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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 13, 1910)
he Omaha Daily Bee
Now 'Phono Number
For" Nebraska Cloudy.
For Iowa Fair and rooler.
For wr-ether rrport spa pase I.
VOL. XL XO. 74.
OMAHA, TUESDAY MOKXIXU, RKPTKMBKK 13, 1910 TEN TACSES.
SINGLE OOrY TWO CENTS.
Ten High Official! of Swift, Armour
and Morris Concerns Charged with
Conspiracy ana Monopoly. i
JUDGE REPORTS L " IN DAY
Three Separate Bills 'Returned
AFTER INDIVIDUALS : HEAD
i l ,
Judge Landis Said, "Do- .'Jollow
SPECIAL VENTRE FOR INQUIRY
trVltnesses Nummoned from J(m York
to Dtarcr, Including Employee
and All Clasaea of Men In
CHICAGO. Sept. 12.-The federal grand
Jury, which has been Investigating Chi
cago packers, lata today returned Indict
ments against ten high offlclala of the
Swift. Armour and Morris concerns. There
are three Indictments against each, charg
ing combination, conspiracy and Illegal
The men Indicted ar L. F. Swift, presi
dent of Swift and Company; Edward
Swift, vice president of Swift and Com
pany; Charles H. Swift, director of Swift
and Company; Francis A. Fowler, director
of Swift and Company; Edward Tllden,
president of the National Packing Co.; J.
Ogden Armour, president of Armour & Co.;
Arthur Meeker, general manager of Armour
A Co.; Thomaa J. Connors, superintendent
of Armour & Co.; Edward Morris, president
or Morris ft Co.,' and Louis II. Heyman,
manager of Morris ft Co.
The first Indictment In uetall charges all
defendants with engaging In a combination
In restraint of Interstate trade in fresh
meats. The second charges conspiracy.
The third charges the defendants with
monopolising the trade In fresh meats by
Were Aflcr Individuals.
That the purpose of the grand lury in
quiry was the Indictment of Individuals
rather than the packing corporations, was
shown when Judge Kenesaw M. Landis,
famous for the ts.000.000 Standard Oil
fine, launched the Investigation.
It sometimes happens that a person
hnni in violate the law takes a name
other than hla own." said Judge Landis In
his charge to the Jury.
John Jones undertaking to counterflt
gold dollara changes his name to John
Smith, or tha Metals Fabricating Co and
under that name does tha thing forbidden
liy. law.,'.-. V
If your' investigation discloses such a
case, do not Indict a mete alias, but fol
low the trail wherever It may lead until
you have Identified and pointed out the
The Investigation which has Just ended
wan the second started by Judge Landis
.uhin vr On January 20 he ordered
a grand Jury Inquiry,
' Indicted the National
which on March 20,
tMdicttvl th National Packing
and ten subsidiary concerns.
Attorneys for the packers filed a demur
rer to the Indictments. On June 23. Judge
Xandls sustained the demurrer, killing the
government's case aaglnst the peeking com
panies. At the, same time he issued an
order for a special grand Jury venire of
'.-.niv.fiv, mm for July 14. The wit
nesses who were summoned Included em
ployes ot the Chicago companies, eastern
nackers. small Independents and New York
wholesale and retail meat dealers and pack
ms fro maa far west as Denver, Colo.
A. T. Fuller, vlre president of the Na
tlonal Packing company; C. C. Snow, secre-
tany and treasurer, and Arthur Colby, as
sistant treasurer, . were among -the wit
neaaes and were said thus to have obtained
Moses H. Joseph, secretary of the New
Tork Butchers Dressed Beef association
r s the most Important witness early in
the investigation. He told, under protest,
how the Chicago packers got control of an
Independent concern founded by the butch
era for tha purpose of fighting the so
called trust. Altogether more than 200 wit
nesses, mora than half of them from out
of town, were examined.
The grand Jury continued Its work tot
about a month, when on August 11 the
firt sensation was sprung. Thoi- is G.
Lee, manager of the dressed beer ) art
ment of Armour S- Co., was Indicted for
perjury. Tha grand Jury also returned a
sensational report charging Alfred It.
llrlon. chief counsel for tne company and
president of the Chicago Board of Edu
cation, and three Armour office employes
Willi having destroyed stenographers' note
boka demanded by the Inquisitorial body.
Tha men appeared In court and after a
hearing laatlng several days Judge Landis
dismissed the charge against Urlon. Final
disposition of tha perjury case was set
for September IS.
In the Lee perjury Indictment It waa
charged that weekly mee.inga were held
In ClUeago, at which the packers fix
prices and decided how much business
hall be done by each company during
The grand Jury practically added its In
quiry a meek ago.
Since that time government attorneys
havo spent their time In conference at
.which Indictments were prepared. The first
federal giand Jury Investigation of the
packets began March tl, 1M6. On July 1.
liK,, indictments sneer returned against six
teen Individuals and five corporations. On
Incumber Id. 190a. the only trial ot the
packers began. This dragged along unt.il
July 1. 1, when Judge Humphreys gave
his famous 'lumiuity bath" to all individ
uals on trial, lit declared the defendants
.had been compelled to furnivh testimony
winch resulted in their Indictment and that
the easts against them should be du-
i aliased. -
In December, 19ur, another federal grand
Ju.ry InuUry sin begun. Tills draped eu
-until April. ISO, when it was dropped with
list U.oVlnit nta tuid no lea sens given.
BANK VAULT IS WRECKED
I'ssr Men Make I naarcesaf si Attempt
to Rob Kafe at Henry,
mg. h procured a dog chain and fas
WATERTOWN. 8. D., Sept. U-Fowr tensJ U tc her little son John by means of
robber faded in au attempt to blow oiien I a belt. He was hard to lose after that. To
the aul In the Btate bank of Henry, fi. t aid mailers a little la keeping track of
ally tbl morning, but wrecked the hank! him she fitted a padlock to the other end
Nj mousy wna secured. The robbers stoli
a learn and tlmX. fosses are ill pursuit an
tualr capture la aipecltd.
Cases in Court
Constable Testifies to Seeing rash-
ionMt Women Plav Roulette.
Faro and Crapi.
WAKEFIELD, R. 1. Hepl. i2.-Vn .he
cases growing out of the raid on the fash
ionable Narragansett club by Constable
John G. Criss, on the night of Augu' .
last, resulting In the alleged discovery of
gambling on a large scale, came up In the
district court here today. Constable Crlsa
took the stand and told the story of the
laid. Before tho taking of testimony was
begun, however, a continuance until Sep
tember 'J6 was made In the cases of Georae
L. Cutting of Worcester, charged with car
rying a concealed weapon, and with as
sault with a dangerous weapon in connec
tion with the raid.
Judge Nathan W. Lewis was on the
bench, and Nathan V. Uttlefleld. and
William M. Ivins of New TorX, conducted
the prosecution, while the defense was
looked after by Fred C. Olney and John
Constable Cries designated the lavishly
furnished club room as a gambling house."
lie told of remaining in the place from
midnight. August 6, until 9 a. m. the next
day, in order to make the "raid."
When he appeared about thirty persona,
half of whom were women, Wrie In the
place, he said. The constable testlfial thai
he saw three roulette wheels, a faro lay
out and a lot of chips. At the same time
a so-called game of "haaard," declared by
the witness to be a "fashionable name for
craps,' " was going on.
Mr. Criss produced In court a lot of
poker chips, score cards, roulette balls
and other gambling paraphenalla, which
he said he seised in the club rooms.
Constable Criss said that efforts had
been made to Induce htm to cease the
prosecution of the cases.
Comptroller Murray Advises Closer
Co-Operation Between State, and
WASHINGTON. Sept. tf.-The National
Association of Supervisors of State Banks
began a three days' convention in Wash
ington today. The examiners gathered at
the Treasury department and were ad
dressed by Lawrence O. Murray, "comp
troller of the currency.
Mr. Murray prop-S to the state super
visors a working co-operation with the na
tional examiners,' lie declared h had hi
liis office a list of men who as officers of
national banks had proved incompetent and
had been removed from bfflce and said that
If any of them should make application to
organise state banks their names would be
furnished to the state banking authorities.
During the last eighteen months, the
comptroller said, he had refused 118 appli
catlona to form national banks because the
men behind them had been found Incom
petent or dishonest
Committee to Meet
Six Republican Member! Will Attend
the Session in Chicago To
morrow. CHICAGO, Sept. 12. The "regular" re
publican section of the Ballinger invest!
gating committee wljl number six persons
when It meets here tomorrow If Senator
Koot. as Is expected, arrives.'
These present today are Senator Suther
land of Utah, Congressman Olmstead of
Pennsylvania, Congressman Denby of Mich
Igan and Congressman McCall of Massa
chusetts. Senator Nelson of Minnesota
chairman of the committee, who called to
morrow's meeting, will arrive tomorrow.
These committeemen hold that the report
made public at Minneapolis by four demo
crats and' one progressive republican la ir
regular. It waa adopted, they declare with
out a quorum. The democrats and their
insurgent ally. Congressman Madison of
Kansas, declared at Minneapolis that Chair
man Nelson had no right to call another
meeting at Chicago, and stated that they
would not attend. This made it practically
certain that congress will be presented with
two distinct representations on the contro
versy. OIL GUSHERS IN FLA WES
Have Flasars Opens la Grass! While
Fire la at Helg-ht aad Causes
Loss of Oil.
BAKERSFIELD. Cal., Sept. U.-Flames
shooting So0 feet In the air from two bias
ing gushers of the North Midway group of
flooding oil wells kept this city and the
entire west side oil region In a state of
excitement for three hours this afternoon
while 200 fire-fighters struggled vainly until
the wells sanded up and slopped the fires
While the flames were at their height a
fissure more than 1.0UO feet long and of
unknown depth opemi up from a well
near by and. breaking the embankments of
sump holes, caused the loss of a large
quantity of oil
. Boy to
According to authentic history the fa
mous John Smilii was once put in chains
by the Turks and afVvrwerd made it hot
fur all concerned. At the Union station
one of his descendants followed hi ex
Mis. Harriet Smith of Maryvilla. Mo.,
I had an inspiration when she started travel-
of the chain so she could lock him where
she wixhed and leave him.
Ail went well until aha trustingly tied
AT OYSTER BAY
Progressive Leaden of New York Are
Summoned by Roosevelt to
Find Status of Fight.
PRIMARIES IN THE CITY TUESDAY
Colonel Wants to Enow Basis on
Which Chances Rest
LLOYD GRISC0M IS PROMINENT
Bitter Fight is Expected in Fifteenth
CONTEST IN NEW JERSEY ALSO
First Teat of New Law Glvta People
Opportasltr to Express Choice
for Tatted States
NEW TORK, Sept. 13. In order to ascer
tain the exact status of the fight which
the progressives are waging against the
old guard for control of the reoubll'-an
state convention, Theodore Roosevelt sum
moned a number of progressive leaders to
Oyster Bay this afternoon for a conference.
Primaries are to be held In New Tork I
City tomorrow and In Buffa.o and Roches
ter on September 20. Colonel Roosevelt
hoped to ascertain Just what Inroads the
old guard leaders might be able to make
In the New-York oounty delegation and
how much progressive support might be
expected from Kings county.
Those invited to discuss the situation In
cluded County Chairman Lloyd C. Gris
com, who haa been directing the Roosevelt
forces during the colonel's absence In the
west: Congressman Herbert Parsons, whom
Mr. Grlscom succeeded as head of the New
York county organisation; City Comptroller
William A. Prendergast, who, on his recent
return fro mEurope, announced his deter
mination to stand by Colonel Roosevelt;
Naval Officers' F. J. II. Kracke. Congress
man W. M. Calder and E. W. Voorhls,
Kings county district leaders and Con
gressman W. W. Cocks, who represents
the Oyster Bay district.
Probably one of the bitterest republican
fights In Manhattan tomorrow will be car
ried on In the Fifteenth district, where As
semblyman Wllllan M. Bennett Is a candi
date not only for re-election as district
leader, but tor the congressional nomina
tion to succeed J. Van Vechten Olcott.
The district committee haa endorsed the
ticket of the Olcott faction and .Chairman
Grlscom, replying to an Inquiry today from
State . Committeeman Harry W. Mack,
stated that because of the district com
mittee's endorsement the Olcott ticket was
to be recognised aa backed by the organiza
tion. . -
Primaries'- la Xew Jerser Tomorrow.
THENTON, N. J., Sept. 12--The primary
contests to be waged toniv,rrow In parts of
New Jersey are especially Interesting this
year because they will embrace the first
test of the new law giving the people op
portunity to express their choice for United
States Senator. They are also expected to
have considerable bearing on the election
of governor and congressmen, although the
direct primary act has not yet been broad
ened to the extent of taking in nominationa
for these offices.
Special Interest attaches to the primary
vote for United States senator because the
rival candidates at the polls tomorrow will
be former Governor Stokes and former
Governor Murphy, with Congressman Fow
ler posing as the choice of the "new Idea"
men in the upper end of the state. United
States Senator Kean, whu seeks re-election,
refused to submit his candidacy to the
people, aa did also former State Assessor
David Blair, the south Jersey leader, and
other aspirants for senatorial honors.
CHANLER'S ATTORNEY TALKS
Lawyer Says Only Differences Be
tween Artist and Actress Wife
Are Over Money.
NEW YORK, Sept. 12.-The first admla
slon from an authoritative source that
there; had been differences between Robert
W. Chanter and his bride, Mme. Llna
Cavalier!, who Just at this time are on
opposite sides of the ocean, was made to
day. The statement came from Sidney
Harris, Mr. Chanters counsel, when he
was asked If there had been an ante
nuptial agreement between Mr. Chanler
and Mine. Cavalierl.
There was," replied the attorney, "but
1 will not say how much money was In
volved In tho agreement. That Is a mat
ter uiai may come out later, but we are
hoping that this unpleasant matter may be
settled without any litigation."
Mr. Harris said that while he expected
to see some members of Mr. Chanter's
lamny about the matter, there would be
no "family Conference." aa reported.
"Mr. Chanler still loves Mme. Cavalier!
and Bays he still thinks she loves him.'
said the lawyer. "Aside from the flnan
cla! differences they are on good terms.'
ALL ABRUZZISTORIES DENIED
fteral-Off trial Report from Home Says
Duke and Mln KILtaa Will
HUMti. oepi. j 2. a semi-omctal com
munication issued by an Italian news
agency louay aeciares tnat the reports
printed In Italy and abroad of the ap
proaching marriage of the duke of A bruit
and Miss Katherlne Elklna are absolutely
Bench in Depot
mm to a bench In the I nlon station and
ivent off to attend to some baggage. While
she was gone John wandered out Into the
aisle, leaving the chain stretched between
him and the bench.
The natuial oequel follow ed along came
a farmer in a hurry for a train, tripped
and fell headlong. His suitcase broke open
on the spot, disclosing a number of clean
and roiled sucks and collars. The b.jy
mails a slide for life along the floor. Juit
then a dog nearby started barking and the
farmer, thinking he was tangled with him,
ri-douliled his efforts to escape, and umy
made matters worse. When ha finally got
up and got loose John stood up unhurt
From the Philadelphia Record.
FIGHT FOR RUSTIN INSURANCE
Testimony is Being Taken in Omaha
for Louisville Case.
STORY OF THE TRAGEDY RETOLD
lasarance CoMpaaH-a Are Resisting
Par-eat sa 30,MM loss ranee
Policies Held by Or. Host In
at the Time of His Death.
.Just two- years, a f J Dr. Frederick Rus
tln met the moot , mpsierloua deaih' Oniaha'
ever knew, the, tirst guns were Bounded
Monday In therfjght to mover $30,000 worth
of accident insurance on-the- pitneipal fig
ure In the tragedy. Depositions were taken
In the office of Mahoney, Kennedy. &
Ieary preparatory to the trial of these
civil suits at LouiBVlllc. where Mrs. Huutiu,
the widow, has filed suit In district court.
The attorneys for the plaintiff will make
strenuous effort to discredit before a
Kentucky Jury the dramatic story which
Ahhle lUce recited on the witness stand
about her compact with Charles Davis and
Dr. Rustln, whereby Davis, according to
her story, shot the physician outside hla
West Farnam street home.
The first affiant of the day was Mrs.
Etta Allen, who saw Abble Klce, she said.
at 4 o'clock In the morning In front of the
Balduff confectionery buying a paper, In
great agitation. At the criminal trial. In
which Davis was acquitted, the Rice woman
swore that at the hour named she was in
resort conducted by a woman named
Detective Donahue told of his search ot
the Rustln home and premises for the re
volvera search which was fruitless what
became of the gun being a mystery to this
day. Officer Dan Leahey testified to an
interview with Dr. Lord at the :oipltal
following the opt ration on Dr. I;utin. Ac
cording to tho policeman Dr. Lord then said
that he ssw no man on his hurried trip
from Thirty-sixth to Fortieth, following the
alarm. Dr. .Lord said he did see a man.
Fred Metz testified to seeing Abbie Rice on
a street oar at 6 p. m. the evening of the
tragedy, a statement which disagrees with
Abbie Rice's version of her whereabouts at
Fl irlsn New branch, a reporter who Inter
viewed Abbie Rice at Grace Walton's re
sort the day after the shooting, told of her
statement to him that her relations wi.h
Dr. Rustln were simply of patient and
In behalf of the Insurance companies
Ralph W. Breckinridpe and two Kentucky
lawyers were present, these last being Fred
Forcht and David W. Balrd of Louisville.
The companies which are fighting tne
plaintiff are the Fidelity and Casulty,
the Casualty of America and the Aetna. '
The afternoon session was marked by the
appearanec of the first witness who was
not heard at the DavH trial. This was
Miss Bessie Rlchter, who was Dr. Rus-
tin's stenographer from April 1 to Septem
ber 1. IW. She declared that Abhie Klce
came tn the doctor's office a number of
times while the witness was an employ of
Miss Rlchter was closely questioned
about Dr. Rustin's habits of life. She
said she knew little She had never seen
him under the Influence of ll iuor.
The first part of the afternoon was
taken up with examination of insurance
agenta who wrote the policies which are
tContlnued on Second Page.)
They are looking
in the Bee today
for rooms. .
If you have one let them know
Run an ad.
Call Tler 1.000 and tell the ad
taker what kind of room It Is.
Where It 1
And the rental.
He will prepare your notice and
place it for you.
The job is a matter, of say,
Never Take a Day
Raise of Rates
Pennsylvania Railroad Official Testi
fies Freight Must Pay Deficit
for Passenger Earnings.
NEW YORK, Sept. 12.-John B. Thayer,
third -vice president of the Pennsylvania
railroad, today told the Interstate Com
merce commission, -which la Inquiring into
tbe question cf Increased, freight - tariffs I
.by tho- eastern , rondu, that the rales be
tween the , east and west have ' been for
years too low, and that the tariffs should
have been raised In 1908. The adjustment,
however, . was delayed until the business
depression had passed. The witness said:
"The matter of advancing rates came to
a head at the recent wage demands. It is
not an extraordinary and unprecedented
advance In rates, but is in line with our
established practice for two years."
Mr. Thayer said that passenger rates are
not compensatory for the service rendered,
but that the public, through its legislators,
will not stand for an advance In through
passenger rates. He said that rates on
through traffic have been too low In com
parison with local rates.
to Parclon Four
President Refuses to Grant Clemency
to Men Who Aided Combine to
NEW YORK, Sept. 12. President Taft, It
was learned here today, had denied applica
tion for a pardon for Edward Boyle, John
Coyle, Patrick T. Hennessey and Thomas
Kehoe, the sugar weighers, who were sen
tenced along with Oliver Spltzer, the dock
superintendent, for frauds on the Williams
burg docks of Uie Sugar trust. SplUer waa
pardoned and gave testimony at a subse
quent trial of Heike and Gerbiacht, who
Capture Ste- mer
Crew and Passengers of Vessel Are
Robbed ear Harbin and the Two
HARBIN, Manchuria, Sept. 12.-A band of
brigands disguised as paEsengers, held up
a Russian steamer south of this port today
and. after a desperate fight, overcome the
crew and robbed the passengers. In at-
tempting to defend their vessel the owners, ' Probert and Superintendent A. N. Hauver
two Russlars, were killed and many of the of tho Calumet and Soiyura Mining cum
Chinese crew w ere wounded, as were such I pany. The two men were on their w ay to
of the eighty Chinese passengers as offered I the mine with S2.4j0 with which to pay off
reslstence. When the pirates were in con-the miners, when two bandits stepped into
trol of the situation they bound the pas- jth-e road, forced the officers off their
sengers,. the crew, a Russian sailor and i horses, took the money and the horses and
two Russian women and took the valuables ! galloped into the mountains. Eight sus
of the captives at their insure. A Russian I pects are now In Jail. The holdup occurred
j gunboat was sent in pursuit of the outlaws,
Frenchmen in Mimic War
Repel English Invaders
GRANT" VILLERIKS. France, Sept. li
The French army! with the new auxiliary
of aviation ad -d, bean today a prac
tical demonstration of what might be ex
pected if a hostile force landed on the
aouthern coast uf the hriiUh channel.
Thf scene of this year's maneuvers Is
the plains ot l'lcnrify, ih old province In
the uorlh i f Franc bordered on the north
and northwest by the Slev, which separates
the republic from Great Britain and forma
tne department of Homme and part uf
Oise, 1'as de Calais and AUue.
Tha to,ooe truopa engaged are divided lute
PLAISTED LEADS IN MAINE
Democratic Candidate is Probably
Elected Over FernaU, Republican.
CONGRESSIONAL FIGHT HOT ONE
Democratic Chairman Claims nemo
era t Chosen by from 3.O00 to 5,000
Plurality, bat Repsblleno Does
Not 1st OIto lrp.
PORTLAND. Me., Sept. It-Three-, nun
dred and thlrty-Hve out of MS election dis
tricts give Fernald, republican. 37,1W;
Plnisted. democrat, 41,715. The correspond
ing vot In 1MW was: Cobb, republican.
40.036: Davis, democrat, 36.01.
Byron Boyd, chairman of the republican
state committee said at S o'clock that
while he was not ready to concene
Plaisted'a election for governor and that
the re-election of Congressman Burieign
In the Third congressional district was In
doubt at that time.
Karlv returns In the First and Second
congressional districts Indicate the defeat
of both republican candidates. Hinds and
Fourth district. Frand E. Guernsey
Second district, Daniel J. McQllllcuddy of
LEWISTON, Me.. Sept. 12. -The Journal
republican, concedes Plaisted'a election by
from 3.000 to 6.000.
AUGUSTA. Me.. Sept. 12,-Fred Emery
Bean of Hallowell. chairman of the demo
cratic state committee, at 8:15 o'clock to
night, claimed the election of Plalsted by
a nluralltv of 6.000 and also claimed the
election of a democratic legislature.
Early returns Indicated the democrats
pivoted their entire ticket In Kennebec
county, one of the republican strong
hnida of the state. This la Colonel
Plaisted'a home county.
SHAKEUP IN THE TREASURY
Asalatant Superintendent of Balldlnsja
Imlay : t Reduced to a
WASHINGTO Sept. 12. Another
shakeup In the u-mlnlstratlon forces at the
treasury occurred today, when W. M. lm
lay, assistant superinienoein ul uu-.u....,
was I eaucea to a cierssnip ana n. xi. jem
Ison, a clerk, was appointed to succeed
him. Imlay waa confidential clerk to for
mer Secretary Leslie M. Shaw.
George Simmons, chief of the division of
printing and stationer for the last twelve
years, was reduced to a clerkship, and F.
F. Weston waa transferred from the gov
ernment printing office to succeed him.
MINE PAYMASTER IS ROBBED
Mexican Dandlts Take barge 8am
from Offlrlal Enroute to Mine
EL PASO, Tex., Sept. 12. Details reached
here today ot the robbery Saturday, near
Cananea, Sonora. Mexico, of Cashier Paul
almost In the town of Cananea.
opposing armies, one designated aa the blue
and representing an Invading force, being
under the command of General I'lcuart,
former minister ff war, and the other the
red. forming the army of defense under
command of General Meuni-r. General
Michel has the supreme direction of the
The dirigible balloons participating are
equipped with Unlit wireless outfits and
are in constant communication with the
earth. In this way they perform the double
mission of aerial scouting and of trans
mitting Instructions f.-oin the c-jouuanders
to thair officers.
TAKES NEW TURN
Judge Sedgwick Suggests Attorney
General Investigate the Charges
Against Bell and Independents.
STIFLING OF COMPETITION ISSUE
Allegation During Arguments Both
Are in Same Situation.
CASE TAKEN UNDER ADVISEMENT
Byron Clark Calls Attention to New
Kind of Organization.
NAMED INTIMIDATION COMMITTEE
hief Jnstlee Asks Few Questions to
Asrrrtsln Ita Character Case
Taken I'nder Advisement by
From a Staff Correspondent.)
LINCOLN. Sept. 12.-(Spclal.)-The applt-
cation of the Nebraska Telephone company
for a modification of the restraining order
ssued by the supreme court some weeks
go to prohibit It from taking over three
Independent companies It had bought or
fro mconnecting with them, was argued In
supreme court today. The court took , the
case under advisement.
Just before the conclusion, of the argu
ment Chief Justice Reese asked If It wert
not the law that telephone companies were
compelled to make connection with toll tinea
of other companies. Frank Woods thought
The courts have held that to be tha
aw," said Byron Clark.
"All authorities do not hold that way,"
Interjected Attorney IFelds,
No," replied Mr. Clark. "One court In
Ohio held Just the opposite, and that de
cision was secured through the Intimida
'What Is an Intimidation committee?"
asked Chief Justice Reese." A very audible
huckle from several In the audience fol
lowed the Judge's question.
That's It. your honor. said Mr. Clark,
as he moved his hand In the direction of
Mr. Clark had said In hi speech that
messages had been sent out over the state
to managers of Independent companies to
be present at the hearing today. Fifteen
or twenty responded. v ,
As a result of the suit It Is probable that
the attorney general will Investigate the
charges against both companies made In
the argtmenta and If found to be true take
the necessary steps to force them to make
physical connection wtlh each other.
The suggestion waa made to Attorney
General .Thorn pen by Judge "edgwlck dur
ing the course of arsnim'tt-vKy ,. Mr.
Thomuson. It had been charged that tha
Independent system of Nebraska had been
guilty o fthe same practices which It had
charged against the Nebraska company
refusal to connect with other systems and
the buying of other planta to stifle compe
tition. "It is not a question In this case," said
the attorney general "whether the Inde
pendent, company is an outlaw. Thla ault
has been filed In the Interest of the peop.v
to see that they get their rights."
"It seems to, me," interrupted Judge Sedg
wick, "that the legal department of the
state might look Into these matters and If
both f these cmpanles are guilty of these
things charged, suits should be filed against
both of them."
"I have not had time yet to look Into tha
case," said Mr. Thompson In reply, "but
Just as soon aa I can I will do so and If
the Investigation warrants any action tha
legal department will take it."
The case came up on a motion by th
Nebraska company to have the restraining
order , Issued against that company to
modified that It could connect its toll line ,
with the planta recently purchased at
Plattsmouth, Nebraska City and Papllllon. f
The restraining order prohibited the com- '
pany from taking over the rompanlies
which It bought or from connecting up its
toll line with them.
. No Violation of Law. - -
The argument of the representative of
the Nebraska company, E. M. Morsman,
Jr., was that It had not bought competing
companies, and therefore had not violated
the law. Attorney General Thompson, rep
resenting the state, and Judge A. W. Field
and Frank Woods, assisting the attorney
general and representing the independent
association, argued that the action of the
Nebraska company in buying up Independ-
ent companlM , ,nli Btlit9 ,
a part of a
plan of th American liell Telephone com
pany to secure a monopoly of tha telephone
and telegraph business of tha United States,
and they produced affidavits from Iowa and
Kansas that similar purchases had been
made by the Bell company In those states.
During the course of the argument Judge
"The Plattsmouth; company Is now con
nected with the Independent toll line, is it
not, and the Nebraska company Is not con-,
nected?" Being answered In the affirma
tive he continued: "It seems to' me if wa
allow the Nebraska company to connect Its
toll line with the Plattsmouth company
then there would certainly be no competi
tion. There does not seem to me to be any
coi titlon now."
Wm-n Mr. Morsman was making hla ar
gument he said that companies belonging
to the independent association had signed
an agreement to refuse to connect with
any Nebraska company for a period of .
"I challenge that statement," Interrupt
ed frank Woods.
"Are you an attorney In thla case?" asked
"I am assisting the attorney general,"
"Then come out in the open and let It
be known." retorted Mum man, and con
llnued his argument.
Byron Clark of Plattsmouth appeared
for that company and Judge Paul Jessea
for the Nebraska City company.
OPERATORS RATIFY SCALE
Mines In the Mouthwestrrn
Probably Will Mr open
KANSAS CITY. Sept. l: -Operators of
the southwestern cual milting district met
here today and ratified the contract agreed
upon last week by reprcscntativea of the
miners and operators after weeks of con
ferences. Ratification came practically
without discussion. The ratification con
vention of the miners Is to be held Thurs
day, aei It la expected the mln a wfll bs
opened and the 3S,0o miners who have been
on strik tat suvbtiia back at work JTrMsy,
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