ,
BOATS MAKE'.; REGULAR TRIPS
Slight Draasht -Permits Good Loads
In , Shallow Water Excursion
Season Is About to Start
on tho Mlxsonrl.
The good ship Eagle, twenty-five ' tons
bur.den, has proven Its .worth in Missouri
riven, navigation- antiwar a second and
mora powerful packet SMa process of build
The little boat, awned by W. A. Smith
a river enthusiast ana capitalist ol Cali
fornia Junction, Is plying now between
Omaha and Sioux City, putting in at Deca
tur each trip.
The river freighter has found ample pat
ronage,, in the opinion of Mr. Smith, to
demonstrate the practicability of naviga
tion on a profit making basis.
Orders . have been placed with Allen P.
Ely & Co. of Omaha for the engines which
will equip the new boat. The 100-horse power
motor equipment Is under contract for de
livery on June 10 and the boat is to be put
In commission In the' middle of July. '
The new packet Is to liave twice the
capacity of the Eagle and Is expected to
develop a -trifle more speed. The Eagle is
now making six miles an hour up stream In
the swiftest parte of the channel. The new
boat like the one now In operation will be
propelled by gasoline power. In general
form of construction it will be the same,
stern wheel type with a draught of a trifle
over twenty-four inches with capacity cargo
The: Eagle cost $2,000 and is now paying a
good Interest on the Investment. Mr. Smith
says that he will keep trie uoats In opera
tion as long as the river la open. The
slight draught of the little freighters will
enable them to carry maximum loads even
In periods of low water. ' -
The capacity at the gasoline boats is to
be increased-by a fleet of barges. The
Eagle Is now towing a small barge. S-he Is
due in Decatur tomorrow and by the end
of the week will be at the Omaha dock
The City of Peoria made a trial trip up
the river and again down the river , this
afternoon. The management is preparing to
Nmake regular excursion trips.
AVERAGE PAY OF MINISTERS : -IS
UNDER SEVEN HUNDRED
Census Bureau Compiles Reports
Prearhers of All Denom- -nations.
WASHINGTON,, May 26. Tha average
annual salary of a minister of the gosp?l
waa but SU3 In all denominations repi
sented In a special report on the census of
religious bodies for ll'OS. which Is now In
press preparatory to submission" to Census
Director Durand and Secretary Naeget of
the Department of Commerce and Labor.
The statistics, the flint of the kind ever
gathered by the government, wera pro
eurred by W. C. Hunt, chief statistician of
population in the census bureau. The fig
ures are from the cities of the I'nlt-d
States having a population In 1900 of K.000
The denomination showing tho h'ghest
average are the Unitarian, with $1,663; the
Protestant Kptscopal, 11.212; the General
Convention of the New Jerusalem, $1,233;
the Jewish congregations, S1.C2; the Pies
A little, want ad
in today's Bee
will find you a reliable servant.
It will find the bouse you wish to
rent or buy.
It will secure a position (or you.
It will sell whatever you offer.
It brings landlord and tenant
together borrower and lender faco
to lacfi and does a thousand and one
things that would be difficult, to
do any other way.
Any ad S times, one cent a word.
Call Douglas 238 and the ad taker
will write your cotkeNind place It
"Nobody Loves a Fat Man."
Boat is Sunk in
Warship is Struck by Ferry Boat Off
Calais and Twenty:Seven Men
CALAIS, France, May 2. The ferryboat
Pa's De Calais, crowded with cross-channel
passengers bound for Dover, had Just left
Calais this afternoon, when one of Its aide
wheels experienced a . violent shock. .. The
captam, ' believing' his boat'had struck a
submerged bnoy, stopped the vessel and a
moment later the hull of .a submarine, the
Pluviose, came to the surface a short dis
tance astern. A boat from the ferryboat
went alongside the striken craft, but the
sailors rapped In vain against Its metal
sides, and a few moments after the sub
marine arose to the surface it sank again.
The ferryboat, which was making water
rapidly, summoned two tugs to the scene
of the disaster and then put. back to the
French shore. (
The Pluviose, with a crew of twenty
seven men left Calais thirty minutes before
the time It came up under the paddle wheels
of the Pas J5e Calais, though It 1b almost
Impossible to conceive that It would dive
In such crowded waters. '
Advices received by the minister of ma
rine' confirm the report of the probable
loss of the entire crew. A torpedo boat de
stroyer has been anchored near where the
Pluviose sank and divers gone down to the
PARIS, May 26. Admiral Fournler states
that the Pluviose attempted to pass under
neath the Pas De Calais. The submarine
had on board three officers and twenty
four men. Torpedo boat destroyers have
been dispatched to the scene from Dun
kirk. Business Part
Destroyed by Fire
Twenty-Fight Buildings Burned at
Wister, Causing Loss of Hun
FORT SMITH. Ark., May 26.-Practlcally
the entire business portion of Wister, Okl.,
waa destroyed by two distinct fires last
night. Twenty-eight business houses were
burned, causing a loss estimated at $100,000.
Only a bank, two stores and the depot re
main In the business section. A report that
a man lost his life at the Brown hotel was
Wister, which has 600 inhabitants, Is dl
vlded Into two parts by the Rock Island
railroad tracks. The first fire destroyed
sll the buildings except three north of the
tracks. This fire had Just burned out when
an explosion In a drug store started a
fire south of the tracks, destroying all but
one building. The town has no fire depart
ment, and the high, wind made fire fight
ing difficult for the citisens who volun
teered. No residences were burned.
State Attorneys General in
Convention at St. Pau
ST. PAUL, May 26. Attorneys general
and their assistants from more than half
the states of the union are here to attend
the fourth annual convention, of the Na
tional Association of Attorneys General,
which opened at the state capltol today.
President F. 8. Jackson, attorney general
of Kansas, delivered his annual address,
and Chsrles West, attorney general ot
Oklahoma, spoke on "The Federal Railroad
Attorney Jack -on ot Kansas, president of
the association, in his address argued In
favor of a national democracy, which he
defined as a "revivified democratic govern
ment." He defended increasing the scope and
power of tha government ln state and na
tion and advocated the fixing ot the re
sponsibility of the government on the elec-
SHIPPERS .STILL IN FIGHT
Impetus Added by Word that Kansas
City is Now in Line.
MANY , GO . TO WASHINGTON
Besides. Action Against Railroads for
. Conspiracy Another Case May Be
Brought for Being; In Con
" tempt of Court.
The shippers' . movement against the- in
creased freight rates , received new Im
petus ' Thursday mpmlng when v Kansas
Cttyy which has laid dormant through tbe
agitation, declared for a share . In the
fight. ' . . . .
A message from the Kansas City Commer
cial club received by the Omaha Commer
cial club's traffic bureau, announces that I
delegation of three, O. V, Wilson, whole
sale grocer; George B. Rlckards, wholesale
hardware, and H. G. Wilson, traffic man
for the Commercial club there, will be
sent to Washington to attend the meeting
to be held at the Millard hotel Tuesday
E. J. McVann of the Omaha Commercial
club's traffic bureau Is to represent the
Omaha shippers. Hs may be accompanied
Kansas City has been flooding Wash
Ington with messages and la now Into the
battle In earnest. Messages to Omaha as
the center of activity have been received
from several of the other large cities con
cerned In the controversy. The meeting
In Washington ,1s gaining enthusiasm
Communications have been received
from T. C, Byrne of Omaha, who Is In
New York, announcing that he will be at
Washington to tako a share in the effortB
to Interest Attorney General Wlckersham
in the complaint to be made against the
railroads. Mr, Byrne's attention has an
added significance In that he Is an official
of the National Wholesale Drygoods asso
The Omaha delegation will leave for
Washington on Saturday.
. Plans Not Changed.
The plan of action determined upon a
the Omaha meeting has not suffered
change In the consultations of the last two
days. The first step taken will be a direct
complaint to the attorney general alleging
that the railroads are In s- conspiracy in
restraint of trade. The legal aspects of th
shippers case will be cared for by Wliliar
Duff Haynie, attorney for the Illinois Man
ufacturera' association. V
. In the opinion of Francis B. James.
chairman ot the committee on commercial
law of the Commission for the Uniformity
of State Laws, who attended the Chicago
meeting, the shippers have another weapon
In the proceedings to show that the rail
roads by this alleged conspiracy are
contempt, oi an injunction irom the su
prems court In 1897. If action Is taken in
this direction It will be secondary to th
first complaint to be made to Attorney
Burlington Trackwalker Killed
DES MOINES, la.. May 26 -James Cover
dale and Frank Rhodes, two track walk
era for the Burlington railroad, were struck
by a train near Agency early today and
torate. He also urged a limitation of th
power of federal courts to Issue Injunction
The speaker predicted that unless th
power of federal courts to veto state law
la limited ths power of democracy in thl
country will demand limited terms for fed
eral Judges and their selection in sinie man
ner other than by appointment.
On this point Attorney General Jackson
"Let It be conceded for the time being the
courts have taken the kernel out of the
eleventh amendment, which prohibits Suits
against states and left but the shell In sus
taining suits against officers through which
the states must act. We must still remem
ber that the latest and most mandatory
opinions of the supreme court enjoin on
courts ths duty of using this power only to
prevent clear and positive wrongs."
Iowan Sought to Prohibit Raises
Until Approved by Board.
CLARK'S M.0TI0N LIKEWISE LOST
Arkansan Offered Suggestion Along
Same Lines as Former.
LA F0LLETTE RESUMES SPEECH
Ways that Knaetnient of Orlalnat Rill
Would Mean "a Disaster to tho
Country" People Want j
WASHINGTON, May 2t).-The Cummins
amendment to tho railroad bill prohibiting
the Incrt-aslng of rates by railroads until
they have been declared by the Interstate
Commerce commission to be Just and rea-
koi bio, waa defeated by tho senate toduj
by a vote of 29 to 43.
Another amendment to the bill by Sen
ator Clark of Arkansas, to prohibit In
creases In rates from becoming effectlv
ntll approved by the commission, but dif
fering from the defeated Cummins provis
ion, was rejected, 35 to 40.
Tho senate adopted an amendment bj
Senator Jones authorising the commission
to suspend Increases of rates for sli
months beyond the 120 days fixed by tht
pending railroad bill whenever the reason
ableness of Increases cannot be determined
lthln the original period. '
Senator Dolllver withdrew his substitute
to the capitalization sections of the bill
and the senate, on motion of Mr. Hughes,
ordered these sections eliminated.
Ln Follette Keauin.es Npeeeh.
Resuming his speech in opposition to the
bill soon after the senate convened today,
Senator LaFollette undertook to prove that
Instead of rites advancing, all economic
conditions demanded that they should have
been materially lowered during the last
As going to support his theory that the
railroads could afford lower rates, Mr. La
Follette asserted that In 1908 the roada
were earning 50 per cent more per mile
than ln 1897, while there had been an In-'
crease of only ahjjut 20 per oent In wages
Mr.' La Follette charged that twelve dayi
In advance of the attorney general's peti
tion for (he pending bill the same mesurt
still In typewriting had been outlined te
a house committee by a railroad attorney.'
He declared that the enactment pt tlu"
lilll ab originally presented notwithstanding.
It represented the views .ot tha president,
would be "a disaster to th country." ,
Taking up the railroad capitalization pro-.
Islons of the bill, Mr. La Follette declared.
they had been drawn by a corporation law
yer In the Interest of Wall street manipu
lation. "Senators," ' he exclaimed ln conclusion,
'this Is not a time to trifle with the peo
ple. They want Justice and If they do not
get Justice they will demand a reckoning
from us. They will strike back; they will
strike hard and they will bo Justified in
LINCOLN P0ST0FFICE BILL
PASSES THROUGH SENATE
Measure Favored by t'pper Chamber
that Gives Nearly Halt Mil
WASHINGTON. May 26.-( Special Tele
gram.) Senator Burkett's bill giving $421,000
for an addition to the present postofflce
building at Lincoln passed the senate. The
senator work on the bill to such an extent '
that he really forgot there waa a railroad
bill under - consideration. He had backed
his bill with recommendations from tho
secretary of the treasury and from every
department doing business at the present
Lincoln postofflce. - He was prepared to
show that the distributing division of the
Postofflce department was handicapped be
cause of Inadequate quarters, . that the
court'a apartments were wholly unfit and
that men who work In the postofflce were
not provided with suitable arrangements.
Chester V. O'Meara ot Hastings, Neb.,
was appointed a clerk at Panama.
The comptroller of the currency has au
thorized the First National bank of Im
perial, Neb., to begin business with $25,000
capital, C. N. Collctt as president, K. F.
Bayley, vice president, and J. T. Johnston,
The comptroller has also approved the
application of F. S. Barnes, C. W. Roe, J.
O. Barnes, C O. Roe and D. H.' Smith to
organize the First National bank of Mar
cus, la., with $100,000 capital.
Albert L. Anderson has been appointed
postmaster at Irvfngton, Douglas county,
Nebraska, vice H. F. Knud.iun, resigned.
BURGLAR BEATEN BY WOMAN
New York Thief Forced from Window
by Blow ot Rolllnhpln Falls
to lenth. .
NEW YORK, May 26. Louis Oratch, St
years old, palntetf by day and burglar after
man in her apartment fn the third floor of
dark, was discovered by Mrs. Dora Olel
a DcLancy street house today, and, aftrr
beating the man with a cuspidor until he
backed against an open window with a low
sill, was smashing him across the face with,
a rolling pin when he toppled to deuth on
tho concrete pavement fifty feet below.
Gratch got Into the house by climbing the
five-escape. - . . j
BIG FIRE IN MEXICAN TOWN
Ulase started by Ks plosion in Mine
Destroys One Hundred
EL PASO, Tex.. May M.-One man was
killed und several Injured as the result ot
an explosion at the Dolores mine In ths
state of Chili ahua, Mex., yesterday. Th
exp oslon started a fire which destroyed 100
houses, rendering 600 persons homeless.
Court-Murttal for t sixain (land.
SAN FRANCISCO, Msy 2a.-Catain
Daniel W. Hand, 1'. 8. A., former ((uurter
nmnter of tlie transport, Sherman, who
tint been frequently recommended to the
War department fur distinguished service
us a captain of field artillery in I'm
Philippines, has been arrested to await
trial by court-martial on the charge tha
he wss Intoxicated while on duty.
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