Nebraska Newspapers

    The Omaha Daily
Bee.
TIIE OMAHA DEE
f ln moil powerful business
Setter In tho twi, berausa It goes
to to homoi of poor and rich.
WEATHER FORECAST.
For Nobrnska Fair.
Frr Iowa Fair; ron'inupd cool.
For wrailior report sro Paco 2.
VOL. -XXIX-XO.
OMAHA, "WEDNESDAY MOHNING, i JUNE 1, 1910 TWELVE PANES.
S1NC1LE COPY TWO CENTS.
CITY MUST
BUY PLANT
Omaha Compelled to Fay $6,263,295
for Water Company Property
by Supreme Court.
AFHUMS. COURT OF
V'- '
Decision Supports Judgment iV
Lower Tribunal.
HID OF LONG, BITTER BATl'JV
Litigation in Progress for the Last
Five Years.
APPRAISEMENT STARTS FIGHT
First Conflict Arises Over Property
to Be Included.
SHIFTING OF VANTAGE POINTS
Water Works Case Chronology
February 2, 1903 Nebraska legislature passes law for
Immediate compulsory purchase of water works by city of
Omaha.
March 2, 1903 Ordinance electing to purchase water
works plant and fixing procedure. Appraisers later ap
pointed: By Water Doard John W. Alvord of Chicago.
By the Water Company George H. Uenzenberg of Mil
waukee. By These Two Daniel W. Mead of Chicago.
July 20. 1903 First meeting of appraisers.
July 7, 1905 Water board enjoins appraisers from com
pleting appraisement and asks the federal court for specific
directions as to what should be Included.
November 29, 1906 Judge Munger dissolves Injunction
and directs appraisers to make returns as a whole, and also
separately, for property in South Omaha, East Omaha, Flor
ence and Dundee, and going value.
July 7, 1906 Appraisement returned at $6,263,295.49.
July 29, 1906 Water board rejects appraisement and by
resolution asks appointment of new board of appraisers. Water
company makes tender and sues In federal court for decree of
specific performance.
June 4, 1907 Judge Munger renders decision for city.
Water company appeals.
April 7, 1908 Circuit court of appeals renders decision for
water company.
June 1, 1908 United States supreme court on petition of
Water board grants writ of certiorari.
November 2, 1909 City votes $6,500,000 bonds to pay
Judgment
April 20, 1910 Argument on certiorari before United
States supreme court.
May 31, 1910 United States supreme court decides In
favor of the water company.
First Victor? to fttr, Thea Company
Galas Declsloa Jumt Confirmed
Ar(iiariti Held I.aat April
la Washington.
WASHINGTON, May 31.-The city of
j Omaha will be required to purchase
j the water works system of the Omaha
ti Water Works company for $,263.29:.t9
under a deolslon of the supreme court of
the United States today.
The court affirmed the Judgment of the
circuit court of appeals In the matter.
The history of the purchase or the Omaha
water works embraces a long series of liti
gation in Us various phases, most of which
has grown out of the act of the Nebraska
legislature of February , 1903, compelling
the purchase of the water works and pro
v Id I tiff for the creation of the Water board,
which should have charge of the adminis
tration of the . water works when they
became the property of the city.
To comply with the mandate of this law
an ordinance was pasted by the city coun
ell ot Omaha, March 2. DOS, electing to
buy the water- works plant under the pur
chase clause, and directing the appolntmeo
of a board of appraiser to appraise the
-plant. A On. . of tha appraisers t
pointed by the city, a second by the water
company and the third to be selected by
these two. The appraiser appointed by
the City was John W. Alvord; by the water
company, George H. Bensenberg, and these
' two Selected Daniel W. Mead as the third
member of the board
Under the so-caHed Howell bill inakln
1 compulsory the purchase of the plant, pro
vision was aiso made for the creation of
' the water board to be appointed by th
governor for various terms, two to be a p.
pointed each year or until their successors
1 were ' elected. The first board, consisted
of James E. Boyd, T. J. Mahoney, Milton
Barlow, I. E. Congdon, J. F. Coad and
Guy C. Barton. It was under this board
that the appraisement was commenced, In
May or June, 1903.
Appraisement Long; Drawn Oat.
The appraisement was long drawn out
and Involved considerable controversy rela
tlva to the procedure. Carl C. Wright,
then city attorney, assisted by John Lee
Webster, specially employed as attorney
fur the Water board, represented the city
in the litigation,
At tne outset the question arose as to the
l scope of the appraisement, the attorneys
f tut tho city holding that it should only in
clude such of the property of the wate
company that lay within the city limits
of Omaha. The Water board contended
that the appraisement should embrace the
entire plant, including the extensions to
Dundee, South Omaha, over the property
ot the East Omaha Land company, and
the pumping station and filtration planu
attd settling reservoirs at Florence.
Tha question of the "going" value of the
plant was also pressed by the attorneys
for Uie water company. The attorneys for
the Water Loard held out for the natural
deterioration of the plant and Its Inade
quacy to fulfil Its contract requirements
With tha growing demands of the city, end
tho disinclination of the water company to
enlarge Us pumping and piping capacity,
. Sahara Are Considered.
- ""j"ni me ap-
40uiviit vuimtiucu uniu me matter
finally got into the United States circuit
Court and a decree was Issued directing
that th board ol appraisers should proceed
with the appraisement as a whole with
separate findings for the plant as lying
aithln the corporate limits of the city of
Omaha; ot those (.ortlcns of the plant sup
plying South Omaha, Dundee. East Omaha
and the Florence plants and of the going
aiua.
(The board of appraisers finally submitted
Its report on July 7, ISO, fixing the ap
. , jjralsement ot the entire plant at K263.295.tt
TT signed ny . tfensenberg ud . Mead. Alvord
withholding concurrence by direction of the
Water board's attorney.
Immediately following the announcement
of tha appraisement President Woodbury
of the Omaha Water company made a
formal tender ol the entire plant to the
city of Omaha and rinmanila,. w. .... -
wives, tor
the amount of tha appraisement.
The Water board went through the form
"rejecting the appraisement and ordering
" appraisement and then of employing
xbrts to draw plans for a new plant On
lus. Piesloent Woodbury brought
suit in the United States circuit court for
specific performance to compel the city
and Water board to accept the plant under
the appraisement and to pay for it. The
Water board lawyers argued that the ap
praisement was excessive, that the terms
agreed upon by the contending parties were
not complied with and that the finding was
reached by only two of the three appraisers
and should have been by all three.
On June 29. 1907, a decree was entered by
Judge Munger In the United States circuit
court, dismissing the bill of complaint of
the water company. An appeal was taken
to the United States circuit court of ap
peals by the water company, and on April
7, 1908, a decree was Issued from that court
by unanimous action of all the Judges, re
versing the decision of the lower court, de
claring the appraisement valid and binding
upon the city of Omaha and requiring the
city to complete the purchase.
The water board lawyers made applica
tion to the supreme court of the United
States for a writ of certiorari, which In
appear irom the decision of
the circuit court of appeals, and the same
was granted. The case was recently argued
before the United States supreme court
by John Lee Webster for the water board
and city, and by R. s. Hall and Howard
Mansfield for the water company.
While the case was still pending In the
United States supreme aoiirt, the city t
Omaha, on demand of the water board,
voted $6,500,000 bonds for the purchase ot
the plant and extensions.
The water company lawyers scored an im.
portant point by directing the court s atten
tion to the voting of bonds as acquiescence
In tha reasonableness of the award and
recognition of the city's obligation tit buy.
MUSILOWER THROUGH RATES
Supreme Court Upholds Finding of
Commerce Commission.'
CUT FROM RIVER TO RIVER
Decision Affects Tariff on Shipments
from Points on Atlantic Seaboard
to Points on Missouri Den
ver Case Also Affirmed.
LOBECK LIKES THE UECISIO.N
Sayo It Will Be a Great Thine; for
Omaha to Own It On Plant.
City Comptroller Lobeck Is enthusiastic
for the city taking over the plant Just as
soon as possible. "Take It at once and
operate It and make money for the city,"
says the comptroller. "In all cities where
the municipality owns the water and other
plants they are making money, and we can
do It In Omaha."
A. W. Jefferls said, when he heard of the
decision: "It is Just what I
when you are compelled to buy a lemon
at a fancy price, the only thing to do Is
smile."
councilman uurmester said: "Members
of the council have no concern of any kind
In the matter, other than their Interest as
cltlsens. Apparently tli Water board Is
the only body having any gay, either ad
"' vr vuauiv. i recau with a good
deal of satisfaction now the occurences
In the council of 1S7, when. If myself and
other members had prevailed, the Water
company would now be In the position in
which the city finds Itself, except that
we would have had possession of the plant
as city property for the last two years
almost, or since September, 1908. The hue
and cry raised at that time was frightful.
dui events nave proved we were on the
right track and fighting for a good and
proper solution of the question."
jonn i,ee weoster, attorney for the
Water board, said: "I have nothing to
say regarding the decision of the supreme
court In the water works case at this
time. I have not seen the telegram an
nouncing the decision, and hence know
nothing about it."
WATEH LITIGATION IS COSTLY
City Has Paid for Water Board lla
001 Before First of This Year.
The Water board has cost the city, since
Its establishment, $112,061.39, up to Decern
ber SI. 1909. The cost so far In 1910, ai
near as It can be figured. Is $2,613.45.
Of the total the amount spent for legal
services la $62,122.47. During the first three
ears after the board was In existence
the cost of legal services was $15,788.21. In
1907 th legal Item was I22.624.S1; In 190S,
$15,753.75; In 1909, I7.77. The amount thus
spent In 1910 Is yet to be determined.
Since January L 1905, eleven hydrant
bills have accuinualted, each one approxi
mately for $47.6 covering a six months'
period. Th total hydrant rental to date
c'-almed by the water company Is $r.22,008.85.
ot which the city has paid under Judgment
of th federal court $123,983.80. Of this,
195.000, approximately, was principal and the
balance. I3.K4, was interest. The city
comptroller has not yet figured the Interest
u from the city on deferred payments for
(Continued on Second Page.)
WASHINGTON, May 31. The long
contested order of the Interstate Com
merce commission, reducing the freight
rate between the Mississippi river and
the Missouri river as a part of the
through rate on through shipments origi
nating in the seaboard territory, was
today declared to be valid by the United
States supreme court. In so holding the
court reversed the lower federal court,
justice McKenna in announcing the
opinion, said the court hesitated to be
neve tne commission sought to divide
tne country into rate zones and neld tnat
the. record did not show that such had
been done.
The contwt began early In 1907, when
shippers, Jobbers and wholesalers in
Kansas City, St. Joseph and Omaha filed
a complaint with the Interstate. Com
merce commission alleging that the
rates charged by the carriers operating
between points on tne Atlantic sea
board and Missouri river cities on traf
fic originating at the seaboard and des
tined to these cities were unjust and un
reasonable. After many hearings and
several parties had intervened, an order
was issued by the commlsslo n rifrnptlno-
the railroads doing business between the
Mississippi river crossings and the Mis
souri rW'a. .1 . .
meir rates as a
pan or tne through rate on shipments
originating m Renboard territory
rr. v. . ,
in ranroaas in the west and shin
pers, Jobbers and wholesalers in tin
east, but outside of tne seahrmrrf tor.
rltory went into the courts. The clrm.it
court or the United States for the north
ern aistriet of Illinois entolnert th em
mission from enforcing the order on the
ground that It worked an unlimt dt..
criminatlon against the intermediate lo
calities ana shippers.
nn, .
iiic vuiumiBslon and bus nesa men I
Missouri river cities appealed from the
urcision or we circuit court.
ine autnorlty of the Interstate Com
merce Commission In issuing the order
u.reuung a reduction of the through
.c.B..i raies rrom Chicago and from bt
lo "nver, and the validity of that
u.u. was toaay upheld by the suprem
l" i tne united States.
I , r 1 A
"" U item
fglgM 9.000,000 fff
: IT ipifLr
' """" '
WICKEliSHAM
FILES JIATE SUIT
Attorney General Seeks to Enjoin the
Proposed Kaise of Freight Tar
iffs by Western Lines.
CONFERENCE AT WHITE HOUSE
Decision is Reached After Long Talk
with President Taft.
SHIPPERS PRESENT THEIR PLEA
Large Delegation and Several Con
gressman Call on Wickersham.
LA TOILETTE HAS RESOLUTION
tt Ucon.ln Senator, In Address, Say
1'uriMinr f Advance nvr I to
Destroy Any Kffrrt Hiillroad
Hill MlHht llai.
HAXSIIUU Mo., .May Sl.-fnlted .states
I'lfttl.t .IikIk.' Dyer tonlnht innteil an or
oer restraining rmin.art. members of the
Wi-Hlerii Tmrflc association, from putting
inlo effect it amoral Increase in frelaht
r.i!i-;i. The petition, alleging an unlawful
loml iiiallon and conspiracy . was filed by
Frederick N. Judson, special counsel, and
ICdiviiln I. (Jrosver.or. special assistant to
Attorney Ueneral Wlckcrshntn.
From the New York World.
TIIE COST OF LIVING.
CORPORATION TAX CASE SET
Supreme Court Decides to Have it Re
argued Next Term.
FULL BENCH WILL HEAR IT
History and Provision of Measure
that Wa Drafted Along; Mnes
that Were SoKBrsted by
relde.r'I.ft.
WASHINGTON. May Sl.-The suoreme
court of the lilted States todav :et the
corporation tax cases for reargument at
the beginning of the next term before a
full bench.
This action
Louisville Police
Have Dragnet
Out for Janitor
i
More Evidence Secured that Seems to
Connect Him with Murder of
Little Alma Kellner.
Tl. ,.
... -up.eme courts upholding the order
me interstate Commerce commission re
... iroignt rate between the Mis
sissippi river and the Missouri river as a
part of the through rate on through ship
ments originating In the seaboard territory
"... saving or about $140,000 a yeai
to the shippers of Omaha. Sioux City St
.IrtCAnlt anI .... .
........ sial,saa uny. Tms jg
i.oiui ui attorneys ror the Jobbers
A . . T V , .
""v..,., jonn iee Webster, who repre
sonted the shippers at the hearw w
the Interstate Commerce commission in
Washington about six weeks ago, said that
he does not wish to give out a statement
v.,..... ...nit me matter until he hears direct
'"Ph. .1.1 ...
mwpptrs petitioned to the Inter-
cuo commission," said Mr.
""". io nave the rates reduced on
..-.s.n coming rrom Chicago to the Mis
souri river and tho request was granted
oy tne commission. This applied to all of
... ana tney in turn took the
matter to the United States circuit court
In Chicago, asking for an injunction to
w.o ruling or the commission from
going Into effect. The injunction was
granted and th shippers and the Inter-
vuMuunn-a commission aoDealerf ,h
i u.i.iea mates supreme court
asking that the Injunction be removed
... nnei telegram received by the
rf--- it niiuiu seem that h .,...
lip red tha ln,..H.. t . 1 '
. " lo oe declared null
and void and the reduced rate, to go into
..v... uui m. inn not ten the rletaii. ,..
nl fl. I... """
... nuiniauon irom Washington.
.... .. i a noil in Tne nuinn., .. . l. i .
Is Indicated by the telegram
i.
" a great saving to the
me jussoun river section. Dur
ng the hearing Edward B. Boyd, ssslstant
.- ... p,eiaent or the Gould lines
testified that If the reduced I 'i 1
allowed to go Into effect It would .
saving of UtO.OOO to the shipper, of Omaha
Sioux City. St. Joseph and Kansas City
alone."
W. W. Johnson, assistant irener.i ..iv..
agent for the Burlington road, did not care
to discuss the decision. If .,,- a
doesn t like to say any::. against our
supreme court. At the sum. tim. - ..
like to admit that they are rlh, i., ,v..
particular Instance, so our position is on
the fence, and we prefer to say nothing."
Attorney William l. Mcllugh. who rep
resented th. railroads at the hearing In
Washington, was anothep .n., ...
He confined hlmelf to a single expression:
haven t anything at all t .
was announced fcv r-v.i
Justice Fuller today at the conclusion of
w., announcement of opinions. It will In
sure the participation of Governor Hughes
recently appointed a Justice, in the de
termination of the cases.
No reason was given for the reslgnment
of the cases unless the statement, "for ar
gument before a full bench," can be so
Interpreted.
The tax is required to be paid by July
1. As th constitutionality of the law will
not have been passed upon by that time It
Is believed many complications will arise.
Hlatory of Measure.
President Taft Is regarded as th
of the corporation tax idea; as represented
In this statue. He evolved it during the
dlscusulon of tariff legislation and income
and inheritance taxes in 1908-1909. As a
result, congress Inserted the "corporation
tax law" Into the Payne-Aldrlch tariff act
passed by congress last summer. It be
came section 38 of that statute.
The law subjected to tho tax. In a general
way, every corporation. Joint stock com
pany, or association, organized for nrnfit
and having a capital stock rem-esene,i h
shares, and every Insurance company. The
iax was obsignated as "a special excise tv
with respect to the carryinir on or
business" and It was provided that it should
De equivalent to one per centum uoon the
entire net Income" over and above is nnn
recBivea irom all sources" during the year.
j..riB were to De excluded from the In
come, nowever, amounts received as dlvl
dends upon stock of other organizations
"""'rv' u l" tax- .exempted from the
tax were certain organizations, such as
moor, agricultural, horticultural
ternal beneficiary societies.
One paragraph of tha law provided fn
the publicity of the returns required a n
oasis ot nxing the tax.
The tax was to be paid on or before Ji.ka
i ot eacn year and the returns for each
year were to De made by March 1. It was
and fra-
(Continued on Page Two.)
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 advertl8-s
lng an article that they do not need,
and every day somebody Is snap
ping up these articles.
You have something about the
bouse that you do not use?
What is It?
It has value.
Somebody wants It and will pay
for it.
Call Douglas 238 and de
scribe it to the ad taker and
she will tell you what an ad
j will cost to sell it.
IX)UISVILLE, Ky.. May Tt.-Perslstent
questioning of Mrs. Joseph Wendllng, who
Is held at the police station here charged
with having been an accessory to the mur
der of Alma Kellner, the child whose
mutilated body was found In a subccllnr
of St. John's parochial school here yester
day has failed to shake the woman's first
declaration that sho knew nothing about
the crime. She adheres to her stalcm-nt
that a ring and pin found in a trunk at her
home, both of which have been identified
as tho property of tha murdered girl, were
given her by a boy, and, further, than her
admission that she has seen nothing of
her husband, who was Janitor at the
school, since his disappearance on January
14, when he drew $100 from tho batik, she
will say nothing about him.
Tho police are weaving a chain of cir
cumstantial evidence about tho missing
Janitor,, for whom they Inst nlRht began a
wide search. Clothing which he is known
to have worn bears numerous stains Which
the detectives suld were traces of blood.
A hat recovered from an old barrel, where
Mrs. Wendling stated sho had thrown it
about the" tlmo of the Janitor's flight, also
bears similar discoloration. The trap door
to the subcellar was so effectively hidden
that Its existence could have been known
to no one not most Intimately acquainted
with the building. The keys to the school
building, say the police, wero always in
Wendling's possession, who was given em
ployment one month before the disappear
ance of Alma Kellner. Other carpet like
that in which the body was wrapped for
its hasty burial was 'found In the school
store room.
It is believed the girl was In the school
chapel when seized on the morning of De
cember 8, and dragged to a remote part
of the building.
The Kellner family tod.xy offered a re
ward of 11,000 for the arrest and conviction
of the murderer of Alma.
Mrs. Wendllng was presented in police
court today and her case continued until
June 8. She denied all knowledge of the
murder. The matter of ball was deferred
until tomonow.
DOXEYS HAVE TWO NAMES
Physician and Wife Register at Hotel
as Mr. and Mrs. Erder.
MRS. D0XEY WILL TESTIFY TODAY
Kvlrirm-o Shows that Defendant Had
the Greater Part of Erdrr's
laaurnnre Paid to Her
Huauanil.
FORMER GOVERNOR MICKEY
IS STILL GROWING WEAKER
Slight Bally Early Last Maht
Succeeded by a H r-lapsp.
I
OSCEOLA. NEB.. May 31-(Speclal Tele-gram.)-Ex-Govemor
Mickey's condition is
rapidly getting worse. He has been grow
ing weaker since 11 o'clock last night, and
the doctor says he can hardly be expected to
live through tne day. He rallied some
what at about 7 o'clock last night, but n,
Indications of any change for the better
were but slight. He does not recognize any
of the family now.
ai. liOnn, May 31. How Mrs. Dora E.
Uoxey and her husband. Loren Ji. Doxey,
stopped at the iloser hotel under the names
of "L,. B. Krder and wife" and received
mail under the narres of both Erder and
Uoxey within a few days after Mrs. Doxey
hud received 12,500 Insurance on Krdcr's
life and had given Doxey $1,8.10 of it va
told by Clerk Harry Thomure today to the
Jury in Mrs. Doxey's trial for murder.
I suppose," the hotel clerk quoted the
defendant as having said to him, "that you
clerks think it funny that we register un
der the name of Krder and receive mall
under the mime of Doxey. We did that
because we did not want some people to
Know our business."
Mrs. Theresa Schwartz, who nursed Mrs.
""rJ oner f.ruw a ooatn, said she was
taken to Mrs. Dcxey's room at the hotel
by Dr. Doxey, whom Mrs. Doxey said, ac
cording to the witness, was her cousin.
Children Are Kxelutled.
Judge Grimm, at the beginning of the ses
sion, enforced a ruling which bars children
and young girls from the court room..
Mrs. Dora 10. Doxey will be a witness in
her own behalf, probably tomorrow, accord
ing to an announcement made by her chief
counsel, former Lieutenant Governor
Charles P. Johnson, today. She will testify,
said the attorney, that she was a slave to
morphine, as .the result of the administra
tion of the drug to her by her husband,
Dr. Loren B. Doxey.
She will further declare that she knows
nothing of the arsenic found In the stom
ach of William J. Erder, whom sho Is ac
cused of having murdered by poison after
bifnamoiauy marrying him. for tho purpose
of collecting his 12,500 insurance.
"Her testimony will show." said Johnson,
"that she loved Erder. If Erder had only
set his foot down when she first talked of
going away and had forbidden her to go,
uuiigs mignt nave resulted very differ.
ently."
T.... A . . . . . .
uut.uia irom Loiumiius, Neb., will
testiry ror the defense as to Mrs. Doxey's
subjection to the morphine habit..
llr. Doxey Get Money.
Mrs. Doxey got for herself im of Eider's
2,U0 Insurance, as -Was shown today by
witnesses. The balance was shown to
have been put Into the form of checks
payable to Dr. Doxey.
The additional sum of fcuO colleet.i k..
Mrs. Doxey on the affidavit that she was
iMuers widow rfas paid because
death of Krder's sister.
Henry Nleman, cashier of a bank where
Mrs. Doxey obtained the checks, said Mrs
Doxey returned to the bank the next day
a"d np che.k made from one she
of th.
(Continued on Second Page.)
Long Search for Sugar Men
"Higher Up" Bearing Fruit
NEW YORK. May M.-Wlth three
fendants eliminated, but with the Interest In
the proceedings heightened rather hn
diminished by their withdrawal, the resump
tion tooay or tne sugar conspiracy trial in
the United States circuit court was ac
companied by rumors that the irv.m.
merit's long search for men still "higher
up" In the alleged conspiracy might shortly
be rewarded. The rumor arose rhieflv 'nut
of developments said to have followed the
arrest ot Jamrj O. B. Hirerenskl th.
former special treasury agent, on a charge
of perjury In connection with the suuar
cases.
As the result of pleas of guilty last Fri
day by the three government checker, on
trial, there remained the big man In the
case. Charles It. Helke, secretary of the
American Sugar Refining company, and two
of bis former subordinates, Ernest W
tierbracht. superintendent of the company.
llllunisburg refinery, and James F Jten
dernagel. the refinery cashier. Motions "f
their counsel to dismiss the Indictments
were denied t.y Judge M.rtln after tn. u '
had been excused on the adjournment over
t. today and the taking, of testimony n
their behalf followed formal opening by
the defense was expected to be well under
way btfoie the day's sekslon was over.
WASHINGTON. May ill. A decision at
a W hite Hdise conference this mornliix be
tween the picrlilent inn! Attorney Ueneral
Wickfi-slmm to Institute nt once Injunc
tion proceedings, probably at St. Louis,
nsainst the Western Traffic association to
prevent a get etal Increase In freight rates
tomorrow preceded by but half an hour
the Introduction In the senate a resolution
by Senator Lu Kollette declaring It to be
I he sense of that body thut such an In
junction Milt should be brought.
iN'iie of the senators in the chamber
when Mr. l.a Kollette put In his resolution
new ,.f the decision already reached.
enatnr Crane of Massachusetts, who saw
he president at the conclusion of the con
leunce with the attorney general, was the
fart to take the news to the capltol.
Stnator l.a Kollette was prevented from
making a peech In support of his resolu
tion by the determination of Senator Elklns
to call up the rallitad bill for Immediate
consideration.
Attorney Central Wlekershnm, after at
tending tho sitting of the United States
supreme court, had a scries of conferences
with senators and It was decided that Sen
ator Curtis of Kansas should make the re
ply to Senator La Kollette, If tho resolution
mould again be called up.
Shippers See Wickersham.
The decision to Institute Injunction pro
ceedings followed a conference In this city
yesterday between Attorney General Wick
ersham and committee representing ship
pcis, consumers and producers In the terri
tory affected by the proposed Increase In
rates. This committee was accompanied
to the lepartment of Justice by Senators
Clupp of Minnesota. Cullnm of Illinois and
Warner of Missouri and Representatives
Nye of Minnesota, Hitchcock and Norris
of Nebraska, Hubbard of Iowa, Madden of
Illinois and Stafford of Wisconsin. The
committee protested vigorously against the
proposed Increase.
TIih Wisconsin senator presented his first
resolution, which was a mere declaration
purporting to give the views of the senate.
It went in as a part of the routine busi
ness, but when he requested Dresent en,,.
siderutlon of It, objection was voiced by
Senator Elklns. '
Mr. l.a Kollette'a Ite.olnt Ion.
Tim resolution recited that the rn.
had announced a general advance In all
class and commodity rates, and after nr.
senting several other considerations by way
of preamble, proceeded:
Resolved, Thut It is the sense at .h.
senate that tho attorney general should
proceed at once to institute actions enjoin
ing such advances as hua been o.,h u.
filed with the Interstate Commerce corn
mission, and should also Institute prosecu
tions f lh. ,.alroads mng lK,h
being In violation of the act of m...
approved July 3, lsyq, . entitled an act to
protect trade and commerce against un
lawful restraint and monopolies."
Senator LaFoliette said 1, h,r '-
duced hi rate resolution because the In
creases to bo made by tho-railroads, rang
l"g, according to his estimate, from 6 to M)
per cent, would impose Intolerable burdens
on the people. He declared that the ex
cush that the Increases wer,. mu.. k
----- uuv uct d u
of advanced wages umounted to "mere nre-
icnso and the l.iirhnr -,,,.
- nuuia result
annual profit to tho -.! . .
from mom. tn WIO.000,000.. He believed
that the notice that the rates woM ..,
ffect tomorrow was for the purpose of
beating ouf the railroad Ml. ...
probabl proMbftlon airaln.t ...... L. 8
advanced without the ,....., .
te state Commerce commission.
Will He Hied l LouU.
It is generally believed the suit against
the railroads will bo Instituted at . S
z iTr cen,rai point-T,e
the legal proceedings wero left by th.
president entirely In the hands of Attorney
Ueneral Wickersham and the Department
of Justice officials. Mr. Wickersham'.
ference with the president was . hurried
one. but It is understood the matter w
d scussed at some length by tha president
at the cabinet meeting this morning '
l'.eside.,t Taft regards this situation a.
r '" ",B aominiHiratlve railroad i.im
now n.,i.n.w . . . ui.i
," ' -""Kiess, winch If enacted
will Kive the interstate Commerce commis
sion the right ,o suspend for sixty
any proposed Increase in railroad rates
MINNEAPOLIS BANKER IS
CHARGED WITH SMUGGLING
It. It. I. yon . Aetueed of Attempting
to Ciet Jewelry Past lot.
louts t'ollccior.
.V0.UKl. M"-- a Lyon, who
,., U1P presuient and vie presi
dent of several bank, and corporation, ,
Minneapolis. Minn., was held today on the
rhnrge of smuggling two pearl necklace,
a brooch and gold wutch.
Mrs. f uler Leave for Ml.1,1...
NEW Y. Hk. May 8I.-M,,. Elisabeth It
( iiMer, widow of CeneraJ Custer ,1.
famous Indian fighter, will leace town to
nlifl.l f,,v M,. ,.,... .... .: . wn '"
i,... I,," .... .. :.V "e """"place of
her husband, where
a monument in i.i.
memory will be unveil. ,1 by ber ,loxt
unlay. President Taft wrll ..tend Um
ccivmony and will muke an addiasa.