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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 10, 1911)
HPt Tin Ok TV ,1 1 TT ti IPh A TT "OtTTV
For Nrhrssks. Fair ard colder.
For lo Fair and colder.
For weatt.rr report s-e ;ne .".
CUR MAGAZINE FEATURES
Wit. kiioi. (inl.a sad nal
flrllrr the le. mt lrUl
Beat. lastraetiM. meeaewt.
ARMY GATHERING 1 "jHARIUMAX RAIL
Damaged Goods Returned
HOUSE ON RECORD
FOR YAJUIS BILL
Lower Body Paises Much-Discussed
IN FULL HEADWAY;
KINGS IN OMAHA
Prtiider.t Anarances to X V de
la Barra ConcerniBjj Mo W
of Troopi Satisfactor.
DISCESSIOXS WITH 0THIR Ft t
President B. S.' Lorett and Three
Other Directors of Union Pacific
Visit Shops fiere.
Measure with Severe Provisions
WILL PASS AS RECOMMENDED
HAKE COMPLETE TOUR OF SYSTEM
Officials Express High Pleasure Over
Effort to Make More Stringent Gains
"Representations" Hade a
Condition in Mexico.
UNION LABEL BILL IS KILLED
MI2ICA1 SUrPXTES IXTENSI
j Senators on Final Vote Do Not Want
I it to Pass.
Hoipital Preparation Add to Signifi
cance of Korement.
VOL Zno. -JJ7. UMA1IA, KM DAY MOKXIXU. MAK II 10. lHll-TWr.LVK PACiKS. SINT.LE COPY TWO CENTS.
text of militia LTTITATIOS
Pmr Traasertallen mt latloaal
Gear Offlrere Will He Defrayed
hy Hfiilir raar Dlstrla
TTAPTTTNGTN. Ms.rrh The scene of
activity in connection with the movement
r,f trCrS to WM'fJI! hirdr bis s'iftcd
lin tin the line which hv w i'l occupy
snd official Washington I as become mwli
a pisoe for the reeeipt of reports showing
the progress of the unit toward thir
..lures of rendezvous.
r-cfore lesving f T Atlanta thl affrn-v
Pre-idnt Taft had a prutracled ror.fcrenc
viib nnr ce la iarra tin- an.un em-(
hs.ss.idor. and afsurred him that the Mxi-J
csn yiTTmnt nad peile need have no ;
concern a to the intention of the 1'nlted !
Mates in this military demonstrat ion. no
matter what gossip there mlsht be to the
contrary. The anibasnadm- said he was
nKr tn aaiiefied ith tbe president's'
It waa learned from official s-jurces that
there haa been more or less d.scjsiiion be
ta ecu the State department and i-etresent-ativea
of sev.ral European natlona a to
Internal conditions In Mexico, but It waa
m d that this riscnwion had at no time
taken on the proportions of what the dip
lomatists ca.ll "repreaentations."
Telea-raata af laTltatloa..
Th War department tonlnht made public
the text of the te'erram which u sent
tay to the adjutants general of the aev- i
eraj satea. 'Inviting a 'limited number" of
militia offk-era to avail themselvea of the
opiortunlty afforded by the maneuvers f or
ohKerratlon and technical stud.
Tha dittch sent by Genera Robert
K. Evens, acting chief of the bureau of
mi:itla afalra of the W ar department, waa
'The adjutant general of all states and
territories and the LHutrlct of Columbia:
"In connection with the mobilisation of
federal troops for maneuver purposes 1
am instructed by the secretary of war to
inform you that the department desires to
stand to a lftnlted number of officers of
the organised militia aa opjxirt unity to
attend these maneuvers for purposes of
observation and instruction.
"WHb this end In riew. It Is requested
that yo furrlfH tnia affice. at the' earliest
practicable date, a llat of mimes and offi- j
rera, Una or ataft of the organised militia
of Jour state whom you recommend for
such duty, giving the name of each officer.
Ma rank and arm of service, and tbe prob
able time that ha will be able to report
and to remain at the encampment.
The department will consider this serv
ice as failing within the provision of sec
tion li of the militia law. and, therefore,
the pay and transportation of such officers
will be defrayed by regular army disbursing
officers from the special annual appropria
tion for joint maneuvera.
"It la required that in presenting the
names of these officers you will aexom
pany the request with an estimate of their
pay and trant-portatlun to the nearest
maneuver tamp. Inasmuch as the accom
modations are limited. It will probably be
necessary K make selections from the lists
presented. Information aa to the officers
selected by the department for this service
and tha places to which they will report
will be furnished later, after the lists have
been received and acted upon."
Extensive Medical Trat lalaaa.
The cxtrDKiv erirsa of the medical accom
Inlmeou to the army and wavy In ,he
movement southward adds to the signifi
cance af the op. rations. The hospital ahip.
c. equipped aa a floating infirmarvi
participate in the maneuvers. It will'
lea re Ouantanamo in a day or two for New
Toik or Norfolk with eighty sick Trom the
battle ahip fieet now in Cuban waters And
then will be fitted out aa a medical supply
ship. In addition to its use as a hospital
vessel and aent to Join the vessels of Ad
miral Staunton a division of the Atlantic
fleet, ordered to Cuantanamo.
The medical ataff of the Prairie
llxle. the vessels, which have been selected
to carry the large force of marines to
Ounntanaroo haa been Increased to meet
ths needs of the Increased personnel of
tha ships. On the Pacific side of the coun
try ths Buffalo is receiving the marines,
who are being collected from the barracks
along that shore for transportation to an
ttege and furseon General Stokes has
taken similar precautions for medical as
Blataaee io the marines on thst vessel.
Admiral Stokea is accepting this oppor
tunity. It is said, to prove the efficiency
f hie machinery to carry out any short
notice or emergency orders that may be
laaued by the secietary of the navy.
Kx tensive prri.aauoiis are being made
- --l-tTi... ,;n.i. CMTary li;r
army to take care from a medical stand
point for any U-nsih of unit the i.uo sol
diers bing rushed to the frontier
Heaar- saraly Keaay.
"A reserve medical supply." which con
tains medical supplies for 0w troops for
threa months, will be hpied from St.
IxUiS for San Antonio tomorrow. Two
base hosp.'tal. nhu-h are the largest usc-i
by an army in the field, are bc-mg askera
Med at t !.ouis. from which point ihey
tAn be dispatched southward on tcle
grf hir notic e.
In addition to four field hos;ita.s and
focjr aintjiiiance compauu-a the sarittni
gearral is rushing to San Antonio fourteen
regimental hospitals and three evacuation
hosi4tls. Adequate medical and hospital
faculties are a0 bring made for the
troops which will be a'ationed at n
Iheco, t'al.. and Galveston. Tex.
Vpon th eifsuasce of the rod en to the
troopo to move Ccmralaeary General Sharpe
of ti e army iced the necessary advice
te the chief CtminuAr.-a and purchasing
roit-miutartre In trie field to provide for
the feed ng of the troops, and. arcoiding
tS adders reonvtd st the War drrtment
ronifoc tak le arrangements have been made
for the Kjidieis in this respect A divi
sional fieid bakery, indvjd.ng a large num
be of bakers and fifteen ovist Las ben
ordered te Swn Anioiao. which is more
li4an SioHe to bake bread for MM troops.
WIMiAM R KELLT.
Died at lila lime In ! Angele Thura
President Diaz is
Without Foundation ! hk;- mThh' z prt'y ?r
. tbe land where the big 17a,i0.0(i0 appropria
I tmn is to be apent In the next five years.
Associated PreSS Eeporter Talks with I
Executive and Says He is Appar
ently in Good Health.
XETVV TORK. March .-In view of re-1
ncwed reports concernirg President Dial i
it cati be stated (hat a dispatch from the !
Associated Tress correspondent at Mexico
Citv received last niht said that he per-
s-mally hsd seen the president the previous
nigh I when he was In apparent good health.
nther dispatch received from Mexico
Clt) last niht referred to President Lia
receiving Admiral Lajarte at 5 p. m. and i
later conferring at his town mansion with
ibe governor of Guar-a-Juato.
ad ice have been received.
Attorney for Night
Eiders Leader in
One of the Raids
Testimony of Man Who Confessed
Causes Sensation in Court at
HOPKINSVILLE. Ky, March -Stanford
liaJt. the . aeoaad -tike - fuhI aa il
trM f mnl .jgod t have txn leaders
In the raid on this city in 17. testified
today that he knew lr. David A, Amos,
defendant In ths current case, to hare
been "ieneral" of the night rider clan.
Arthur Cooper testified that he was n-
l ployed by Dr. Amos end Guy Dunning to
organize nipht rider lodges.
lie testified that he was In the Hopkins
ville raid and waa near Amos when the
"general" was wounded.
Cooper caused a sensation when he made
the statement thst John Kelly, one of the
attorneys for . the defense, led the Cadis
squad to Gracey the ciht of the Hupkins
Murder and Suicide
in New York Hotel
Bodies of William Hall and Wife of
Chicago Found in Private Dining
Room Affair it Mystery.
NEW YORK. March -Three revolver
shots were heard in a private dining room
in a small uptown hotel early last evening
and when employes hurried In they found
William Hall, a railroad o'fice clerk, who
had come from Cf.lcago TTednesday, dead,
and his wife. Beiia. fatally wounded!
Mrs. Hall died a few moments later. Her
fur coat had been set afire, so close had
the weapon been placed to her breast.
A revolver was found beslt'e Hall's body
, ... , .. .,. . .
Hlev. he had .hot
auicide. The later
This led the police to be;
tils wife and committed
discovery' of a Ooaen rartiidgea in the
woman a atocklrur developed a mystery.
I and the poltce are certain only that no
third party was roncerned.
Mrs. Sarah Sob war It, the girls mother,
could throw little light on the ease. She
only knew, she said, that Hall had come
from Chicago ear'.ier in the day. had called
on his wife at the Sckwarts home and
they went out tor a walk about dusk.
VOTE TRAFFIC IN KENTUCKY
Mare Taaa lite H aad red Iwdirl
saeats "Mill Be Retaraed la
LEXINGTON. Ky.. March a William M
I May, rommoawealih a attorney for the
1 Th rty-first Judir;al district announced at
! Prestooburg Ky.. today that he exiected
t-t.e.i " and indirtnieni s to be le- ,
turned by the grand Jury of F.oyd county, i
whici Is Investigating an a:ged traffic .
in votes there. I
.... . ,,. .... i.,il
.. . ..
to Knox and Msroffin counuea in the
same Judicial district.
Government Will Spend $300
to Collect $3 from Railroads
WASHINGTON. March . Demanding
reparation from several railroads, aggre
gating Si 15. the I'mted States of America
by the I-epartmeat of Justice today in
stituted before the Interstate tommrc
commission a complaint against the Penn-
! sylvama railroad, the Southern ratiwa
the Norfolk & Western railway and the
I'Mladriphia. Ba timore
Wl.i.e the amount is huinificant. it la
estimated that ti.e rewt of collecting It
from the reads through the proceeding tn-
stituted will be at least one hundred times
the sum den.ajided
The petition of the I'mted States alleges
that H was overcharged 1 St on the fare
of one emplos from Brook 1 a. N. Y.. to
LIKE NEW BUTLDDTG 15 OMAHA
Lovett Explains Big Purpose of
INSPECT DG IMPROVZMENT WORK
Offlrlal mym Mmmt of Rm4'i Great
Gn lata Ooahle Trarklag
o Mare far laiirate
meats la Vrtraaka.
rresident R. S. Ixtvett. accompanied hy
Jiillur Kruttw hnitt. dlrwtor of operation
; and jnaintenam e; J C. PtuH. "rtnr of
i traffic. nd Robert Gollett. one of the di
! rector and u kholdera of the Darrtman
J linn, arrived In Omaha Tuesday after
noon, remaining for a short time while
they made an Inspection trip to the new
! I'nicn raHfic headquarter and the Union
I r.tPtfV fihopa
rraident Liovett and his officials have
' been making a complete tour of the Harri-
' mkn i .tm miiiI lei T iiAB.I '-i nlffht f nr
and for other business reasons, such aa the
extent f the increase of the population
along the various parts of the system and
the advisability of any improvements.
"I was greatly pleased with the appear-
f h he-dauarters buUdinr and
with the shop improvements. We are
spending lots of money here, in Omaha, but
think that It Is worth it In the end." said
Mr. Irett. upon hU return from his visit
to the two places
In resrard to whether Nebraska would re
ceive any of the money to be spent Mr.
I.vett declared not. "Nebraska has al-
had her share of that money. Ths
lines of the Vnlon Pacific are practically
complete In this state, and there will not
be much money spent here Dext year nor
in the immediate future.
The bulk of the work to be done will be
in the double tracking of our main line.
We do not Intend building many stations;
they are merely placea where people get
on and off the trains, and when a station
is able to accommodate the crowds there
is no necessity for larger bulldihga.
Daabtfal aa ?( art h west Plana.
Mr. 1-ovett was somewhat doubtful as to
Just what the Harriman lines would do
in the way of Improving and developing
the trig territory of the northwest.
The northwest Is a rr-at country and It
will depend largely oi. what amount of
emigration goes into that lavnd, and .what
the pnwspects me tor it In the future's
h what large Improvements in the shape
of new railroads will be put in there In
the near future."
The railroad president arrived on a spe
cial train. He was escorted from Ogden
by General Manager A. L. Mohler of the
Tnlon Pacific. It- W. Baxter, general sup
erintendent of the Illinois Centrsl, accom
panied him to Chicago. This was the clos
ing point of his trip over the Harriman
system and be pronounced himself pleased,
and stated for the other officials, that all
were highly satisfied with tbe condition
of the lines.
During the course of the Interview the
question of whether the new rste laws
would . allow the I'nlon Pacific to make
money necessary to support the road, pay
for the Improvements and enlargement
to be made, and pay a dividend, was asked.
In reply Mr. Lovett stuck to the same
answer he had given the Interstate Com
merce commission, that the lines would be
sble to make money, but not a fair divi
dend on the stockholders investments.
CHINA'S ANSWER TO RUSSIA
isaeat Glvee Asanraaters
Will Abide hy
today handed to M
f The foreign board
Korostovltch. the Run-
s an minister. China's reply to the Russian
request for more explicit statement on
several disputed point, than was contained
i tn original answer to tne demand lor
. c oier -dherence to the provision, of th,
ffUng Mongolia and Chinese
It la stated that the present not gives
assurance that the Chinese government
purposes to abide by the treaty of UsX
BIG EXPLOSION IN CHICAGO
Ballalaa nt Weil Madtsew aad r.lsa
Streets -Shattered, shark Re
CHICAGO. March t Two heavy vibra
tions at t li o'clock tonight that shook
buildings and shattered windows through
out Chicago caused a general belief that
an earthquake had been felt. It was
learned that a building at West Madison
and Vnion streets had
a heavy explosion.
been shattred bv
pr.STON. Marc h f -WHli.m J. Br, an
turned here today after a visit to proM-
dnce and addressed the two brsnct es
of thv legislature. Previous to his appear-
a oct at ti e suaie house he lunched wilh
Governor Foss and nearly a hundred of
the democratic leaders in this state Mr. 1
Brvan invited to Harvard university
1 later in the day. . I
Morrlstown. Tenn . that an overcharge of
ft renta was made on the transportation
of one psckarnger from New York City to
Knoxville. Tenn.. and mat an overcharge
was made on each of two passengers from
Philadelphia, Pa,, to Chattanooga, Tenn..
of SO cents. Tbe total overc harge was S3 li.
Experts of the commission estimate that
the valj of the time of the attorney who
drew tbe petition and the clerk who tran
scribed It waa worth, commercia.ly. lia.
Ths labor of the rommlaaion and that of
the counsel for the railroads on the case.
I u get her with the correspondence incidental
to aa adjustment ci the case mill
gregsie several hundreds of dollars.
But In the end the government will
vMyed M , W v :V .k.S
From the Indianapolis Newa.
JUDGE W. R. KELLY IS DEAD,
Former General Solicitor of Union Pa
cific Succumbs in California,
IN FAILING HEALTH FOR YEARS
Head af Leva I Denarttaewt Here far ;
Dees4e, Oar A Horary af Ma- j
r.l Vetera, af "ena.. . j
March ta the Sew.
Judge William R. Kelly, former general
solicitor of the fnion Pacific system, died
eany l nursday morning at Bib noma in i
Angelen. He hsd been to 111 health for
several years. Hia daughter, Mrs. rvay- I
mond Welsh of Omaha, was st the bed- I
side when the end came. He was years !
Information of the death of Judge Kelly
was received at Union Pacific headquarters
here by William Whittaker of the l-ai
department Thursday morning. Arrange
ments for the funeral have not been an
Judge Kelly enteurd the employ of the
I'nlon Pacific in !. at Lincoln as coun
sel for the road In ail cases which came up
south of the Platte river. In U be was
mads assistant general solicitor with of
fices t Omaha and In M he succeeded
to tha position of g-nsrsl solicitor- He M
In the service of thf.irrpn-y through the
most strenuous days Of its financial history '
snd ths receivership. He resigned because QneitioQ 0f floor Leadership Will
of failing heslth January 1 l. He was . 4,
succeeded by the late John n. Baldwin.; Be Determined at that
whoso place was taken In turn by N- H Date.
Loomla. ths present incumbent. j
At his death Judge Kelly held ths posi- J WASHINGTON, March .-The repub
tion af general solicitor for the BaH Lake ; can lnMp ot the npw n,,ue will
and San Pedro road.
Judge Kelly was bom in Lk-king county.
Ohio, in IMS. When but IS years of age he
enlisted in March. 184. as s private in
Company E. Twentieth Illinois Infantry,
and was with Sherman in his march to
the sea and the campaigns through Caro
lina. After being discharged in July, 13.
ha studied law. and was admitted to prac
tice in Illinois in IS.. In ItCO he removed to
Holt county, Missouri, where he lived
about a year, and then returned to Illi
nois In 1K79 he removed to Lincoln.
Neb. which was hla home until lsw. nni j ie.aer. m i . inunn win emnuBiHsiicsny sup.
he removed to Omaha. Mr. Kelly was I port him for that post; but whether Mr.
elected state's attorney in De Witt county. Cannon is disposed to run for the leader
Illinois tn If:, snd served until April, 1S7S. i siip Is a subject which neither he nor his
when he resigned; and In 10-1SS1 be served 1 closest friends are inclined to discuss
as city attorney of Lincoln. With these I AMERICUS. Gt, March 9 -Charles Crisp,
exceptions he held no public office, but , o" of former Speaker Crisp of the national
devoted himself assiduously to his profes- j house of representatives, today received a
Sketch of Hie Life.
William Riley Kelly wae born In Ptrry
county. Ohio. January 36. IMS moved to
CHntMi 111. when a ooy. ram. '"
Twentieth Illinois v omnceec -
' the age of 1 years snd served to the end
of the war. He was mustered out at
I Louisville, iv.. ".
hi. early training a. an attorney In the
off,ce of Hon. H. S. Greene of Clinton. Ill .
I was admitted to th- bar in lTft. married
at Macomb. 111., May S. lTJ to tifanor
Kermon, a native of Ohio. He moved to
Lincoln. Neb., in iro and was a member
of the law firm of Harwood. Ames A
Kelly for many years; moved to Omaha in
3 and for a few years had charge of the
law business of the t nion i-ac uc sunm j themselves as Italian noblemen were ar
ecmpany in the stats of Nebraska. He I rested today charged with having swindled
succeeded John M. Thurston as general so Tj,vin Hart, a young American, out of
llcltor of the Union Pacific system In Wfi. j sa.OOO. The prisoners gave the names of
On account of falling health, he resigned ( Borelli, CarmlnatU and Bordeni and are
his position with the fhion Pacific In l,,f" ; gjleged to be wanted, by the polks In
and moved to Los Angeles, where he had j Iuly
large property interests. After a year s According to the story told hy Hart he
test his health was so much improved that'mrt ,h. raErerfJ at hi. hote, ln the p,a
he sccepted the posit-on or general sik-m or
i of the San Pedro, Los Angeles Salt Lake
railroad ano neio mis i-...c.o i "'" -
of his death. Me is survivea n inn wee
snd daughter, the latter the wife of Mr.
i XUymond M Welch, pre. dent
i Omaha Cooperae companv.
, Mr Kelly's many friends In
I ne Uved , long and was so well
. " . . . . , ... . i
known, will learn of his death with keen
rrgret and sorrow, junge neny worKen
hard, lived honestly. Injured no one. He
was a good man. a strong and brave mar.
a'd a gentleman at all times. Those who
knew him best loved him most. In his life
here In Omaha he set a fine example ln
business and society.
Associate Justice Hng-hes Heads Com
mission Created by Congress to
Look Into Matter.
WASHINGTON. March S -Official an
nour.uir.rct was made at the White House
today that Associate Justice Hug ties of
the I'nited States supreme court has been
designated as head of the commission to
investigate second -cls postage rates,
especially Willi reference to magaxine.
Former Solicitor General Lawrence Mas
well of Cincinnati has been designated as
one of the members of ths oraonisel.n
Both Justice Hughes snd Mr. Maeil
tor avail aoorptrd ti,e places today.
Half Million Dollars
Paid for Wireless
Stock Not Delivered
Former Transfer Clerk of George H.
Monro on Trial for Misuse
NEW TORK. March Hundreds of
bookkeeplna entries were Inquired Into to
dsy at the tr'al of George H. Monroe, the
former Montrt-al man. aliased to have re
ceived something like from invest-
orB , rart, of tnf worid for wireless
tfIef:raph gic, which, it is alleged, was
Monroe. who Is on trial for alleeed mis- !
use of the malls in selling stock, repre
sented himself as American agent for the
Marconi Wireless Telefrraph companv of
England, accordine to testimony which has
bef-n given. Walter M. Wats n, Monroe's
former stock transfer clerk, today testified
that at no time did the Monroes have
more than l. shares of Enaiish Marconi,
though It Is a'lesed by government offi
cials that tbe firm received money for up
wards of M.XK shares.
to Caucus April 3
be determined at a caucus to be held In the
capltol rrobably on the afternoon of Mon-1
day, April I. the day preceding the con
vening of the extra session. The demo
cratic caucus will be held en the preceding
Saturday. Roth caucus's will be for the
main purpose of effecting the house or-
ganrzationa. Messrs. Cannon and Mann of
Illinois, the former the retiring si-eaker
and the latter his chief lieutenant In the
congress that has Just closed, are the two
dominating factors In the leadership plan.
If Mr. Cannon desirea to lie republican
! iiriam iiviti v iiiiii c lam, t ieser-lc-oe
i of the house, offering him the place of
i house parliamentarian and clerk to the
speaker. Mr. Cr sp immediately accepted
the appointment and was instructed to re
port in Washington March SI tor duty.
Fortune in Paris
Lierin Hart Says He Was Swindled
Out of (52.000 by Use of
j PARIS. March Three men describing
de L'Etoile and was introduced bv them
i at various gambling clubs. During the
!,si to these places
he saja that the
men by the use of marked cara and other
I devk-ea robbed him of his entire fortune.
Ten pairs of
are given away with this issue
of the Omaha Bee. See if your
name is in any of the Classified
ads appearing on those pages.
TODAY. Also five sacks of
You need not advertise to get theee gifts
the Bee Gift Editor attends to the prizes. Just
find your name and the gift rs yours-
JURY FINDS ERDMAN GUILTY
Verdict of Conviction in Second Trial
Reached in Few Minutes.
ENGLISH IN STRONG ARGUMENT
tawty Atterwey Makes Attack c
Theory of nefenae Case Goes to
Jary a 4 O'elark Praslty
Tkree ta Fifteen Tears.
The Jury In the second trial of Frank
Krdmaa returned a verdict of guilty late
yesterday afternoon, having been out only
about twenty-five minutes. The technical
charge upon which he was tried was ss-
u' ,n,M,t to murder, and the pen-
alty is from three to fifteen years.
The case was put In the hands of the
Jury at 4 o'clock in the afternoon after a
masterful speech of over three hours in
lenrth by County Attorney English.
The crime of which Frank Erdmen was
found guilty was placing an Infernal ma
chine upon the porch of the home of Tom
Dennioon st 1507 Ystes street on May
last. The infernal machine was s suite-use
filled with twenty-six sticks of dynamite
and a revolver attached to the porch by a
string through the bottom of the sultis.se
and so arranged that upon the suitcase
being lifted tbe gun would be discharged.
. . Story of t'rlsae.
The suitcase was found by Mr. Denni- I
son's daughter, who kicked It over and I
i. AIM - .. ...
to take up tbe slack In the string. When !
Mr. Dennlson himself came home he no
ticed the string attached to the suitcase
and called in ths police.
The defense waa conducted by Attorney
John O. Teiser, who argued that the whole
thing was a framed up affair and an at-
tempt to get rid of Erdman. Mr. Teiser
attempted to establish an alibi.
Mr. English in hla closing argument be
fore the Jury attacked the improbability
I of the theory put forward by the defense
I In a most scathing manner. The slate alo
had built up a strong case of circumstan
tial evidence, producing for the first time
in the last trial a witness who swore that
he had seen Erdman on the Dennison porch
the afternoon of the attempted crime.
A motion for a new trial will be filed by
Mr. Yeiser and three days sre allowed for
the filing and the argument before Judge
Estelle can pronounce sentence.
Defendants in Bath
Tub Trust Cases
Judg-e Dennison of Grand Rapids
Rules that Thirty-Four Individuals
Indicted Must Stand TriaL
DETROIT. March a Judge Denniaon of
Grand Raplda ln an opinion handed down
in the federal court here today overruled
the plea for immunity entered by the
thirty-four individuals defendants ln the
criminal ault of the government against
ths so-cailed "Buthtub" trust. The plea
of the defenae was based on answers
filed in the equity suit against them ln
Baltimore. No definite date has been set
for trial of the cases.
JAIL FOR OFFICER OF LINER
Wtlllaas Rlad af Steaxaer St. Paal a
Clean Oae Vrar for
NEW TORK, March William Rind,
the first officer of the American liner. St
Paul, who was convicted recently of smug
gling dismond rings Into this country, was
sentenced todsy to the penitentiary on
Black well's Island for one ) ear.
seats 20 in all
GOVERNOR WITHHOLDS APPROVAL
Technicality la ("aaneetloa nllk
Kmerceaer t Uiae May raaae oae
War la Prleads af laklllatlnns
tket Have Voaey la le".
From a Staff Torres tvindrnt
MVol.N March tSpeclal ) The
house stock ards Mil Introduced by Tay
lor of Hitchcock and Ioxal of Saunders,
was nrd-r-d for third readme tday and
wi l probably be passed by the house wh-n
it comes up for passage The bill had
htrr made a special order for the aftsr-
i noon and b Tore bcfrmnInK upon It se -j
cral conferences had been held a more the
j leaders leading to an unTniml. Ths
. principal of stock yards leKislstion has
j always been more popular In the lower
! house than In the senate and this same
Mil with very slight differences was
passed hy the house last year only to die
In the senate. The senste hill of this
year by Ollls Is still In the hands of the
The debate of the afternoon was mostly
over an amendment offered by Evans of
Adams, who wished to fix In the bill a
clause fixing the rates which stock yards
should be allowed to charge. The bill as
it stood cave control to the State Railway
commission o er all rates and service. The
amendment was ob.tected to by Prince of
Hall on the ground that the other provis
ions of the bill gave the commission ower
to fix rates and such a provision would In
validate the law by Inconsistency. 1'akiT
of York maintained that a similar act
had been allowed to stand in the case of
the S-cent fare l.w. The other view was
upheld by the house, however, and the
Evans amendment was overwhelmingly
defeated by viva Toce vote.
Aataerlty Over Markets.
Taylor of Merrick objected to the bill
as it stood because of its definition of
the stock yards as public markets. The
State Railway commission la suptoed to
have Jurisdiction only over common tar-
; ners ana layior doubted the possibility of
giving the commission control over any
thing defined as a "public market." The
senate bill defines tbe yards as common
carriers. Quackenbush of Nemaha had
Investigated this phase of the quewtksn and
was stole- to show by leal authorities that
the bill waa good tn spite bf tha fact
that the commission is supposed to con-
Mat rau of Madison said he believed that
there was really very little demand for
any legislation upon the subject at all.
but thst the LIU waa as good as any
that could be drawn and as Prince of Hall
had said it would furnish both shipper
and yards with a court to which griev
ances could be taken. Matrau said fur
ther that a certain part of the legislature
wanted to regulate everything from the
sire of families to the price of peanuts
and he was opio.ed to such policy.
Taylor of Hiirhco. k moved that the bill
be enrrcsed and advanced for third read
ing and his motion carried without a dis
Text af Mewsare.
The bill as It will be passed is ss follows:
"Section 1. All stock ysids oerated In
this state or organised under the general
corporation laws of this stste or by spe
cial charter, which receive live stock for
the purpose of exposing or having ths
same exposed for sale, and doing a busl-
jness for a compensation, are heieby de
j dared to be public markets, 1'rovided,
that the railway department of any slock
used aa a common carrier
not be affected by the
"Section 2. The Nebraska fctate Railway
commission shall have power to issue or
der, regulating the service and charges of
Jsuch stock yards and the same shall be
i enforced ln the same manner snd under the
j same penalties as orders regulating com
mon carriers. Provided, that where no
other penalty is provided by Isw for a vio
lation of any auch order, It shall be pun
ishable by a penalty of not less than Sio
nor more than SSfti. and where the viola
tion Is a continuing one each day thereof
shall constitute a separate offense.
' Section L Any person, company or cor
poration owning or operating any public
stock yards ln this .tats fender ths pro
visions of section 1 of this act .hall an
nually on ths first Monday of January of
each year file with the Stats Railway
commission an It e mixed atatement certified
and sworn to by its owner Or managers
setting forth the number of head of cattle,
calves, hogs, sheep, horses and mules re
ceived ln his or their public stock yards.
al.Mj make a statement of the gross receipts
and expenses of the last preceding year.
"Sec tion . Every aui h stock yards shsll
keep a record showing the time of delivery
and turning over at the yards of said
stock to the conaipTiee. sgent or owner.''
The bill is less drastic than the senate
bill. It does col provide any time limit
on handling stock in the yard, and in lis
lernis is a little more ambiguous.
I aloa lbel Is Hilled.
' The senate killed the union label bill this
morn. rg. reversing Its favorable decision
of yesterday by a vote of 11 to U. The bill,
as drawn, provided that all stste printing
bear the label of the International Typo
graphical union, and the optosltlon of one
of tha large Lincoln companies which doe.
much of the state printtr.g, was sufficient
at the last moment to kill the bill.
Senator tmith of Killmors. who spoke
against the bill yesterday, seemed disposed
this morning to give It a chance for l ie
if amendments were made and moved to
refer it back to ths committee, but the
motion was lost by a vote of 11 to 11 It
was not considered likely that the bill
could hus tb house If It did get throiKh
the senate, aa a similar bi l hy HoivU'
was killed there yesterday In apite of the
support given it by nearly all labor or-ganiuiiona.
ate aa Measar.
The vote on the bill in the senate this
morning di;osing of It finally follows
Albert. KohL P'a. ek
baxtiins- Lee. I'-eagan.
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