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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 4, 1911)
Fhe Omaha : Daily Bee CUR MAGAZINE FEATURES !. fcsjsaor, rirtl.. na ytetareo the heat f eatertala. Meat. lrtie, !, WEATHER FORECAST. For Nebraska Fair and. wanner. For Iowa Fair and warmer, ror weather report ace pn? 3 i ; V YOU XL-NO. 171. OMAHA, WEDNESDAY MOHNINU. J ANIWKY 4. 1!U TWELVE PAGES. single copy two cents. Y BANK GUARANTY XLAWSSUSniNED Statute, of Nebruk T: nsas and Otlaiom Upheld by V I State Supreme Ck ' ' U. 8. CIRCUIT COURTS ' -.' USED v De- " i Oklahoma Court Upheld in : ciaioni at WashaijU ri .LATTER SAID LAW WAS VALID Circuit Conn Denied Measures to be Constitutional. POLICE POWER BASIS OF RULE Jaatieo Kolaaee, Wk Reads DrrUloa, nwlartt States "Oaa Go rnrnm Ilesrsj. lot lew Abeolate Prohibition Et. at Prescribed Coadlttoaa. KtrmzMi coubt Bzoxaiovs. sTebraaka, kuiu and Oklahoma bank guaranty laws Avoided oonstltutioaal. Alabama ooatraot labor taw bald to b aa lnatruaaat of coercion. Fa a ma oenal libol suit cannot ba main tained la fadaral oonrta of Maw Tork. Xnaltlal carrier of lxcarstat eommsres cannot ba suae Uabla for loaaaa on otkar Unaa. (From a Staff Correspondent.) WASHINGTON. Jan. S.-(Kpeclal Tele gram.) Justlc Holme, la the supreme Court today, renderrd a decision la the Bo-called "bank guhranty cases" from Ne braska, Oklahoma arid Kansas, wherein the constitutionality of the legislative acta of thes atataa waa questioned. The lawa aj-a sustained by the United Plate su preme court. In Mi opinion In the, caae of Aahton C Shallenberger, govtrnor of Nebraska, against the First National bank of Hol ateln. Neb., on appeal from the circuit court of the United States for the district of Nebraska, Juatlca Holmea reverse the decision of the circuit court, which waa attainst the atate. The Nebraska ault waa a test caae In which many bsjiks of Nebraska were In terested, homing to prevent the banking board of Nebraska from carrying out and enforcing an act similar to the Oklahoma aiatue. tl forbids banking except by a corporation formed under the act and provldea for a guaranty fund. The circuit court bold tbe Btatue unconstitutional and Iseved aa lajuncttoti' against Its enforce ment. ; All Three Lawa Upheld. The United Slates supreme court also today affirmed the judgment et the Okla homa aupreme court in the Noble State bank caae upholding the constitutionality of the state bank guaranty law. The Kansas law was teated in a ault brought by the Aasarla State bank of Aa aarla,' the State Bank of Ax tall, and other banks.' . A ault In equity waa started to prevent the enforcement of the law pro-vWlng-.fot'ji bank r aepratlora' jgiiaraaHy fund. The 'dm all oourt held tbe Kansaa law unconstitutional, but dlerntesed the bllt of complaint on the ground that the appellants did not show that their right had been Infringed. The ground of com plaint waa that the law Imposed certain condition upon tbe sharing of benefits and burdens of contributors to the guar anty fund; that the appellants could or would not contribute, and that unless they did the affect of the law would be to de plrre tbero of their business. The Nebraska case waa decided on Identi cally the same grounds aa the Oklahoma caae, and similarly the K annas law. though thla contains certain minor differences. The moat Important of theae la that con tributions are not absolutely required. Pelts Fewer Baals of Doelaloau , "It may be said In a general way that the police power extends to all great pub He need a" Justice Holmea atated. "It will serve aa a datum on thla aide that In our opinion the statue before us la well Within a state' constitutional power, while the use of public credit on a large scale to help Individuals in business has been held to be beyond the line. "Tbe question that we have decided Is not much . helped by . propounding the further one, whether the right to engaee In banking is or can be made a franch.se. But aa the latter question has some bear ing on the former and as It will have to be considered In following cases. If not here, we will dispose of it now. It la not answered by oiUng authorities for ex istence of a right at common law. There are many things a man might do at common law that a atate may forbid. He might embesale until the statute cut down his liberty. We cannot say that the public Interests te which we have adverted, and others, are not sufficient to warrant the atate taking the whole business of bank lng under Its control. On the contrary, we are cf the opinion that It may go on from regulation to prohibition, except upon auch oondltlona aa It may prescribe. "In abort when the Oklahoma legislature declare by Implication that froe banking is a public danger and that Incorporation, iaspectlon and the above described co operation are necessary safeguards this court certainly cannot say that It la wrong, (tome further details might be mentioned, but w deem thorrl unnecessary here. Of euure objections under the state constitu tion are not open here." Justice Holme said the main objection to the laws waa that the assessment of the baiiks of the state In order to create fundi to guarantee deposits In other banks within the state took private property of one hank for the private use of another without compensation. Justice Holmes admitted that there might be a taking of private property without return to pay debts of a rival failing In business, but he said there were more powerful considerations on the other side of the question. "la the first place." he said, "it Is estab lished by rases that an ulterior public ad vantage may Justify a comparatively In significant taking or private jio,rty for what In Its immediate purpose Is a private use, "It would seem that there may be other casus) besides the everyday one of taxa tion In which th share of each party in the benefit of a acheme of mutual rs-otec-tlon Is sufficient compensation for the cor relative burden that It Is compiled to as euma At Wast If we have a rase within the reasonable exercise of the police power aa abov explained no more need be said." "Omaha banks will not be affected by the law." said W. II. LV:chol. vte prt-Bl-dent of th Omaha National bnk. "The tOuntlnued oa Fourth Page.) William E. Corey Resigns as Head of Steel Corporation Retiring President Will Have No Suc cessor Takes Effect at Pleasure of Director. NEW TOrtK. Jan. I. William F,. Corey, president of the United States Steel cor poration, resigned today and It Is proba ble he will have no successor. His resig nation was announced late this afternoon by Elbert H. Gary, chairman of the fi nance committee of the corporation, to take effect at the pleasure of the directors. He carries with him the best wishes of all connected with the corporation, says the statement Issued, and leaves with feelings of loyalty to and friendship for the corporations and all Its Interests, but nothing Is said of his plans for the fu ture. The first president of the United Stales Steel corporation waa Charles M. Schwab, who, following his resignation, became president of the Bethlehem Steel company. Mr. Corey has served seven years. Former Judge Gary's statement says In part: "After more than seven years of faith ful service aa president of the United States Steel corporation. Mr. William E. Corey has tendered his resignation to take effect at the pleasure of the board of di rectors. The resignation will be presented to the board for consideration and action in due time and the finance committee will then present Its recommendations con cerning the subject matter. "It Is the present opinion of the mem bers of this committee that there should not be elected a successor as president in the Immediate future. If at all. The ex perlent and talents of Mr. Corey have best fitted him to take charge of the com mercial and manufacturing departments and his attention has been largely con fined to that service." Nebraska's Postal Bank Starts Up Postmaster at Nebraska City Gets Seventeen Accounts on First Day. NEBRASKA CITT. Neb.. Jan. S. (Spe cial Telegram.) Nebraska's first United States postal savings bank opened here today under charge of Postmaster Frank McCarthy. Seventeen accounta were taken out. "The number la not a large on." said Mr.'McCartJiy, "but we were handicapped because of the failure to arrive here yet of certificates of the larger denominations. Consequently we were compelled to turn some these away for the day. Concern ing the amount deposited I do not feel I am at liberty to make a statement." The Nebraska City postal savings bank Is the only - one In the state. A number of children's accounta were also started. Children may buy 'a card for -one dime, get one stamp for each additional dime and start a real account when nine stamps are on the card. Postal saving accounta really begin with payment ot $L , The provision aa to. children's cards la for those more than 10 years of age. The limit on adults la S100. New Judges Seated in U. S. Supreme Court Two Vacancies Filled and Complete Bench Listens to Cases First in Many Months. fFrom a Staf fCorrespondent.) WASHINGTON. Jan. S.-(Speclal Tele gram.) Judge Willis Vandevanter, before taking the oath of office today as a justice of the aupreme court, called on President Taft. Justice Vandevanter said he would lease the former home of Justice Brewer. 1923 Sixteenth street, and move there in a short time. The two vacancies on the bench of the supreme court of the United States were filled when Judge Vandevanter and Judge Joseph R. Imir began the performance of the duties. For the first time In nineteen months the bench waa complete. For the first time since the organisation of the court one president has commissioned within a sin gle year five men to sit on the bench. FUNERAL .OF ARCH , HOXSEY Eight Aviators Act as Pallbearers Mnet will lie Ererted oa I N Field. PA8APKNA, Cel., Jan. S. The funeral of Arch Hoxsey waa held here today. Glenn Curtis. Philip O. Parmalee, Kugene Ely, Walter Brooklns. James Badley, Hubert Latham and Charles F. Wlllard were pall bearers. A monument to the memory of Hoxsey will be erected on the spot where he met his death. The field will be used as a permanent aviation park. It waa announced today that Hoxsey's share of the prlxea totalled 16.200. SAYS GALLAGHER IS SHAMMING Expert Wltaeea Sara Hi Who Shot Mayor Gayaor Ie Not Iaaaae, NEW TORK. Jan. S -An Inquiry Into the sanity of James J. Gallagher, who shot Mayor Gaynor. was begun before Supreme Court Justice Swaysee In Jersey City to day. I'r Allan McLane Hamilton of the Manhattan, N. T., state hospital for the Insane, who examined Gallagher four tlmea, asaerted Gallagher only shammed Insanity. Cold Arouses Ingenuity of Those Who Have No Firesides "Say Cap, I'm broke and I want a place to sleep tonight. I've a job fer tomorrow." That Is the plea that most of the men driven In by th cold of the last two nights make to Turnkey "Johnny" Byrnes at the city jail. There aere ftfiy-sevrn of New Year s eve, almost a record breaker, j and last nignt mere were nearly aa many more. "All right." "and we will replle Turnkey Byrnes, bo ur to wake you early for that Job." ' Their names and addreasea are entered oa th register Just as at any awell water ing place hotel, and Turnkey Byrne calls FIERCE BATTLE WIrHTllJSltEDS Six Men, Suspected of Murder, Hold Hundred of London Police at Bay for Hours. FIGHT IN HEART OF THE CITY Number of Persons Wounded by Men Barricaded in House. BUILDING FINALLY TAKES FIRE i Suspects Continue Rain of Bullets Under Burning Roof. TROOPS AND FIREMEN AID POLICE After the Blase la Kxllnanlshed lx Charred Bodies Are Found oa Up per Floors Two Partly Identified. LONDON. Jan. S. Holding at bay for hours hundreds of policemen, troops and guardsmen, a band of suspected anarchists almost In the heart of the city today main tained their defense until the house had collapsed and burled the criminals In the ruins. Six bodies were found in tbe wreckage.. Several of the firemen were injured and a number of persons were wounded by the bullets of the besieged. The aftalr. one of the most remarkable criminal outbreaks Ixmdon ever has known, took on the dimensions of a battle. It began early and continued until after noon, when the civil authorities at last became masters of the situation. Vast crowds gathered In the narrow streets leading to the scene of actlvHlea, while word of the desperate character of the fighting ran throughout London, cauatng widespread excitement and alarm. fall for Machine tiona. At one time the besiewlng force called for machine guns, but these were not brought Into actual use. A member of the ministry, Home Secre tary Winston Churchill, appeared when the fighting waa at Its highest. ' Leaders of the band are known aa Peter the Painter and Dutch Frlta. l he pol ce say that while they were satisfied that one of the bodies recovered was that of Dutch Frita they were not positive that the other waa that of Peter the Painter. At an Interview Mr. Churchill expressed the opinion that the anarchists had set fire to the building themselves.. During the fight points of vantage 're at a premium and many persona from the West End paid big price for positions on roofs commanding a view of the aoene. Htorr of the Flaht. The police, discovering their headquar ters, surrounded the place and were met with a volley of shots, two detectives be ing wounded, one seriously.' ' One hundred shots had been fired when the house caught Ire and the fire brigade was summoned. . ' " The. police, after locating- the men and anticipating trouble,, had ordered the houses In the Immediate neighborhood va cated before daylight and, throwing a line of officers around the square, allowed no cne to approach w'tlhln a hundred yards of the scene of the expected battle. The police lines had been drawn so tightly that it was believed the Inmates of the house had no chance to escape. The police were" satisfied that the place con tained the two murderers wanted and they had also satisfied themselves that the as- 1 sasslns had fortified their home and were supported by a number of friends. j Piles of straw were lighted near the building and the flames soon communicated to the house. The fire brigade was then summoned and divided lta energies between putting out the blase and trying to flood out the outlawa by streams of water thrown through the windows. Home Secretary Winston Churchill ap peared early In the afternoon and aurveyed the acene, crossing the firing Bone at some risk.' A corps of nurses waa brought to the vicinity, and they treated the wounded, among whom were a few spectators who had been struck by spent bullets. In the face of terrific odds, the trapped men continued a desperate resistance and every few minutes appeared ft the win dowa and emptied their guns. ' j Soon after I o'clock the roof of the house fell In, carrying the anarchists down amid the (lames. Just before the supports gave wy, uiie ui iug uesperaaoes attempted a dash from th building, shooting In every direction. He met a volley from the sol diers and staggered back Into the house, which was then a fiery furnace. Meat Coatlaae to Shoot. In the face of terrlflo odda the trapped men continued a desperate resistance and every few minute appeared at the wln odws and emptied their guns at anyone in eight A the afternoon progressed the battle waged more fiercely. Another company of Scots guards was ordered out and took up a position In front of the house at 1:30 o'clock. At that hour so furious was the battle and so determined the resistance of the Criminals that machine guna were called for. These were hurried to Sidney chreet un der orders to bombard the east end fort ress, should other measures to dislodge the defenders fail. iiv iiauiBe, unquencnea, swept up through the building, driving the occupants to the top story and bursting out of the windows. Hard pressed, the terrorists kept up the grim fight. At I o'clock the whole building was In flamea and the deaperadoes had been driven from within to the roof (Continued on Third Page.) . them his "lodgers." Most of them truly "wanderera of the earth." The names of most of the prominent cities In the world are to be found on th roster. Last night two men were brought In who bad been found asleep and almost frozen In illrlr s 1 lv. inuring ine oayume tne postofflc cor ridor are the raeora of those seeking warmth. Uncle Bam haa a rule which forbids "loafing" In the corridors. Again necessity Is the parent of Invention and as a person reading a letter is not "loaf lng" old letter are brought to light and most assiduously read and re-read. ' l' i u ;.r ' nr , rf -n- ff.v. IV ' From the Philadelphia Record. OVERLAND LIMITED HELD UP Masked Bandits Rob Passengers and Trainmen of Money and Jewels. KILL A PORTER, WOUND ANOTHER Shortly After Weslhoood Train Had Passed 0den the Two Mn Btoprd It will a Red Light. , ' . ' ' : OODBNi Utah. Jan. S.-outhem r-acmc "..assener train No. 1. the Overland lim ited, westbound, waa held up l. K-nrfite at an early hour two this i t. nine miles west of muriuii Ogden. A negro porter waa shot and ln atantly killed., A. W. Taylor, another por ter, waa mortally wounded. The bandits did nut attempt to enter the express car, hut devoted their attention to the Pull mans, where they made rich haul from California bound PtrV"" holdl"I',th train for more than hour. Robkertfresabll hi Oardea. , The body of the dead porter and' the wounded porter were brought here. No passenger escaped the robber and , the trainmen also lost their money and Jewelry. Local detectives are of the opinion that the 'robbers made their way Into Ogden during the night and are now hiding here. Thla theory Is based on the fact that after Overland Limited No. 1 had been robbed the robbers uncoupled the engine and commanded the engineer to. taae me switch and back his engine in .me .aireu tlon of Ogden. The light engine had pro ceeded only a short distance when It met a freight train on the main line blocking further progress. The men alter noimn h. freight crew and destroying the telegraph nstrumenta In the cabooa to the wagon road. and. were last took seen afoot a short distance west of Ogden. At that point they held up a young man escorting the daughter of Bishop Wayment to their home In Warren. After taking from th eacort the few nickels In his pocket, the robbers ordered the belated party of young people to "beat It." Rinr then no trace 01 me r are heavily armed haa been found. Th. crews of the freight ana passcnKer trains are being brought back to Ogden on a special for the purpose of giving more detailed accounts of the robbery and aiding In Identifying any suspects tnai ue rounded up by the four armed possea In the field or by the police of thla city, who are making a house to house canvass of the rooming place and hotels in the rail road district. The Southern Pacific and imm riarrimnu reads will offer a heavy reward tor me capture of th robbers. KIUIbbT of Negro Wantoa. The killing of William Davis, whoa home . . . i . ne a w la In Chicago, ana ine wuuuuihb - Taylor, both Pullman porters, were un provoked. The negroes were In a drawing room of a Pullman when th robbers en tered and they made no move to resist. One of the robber aakea ma comeu- eratea: "What will wa do with tnemi The reply wae: "Kill them, they ar only negroea, ana msianny .... deroua response from the rifle, and tone of tha porter lay ad and the other desperately wounded. Turning to Brakeman nancocx. wno naa been holding the "sack." ana was an un willing wltneaa to the tragedy, the murder said: "You didn't kill them, and the brakeman answered. "I guess you did". Porter Taylor credits hta eeeape rrora death to hla feigning death when he fell to the floor wounded In the arm. There were twenty-seven passengers on the Overland and all but three were searched. The total loot to placed at ll.iw to $1.0 by railroad officiala. One passen ger lost A woman who hesitated m obeying the command to give up her val uables waa struck a severe blow In , the breast, the muxzle if one of the riflea being used as a prod. The other passen gers were struck over the head by butt ends of revolvers. It is a good piece of business to ad vertise your vacant rooms now. Call Tyler 1000, ami tell tbe ad taker what you have. She will prepare the ad and place it for you. An Irresistible Force and an Immovable Body '1 VI I II I 1 Indicted Packers Lose First Point in Attack on Bills Judge Kohlsaat, in Circuit Court, Rules that Dismissal of Equity Suit is Not Illegal. CHICAGO, Jan. . J. Ogden Armour and i other Indicted packers lost their flrat at tack against criminal prosecution for al leged violation of the Sherman antl- trust law. Judge C. C. Kohlsaat In the United States circuit court held that the govern ment had a right to dismiss the ault In equity brought aga'nst the National Pack ing company. Government Wins Point in Land Case , " i gjs.shsaaa " -"- - 4 ' Supreme Court Holds Statute of Limi tation Does Not Apply to Men ' . . ..' Charged with Conspiracy. WASHINGTON. Jan. S. The government today won a hard-fought contest when the supreme court of the United States held that James T. Barber and Sumner O. Moon, prominent citizen of Eau Claire, Wis., must answer further to the charges of conspiracy to defraud the government out of lumber land In Idaho. The lower court had dismissed the Indictment against them, because of the statute of limitations. Progressives Will -Meet in Minneapolis Conference Today Will Mark Begin . ning of Campaign for 1912 in North Star State. MINNEAPOLIS, Jan. . A convention of republicans has been called to meet here tomorrow and lta promoters say It Is the beginning of a campaign of progres sive republicanism for 1912. Acceptances have been received from Francis J. Heney, Senator Miles Polndex ter of Washington. Representative Norrls of Nebraska. Representative Sydney An derson of Minnesota and Senator M. R Clapp, Hugh T. Halbert of St. Paul, who will be th temporary chairman, aald today: "This will be a convention of progressive republicans to enunciate a . platform of principles and to form a atate league to carry them out." Panama Canal Libel Suit is Thrown Out Supreme Court Sustains Action of the Court of Appeals in Dismissing' Suit Against New York World. WASHINGTON, Jan. a The supreme, court of the United States today approved the action of the New Tork federal circuit court In quashing the so-called "Panama canal libel" Indictment brought by the United State government against the Press Publishing company of New York. This throws the. entire case out of court. w sat i- . t v: i ! ii 'W.v 7 , J saJl jgT South Dakota Supreme Court Upholds Dead SIOUX FALLS. & D., Jan. 1 Special.) A decision of the state supreme court In the Tuttle divorce case, arising In Kings bury county, probably la the closing chap ter In an interesting romance. Th parties to tha suit reside in the .vicinity of the little town of Oaceola. Kingsbury county, and their domestic difficulties have kept the community In which they have lived In a state of expectancy during the last year. Their friends hav wondered what would happen next. Their marriage was th culmination of an acquaintance extending from the time they wer children. Th husband's mother strongly desired their marriage and, to further this wish. In her a ill left to her on th sum of SS,0M on condition that he marry the girl. It was provided In the will that If he failed to fulfill this condi tion the girl should hav the money. The marriage took place several years ago and .mmm PIONEER FARMER DROPS DEAD Otto Wettorff Falls in Apoplectic Stroke Near City National. HIS CHILDREN ARE ALL DEAD Lived on the Went Dodge Street Hoad for (he Last Fortr-Oae Years- fame Here from Home In Germany. While he waa on hi way with his wife to visit the C. C. George real estate com pany Otto Wettorff. one of the oldest farmers of this county.' dropped dead In front of the City National bank building about It o'clock Tuesday morning. Mr. Wett,orff waa 74 years old and had suffered an apoplectlo stroke a year ago. Physi cians who were summoned say . death was probably due to a second strok and old age.- 1 Mr. Wet1 rf f and hla wife; wero Just abolil" to enter the "door of the b!R bahk building when th aged man fell befor his wife's horrified gase. He waa carried Into the Wolf Jewelry store In the bank building Just off the entrance. Death ap parently had occurred before he was lifted from the sidewalk. While Dr. F. S. Whitman, assisted by Drs. Holer and Ford, examined the man and made certain he was dead, those in charge of the store pasted newspapers over the door pane and wlndowa to shut out the gaee of the rapidly gathering crowd of morbidly curious persons. The coroner was notified and In a few minutes the body was taken to his undertaking parlors. . Mr. Wettorff had lived on a farm five and one-half milea west of the city on the Dodge street road for about forty-one years. He and his wife came here from Holsteln, Germany. Their children are all dead, and through the sudden taking off of Mr. Wettorff. the widow la now left without a single near relative. Besides his wife, only a half brother, William Lewou, of 326 North Twenty-fourth street South Omaha, survives Mr. Wettorff. Mr., Wettorff had Bold his farm to the C. C. George company about a year ago. He and his wife were in the habit of driv ing to the city occasionally, on which trips Mr. Wettorff attended to minor business at the George & Co. offices. It waa on such a trip that the aged man came to his death. SCOTCH MIST ENVELOPES THE ATLANTIC SEABOARD Foarteen Trana-A tlaatle aad Coast- wise Steaaaera Are Tied Up Off New York. , NEW TORK. Jan. S.-Th heavy fog or ''Scotch mist" which has been enveloping the Atlantic seaboard for the last twenty four hour showed no signs of lifting early today and marine traffic In and out of the port of New York was at a complete standstill. Fourteen trans-Atlantic and coastwise steamers, both Inward and outward bound, tugged at their mud-hooka off the Ambrose channel lightship and the quarantine station, waiting for a chance to get under way. Sixteen persons were Injured, two prob ably fatally, when two crowded Brooklyn Transit trolley cars crashed together early today on the Incline In Sixty-seventh street and Third avenue, Brooklyn. Woman's Wish th son received the S&.00Q. Some months ago breakers appeared on the matri monial sea of the Tuttlea. and after the usual delays the wife applied for and was rrantad a divorce. The trial Judge allowed her tl.OOO In permanent ali mony, to be paid In annual payments of IK. The payments were to cease should Mrs. Tuttle again marry before the ex pliallon of the yeara allotted Mr. Tuttle In which to pay the permanent alimony. Airs, i uttie waa not satisfied with tha action of tha loner court and her attorney appealer ins case to trie state aupreme oourt, vhlch now haa found that the prop erty of Mr. Tuttle waa worth S18.M0 and has awarded to the e-wlf th aum of V.'M, all th coats to be paid by Tuttle The fcupieine court In allowing ti. greater sum round that the lower court wa not Justified In allowing Mr. Tuttle only U.- DEM0C1UIS GET SLATESjniROUUH jKuhl and Moorehead Named Speaker and President Fro Jem of House and Senate. RICHMOND CAPTURES THE PLUM Douglas County Man Awarded Clerk ship of House. SMITH OF SEWARD WINS, TOO Is Elected Clerk of Senate as Result of Combine. INSURGENTS ARE BACK IN CAMP Five of Nine Democrats Off Reserva tion in Lower House Return and Caucus Does Ahead to Name Slate Which Goes Through. fFrom a Stuff Correspondent 1 LINCOLN. Jan. S. (Special. The thlrtv seoond Nebraska legltlRtiro convened at noon today, the formal orgnnixatlon con suming about two hours, when adjourn ment was taken until 10 a. in. Wednesday. The democratic caucus slates were adopted In both houses. John Kuhl of Cedar being elected speaker of the hous and J. II. Moorehead of Falls City presi dent pro tern, of the senate. The only friction occurred In the election of L'liler James Hoff as chaplain In the senate. He was uppoxed because of his Mormon faith and Senator Tibbetts nomlnatid Rev. J. H Pries. The vote was let to In. two senator being ubxent, Hoff winning by one vote. Secretary of State Junkln called the house to oi-der and Gerde of Richardson Was selected aa temporary chairman, with II. C. Richmond temporary clerk. Rev. Jer emiah Mlckel of Lincoln offered the prayer In the house, but owing to the contest for chaplain the prayer was dispensed with In the senate. Elder Hoff was formerly chaplain at the penitentiary and is the first Mormon to hold ten position In the legislature. The house members were all In their seats except three, Holdgren, Howard and Waite, and two senators were absent, Taloott being snowbound and Buhrnam being sick at horn. Reagan of JniugU distinguished hlmsrlf when the senate came to adopt the tulea of 1900. I Jeutenant-Oovenvir Hopewell suggested that the rule forbidding smoking during business sessions be enforced, but a motion was mada to suspend It. Reagan spoke for the motion, saying: "We want to be broad-minded gentlemen ' and do nothing narrow or small, if we cut out amoklng, somebody might want to cut out chewing. I believe In leaving senator on their honor." : But other senators, who looked at tha matter from a physical standpoint, voted to enforce (he rule and allw no smoking. Representative Gerdea mad a hit with hla speech accepting .th") temporary chair manship In the house. 11 dwell' upon, the' obligation of carrying out (lie preferential vote for senator and tha necessity of re disricting the state, "which other session have left undone." Senator Morehend. pres ident pro tern of the senate, merely thanked the senate for Its confidence and promised to serve it to the best of hla powers. Chief Justice Reese of the supreme court administered the oath of ntfld to the sen tit or s, greeting each personally aa be came up to sign the roll. . In the house th republicans went through the form of a contest b- nominat ing their caucus men, Evan of Adams for speaker and Clyde Barnard of Table Rock, former clerk, for chief clerk. Kuhl, the wet democratic nominee for speaker, received M ovtes to 13 for Evans, three republicans. Nordgren of Hamlltorl, Howard of Garfield and Waite of Sherman, being absent. The vote on chief clerk waa M for Richmond and 42 for Barnard. Th house officers elected are: Speaker John Kuhl, Cedar county. Clerk H. Ci Richmond, Douglas county. Sergeant-at-Arms J. W. , Kelly, Furnas county. Postmaster-si. P. OAffney. Lancaster county. Assistant Postmaster Richard Sampson, Seward. Chaplain Rev. Jeremiah Mlckel, Lancas ter county. President pro tern J. It. Morehead of Richardson. Seoretary W. II. Smith of Reward. First Assistant Secretary Frank Perkins of Dodge. Second Assistant Secretary E. A. Wat rath of Polk. Employee W. F. Austin, Polk county, postmaster; T. F. Costello, Grand Island, sergeant-at-arma; J. W. Hodges, West Point, assistant sergeant-at-arms; J. G. p. Hlldebrand, Uncoln. clerk of th commit tee of the whole; ltev. Mr. Hough, South Omaha, chaplain; II, C. Cox, Brewster, bookkeeper. Th senate named thla committee on committee: Oil la, Morehead, Talcott, Horton, Bodlnaon, Kohl, Bkllea. The commute on employes la: Banning. Reagan, Talcott. Placek, Tlbbltta, Lee, Pickens. The commltte on rule: Ollla, Tibbltts. Albert, Tanner. They reported tha rule of 1K09 for adoption, excepting that the Judic iary committee be expanded to eleven member and th report carried. Tanner, Jansen and Banning wer named to noury tne governor ot tne sen ate' organisation and readineaa to receive any communication from him. The executive committee of the repub lican caucus, Keuiwaentatlyea Mockett, Taylor of Merrick and Qustafson, will art as the steering commute for th minority In the house. Representative Nelr of Hamilton wants It understood that he Is still dry and not lined up with th wls, though he refused to vote for Quackenbuah. He was on of th republicans who declined to let county option make him vote for a democrat. ('( of Huh Deaaoorat. Flv of th nine democrat In the lower house who hav been holding out came back on the reservation thla morning and the caucua proceeded to name a slutc. They atated that they had no ral interest in the election of Quackenbuah and agres.l to become "regular" In exchange for a promise that the Initiative and referendum bill be placed at th head Of th calendar and pushed through with all possible dis patch. If sale lleoioerata Orasaalxr. The senate democrat completed their org nl ration ahortly after I o'clock thli morning, the three dry member refusing to come In until this hour. Th principal delay wa on selection of th commute on committees, Senator Ollla of Valley county finally succeeding, leaving Kenator Tanner'a name atrleken from the t.lat. Tha committee as agreed upon consist of five wets and two dry. Th alat follawa;