The Omaha Daily Bee.
The Omaha dee
ll th most powerful bnalncu
fcttr ia Th bcauM It sow
to th homes of poor and rich.
WEATHER FORECAST.
For Nebraska fooler.
For Iowa Cooler.
For leather report p pane 2.
OMAIIA, WEDNESDAY MOHXINO, JUNE 22, l!ll TWELVE PAGES.
SINGLE COPY TWO CENTS.
GOVERNOR GIVES
SOMEREASONS
Telh Why He Did Not Call Extra
Session of the joi
ltture.
WAS NOT ENOUGH
61 L
RES
Three-fifthi of the Memt -Not
Sigrn a Pledg
nld
IIMS IS NOW TOO tji IT
Not Able to Get the Questio- va the
Primary Ballot.
BRYAN HAD REQUESTED IT
Asked (hut Session Be Called to Sab.
mlt Initiative) and Referendum
to Prevent Division mt
rarty.
(Prom a, Staff Correspondent)
LINCOLN, June 21.-(3peial.)-Governor
Shailenbergcr today Issued hiB promised
official statement giving his reasons for
refusing to call the legislature In extra
session to submit the Initiative and refer
' endum amendment to the constitution at
the fall election. The principal reasons
given by the governor were that three
fifths of the members . would not sign a
pledge to vote for- the submission of the
question and that the time Is too short
now to get the question on the primary
ballot even If submitted by the legislature.
About two months ago W. J. Bryan re
quested the governor to call the extra ses
sion to submit the Initiative and refer
endum In order to prevent a division In his
party on the liquor question. The gover
nor agreed to do as Mr. Bryan wished,
providing three-fifths of the members of
the legislature sinned a pledge to vote for
the submission of the question. C. W.
Bryan at once took up the work of se
curing these pledges. The night before
the governor concluded to turn down the
Bryan request, Mr. Bryan said 'the pros
pects were bright for the extra session. He
had pledges from eight republicans and
eleven democrats, with prospects of three
more votes. Two of these were democrats
who agreed to 'Vote In the affirmative pro
viding thald constituents petitioned them
to do so. It required 'only twenty vote
to pass the bill In tne senate where It was
killed In the last session. From tha Com
moner office the Information given - out
.that the nineteen votes had been secured
with tha three extra votes In sight.
Bryan Will tta Talk. .
C. W. Bryan would make no statement
today for publication - regarding the gov
ernor' sudden determination to call off
his extra session agreement, but he will,
probably tomorrow, If he gets around to
It issue a statement showing the number
of vous ha had pledged.
Several there are here who believe that
the governor, .tpolt tne jmI vice a MrTIltch
cock In closing tha' extra session incident.
Tha day before the Central City democratic
banquet Mr. Hitchcock had a lengthy con
ference with the governor,', and In' discus
sing the extra session he remarked that
the "statute of limitation should apply In
that case," or werda to that effect County
option was also discussed at. that confer
ence, and the governor came out In oppo
sition to It being placed In the democratic
platform at the banquet the next night All
of which Is laid up to the influence of the
Omaha senatorial candidate. The governor
however did not say he would veto a county
option bill 1st one passed, or that he would
decline a nomination on a county option
platform.
What Governor Says.
The official statement given out by the
governor la aa follows:
I am very desirous of seeing that the peo
ple of Nebraska shall have given to them
the power of the Initiative and the refer
endum in matters of legislation during my
administration of tha' affairs of the office
which I now bold. If it can be brought
about . ,
After careful effect, covering a period of
almost two months, enough legislators In
the senate could not be induced to pledge
themselves as willing to vote for the sub
mission of the amendment to give It the
majority required under the . constitution.
In fact, the final result haa been largely
the same aa that shown In the vote of
the senate at the last session. Three mem
ber who voted against the amendment at
the last session now agree to support It,
and two who voted for It at the last se
slon, now refuse to pledge themselves to
vote for it.
, In the meanwhile the time has expired
when It could evert be hoped that action
couid be taken by this legislature that
would Insure its submission and adoption.
The law requires that amendments to the
constitution small be submitted to the
voters at the primary election for the ap
proval of party voters, and it must have
the approval at the primary in order that
straight votes for either party may be
counted on for the amendment
It Is only became of this construction of
the law that the supreme court amend
ments were adopted ' at the last general
election. Only a - small fraction ot the
voters voUd directly for the amendment
Because pf this failure to vote directly for
amendments, prior amendments to the
constitution have failed of adoption. Hence
It Is essential that if amendments shall
have any prospect of adoption, they must
go on the primary ballot and be approved
by a majority of party voters.
To give the entire state representation
and a voice la tho proposed legislation, it
would be necessary to call special elec
tions In the representative districts whure
vacancies bava occurred during the recess
of the legislature. Under the law ten days'
notice of such special elections Is required.
Even thought It Is not Imperative that the
primary election proclamation, which has
already been Issued by me, should contain
a direction to the several county clerks of
tbe state to place this proposed constitu
tional amendment upon the ballot, yet when
the time far railing these special elections
and the convening of the legislature is
taken Into consideration, together with the
period which might reasonably be antici
pated would be consumed In the passage
of tho aot. In the event the necessary
pledge were secured. It could not then be
brought about In lime to enable the secre
tary of Stat to certify this proposed meas
ure to the several county clerks of the state
in order that it might be placed upon the
primary ballot
This would practically defeat the adop
tion of the amendment If the legislature
failed, to submit, or the people to adopt
Continued on Second PageJ
V.
Body of Murdered
Man is Found in
Trunk at Portland
Victim is A, C. Johnson Mrs. John
son and Man Named Powers
Charged with Crime.
PORTLAND. Ore., June 21.-The blunder
of the murderers in wrongly routing a
trunk sent to the Union depot in this city
was the mians late yesterday of disclosing
a ghastly crime. The victim Is William A.
Johnson, who, with his wife .nd 7-ycur-oW
son, arrived here Monday morning in com
pany with a man who went by the name
of A. C. Powers. The party registered at
a cheap North End hotel, "lowers" as
coming from Nome, Alaska. The Johnsons
did not give their residence.
Powers, whose real name is J. F. Webb,
and Mrs. Johnson were arrested at an up
town lodging house early today. Both de
rled ail knowledge of the crime. Webb
declared he saw Johnson last at the Union
depot yesterday afternoon waiting for a
train to go to .Seattle.
On Webb s person was found two watch.
one of which Mrs. Joh nHOt1 IHn fimA ...
her husband's, and two women's handker.
chiefs, both blood stained. One of w..hh
hands was injured and bandaxed.- H .r.
rled an International Typugi aohleal nninn
card. Issued by Vancouver ili. C ) local
No. 2.226.
An ordinary looking trunk was renel'va
ucMU, ,V ,n me oay and ordered
checked via the Oregon & Wahintn
railroad to North Puyallup, a station not
on that road. Shortly before 10 o'clock
...i u.mu me trunk was taken to the plat
form. There the mistake was noticed nnd
.. nun ia me baggage room. A
..me later one or the baggage men no
ticed a pool of blood which had trickled
from the trunk, broke It open and discov
ered the body of a man.
In "Powers" " room a suit case was
found oontalnlng a blackjack clotted with
blond.
A I . . . .
u,u, ,0 me cierx, the trunk left
i iiuioi aooui tne middle of the after
noon. .The clerk said he remembered the
Incident because the porter commented on
Its weight after having carried It to the
express wagon.
A few minutes later, the clerk statod,
Mrs. Johnson and her child left. About 6
o'clock "Powers" came down and said he
was going out for a while.
The sum of 11.800 in currency was found
on Mrs. Johnson.
GRAND ISLAND. Neb.. June 21. (Spe
cial Telegram. )-J. F. Webb, arrested at
Portland Ore., today under the name of
"Powers" In connection with the trunk
murder case. Is said formerly to have
been a printer on the Kearney Enterprise,
to have married a Holdrege girl later and
more recently to have had a restaurant in
Omaha, where he had a fire or some other
irouDie. The last heard of him by. a
printer In this city who knew him, was at
Salt Lake City.
No restaurant man of the name nf w.ht.
I known In Omaha In recent years at
least. In ISM a restaurant was run by a
man of this name on the. site where later
Tolf Hanson' Ill-starred Ventura was con
ducted, but this man's initials -. m
not to have been those . of the prisoner at
Portland. .......
Roosevelt Will
Speak in Chicago
He Arranges to Make Address Before
Hamilton Club 'Late this
Summer.
OYSTER BAT. N. Y., June 21.-Theodore
Roosevelt today had the first day of
seclusion, which he has declared that he
must nave. He had only one caller this
morning, H. M. Hobson, secretary of the
committee of the Hamilton club of Chicaco.
who came east to attend the reception to
Mr. Roosevelt on Saturday. Mr. Hobson
wss the bearer of a letter from Former
Judge John H. Batten of Chicago, vice
president of the club, asking Colonel Roose
velt to receive the Chicagoans, befoae they
returned home tomorrow night Mr. Roose
velt arranged a reception for them to
morrow morning at his editorial offices in
New York. Later In the summer Colonel
Roosevelt will go to Chicago aa the guest of
the Hamilton club and will make a speech
there. Thl probably will be the first
speech that he will. make.
REPUBLICANS OF MINNESOTA
NOMINATE GOV. EBERHART
Fall State Ticket Pat V and Reao.
latloa Passed Endorsing
Taft.
ST. PAUL. Juno 21. The following nomi
nations were made by the republicans of
Minnesota today:
For governor, Adolph O. Eberhardt
For attorney general, George T. Simp
son. For secretary of state, Julius Schmahl.
For member of the board of railroad and
warehouse commissioner, charles F. Staples.
The resolutions unqualifiedly endorsed
the administration of President Taft
To Poison, Shoot and Rope
Rats at New School House
The Howard Kennedy school opened for
service some two weeks ago is overrun by
rats.
Vice President Lindsay of the school
hoard insists the rodent have become so
numerous and so familiar that when they
cannot find their way out easily they
proceed to the front door and guaw hole
for egress.
Chairman Kennard of the commit tie on
grounds and building elaborated on
Lindsay's story, and insisted the rats have
surely captured the building, from cellar
to hallway, up the stairs and to the last
outpost in the garret .
"They have made themselves at home and
have established their larger Interesting
and busy families In that handsome new
home wo have erected, not for the rat, but
for the children." said Mr. Kennard. "I
admit the rats have very good taste, and
Dr. Williams assure m they reed no
dental work. How they got In ia a pusxlo
to me. but we have enlisted the help of
Superintendent Davidson, and from ex-
Lporleoo be had in Kansas! with prairie.
FIRST OPEN FIGHT
WITH THE SENATE
President Taft Makes Clear Issue of
Postal Savings Bank
Measure.
CANCELS HIS TRIP TO YALE
Announces He Will Stay All Summer
if Necessary.
ULTIMATUM FROM PRESIDENT
Senators Opposing Bill Will Be Re
garded as Repudiating Platform.
TAFT HOLDS THE WHIP HAND
Hirer and Harbors BUI and. Other
Measares In Which Senators
Are Interested Are Yet
Vnalnrned.
WASHINGTON', June 21. Abandoning a
trip to New Haven to see his son graduate
from Yale and announcing that he would
stay In Washington "all summer" if need
be, President Taft today began his first
open fight with the United States senate.
The postal savings bank bill is the issue
between the White House and the north
wing of the capltol. The president has an
nounced that the senate must adopt the
house bill. Several Insurgents and some
of the regulars are strongly opposed to
the house bill and rumors of a filibuster
agamst the measure filled the air today.
The fight over tBe postal savings 'bank
bill has many angles. The most interesting,
perhaps, is the fact that the measure which
the insurgents helped to frame and fully
approved In the house is roundly denounced
In the senate.
Taft for House BUI.
President Taft has promised to stand by
the house measure and he believed It to
be a tacit agreement, it Is said, that in
return for the acceptance by the house of
the senate statehood bill that the senate
would accept the house postal bank bill.
Be that as It may, the president and all
of his advisers are agreed that the house
bill Is by lar the better of the two. It was
only by herolo measures that the bill was
put through the house and it is not be
lieved there would be one chance in a
hundred of getting an amended measure
favorably acted on.
It Is pretty generally admitted at the
capltol that the president holds the whip
hand In the fight and that as soon as a
vote can be reached the senate will accept
the house bill. The river and harbor bill,
containing some hundreds of Items In which
representatives and senators are generally
Interested is still unsigned in the presi
dent's desk and subject to veto. The fact
that some of the regulars in the senate
are vorklng quietly against the measure
has particularly aroused the president and
he I anxious that they shall be put on
record as early-as possible. ' -'""' ' .
Mr. Taft flatly . announced today that
senator voting against the house btll
would be understood a opposing any
system of postal bank and therefore re
pudiating the party's platform in this re
spect. ',
Objection to Senate BUI.
It 1 the administration attitude that
the bill give special privileges to the
banks, privilege to which the banks are
not entitled.
A patriotic view of the question, the
White House believes, call for th" In
vestment of as much of the money col
lected In the banks a possiDle in gov-'
ernment securities.
Opposition to the postal bank bill comes
from the country banker of uie middle
west and the surety bond group or guar
anty companies.
The general deficiency appropriation
bill was taken up in the senate today
with the understanding that as scfon aa
It was disposed of the postal bank bill
would receive consideration.
Several of the so-called regular republic
ans in the senate. It was said today, had
Deen discovered off the reservation In the
final roundup on the postal savings bank
blU. This phase of the situation haa nar.
tlcularly annoyed the president
Rumor which reached the White House
thl morning were that while the president
wa at New Haven tomorrow It wa the
Intention of the senators to so amend the
postal savings bank bill as to kill any
chance of It passage by congress at this
session. As soon aa the president learned
of this plan, he directed Secretary Norton
to cancel his trip to the Yale commence
ment and also to send for tha i.nM.
leaders.
BUILDINGS) BILL IV SENATE
Committee Raises Amount, Carried to
Tweatr-Flve Million.
WASHINGTON. June 21. Tho omni'bu
publlo buildings' bill, carrying nearly
120.000,000, which wa presented by the
house at 10 o'clock thl morning, was
received today In tho senate at noon.
It wa Immediately referred to the
senate committee and In the next breath
Chairman Scott announced that he re
ported the bill with amendments for new
buildings which aggregated more than
$5,000,000.
dogs and gophers he advises the rat he
caught and killed. My own time for the
hunt 4. 11 . a v . . . " W4
uiuiun, out i am told Dr. Holovt
chmer has a prescription that will make a
rat bite a bulldog after the first taste and
then climb the wall. If so. we can 'dele
gat Mr. Lindsay, who is a sharpshooter
to Pick then off as fast they appear on
the wall. Secretary Burgess says he has
no doubt Mayor Dahlman would volunteer
to lasso the pests, and I move the ap
polntment of a rat catching committee with
full power to act."
'Carried " said Vic, President Lindsay,
who wa In tbe chair, "and I will appoint
as such committee Superintendent David
son and direct the committee, on bulldlncs
and ground to act aa a posse to asm.t
him In the fell work."
The committee will take six and a half
gallons of poison, a sprinkling hose
gladtator'a net of the old Roman pattern
and a terrier dog. They will wear foot
ball clothe, with hobnail shoe ,h
guards and head pieces. The teachers wUl
guard th door on the ouUIde durin i-
rat bunt
:js .Iter W
f
From the Philadelphia Inquirer.
BIG FIGHT GOES TO RENO
Tex Rickards Makes Announcement
and Gives Reasons.
GOLDFLELDS IS TOO FAR AWAY
Governor of Nevada Says He Will Not
Interfere with Contests aa Laws
Provide .for Licensing;
Them, -
BULLETIN.
RENO, Nev., June 21..-Tex Rickard an
nounced shortly after noon today that Reno
had been selected for the Johnson-Jeffries
fight Preparation for tho arena were
Immediately begun..
Rickard' oflclal statement follows:
"I have decided to hold the Jeffries
Johnson fight In Reno. In making the
selection, I. wish to;f gj" ray. reasons Xor
doing so. Goldfleld mt an' 'offer which
was hard to turn dowm." They are the
g&mest lot of men I ever saw.' This morn
ing a committee of Goldfleld business men
offered to take me to a local bank and
guarantee me a gate of 2200,000. I decided
on Reno, however, for several reasons. In
the first place. I did not feel that f:jht fans
of the east and west should be compelled
to take extra time to ride across the hot
desert to Goldfleld. Then again the people
from San Francisco can get hero on the
morning of July 4, and leav the same
night In order to be back to tholr business
Tuesday morning. For this reason' I think
probably 1.000 or 2.000 more will come from
San Francisco that would not go to Gold-
field. The Reno people, however, have' done
all they could. They will build a suitable
arena and buy the $1,000 license for me.
(Signed.) "TEX RICKARD."
OGDEN, Utah, June 21. Governor Dick
inson ot Nevada, who is in Ogden today,
declared that he would not inte refers with
the Jeffries-Johnson fight.
When seen by a representative of the
Associated Press today the governor said
the laws of Nevada license prize fighting
and that, therefore, the executive of the
state is without authority to stop the big
fight.
"Though If there is any evidence of a
fake fight," said the governor, - "I shall
stop It, but I am convinced the contest is
on Its merits. Be certain to qualify that
statement, as to the fake fight, for Tex
Rickard Is a personal friend of mine and I
know he would not lend his name to such
a deception."
Jeffries on Way to Reno.
BEN LOMOND, Cal., June 21. Jim
Jeffries and those of his assistants who
had not already departed for Reno, boarded
the train today for Oakland. They will
start for Reno tonight
SAN ' FRANCISCO, June 21. Notwith
standing the preparations which aro being
made to move his camp to Reno, Jack
Johnson today did his regular work. John
son has decided to move to Reno not later
than Thursday.
INTERNATIONAL BOARD
OF TRADE IN SESSION
British Cabinet Minister la Address
ot Welcome Take Dig;
at Roosevelt.
LONDON, June 21. Sydney Charles Bux
ton, president of the Board of Trade,
opened the International Congress of
Chambers of Commerce today. Incidentally
the British cabinet officer gave a dig to
Theodore Roosevelt recently the guest of
the city and nation.
Referring to the difference In national
fiscal systems, Mr. Buxton concluded his
comment on this subject with the remark:
"But not being an ex-presldent of the
United States, I am not going to tell you
how to run your shows."
The speaker promised on behalf of the
British government every possible assist
ance to the delegates, realizing, as he said,
that such conferences helped to cnunteraot
"the pernicious influences of certain classes
of politicians and Journalists, who
respectively foamed at the mouth' and splut
tered Ink In an endeavor to lmbltter Inter
national relations."
The congress Is attended by 40 delegates.
Those from Boston have great hop of so
curing the next meeting for their city.
New Deaa for Yale Medical.
NEW HAVEN, Corn.. June 21-Offlclal
announcement Is made that Dr. George E.
Biumer of this el'y will succeed Dr. Herb
ert ii. Smith aa dean of the Yale Medical
school. Dr. Smith baa been at the head of
the school for the last twenty-five years
nd recently announced his determination
to retire. Dr. Biumer Is profeasor of the
theory and practice of medlclno at the
JUNE ROSES.
Still No Rain
in the Spring
Wheat Belt
September Option Opens Higher at
Chicago Because of Additional
Damage from the Heat
CHICAGO, June 21. Still no rain In the
northwest. This was the burden of mes
sages from the Dakotas and Minnesota
today, and as a result the wheat pit of the
Board of Trade here fairly boiled with ex
citement. September wheat, which clos-d
yesterday at 94V4 cents, showed opening
bids today ranging from cents to 91,
the latter figures being an advance of 2
cents.
In the spring wheat country the weather
was said to be scorching the fields with
tho.v temperature averaging well over ' 80
degrees. Today official weather forecast
was not comforting to farmers. It prom
ised light shpwer In Minnesota and cloudy
for the Dakotas.
DES MOINES, la., June 21. The Iowa
crop bulletin. Issued today by Dr. George
M. Chappel, section director, states that
rain Is badly needed In the eastern and
extreme western counties ' of Iowa. The
stand of corn haa Improved, oats are In
exceptionally good condition, and small
grain Is doing well. The last week Is stated
as particularly favorable.
A closing spurt, based on the fact that
trading today carte to an end without the
needed rain, sent September to SSVitroS'c
and the clore was at 97(98c.
Governors Will
Meet in Kentucky
Annual Conference of State Execu
tives Will Be in Louisville and
Frankfort November 29.
FRANKFORT. Ky.. June 21.-The na
tional conference of governors, which was
inaugurated as a regular annual . event
during tho Roosevelt administration, will
be held this year at Frankfort and Louis
ville. .The governor will meet In Frankfort
November 29, to discuss conservation,
prison reform and other topics that seem
to call for concerted action. The second
day's session wll be held In Louisville.
President Taft and ex-f resident Roosevelt
probably will attend.
Tho official call will be lesued soon by
Governor Wlllson of Kentucky, who has
for several days been In conference here
with Governor Hadley of Missouri, Gov
ernor Ansely of South Carolina and Gov
ernor Sloan of Arirona, the committee hav
ing the matter in charge.
BISHOP. OF LEAD INSTALLED
Ceremony Takes place la at. Pat
rick' Cathedral, Archbishop
Ireland Officiating.
LEAD. S. D., Juno 21.-R!ght Rev. Joseph
P. Busch was today installed as bishop of
the Catholic diocene of Lead, S. D., In St
Patrick's cathedral. Archbishop Ireland 'of
St. Paul officiating. The cathedral was
filled with spectators.
Legal Battle Takes Place
Over Removal of Capital
GUTHRIE, Ok!., June 21.-After listening
to exhaustive arguments of counsel, Judge
Kalth Campbell of the United States dis
trict court late tonight adjourned court
until tomorrow when the hearing on the
petition for an Injunction to prevent Oov
ernor Haskell and other state officer from
removing the capital of the stato from
Guthrie to Oklahoma City will be resumed.
The argument probably will not be con
cluded before Wednesday.
Judge Campbell at first intimate.! he
would decide on the question of jurisdiction,
but later indicated a disposition to allow
the arguments to take a wide range, even
to include the merits of th controversy.
The attorney general's argument today
was directed toward combatting the theory
that the federal court ht.s Jurisdiction in
tha capital removal matter, he contending
that It is a matter wholly for the state
court to determine, as they have already
OHIO DEMOCRATS FOR HARMON
State Convention Will Endorse Gov
ernor for Presidency.
FIGHT OVER BRYAN'S PROPOSAL
Strong; Opposition Develops to the
Suggestion that Candidate Bo
Selected for United State
Senator.
DATTON, O., June 21. Despite Gov
ernor Harmon's declaration that he will
take no part in the framing of a program
for the Ohio democratic state convention,
which held It first session here tonight,
the most o fthe 1.009 delegates are looking
to him for leadership In their movements.
Tho first fruit of this desire was the
defeat today in the state central com
mittee' of the senatorial endorsement prop
osition. urged by W. J. , Bryan and . bis-
whig, of the party in Ohio.
' Atlee Pomerene of Canton ,the temporary
chairman, Is mentioned In connection with
the senatorial race and also Is the choice
for candidate for lieutenant governor. It
is probable that an endorsement of Gov
ernor Judson Harman for president of the
United States will be presented to the
committee for Incorporation In the plat
form, though this endorsement may be
deferred until presented on the floor of the
convention.
Two Issues of premier importance have
presented themselves to the delegates. The
first Is the attitude of William J. Bryan,
who has declared hlmBelf for the endorse
ment by the convention of a candidate to
succeed Senator Charles Dick. The second
is the nomination for lieutenant governor.
Mr. Bryan's point of view was sup
ported by the followers of former Mayor
Tom L. Johnson of Cleveland and the
Cuyahoga county (Cleveland) delegation,
Oovernor Harmon and his following were
on the opposite side and. the general opln
ion is that they will win.
A a far a the gubernatorial nomination Is
concerned, it is a foregone conclusion tha
Governor Harmon will be renominated, and
It is also considered as settled that Atloe
Pomerene of Canton, will be named aa Ilea
tenant governor, although a fight 1 ex
pec ted. i
Dr. Hyde May Be
Given New Trial
Judge Latshaw Intimates that Phy
sician's Contentions Have
Some Merit.
KANSAS CITY, June 2i.-Judge S. Lat
shaw of tho criminal court Intimated In
an interview here today that he might
grant a new trial to Dr. B. C. Hyds,
recently convicted of having poisoned
colonel Thomas II. Bwope.
"I am reading carefully every citation
given me by tho attorneys for Dr. Hyde,
saw Judge Latshaw. "If I become satis
fied that their contention Is correct, that
tne grana jury Indictment were not
-rwoiu cnuusn 10 anow i)T. Hyde to
prepare a cyanide defense, I certainly shall
grant a new trial."
Ana. ( judge Latshaw added, "I am not
so sure mat the defense haa not so
strong points In It favor."
assumed Jurisdiction. West later branched
on into tne merits of the case and doubted
the binding effect on the convention that
iramea tne Oklahoma constitution.
Judge Dale for Guthrie, based his armi
ment on the enabling act locating the state
capuai at uutnrie until 1913 and con
tended that the acceptance of this provision
by the constitutional convention precluded
a legal removal of the capital at this time.
The state officers are represented at the
hearing by Attorney General West. Assist
ant Attorney General Matsen, and C B
Ames. B. F. Burwell. W. A. Ledbetter and
E. J. Glddlngs of Oklahoma City. Judg.
J. H. Buford, Dale & Blerer and C. O
Horner appear for Guthrie:
Governor Haskell, accompanied by his
wife and daughter and becretary of State
Cross, was In Guthrie a short time this
afternoon. He did not apper a.t the federal
court htaring.
WM. KRUG KILLED
IN AUTO SMASH
Meets Death in an Automobile Acci
dent at Thirty-Eourth and
Leavenworth Streets.
TWO CARS MEET IN COLLISION
Schultz, Tearing- West on Leaven
worth, Crashes Into Krug Car.
SEVERAL OTHERS ARE INJURED
Krug is Thrown Violently to Curb,
Crushing His Head.
ANOTHER MAN IS SCALPED
Krua'a lludy Is Tnl.ru In Hand by
the Coroner aud the Three In
Jnred Mcu Aro Taken to
bt. Joseph's Hospital.
Dead)
' WILLIAM XBUO).
Injuria I
Al bchnltx, supposed concussion of the
brain with posslut fracture of th skull.
Internal Injuries.
! F, HftcCoruiiuk, laceration of th scalp
arms aud legs bruised rib broke) pox
1M lntat-nai Injuries.
Jimml Wanea, left arm bruised and
spralued; lacerations about th leg and
body.
William Krug v.a unled and four other
pabseuKrrs were seriously injured when
an American Mors touring car crushed
head-on Into Mr. Krug' machine at Thirty
fourth and Leavenworth streets about 11
o'clock Tuesday morning.
'iho Mors machine, iiiuvlng at the rat
of sixty miles an hour, aocuruiug to wlt
neuses, headed west on Leavenworth street,
atiuck the front end of tlm Krug machine,
a gray steams touring car, swung It com
pletely round and hurled it against a tele
phone pole and the curbing.
Mr. Kiug and Fred P. MoCormtck, who
was with 111 in, wore crushed agaihst the
curbing. The ramming auto shot on past
Hie wreck for a distance of VJi feet and
brought up to a slop within a scant foot
of an embankment on the side of the street.
W. 11. Wallace of the Wallace Automo
bile company was driving the Stearns car,
a brand new machine w.ucli had never
been out before. He was Demonstrating tiie
machine to Mr. Krug in a negotiation for
the prospective sale of the car.
Mr. Krug lay unconscious with blood
gubhlng from a cut In hi head and gashe
ubout the body, when rescuer caine to
his side, and was moved under sum trees
by Messrs. Fred Harmon, 817 tiouth Thirty
fourth street aud Fred Nelson, Wu6 Leav
enworth street
Hurrying- to Cemetery.
The life of Wllllau) Krug appear tr
have, beeu sacrificed to the desire of flvni
or six, 4uou to get to Holy tiepuioher onme
tery 'In time, to witness th luturmont of
the body of Patrick Ford, who was killed
In a railroad accident two or three day
before, After tho accident four of th
men In the car driven by Al Bchults went
about their business, leaving Hchultx and
Warren to be taken to the hospital.
An oyo-wltness puts the scene this way,
as he viewed It: "As the Stearna car, in
which Mr. Krug was riding, came north
on tho boulevard to Leavenworth street, it
wa going at only a medium rate of speed.
Tho driver apparently aiowcd up to view
the street car track, but whether he be
came rattled or not It would be Impossible
to say. It appeared to me there wa a
slight hesitation, then I heard some ono
on the sidewalk yell: 'Look out for that
car!'
'Almost before I could realise what th
cry meant the flying car coining west
on Leavenworth had smashed into th
Stearns car going north over the crossing.
It struck the right hind wheel of the latter
machine, and In a Jiffy had been whirled
clear around, with the rear wheel resting
against the north curb of Leavenworth
and the front. In exactly the opposite direc
tion to that in which the Krug party had
been going.
Km Thrown Many Feet.
"As the car struck the curb, Mr. Krug
was thrown out to th right and rear.
His head and shoulder hit the north curb
fully ten feet from the seat In which ha
had been sitting. He was bleeding plenti
fully and groaning. When lifted to the
shade of the trees on the corner he gasped
a few times,' and did not llv over live
minutes."
In the meantime the American Mors car
shot ahead, without apparently any Ions
of momentum. It ran 100 feet along tho
pavement, veering north, and just missed
hitting a telephone pole. A few feet be
yond the pole It wa still going strong
enough to climb the curb, although
wrecked and shattered. The Crossing of
the curb took about the last ounce of
power loft In the wreck, and It was stopped
by a board set against posts which hold
a small embankment at that point
As soon as his car stopped, Bchults ap
pears to have alighted. Warren following,
and given some assistance to pick up Mr.
Krug. Then , he bUBled himself gathering
up the scattered parts of hi own car
which were strewn from th spot where
the car had collided to the place where
the Mora car finally landed. While doing
this, and talking In a rambling way wjih
the few men at the scene, Schult col
lapsed, sunk down, "just crumpled up," as
one man put It. Shortly after he wa
placed on a stretcher and taken to the hos
pital. Car Complete Wreck.
Examination of the Stearns car a It Jay
against the curb showed that every on of
the four tires was crushed, slewed i,,vl
wrenched almont completely off. Tr,t,
short, stout pokes In the heavy hint!
wheel, which had sustained the Impact of
the American car were broken like reeds.
"No ordinary blow did that damage," said
an automobile expert In grimy clothing who
was looking over the car.
On the American Mors car Itself nothing
was left whole except the scats, apparently.
rront was all gone to smithereens, th
worn-- ot the car being completely torn
out; even the heavy axles and wheels wer
broken, twisted and standing at every sort
of angle. What had been In inm.r.,,,.
the prow of an Ironclad wa now like a
pile of old Junk. The tonncau and rear
platform of the car were not Injured to
any great degree.
Hospital Corpa Busy.
The operating room cf St. Joseph' hos-
pltal was a busy place after the Injured
were taken In on stretchers. Dr. R B
Harris. Dr. J. F. fcttandeven and Dr. bad-