r
Omaha Daily
OUR MAGAZINE FEATURES
Wit. aamor. flrttoa ..4 resale
ylrlnrra .the Krai af enfertata.
neat. Iittnrllaii, aaiaaement.
WEATHER FORECAST.
For Nt-hraks Snow.
For Iowa Sno-.
For weather report ee PMc- 2.
VOL. XL -NO. 179.
OMAHA, FKIDAY MOKN1X0, .lANl'AKV 1.1, lDll-TWBLVK IWUKS.
NIXULF. COPY TWO CKXTS.
The
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OIL KING GENIUS, IRailroad Attorneys
SAYS ATTORNEY! Ar. for Increase
John 0. Milburn Addresses Supreme
Court in Behalf of Standard
Organization.
DISSOLUTION AN INJUSTICE
Lawyer Paints Word Picture
Early Strug gles.
PURCHASES NOT MADE ILLEGAL
Period of Acquisition Closed
Eijrhteen-Seventy-Nine.
BOUGHT PLANTS IN KINDNESS n
seller (oni'lKon 1 Wrrr Waved
from Losses or "elllna; Oat to
Traet "Only Drrrnt
Tblac to Do."
WASHINGTON, Jan. H.-Flghtlng for lis
life, tha Standard Oil company throuah Its
attorneys today srgued liefore the supreme
court of tha 1 nlted States against the
pro-posed dissolution of the Standard Oil
company , of New Jersey. For three hours.
John O. Mitburn of New York addressed
the court. Tomorrow, Krank H. Kellogg
of Minnesota will present the government's
Ida of the controversy. The arguments
will not ba com-hided until next Tuesday.
Mr. Mllburn's task was to present to
the court the facts In the case, but ha de
parted from the facta now and then, to
show what alleged wrongs the affirmance
of tha dissolution decree of the lower
court would incur,
In hla history of conditions in the oil
bualness betwean 13H0 and mo, due he said
to an overproduction of refining capacity,
Mr. Milburn Introduced to the court the
character ot John D. Rockefeller.
Rockefeller a Grains.
"Thera was out there 4n Cleveland." said
he, "a young man In the early sixties with
r small amount of money which he had
saved, who possessed the gift of genius.
He had tha genius for business and there
la a genius for business Just aa there is
a genius for war, or painting or poetry.
That man was John D. Rockefeller. He
saw that this over production of refineries
was to be met by volume of business so
as to withstand tha lower profits."
Ha than told how Rockefeller allied him
self with Andrews, a practical oil refiner,
and how with tha exercise of Rockefeller's
genlua for business and their consequent
good standing among financiers, they grew
rapidly.
Mr. Milburn dwalt particularly upon the
period of acquisition,- which ha aald closed
In 1S7S, tha trust agreement of 1892 and the
new agreement of ownership in 185 Ac
quisition never had been made. Mr. Mil
burn told tha court, with an Intent to re
strain or to monopolise Interstate trade.
Most ai the purchases were made, ha said,
?".v , - -v. 4
fataw.ak.nfc a Meanest laa Plan al. I
"Wa thought that it was only the decent
thing to do if a man tame to us," said Mr. j
Milburn, "with a proposition to sell out to I
buy hla plant at Its appraised value. Often
It was practically worthless, and we could
have permitted It to Ary rot In his hands."
He denied the charges of the govern
ment that because the Standard Oil had
the advantages of alleged preferences from
railroads ddrlng the' period of acquisition
that It Should now be punished. The con
tracts between th railroads and the com
pany were not In restraint of trade, he con
tended, "when viewed In the light of the
days In Which they were made."
The trust agreement of 12, whereby
trustees exchanged their certificates for
the stock of the various "common owners"
of Standard Oil companies, came In lor
much attention. In connection therewltn
Mr. Jllltiurn maintained that the supreme
court Of Ohio did not, decide that tli
"trust" was Illegal, but simply required
the Standard Oil company of Ohio to witn
SreW from tha trust aarraemenft
Hla sxt.ndad remark. h..ut th. r.or.a.
laatlon ot the Standard Oil Company of
New Jersey in ISM. which la the thing that
tha decree of the lower court would undo,
as a violation of the Sherman law, was
summarised by Justice Hughes.
Hnaraes ainmarlaea Arsenical.
''The net result," suggested Justice
Hughes. "Is that the Standard oil com
pany of New Jersey, after lie, stood in
the place of the trustees, and those who
held the certificates Issued by the trustees,
thereafter held the stock of the Standard
Oil company of New Jersey."
"Precisely," aald Mr. Milburn. "It la
quite simple when you understand it. Ynu
see there waa the aamo h.dv of common
owner of the property both before and
after 1S9 "
At this point he rtferred to the argument
et the Standard, upon which It Is pinning
Its faith In the present controverey. thst
the new arrangement of lis did not sup
press competition in any way. because the
properties before UM were not combined,
they being owned by the same personi.
One objection ta the decree which Mr
Milburn voiced, was that by compelling the !
Standard of New Jersey to give to each
of Its stockholders a proportionate share
In each ot the corporations, whose stock
It held, the small holders of stock would
be seriously emuarras.ed. For Instance,
the man who owned one share of stock In
tha Rtani1,nl f k- - ...
i t . .
wimnanv anrf f k,i i- ., n..
would not be msrket.ble. he .ucSe.te1
rurth.rmoi. he made the statement that
,k. m..... i k . . J ,
... nvitll III KhVlliri. I II II.
T ' ' ...... i. . n ... 1 1 1 , V , ui , 1 1 r-
propertles, because the companies had noi
Independent existence. Then, as Attorney
General Wlckershum sciihhled down a note
Jr. Milburn added: "From the po'nt
view of value."
CANADIAN GEOLOGICAL
PARTY REPORTED WRECKED
rate Fears Felt far Safety of
Fifteen aclentlaia a Hadaon
Ray Coeatry.
WINNIPEG. Man.. Jan. li.-Word wai
received here today that a party of fifteen
Canadian geologist, headed by J. M
Maconn. Chief of the gmlag cal department
at Ottawa. Was wieckrd in the shores of
Hudson bay while en route to Winnipeg
, The reHrt from tlj gote.nmem gaoloila.
expedition was the first news fr'm the
party In months, 'Grate f.ars had b en
felt for their safety.
' It Is making tha 1 col mile Juumey to Gimli
an foot will) dog sleds to carry their pro
ofts aiid should reach UtmU In a week.
in 1 reignt unarges
Hines Attacki Powers of Commission
and Robbing Talks of Proposed
Big Expenditures.
WASHINGTON. Jan. 12. "The Interstate
Cc inincrre commission Is not. under the
) law. the general mantK'r of the railroads
'.if the I'nlted States." declared Walker
Mines of the Delaware Hudson and
i chairman of the executive board of
fanta Fe. In presenting his arg iment
thV Interstate Commerre commission
" ,t the eastern rap hearing. In be
ill . '. "he railroads' proposed Increase In
j V , fs.
s . " of he decrease of railroad
fre In this country practically
has r tched. In my opinion, and I
asl: N commission to take that Into con
sideration In this case," declared F. 1'.
Robblns. counsel for the New York. New
Haven A Hartford railroad. .
Mr. Robblns explained that the New
Haven road had In contemplation the ex
penditure of fOT.ObO.OOO In various large im
provements. WASHINGTON, Jan. 12. Announcement
was made b the Interstate Commerce com
mission late this afternoon that the pro
posed advances in rates in eastern territory
lias been suspended voluntarily by the
carriers until March 15. It I probable that
similar action will be taken by the western
lines as to their proposed advance.
Poisons Her Babe
to Please Husband;
Held for Murder
Wife Admits Child Murder at Inquest
Gives Infant Dose of
Deadly Acid.
BROKKN BOW. Neb., Jan. IS. (Special
Telegram.)"! killed the baby with medi
cine," testified Mrs. J. R. Mohatt at an
Inquest over the death of her child here
this afternoon. "I did It to please my hus
band, because I did not think It was his
child."
Mrs. Mohatt declared her husband had
given her permission to kill the Infant.
"I waited until he went to do his chores
Tuesday night and then gave the baby
carbolt cacld." aald the woman.
Mrs. Mohatt wai held responsible for the
death of the Infant by the coroner's Jury
and Is now under arrest charged with first
degree murder. She was at times Irra
tional In her answers on the witness stand
and confessed to being erratic. J. R. Mo
hatt. the husband, testified that his wife
was subject to dementia. He said she had
told him the rhlldwas not his.
Farmer Charged With
Complicity in Robbery
Alexander XMrd. of. Wymort'. Who
Stored Automobile in - His
Barn, Arrested.
BEATRICE. Neb.. Jan. 12 -(Speclal Tele
gram.) Alexander Menard, a farmer living
near Wymore. was arrested last evening
by Sheriff Sullivan of Marysville, Kan.,
and taken to that place on the charge of
complicity In the Seattle. Kan., robbery,
which occurred last November.
The morning after the roboery four men
drove up to his place In an automobile
and asked la they could store their ma
chine In his barn. He granted their re
quest, and the machine remained there
for nearly a week, when the men sup
posed to have robbed the bank came after
It and paid the storage charges on it. The
machine, which was attached later by
Sheriff Schlek of this city. Is supposed to
be the property of H. H. Hoeer. tho
Wymore man who Is now In Jail at Marys-
"" awaiting trial at the next term of the
mrici cuuri mr cumpucny in me roo-
bery.
Mr.
Menard has always borne an excel.
I iml reputation and It la the general opinion
here that he Is Innocent of any wrong
doing. He says he knew nothing of the
robbery when (the men visited his home
and arranged with him to store their car.
Falls City Boy Killed
Near Springfield, Mo.
j Bodies of Roy Fledgs and Soney Stof-
fie Are Found on Railroad
Track.
SPIltNGFIEr-D.
Mo., Jan. II-
Two boys.
j believed
to be
Soney Stoffle of South
Greenfield, Mo., and Roy Pledge of Falls
City, Neb., were killed by a freight train
nrar Holn-.an, Mo., fifteen miles east of
here today. The boys were lying with
their heaJs resting upon the rail, and it la
believed they committed suicide. Stoffle
was 1' years old and Pledge IT. according
to tapers found In. tljqlr pockets.
CAREY'S MESSAGE IS RADICAL
(iiror,ot Womli liocates
Initiative, Recall, Direct Primary,
! CaiumUalon Kami for Cities.
I CHEYENNE. Wyo.. Jan. 12 Governor J
I M- Carey'a message to the eleventh general
asaeinblv of Wiomlna was read before both ;
n,i, ,.t n, iiui!ii.i., trulav The!tax amendment
i message was very radical In tone.
Gov -
, -
"nor Carey asked for law. embodying the
' 1"M't Vrimmry. Initiative, referendum and
'reeall. a corrupt ptactlces act and a coin-
i mission form of municipal government.
Passenger is Lassooed When
Trolley Rope Forms a Kink
If hla wife had no: lnsited on his wear
ies 4 heavy muffler
! If In addition he had not happened to
have h's overcoat collar turned up aoout
his peck
1 Why, then, the hang.ng of John !. Ruth
on tne rear end of a Farnam street car
might lis' e been no parsing plea-untry.
! If Mr. Ruth hud noi stood by the trolley
1 ropu it wou'd not hate happened, says the
icoinpanv.
If the companv had mere cats and pu
stngeis were not crowded wherever thev
i could find footing, says Mr. Rjili. lis would
JAPAN PROTESTS
AUALNST ACTION
First Official Objection to Proposed,
Legislation in California in ;
Form of Letter.
COMES FROM CONSUL GENERAL
Nation's Deep Concern Not Realized"
in the State. 1
TRIED TO CULTIVATE GOOD WILL
Efforts to Prove Real Sincerity Have
Been Continuous.
A2E LEAVING PACIFIC COAST
Japanese Population Is Already !
creasing of (Inn Volition Pro
posed Una Offensive to
National Pride.
SACRAMENTO. Jan. 15 . Jspsn's first of
ficial protest aftalnat proposed anti-Japanese
legislation In this stnte comes in the
form of a letter from Consul Oenersl Mst
suzo Nagi at San Francisco to Senator T.o
roy Wright, chairman of the senate com
mittee on federal relations.
"I think the people of this state liHidly
realize the deep concern felt In Japan on
the subject, says the consul ponpral. "dis
crimination at thla time would be particu
larly surprising to the Japanese people In
lew of the efforts which have been made
during tho last two years to cultivate the
rood will of the American people and to
prove to them the sincerity of( Japan's
good will."
The leter contains features supporting
Ihe consul's contention that the Japanese
population on the Pacific coast Is steadily
decreasing.
Object to Discrimination.
"Our objection to the bills introduced,
are based on their dlcrlmlnation." says
Consul Nagal. "They could I not be ex
plained to the Japanese people as being
otherwise than offensive to national pride."
The letter concludes with a . reference to
pending negotiations for the revision of
treaties between the I'nited States and
Japan.
"I feel constrained," says the Consul, "to
express the fear that such negotiations may
be unfavorably affected by the passage
of measures by the California legislature
which are of a discriminating character."
The Japanese Issue Is believed to be re
sponsible for a change made yesterday In
the personnel of the senate committee on
federal relations.
Among the anti-Japanese hills already
before the legislature Is one providing
against the holdln not land In California
"by aliens not eligible to be cltlsens of the
I'nited States." It Is learned also that a
bill for the segregation of Japanexe school
pupils Is to be Introduced. It waa a meas
ure of this character fhat occasioned an
International contraversy-1n 11 I'pon the
solicitation of President Roosevelt the state
legislature at that time dropped the pro
posals. Urbandale Car is
Again Attacked
Coal Miners Throw Rocks Through
Windows of Car on Line Giving
Unsatisfactory Service.
DBS MOINES. la., -Jan. Urbandale
e'er No. 31. which was stripped of Its fur
niture yesterday by Indignant citizens, was
repaired and put :n service today, only to
he again attacked. A crowd of coal min
ers threw bricks and rocks through the
windows, but the tnotorman speeded away
before serious damage was done.
PEARY'S REPORT APPROVED
BY THE SUB-COMMITTEE
Arctic F.snlorer Mar lie Retired
with the Rank of Rear
Admiral.
WASHINGTON, Jan. I2.-The report of
Captain Robert E. Peary, arctic explorer,
today was formally approved by a sub
committee of the house committee on naval
affairs. The subcommittee at an executive
meeting from which the two principal opr
ponents of Captsln Peary, Messrs. Roberts
and Macon, were absent, adopted a favor
able report to the full committee on the
Rates bill, which extends the thanks ot
congress to Peary and retires him with the
rank of a rear admiral In the engineer
corps of the navy.
Captain Peary now Is 53 years old and
the action. If approved by the full com
mittee and agreed to by the senate, will
place him Immediately on the retired list
with about the same pay Jti.Oou -as he Is
receiving as captain on the active list. The
report probably will arouse a lively discus
sion when It reaches the house.
NcoME TAX IN MISSOURI
tioveranr II ad ley AsUa I.earlalatara to
Ratify Proposed Amendment
tn C'mislltatlitn.
JEFTKr.HON CITY. Mo.. Jan. 12 -Governor
Hadley submitted to the legislature a
resolution for the ratification of tho income
The goverunor supported
1"" proposition. A bill providing for the
i . . , , . , m ... .
, roounsuon anu ,..... o. .a....i..a. .or
, t nited State, .rnutor by direct vote of
the people waa Introduced in the senate of
the general assembly.
not have been standing by the diiiKed old
rope.
"If jou lad not followed my adtice
and worn that muffler." ays Mrs. Huth.
"you might now be wearing a 'natural'
express Ion.
.Mr. Ruth was In the air for several sec
onds. His feet swung clear of the floor and
his f lends wondered whether he was sud
denly ascending. Mr. ICuth was wondering
too.
Feveral morals apiend.
Secure a thoughtful wife If not already
provided.
Imn't stand near tha troaley rope if you
can help 1U
After Two Weeks
From the Chicago- Evening Post.
EXPLOSION DESTROYS STORE :
Number of Persons Buried in Ruins of
Building at Connellsville, Pa.
FOUR ARE SERIOUSLY INJURED
Bodies ot N amber of Customers May j
Be Rarled tariv tae Dehrle j
Dates Are l.eaa erl-
aaly Paraed.
COSXKMJtVitA.V.. I.. Jsn. 13.-VC-Crory"
R and 10-eeht stre. North Pitts
burg and Apple streets, burst Into flames
at 10 o'clock today, when a gas explosion
wrecked the building. The fire which fol
lowed communicated to ndjoinlng struc
tures. Three young woman clerks are missing,
two clerks and the ajtslntant manager and
a carpenter are In the hospital dangeiv
ously burned, while a dozen or more other
employes are In their homes suffering
from Injuries more or less serious. Hy
noon the flames were under control and
the property loss has been placed at $75,900.
Dead Undetermined.
' It cannot be determined whether the list
of missing will be Increased until the
debris from the collapsed walls, has been
gone over. There were customers In the
store when the explosion occurred, but the
exact number Is not known, nor have their
names been learned.
The known missing are:
CHR.1STOHA1, SMITH, aged 17, clerk.
NEI.1,1F. MITCH KM,, aged 10. clerk.
MARY WAUNER. aged 17. clerk.
There were about twenty customers in
the store when the accumulated gas let go.
The front wall was thrown Into the street
snd In falling carried with It a large num
ber of electric wires.
Ada Mitchell, a piano player employed In
the store, complained to Manager Poff of
the strong odor of gas and ho went to In
vestigate, nefore his return the explosion
had occurred.
Miss Mitchell, who was sitting by the
piano, was hurled with the Instrument
from the bark of the building through Its
entire length and into Apple street.
Fire appeared to start in all parts of
the building and within a few minutes
other walls began to fall. Merchandise
was scatttered upon the floors, many clerks
bflng caught under the wreckage.
Two Ei plosions.
Iater It developed that there had been
two explosions one in the Citizen's Na
tional bank, the front of which was blown
out.
The cause of the disaster lies In the
removal of a meter. It Is stated, according
to Manager Poff; workmen neglected to
make the proper connections. Gas escaping
from the pipes filled the store and prob
ably the bank bulldlnR. This waa ignited
in some manner and the explosion followed.
FIRST FREAK BILL IN KANSAS
Meade Coanty Nil Woald Prohibit
Wearing of Tights by Women
mi the tair,
TOPEKA. Kan., Jan. ll.-The first freak
bill made its appearance in the house of
representatives today. It Is a bill by
Representative George Cones of Meade
county to prohibit the wearing of tights
on the stage or in public by any woman.
It provides that the skirls of all women
who appear in puhllc must be not less
than four Inches below the knee.
Does your room
suit you?
In th list of rooms for rent,
in today's Bee, you will find many
desirable roonia not found in any
other jajier.
In event you should not find the.
one you are looking for, call Tyler
lOuu and tell the want ad taker
Just what you wish.
An ad will be prepared fur you
that will bring results.
Quick results.
Don't wait.
Overcoming the Smoke Habit,
of Abstinence Anything that Seems Like Jt is Good.
Twenty Men Killed
in Battle Opposite
Comstock, Texas
Sharp Fight Between Small P-ty of
Insurrectos and About Tv.c Hun
dred Mexican Troops.
COMSTOCK. Tex.. Jar). 12.-TMore than
twenty men were killed id a deeperate bat
tle tetwen . the Mexican federal ' soldiers
and a small party of insurrectos on the
bank of the Hio Grande opposite this point
yesterday.
The Insurrectos had only eighteen men
and for three hours held at bay about
seventy-five rurales and about 100 Infantry
snldlers. When darkness ended the battle
the Insurrectos held the field and the
federal troops had withdrawn a couple of
miles and camped. The Insurrectos left a
couple of hours later for their mountain
headquarters, fifty miles away, carrying
their wounded with them.
Of the eighteen Insurrectos two were
killed and seven wounded. R. S. O'Reilly,
a correspondent with the Insurrectos, re
ceived a slight wound.
Twice the rurales charged the insurgent
ixisltlnn. once coming within fifty yards,
hut each time they were repulsed. Tho cor
respondent counted eighteen soldiers that
were carried from the field during the
battle.
Gigantic Smuggling
Scandal in Nicaragua
Number of Prominent Residents of
New Orleans Said to Be Involved
in Conspiracy.
NEW ORLEANS, Jan. 12.-With the news
of the removal of Governor Fernandez of
the Nlcaraguan province of Zelaya for
alleged complicity In a gigantic smuggling
conspiracy.' Involving New Orleans and
other ports on the gulf, comes an official
statement from Blueflelds, Nicaragua, to
local exporting houses saying that a gen
eral shakeup of the Ulueflelda customs of
fice has taken place.
The discovery of the plot, made by
agents of the lilueftelds Steamship com
pany, dlsclofced the fact that the Nlcara
guan government ha been defrauded out
of thousands of dollars duty on merchan
dise shipped In trunks by Nlcaraguans
residing In New Orleans and other gulf
ports and listed as personal baggage.
The removal of Governor Fernandez
caused a sensation both at Hluefields and
i New Orleans. A number of warrants have
been made out for the arrest of prominent
Nlcaraguans residing In this city to be
I served If they ever return to their native
I country.
Nurse Testifies About the
IVfovements of Mrs. Schenk
WHEELING, W. Va., Jan. 12. -Jubilant
at what they termed 'scoring heavily"
I yesterday, the attorneys for Mrs. Iaura
r'arnaworth Schenk, who Is on trial for Ui
! aileged poisoning of her husband, John O.
! Schenk, appeared in court today smiling
and with renewed confluence in their suc
i ess in securing an acquittal ot their
client.
Attorney J J. P. O' Helen of Mrs.
S' bank a counsel, who jestcrday i-roas-ex-umined
Frank I-enioyna Hupp, who
lias ueen termed the star wltnens for tiie
state, displayed a knowledge of inedlcul
iurispruiieni e and of toxicology li.ot mi -prised
the prosecuting attorney, and hla
ijucstinna at times aomewhat confaHcd the
n lt.n-m.
fcorne c hanges In the plans of the prose
cution were made Jubi before tliu open
ing of court today, and Mies Alms J.
I Evans, a nuise at the Si l.etik home during
! Si hrnk's illness, was the first witness
' . ailed.
INI ma Etans testified thai on October L')
ust Mrs Si henk lonauitrd two fuitune
lelieta and told tu nu,io that both had
i
COAL MEN HAYE GRIEVANCE
Say Roads Charge for More Fuel
Than Delivered.
ASK CHANGE IN WEIGHING
Order of hn-Kiml Appoints C'nm-
mlttee and "aa Prices Mill
t ome Dnera If Desired Re.
dreas is Granted.
The Omaha Rreaker Ko-Koal has' taken
a step which members hope will materially
lower the. price of Soft coal. A committee
has been appointed to Interview the rail
roadH. which ship coal here. This commit
tee will ask the roads to discontinue the
practice of charging retailers on "mine
weights," and that Instead receivers of
coal be charged according to "destination
Weights."
It la the practice of railroads which ship
coal to accept the weights turned In by
mine-operators, sometimes the railroad It
self or an equivalent company, and these
mine weights arc often, say the retailers,
fur In excess of the amount of coal de
livered to the retailer destination.
"it is also 'true." said A. I.. HnvenM,
niodoc of the Omaha breaker, 'that mine
weights are affixed to consignments of
coal, which nre Rreater than the capa -lty
of the car or cars. It Is often simply a
physical Impossibility to load ns much coal
into the given space as the weights call
for. The result Is that cosl dealers of
Omaha have been forced to charge the con
sumer proportionately, for with shipments
of 62.000 tons and charges both for- coal
and for freight for C.000 tons the coal denier
has nothing else to do except raise the
price to the Individual purchaser."
Mr. Havens and other coal men de'-lare
that cases like the one he Instances are by
no means exceptional, that it Is the prac
tice rather than the exception. Redress Is
difficult In specific cases.
Add to this shortages due to pllferuge
en route and the retail coal man's plight
seems to be no happy one nor the con
sumers. "Take the ordinary grade of
Illinois coal." says Mr Havens, "which Is
largely used In Omaha. I am ready to
assert that If destination weights are sub
stituted for mine weights the price per ton
to the consumer here will be lowered 30
cents."
Mr. Havens as modoc has appointed on
the committee to wait on the roal shipping
railroads these five men: A. B. Cook.
John Power, E. E. Howell, Randall Hrown
and J. C. Weeth.
While the coal dealers feel they have a
considerable grievance, but they are not
purposing, to adopt belligerent tactics.
"We believe," said Mr. Havens, "that the
railroads are conducted by honest-lnten-'
tioned, fair-minded men who will gi ant
us redress for a real abuse."
told her 8chenk could not live until Christ
mas. She said Mrs. Schenk did little to
aid her husband, going out in the evening,
and once she was out ail night.
The witness declared t hut Mrs. Kihenk
opened Hie water bottles, "so the ti,use
would not hurt her flngeis," und Pdirnk
complained that the water bud on iin
iia.ial taste. It luudx him vomit and when
tne wltners drank a k'iuas to see If It was
all lit; lit she, too, became ill.
Mrs. Schenk, the witness continued, said
the removal of Schelilt tu tlu hospital waa
a scheme of the M lienks to (let John out
uf her hands.
"If John dies, you go into his pautu
pockets and get hla keys and call me.'
witness declared Mrs. Schenk instructed
her. "Albeit bi henk will be there before I
Set across the bridge.''
W itness said Mrs Schenk cautioned her
to tak Johns Keys which, unlocked a
safety deposit box. Mrs. tvlienk had
called John s family "luti ii devils" on
several ovt aaluiia. "John Is too old for
in.' Mis. S. henk had said: "1 want to
Set ill b relet y allJ ha is all for business "
GROSSMAN SHIES
AT APPOINTMENT
Douglas County Member Enraged at
Suggestion He Take Committee
on Corporations.
MAKES BIG STIR IN REFUSAL
Hurls Accusation of Inclination in
Teeth of the Makers.
JASPER M'BRLEN INVESTIGATION
Prince of Hall Introduces Resolution
to Carry This Out.
OMAHA CHARTER PRESENTED
Host af Measures uf All Kinds Are
Introduced nraber of t hanaea
lu Senate Committees o
rnatasre for Moose.
(From a Staff Correspondent.)
LINCOLN. Jan. 12. -(Special. )-Vluorously
denouncing the Insinuations thst hnve been
made against I'oiiglns county members f in
corporation leanings, 3. H. Grossman, ap
pointed by the committee ns ,ihslrman of
the miscellaneous corporations committee,
refused to take the plncc. Ilia objection
was the only Incident that marked Ihe
presentation of the report of the commit tea
on committees bv liulla of luslas and
without another elsn of revolt the report
was accepted by acclamation.
Holla's resolution was in the form of a
motion to have the speaker appoint the
committees as named. The dry democrata
end their allies, the dry republicans; the
wet democrats, who were inclined to com
plain at some of the ruling of the slate; the
wet republicans, who have been shut out
like pariahs with every man's hand agalntt
thrm. and all the other factions that havo
been promising a glorious and blood-thirsty
ruction over the slate of the committee on
committees were ell docile nnd quiet, the
compromises of the last minute having set
tled their troubles and claimed their fears.
Grossman Won't Have It. '
Hut not so with Grossman. "I w-as not
consulted when I was given that place,"
said lie on the floor of the house, "and I
told the speaker before It was offered to
me that I would not take It. In view of
I the fact that it has been said that Douglas
! county has wanted everything I refuse to
take this chairmanship- I repudiate the
charge of wanting everything as far as I
myself am concerned.
"I refuse the place because of tho in
sinuations that havo ben made about cor
porations. 1 want to hurl the accusation
Into the teeth of any man who says that I
sm In the control ot any corporsllon. I
request the speaker to give this place to
some other memher."
On request of Member Gerdes, Grossman
made his protest In wrltlnic for the record.
Shoemaker of IHjuglas waa suKk''tcd by
one; of the dry members" tt '1 lie commit tea
to take Grossman's place and, he may , he
offered It - ''' '
Another hiember ot the committee re
marked that the people who did the choos
ing could hardly havo been guilty of con
sidering Grossman a corporation man or
they never would have given It to him.
Mrllrles Will Ua lav estiva led.
W. A. Prince of Hall oounty Introduced
a resolution to have the accounts of the
university extension work Investigated by
a committee. Prince phrased his resolu
tion to indicate that It was a move friendly
to Jasper L. McBrlen. director of the uni
versity extension work, and stated thai as
there had been uccunatlons of graft nnd
irregularity something ought tu be djnc to
dear the director and clear the stamlln r o.
the office. Mookett of Lancaster tried tJ
get the measure tabled in order that mem
bers might have a chance to consider II
thoroughly, but ho was not supported, and
the resolution carried without opposition
Oimiha Charter t H to llonae.
The charter for Omaha, which was
brought down yesterday by the committee
consisting of Mayor iah!inan, City Attor
ney Klne and Councilman Herka, was pre
sented In the house this morning by Morl-
jarty of Douglas, chairman of the committee
on cities and towtu. City Attorney Rlne
was with hi in on tho floor when It waa
brought up. .Senator Jiurton, chairman of
! the similar committee In tha senate, agreed
to Introduce the measure there.
A South Omaha colored man, Motts
Tyrcli. Is being looked for on the accusa
tion of having beaten an unsophisticated
! applicant for it Jaultorsliip out of S4. Tyrell
! is said to have offered to get him a Job
; at that price and to have disappeared with
i the money. Tyrell' power of dispensing
I Jobs was lather questionable, considering
j the fact that he had been try ing to get one
j for himself for a week und had been unable
l to land.
"1 have nothing to say concerning Mr.
; Dan Uutlcr's remarks on primary frauds In
Omaha." said Governor Aldrlch tills morn
ing. "I have made up my mind not to
answer any such challenges,"
Morning session of Honae.
1 The pulsing of fifty bllla to their second
j reading, the Introduction of seventeen new
j measures und the report of the commlttet
I on committees was the Work of this morn
i Ing a eslon of the house. The Influx of
prospective luws Included several measure
I of more than ordinary Interest. Anncss.
j of Otoe introduced a Ineumite providing tor
i the erection of an armory and memorial
! building ul Nebiuska City on what Is
known as the old Fort Kearney site. II.
it. 61, by Lawrence of oDdgc. Is a meas
ure requiring public Service corporations
to Issue "service letteis" to resigning oi
discharged employes, i.nd provides a pen
alty fur dlsoiiedleiicu thereof. Another lu
umie tux umcndmenl ratification was In
ll oil in ed in II 1'.. No. i., by Doliial ot
Saunders. The fust bill specifically regu
lating the iiif and operation of automo
biles and other iiiotui chicles was intro-
jduted by liu-tet of iluffalo In II. It. No. ub.
jMcAidlc of ol'uglas hIo has an autoniu
i, nc measure In bis arpet bag.
No I'lialatr Hlaiups.
Tim hou.se va called to order shoill
after 10 o i ln' k by Speaker Kuhl. Follow
l!i' the usual opening pi occ-edlng a l eao.
luilon piovldtn it for the allotment of prn-t-age
stamp to the house members and the
chief c lei k, se nt up by llospodsky of Sa
line, was read Gcides of Itli liardvm de
clared that llu .c v.a po c onnlltullonal
provision whereby the members could vote
stamps fur thc.'naclves, slid consequently
j moved that the lesniution be tabled. Th
ierde s motion t a, Tied.
Fuller of Senaid offered a I f so!lll.,'
jwlu-ieiii a ( a; I i liaut, jui I ba k of the
I speakers d' --k wua request from the sec-