unday Bee
NEWS SECTION
For Nbrtk rrobably showers.
Fcr Iowa Probably howr.
PAGLS ONE TO EIGHT.
VOL, XLI NO. 1.
OMAHA, SUNDAY M OK XING, JCNK 25. 1911 FIVK 'SECTIONS THIRTV-KIGHT PAGES.
SINGLE COPY FIVE CENTS.
The Omaha
KOHLSAAT GIVES
HIS TESTIMONY
Record-Herald Editor Before EeuU
Committee Investigating Elec
tion cf Lorimer.
XNEW OF ATTEMPT TO HOLD 1st
last August the Entire Story V?u
Told to Colonel Rooseyelt.
NAME OF BOOT IS BROUGHT 0
La Follette and Cullom Are Mention? 4
in New L'ght
UNCLE JOE CANNON'S NAKE HEARD
Private life af Illlael Senate U
Ideal and that II llae Feaabt
Twfil) Years far Larl-
mrrlaa. "
VCA"?l"i'C;TiN. June II Many figures
of nations! irom'n nc were brought tnto
the !.rlinT inrettstlon today for th
first tbne when !Icimti K. Knhlesat ed
for 1 i-tih'lvhiT i if th Ceil' ago Reo rd-
' mittrp -l :t rc th" flection of Sen-
sVo- Lc m r
. Former i indderit nevelt's name wai
i llr.krd 'th the InvestiKatlon rnhen Mr.
Kntils&ai tvi f.1 t'.at lat August he told
Colmicl P.oov-elt the entire story of the)
llffTFd a U erupt of V. M. Hlne.e to e-jlloct j
t1,.'0 from Clarence s. Funk, general !
.manager of U.e Intei nrtimal 'Hirtwlcr
rcnipon.. I i-elritJberr thoi'e who hud con- i i
t tSutil K4.0i "to mt Lo;ltner across at PORTSMOUTH. England, June 14. Thla
S'l ilnrf W." lit l.n of secrecv was . wax th day of ship and aallora. The
'Hfd on thr foiinc. !reai1ent. but Mr. j king and queen and the foreign repre
Kchl'aat terttftrd fVne! Rrfevelt wrote ! aenttlve at th coronation left the cap-
h'.m that he u c tned. becju of Mr. Kohl
aat'a Inforrf ation. to attend th Hamllt-n
club dinner In (l lcaeo later, in August.
1 '10. If I ft l-nt-r i to he there.
The Roo vet letfr will be placed In
the taotd of the hearing.
Tbi- nann of Srnn t j 5 Rct. I-a. Folli-tte
and Cullum were ment.oned In a new light, j
Mr. Kohlsaat testified that he had In
formed thet renatora. Ief re the aenate ,
I'iskciI on the Ijoilmer case, of the conver
' ration Ih which Funk had told him of J
Uinta' alleged a tempt to collect money.
To thcae men, Mr KohSaat dd not men
tion naniea. bocauae he considered hlm
" aelf nndor a pledge of aecrecy to Mr.
Funk not to do ao. Mr. 45hlaat men
tioned Senator Cullom' name only at tbe
cloee of the day'a aeaalon.
I'aaann and Tavfaey Meatlaae.
1 Former Bpeaker Cannon and former
, Repreaentatlre Tawne of Minnesota flg
I ured (n the day'a teetlmony. Judge Han
ecy, counael for Senator Liorimer. aaked
the wltneaa If Senator Lffrimer in 101
did not drop a legal - ault against , Mr.
Kohlnaat berauae Cannon 'and Tawney
InM IiIm I. v. e.aMJ If Mimf . w.M Hnl
done the Chicago Record-Herald would
nnt auppprt Rooaevert for president In
104.
."That la ao rldleuloaa that M.aimeer,
"is' needed to It," declared Mr. Kohlaaat.
Tlia wltneaa underwent a. long cjoaa-ex-amlnatlofl
by coaoael . for Senator Lorl
tner. He waa naked if be did- not tell the
Funk atory to every newspaper in. Chi
cago. The wttneas aald that he could pot
remember If he bad, although he had
apoken of it without mentioning names
to several person He was asked If he
had not given IK to every measlne that
' was friendly to him. Mr. Kohlsaat denied
that he had done so.
-Uldn't you give It to one of the editors
of J he Outlook?" Inquired Judge Hanecy.
t "No, air."
"Didn't you give It to Theodore Roose
velt T'
"Oh, yea."
A striking feature of Mr. Kohlsaat's
testimony waa repeated statements that
he found much to admire in Senator Lorl
mer'a private life. He referred to the
ronator'e life a Ideal
"What t have been fighting for twenty
years ie Lorlmerlsm," he declared.
"Lorlmerlam" he defined aa an "'af
filiation and co-operation and cohesion of
democrats and republicans for party pelf
and for private pelf.
Mr. Kohlsaat further testified that he had
written an account of the conversation be
tween himself and Funk, but without men
tioning Funk's name to Senators La, Fol
lette and Root. M
Thla was done at the request of Wal
ter I Fisher, now' secretary of the interior,
and others.
"Senator Root wrote me In reply," said
- the witness, "and thanked me for the In
formation. He aald It bad generally In
formed him in making his speech against
Lorimer on the floor of the senate
"What" exclaimed Senator Gamble,
trnble, "do j
were in- i
you mean to say that senators
fiueooed In arriving at their decision by
matters not evidence T
I did not discuss that question with Sen
ator Koot," replied Mr. Kohlsaat.
Mr. Kohlsaat said that beeldes Colonel
Roosevelt he had only divulged Mr. Funk's
name In connection wtlh the conversation
to Victor F. Lawson and to Mrs. Kohlsaat.
sea a at laaalry Braadeard.
The scope of the Inquiry was materially
widened today when the committee de-
(Continued on Second Pae.t
The Weather
FOR XEKRAPK A Probfcblv showers.
FOll IOWA Probably showers.
1 era rx-ra tare a
...
4. asaparatlva Laval B eeard.
111. 11. UU 'JOB.
Iliahest yeoterday M M at M
lxweat yesterday 71 71 SJ 61
Mean temperature M M 74 ,i
Prat Mutton e aft T .00
Temperature and precipitation departure
ftueti norma .
Normal temperature
Fxceas for the iav
Total eTcess since March 1. .
Norma! preelection
I ef jrlrney fi ths dy
pTrll4iatlon since si a' eh 1..
In-f uienoy aime March 1
74
M
SU
It inch
1 Inch
T G inches
t M inehee
IvriieiM-v f jr our. irnoi la VMe k llncnea
It, tu leiict fur out. prnod In IMS I X) laches
T indicates trace M pcerti4tat'n.
L. A. NV tLtli. Local Forecaster.
t Oraaaa Testeirday. I
I f I Hour. rW. ' orW-
f A'ow t m:::::::::::::::: 3
I J WAT VI I I a. m 7
v e ' I a. m SO
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rO.Y4 - "
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P
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T- sif p" m
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NAYAL REVIEW OFF SPITHEAD
Kin? and Queen and Coronation
Gueits Attend Water Function.
MANY NATIONS REPRESENTED
Handred'a of Urrnt FIBtlB M-
chlnea Art Maorra la Raadatead,
Orvvarlaa; aa Area of F.lh
trea naare Mllra
Ital and rame here for the (treat naval
review off Kplthead. Fine weather put the
flniahlnic touches on one of the moat mag
nificent diaplaya of the week.
Their matoMIe. ai-companled by tha offl-
' rial envoj-a of other countrrea, came from
Inlon by apeclal train. The king wore an
admlrafa uniform with a riband of the
Order of the Garter.
The prince of Wale was In a midshlp
man'a uniform. The queen, Prlnceaa Mary
and nearly all of the royal ladies were
dressed In navy blue.
Many special trains were run from Lon
don, carrying Indian princes, peers and
peeresses, members of Parliament, lords of
the admiralty and diplomats. The regular
and the excursion trains arriving during
the morning added numbers to the thou
sands already gathered here from all parts
of the world.
evrateea Katlaaa Restreaeated.
Seventeen nations were, retresented In
the vessels moored in S pithead roadstead.
In the English channel between the main
land and the Isle of Wight.
Of the number ten were battleships of the
Dreadnaught class from the British navy,
and , one visiting in slse and armament
was the American battleship pelaware.
The British dreadnoughts were the Colos
asv -Neptum,- iiarenva,-' Colltngwood," BC
Vincent, Vanguard, TemeraJre. Superb and
Dreadnought. With these were four Brit
Ins cruisers of the invincible class, tha In
defatigable, the - Inflexible, the indomla
atabte and the Invincible. . Other foreign
powers sent veeeels of the pre-dreadnought
type. FYance waa represented by the Dan
ton Japan by the armored cruiser Kuraraa,
Austria by the Radetxky. Italy by the
mored cruiser Ban Marco, Russia by the ar
mored cruiser Roseia,- Spain "by the
cruiser Rein ' lie genie. Argentina by
the cruiser. Buenos Ay res, Chile by the
cruiser Chacabuoo. Sweden by the armored
cruiser Fylgia,' Turkey by , the " cruiser
Hamldleh, China by the cruiser Hal Chi.
Denmark by the armored cruu-er Wolfert
Fischer, the Netherlands by the armored
cruiser Jacob Van Heemskerck, and Nor
way by , the armored cruiser ' Eldsvold.
Greece sent the armored cruiser Georgioa
Aerof.
Maadred Reveals. British Shlpa.
In addition to the official representatives
of the seventeen visiting nations, there
were secondary vessels from Japan, Italy
and Chile. Various types of - warships
added to the British units of dreadnaughts
and invincible made the total British con-
Ungent 170 ships. All the vessels In ths
roadstead, including the foreign warships
and excursion .steamers with spectators,
ere moored in lines supplemented by
shorter tines of submarine and torpedo
boats. Tha fleet occupied an area, of
about eighteen square miles.
LIMITATION TO TEACHERS'
PENSIONS CRITICISED
Baptist SpeaJirr fays Prafesea
Bhaald at Be Asked ta Desert
Prlaelsla for Stipend.
PHILADELPHIA. June U. "No r oh
man has the right te ask us to desert our
principles for the sake of an old age pen
sion." declared the Rev. E. M. Hoteat.
president of the FVirman university at
Greenville, 8. C. at today's eesslon of ths
BapUst World alliance. The vast audience
applauded the sentiment expressed, and
after his address Mr. Hoteat said his
criticism was directed against Andrew
Carnegie because of the provisions at
tached to the Ironmaster's teachers' pen
sion fund excluding from participation in
the fund colleges which Impoke any th- e
loglcal teat-
A resolution Introduced by Rev. 8. 8.
Baton of Dea Moinea. la., calling attention
to evils, wsa adopted. Tbe evils in
cluded the liquor traffic throughout the
white slavery, slavery In Africa,
traff c in China and many social
REBELLION IN LOWER
CALIFORNIA IS ENDED
SljLaat Party af laaarreetea Will lar.
raeral Jr II
Held.
WASHINGTON. June It With the e-c-ptlon
ot "General" Jack Mosby and two
cosnpanlons, the Insurreatos who surren
dered to the American military authont'ee
In California after having been driven to
the border by Mexican federal soldiers,
wltl be ordered released by the War de
partment Mosby and two Insurrrctos will
be turned over to the t'nlted States mar
shal at San Diego, who holds a warrant
for their arrest.
Geaeral Hl'a. commander of t Depart
aneat of California, today telegraphed the
W ar ' department that a party of inaur
rectoa near Tecarte. Mexico, is expected
to surrender soon. When they lay dots
Ihetr arms the aimed rebellion in Lower
California will be fractieally ended.
J - - - - 1 a a ii ii.il!
OH. 1 DON'T ENOW ?
MRS. SEE DENOUNCES ARTHUR
Wife of "Prophet" Declare. Cult is
Free Love and Nothing Else.
WITNESS AGAINST HER HUSBAND
Three Mothers Said to Hare Carolled
Fifty l.lttle ftlrla. Who Are to
Form Rearae Cansaalttee to
ave Teacher.
CHICAGO. June 24 Fpectal Telegram)
Following the trip hammer blows of the
Mate In ripping the 'mask off See's love
cult, the. wife of the "prophet" today de
livered a cruRhlng blow to the man on trial
for abducting Mildred Bridges.
Mra. Evelyn Arthur Pee. wife of the
founder of "absolute life." and who Is
seeking a divorce, held the "revealer" up
to room and declared his creed to be based
on free love. Mrs. See declared.
That See. Inatead of being a spiritual
man of Godly attributes, was a sensualist;
that his sex teachings in the "book of
truth," Instead of being Inspired, had their
origin in his carnal Bind: that his power
over Mona Rees and Mildred Bridges was
attained by constantly drumming Into their
cars the claim that he could not rin that
all his relations were spiritual; that. In
stead of being humble and meek, he was
an archegotist, whose mind brooked no op
position. Declares Hie F.sre Is Great.
"His ego Is so great," said Mrs. See,
"that I could not move him. I saw him
start deliberately on the road that I fore
saw waa going to lead to his ruin. He
wanted to take me. his wife, as a shield
for him, but I saw the pemlcieusness of
his doctrine and the' sensuality behind
them, and refused to follow."
- The prophet of "absolute life," : whose
teachings are said to have caused three
mothers to consign their daughters to his
keeping, ts said to . have enrolled fifty
little girls aa a "rescue committee," . . .
See plans to have these children, dressed
In white, storm the witness stand In Judge
Honore's court In order to build for hn
a reputation for decency.. Tbe girls are
members of See's Junior . commonwealth.
He wishes them to tell the jury that the
teachings they received were not demoralia.
ar-Tmg. nor a subtle defense of free love.
See's Plaa ta Save Hlsnaelf.
See's Idea to call fifty little girls as
witness was announced today In an effort
to offset ' the effect of the unmasking of
"absolute life." aa a free love cult by the
reading of See's "secret Bible." .
Driven - to desperation by the crushing
blow .delivered by Assistant State's Attor
ney Burnham with the introduction of the
sensational secret Bible, .the king of the
Racine avenue "Love Jungle," made fran
tic appeals to his lawyers today to rush
the trial and demanded that they over
come the great stride made by the state
in its efforts to land the free love advo
cate behind prison bars.
Never In the annals of the Cook county
criminal courts has such sensational testi
mony figured In a criminal trial as was
brought out with tbe reading of the cult
Bible, known as "Bock 11" Women and
girls who occupied seats in the court room
hung their heads and many of them left
It was predicted today that the trial, as
a result of the unexpected revelations al
ready made by the state, would consume
all next week and probably a longer time.
Nebraska Delegation
Will See Hitchcock
Another Call Will Be Made in Interest
of Hail Division for
Omaha.
From a Staff Correspondent
WASHINGTON. June J4 (Special Tel-
I 'ffam. ) Ropresentatlve Sloan has been
lrmnte1 two weexr leave or absence
and left for home last night prior to
leaving he had a conference with Senator
Brown in regard to making a final appeal
to Postmaster General Hitchcock to desig
nate Omaha as headquarters for the new
railway mall division. Senator Brown and
others are quietly at work upon the mat
ter, and when Postmaater General Hitch
cock returns Monday he will receive a call
from the Nebraska delegation.
Representative Lobeck of Omaha ham
been named a member of the special aub
commlttee of the house district committee
to Investigate all branches of the district
government and look into th conduct of
the local public service corporations.
Blda were received today at the Treas
ury department for th construction of
th public building at Lead. 8. D. The
loweat bidder was Dexter it Wenxel of
Wichita. Kan., if limestone Is used, 177.
tfS. and for sandstone I7X.442.
Civil service examinations will b held
July J for rural carriers at Ellis and
Murray, Neb.
TRACTION EMPLOYES AT
"PITTSBURG, KAN- STRIKE
laterarbaa Llaes ta Japlla aad sev
eral Other Mlalaa Tewae
Are Tied I p.
F1TTFBCRG. Kan.. June ll-InaN'rty t
obtain a satisfactory adjustment of th
wsge scale caused ron motor-men and con
ductors In the employ of the Joplla 4t
PHUburg Electric Railway company to
strike today. As a result inter-urban aerr
lee to Joplin. Mo.; Columbus, Otrard. Mul
berry and Cherokee. Kan., and twenty
other towns and mining camps is tied ton.
Coming and Going in Omaha
NEBRASKA BANK GUARANTY
Secretary Boyse Send- Notice of First
Assessment to Bankers.
PAYMENT DUE ON FIRST .OF JULY
Baaka' Capital or Sarplne Nat Avail
able tor Faraaeat, bat Faad Maat
Cosae frosa ladlvlded Profits
or Asaeaasaeat.
(From a Staff Correspondent.)
LINCOLN. June M (Special Telegram.)
Secretary Royse of the State Banking
board today, from reports sent in from 658
state banks, finds that there are $o6,t&2,
56s. 72 of average dally deposits subject to
the guaranty deposit law. As computed by
Secretary Royse, one-fourfh of 1 per cent
of that amount, to be levied as the urst
assessment under the new law, will net an
initial guaranty fund of S16S.623.S2. Subse
quent payments will be made In similar
amounts every six months for the next
eighteen months. The assessment will be
due and apayable July 1.
Secretary Royse has Informed bankers
that the banks' capital or surplus must not
be reduced In order to meet the provisions
of the law, but emphasises the fact that
the guaranty assessment Is to be taxed
against the undivided profits. Should
there be Insufficient, assessments must be
made against the stockholders to make up
the required amount In his letter to the
bankers the secretary further order a
regular meeting of the board of directors
of each Institution to be held some time
during the first ten days of July, so that
a thorough examination ot the banks
affairs ran be made subject to th pro
visions of the new law.
Senate. Gjommittee
Approves the House;;.
Statehood Resolution
Provides that People of New Mexico
and Arizona Vot Arin on Cer
tain Parts of Constitutions. .
WASHINGTON. June 24. The senate
committee on territories today voted six to
three to report favorably the house resolu
tion admitting New Mexico and Arizona to
statehood, with the - provision . that the
Arisona constitution, containing the Judi
ciary recall, shall be submitted - to the
people. Slight amendments to the house
resolution were made.
If the senate accepts the house resolution
and it becomes a law the people of the two
territories will be sssured of statehood.
The resubmission of the portions of the two
constitutions ts Intended only to give the
voters another opportunity to say whether
In the case of Arizona they desired the right
tp recall their Judges and In that of New
Mexico, whether they are satisfied with tbe
strict provisions against amendment. It
Is provided that whatever the vote, the in
struments shall become effective.
Will Veto Reciprocity
Bill if it is Amended
President is Reported to Have Made
' This Statement Over Telephone
to Several Senators.
WASHINGTON. June U-lt became.
known at the capltol today that President
Taft talking over the long distance tele
phone from Provident- last night repeated
to several senators his determination to
veto the Canadian reciprocity bill In case
any amendment is added to It
Senators accept the president's ultimatum
on reciprocity -as applicable to modifica
tions which might be made at the Instance
of republicans as well as democrats and
say that It would have the effect of pre
venting any agreementa on amendments
for tariff changes. Many senators have re
ceived telegrams and letters announcing a
purpose on the part of th farmers to test
the constitutionality of the proposed rec
iprocity law If It receives less than a two
thirds majority In the senate This position
is taken on the ground that as the bll
carried Into effect the provisions of a
treaty. It should receive the vote In the
senate necessary to render a treaty oper
ative. Friends of the measure do not con
cede the point, but they are claiming the
two-thirds.
Acimonious Debate
in Woodmen Circle
Supreme Guardian Charged on Floor
of Convention with Carrying
Grandchild on Pay Boll.
ROCHESTER. N. T.. Jan 4. -Sovereign
camp. Woodmen of th World, and Su
preme Forest circle today wound up their
biennial convention, which has been In
progress here two weeks. Th closing de
liberations were marked by seveial
acrimonious debates, especially la the For
st circle, the supreme clerk charging the
supreme guardian with hating signed
checks for amounts aggregating M.W
without the knowledge or consent of the
supreme clerk. The supreme guardian sJs
was charged with having kept her grand
child, aged years, on th payroll aa a
clerk and deputy.
IF TH2KJS COULD E KEVTF!I
BURKETT NAMED IN INQUIRY
f aii
Hardwick Asks as to Alleged Change
of Front on Sugar.
REFERS TO SCOTT'S BLUFF PLANT
Chairman Eaplalaa that Foraser Ne
braska lesatsr Flrat Was Reported
to Be Meed l'p with
Brlstev.
WASHINGTON. June 54 -The Inquiry
into the Colorado group of beet sugar fac
tories, controlled by the American Sugar
Refining company through the Great West
em Sugar company, was concluded today
by the house "sugar trust" Investigating
committee. Next week the sugar trust's
interests in California Industrie will be
taken up. John D. Spreckels will be a
witness, as also will Claus Sprockets upon
his return from Europe.
Further insight Into the relations of the
Mormon church and the American Sugar
Refining company will be sought Monday
from Prophet Joseph F. Smith, head of
the Church of Jesus Christ and the Latter
Day Saints. Both Prophet Smith, who is
president of the Utah-Idaho Sugar com
pany, and holds as trustee ot the people
nearly M.000 shares of sugar stock, and
Bishop Nibley, business manager of the
church, are enroute here.
Rarkett'a Name Brnasrt la.
President Chester S. Morey of the Great
Western Sugsr company waa the only wit
ness today. Chairman Hardwick brou ,t
In the name of former I'nlted States Sena
tor Burkett of Nebraska by questioning
Mr. Morey about the Great Westerns
establishment of a beet sugar factory at
Scott's Bluff. Neb.
"Had you heard It currently reported
during the sugar tariff negotiations in
190V asked Mr. Hardwick. "that Senator
Bnrkett had changed front on th sugar
tariff and voted for dutyT
"No, I had not heard If
"Do you know whether the Information
that a beet sugar factory was to b es
tablished at Scotubluff had anything to ed
in Influencing the vote of any Western sen
ator on the sugar tariff?"
"No. said Mr. Morey. "I don't see how
that could have been ' because of the fac
tory at Scottsbluff was not established un
til after the passage of the tariff bill."
Mr. Hardwick explained that Mr. Burkett
first was reported to be lined up with
Senator Brlstow and other republicans who
wanted to reduce the tariff on sugar and
that when people in his state became In
terested In a beet sugar proposition he
changed his mind. Mr. Morey said he knew
nothing about It
The witness declared that there was no
agreements or understandings between the
Colorado group of sugar factories Wi
ths Utah or California groups as to sell
ing territory, prices, etc Removal of the
tariff on sugar, Mr. Morey said, would kill
the beet sugar business.
"Would a considerable tariff reduction
affect the business T' Representative Malby
asked.
"It certainly would.. We are running on
a close margin now and tariff reduction
would certainly operate to our disadvan
tage." Fisheries Agents
Drowned in Sight
of Their Wives
Boat in Which H. L. Hahn of Spring
Field, S. D., and H. B. Chichester
Are Sailing is Overturned.
WASHINGTON. June "4 Drowned be
fore tha eyes of their wives, who were
helpless to save them, was the fate of
Walter L Hahn of Springfield, 8. D-. and
Ii. B. Chichester of Eagle Pass. Tex., gov
ernment fisheries agenta In Alaska, whose
deaths were reported May XI.
DetaHs received today by Fish Commis
sioner Bows Indicate that Chichester and
Hahn took their wive out for a sail from
St Paul island. Alaska. Their boat cap
sized in a squall. The two men succeeded
In rescuing their wives and placed there
exhausted on the bottom of the upturned
boat .
Weakened by their efforts in saving the
women, their strength soon gave out and
they sank. Mrs. Chichester and Mrs. Hahn
I were reruMl m-.r.! Km ir- I t -
by
natives.
EXCITING SCENES IN
TRIAL OF CAMORRISTS
Prlaaaer Charge that Wltaeeeea aad
' laforaser Prpared Evtacaee
Tea;eiheT.
VITERBO. June S4.-The Can-iorrtrt trial
today was eliciting. Gluliano, a marshal
of Carabineer and bead of the prison
guard at Poaiuoll,-. near Naples, where
many of th prisoner had been confined,
waa Interrogated. He gave a list of the
Canonists who, hs asserted, attended the
banquet at Bag noli, when, according to the
proa scut! on. th death of Gennaro Cuoc
colo aad bis wlf waa determined upon.
The defense was quick to note that the
names of the accused were given by J.h
witnesses tat th aam sequenc as they ap
peared In the list introduced by the la
former, Gennaro Abbatemaggio, and they
noisily charged that the witness and the
Informer bad prepared their list together.
Gluliano was also confronted by Enrico
Alfano. th alleged directing spirit of the
Camorra. resulting only In an exchange ot
Insults and accusation a.
POEWINS- AC QUAUTIAyCE
MONDELL ON COAL LANDS
Wyoming Congressman Criticises Pol
icy of Interior Department.
LETTER TO SECRETARY FISHER
Charges that Hlh Prlrea Asked Are
Not Legal and that People ef
West Maat Par Tea Mara
far Coal.
(From a Staff CorrefcpnndenO
WASHINGTON. June S4 (Speclal.l-The
following la a copy of a letter which Con
gressman Mondell of Wyoming addressed
to Secretary Fisher on the status of coal
lands of the I'nlted States:
"Hon. Walter L Fisher. Secretary of the
Interior. Sir: Prior to 1R7J the public coal
lands of the I'm.'ed States were disposed
f without taking Into consideration the
question as to whether or not they con
tained coal, and therefore all the lands con
taining anthracite ar.d bituminous coal In
Illinois, Indiana. Iowa. Kansas. Kentucky.
Maryland. Michigan, Missouri. Ohio, Penn
sylvania. Tennessee. V Irs In la and West
Virginia, and moat of such lands in Ala
bama, passed into private ownership as
agricultural lands and at nominal prices.
"In 1S73 congress passed the coal land
law, providing for the sale of coat lands at
not less thsn $10 per acre where such lands
were more than fifteen mile from a com
pleted railroad and not less than $3 per
acre tor such lands ss were within fifteen
miles of a railroad, and from that time until
1J07 coal lands were sold at the prices
named In the law.
"In 1907 the policy of considering th price
of SK and SiO per acre fixed by law the
minimum price and of selling coal lands
at a classified price In excess of the mini
mum waa adopted. For a time the classified
price were not generally greatly In excess
of th minimum price, but gradually thoart
prices nave been increased by reclassifies- 1
tlon (In 'some cases tbe same lands have
been classified three times) and by higher
original classifications until, according to
a statement made by the director of the!
geological survey, the classification of 14.
472.601 sores, made prior to March SI. 1811.
had raised the valuation of these lsnds from
C.440.61S, under the minimum prices fixed
by law, to SflCS.43S.842, under classification.
Many Valaatloaa Exreedlaa-ly nigh.
"Tbe mere statement of an Increase In
valuation to nearly three times that fixed
by the statute does not. however, give an
adequate Idea of. the .actual conditions In
the fields where coal Is being mined, for
tn such localities the classified price Is
from -ten to twenty-five times the statute
price. Tbe comparatively low average In
crease In valuation Is due to the fact that
much of the land which has been classified
contains, or It is believed to contain, thin
veins or deposits of low grade lignite coal,
having no present market value and not
salable at any price as coal land. These
lands have largely been classified at or
near the minimum price, thus keeping down
the general average. On the other hand in
all of the fields where the coal is of suffi
ciently high grade to be workable, or is being
worked, the prices even for lands far from
means of transportation have been In
creased from the minimum fixed by law to
from 1160 to Saw per acre.
Whatever one's views may be aa to tha
pYoper Interpretation of the coal land law.
and therefore, as to authority of executive
officers to fix prices above those contained
in the statute, there Is much force In the
argument that the value of coal-bearing
land differs so widely and the temptation
to large holdings, particularly In fields of
exceptional quality. Is so great that a
graduated price rather than a flat rate Is
the better from the standpoint of public
policy. However, as it has never been the
policy of the government to attempt to se
cure sn exorbitant price for Its lands by
creating a land monopoly. It would seem
logical that under a system of valuation
the price should be fixed with a view of
discouraging the acquisition of lands for
speculative purposes, rather than with the
intent of capitalizing th necessities of
citizens who must have coal of which the
government has a monopoly.
Earlier Frlees Net Exeeaalve.
"The first prices fixed under classifica
tion were in the main not excessive, though
quite high enough to discourage purchase
except with a view of Immediate develop
ment, and therefore though the policy In
volved a questionable exercise of executive
authority, there was a general disposition
In the country affected to withhold criti
cism and give ths new policy a fair trial.
Tbe reclassifications and Increased valua
tions, however, have placed coal lands at
such prohibitive figures and contemplate
such a serious burden on western com
munities thst th people of the public coal
land states bav become thoroughly
aroused over the situation, and as th
representative of the people of one of the
states whose citizens are suffering and
are certain to suffer more from the effect
of the present policy I feel It my . duty to
call these matters to your attention. In
the hope that the present policy may be
radically modified.
"The valuation which bav been fixe
on public coal lands tn Wyoming, Colorado,
Montana, Utah. New Mexico and other
western state are. tn my opinion, so be
yond all reason and Justification that I
find it difficult to discus th subject In
aa entirely dispassionate and respectful
way. for to characterize tha policy and
procedure which has beea pursued In wbst
I believe te be a fitting manner would re
quire the use of language more forceful
and pointed than I care to use la a com
munication of this character. If th sltua-
(Continued on Second Paga)
HARRIMAN LINES
WIN MERGER SUIT
United States Circuit Court Decides
that Combination of Union and
Southern Pacifio is Legal.
OPINION IS BY JUDGE ADAMS
Southern Pacific is Not Dependent on
Union Pacifio for Outlet.
ROADS WERE NOT COMPETITORS
Court Says No Direct or Substantial
B'straint of Traffic.
BILL IS ORDERED DISMISSED
Jadae Hook File DlawatlnsT Oplalaa,
la Which He Hay Government
Made Case aad laarlea
Should laaae. .
FT. LOfTf. June ?r-Tb I'nlted States
circuit court of the Eighth district today
handed down sn opinion that tha purchaa
of the So ithern Pacific by th T'nlon Pa
cific "did not amount to a direct and sub
stantial restraint or either Interstate or In
ternational eommerce." f
The reoent decision of the I'nlted State
supreme court In the Standard Oil can
was cited among others by Judge Elmer B.
Adams, who wrote the majority opinion.
Supreme Court Justice Willis Vsndevanter,
while circuit Judge ot the Eighth district,
participated In the hearing, deliberation and
conclusion In the caxe and concurred In
the opinion. Judge William C. Hook filed
a dissenting opinion.
Oplnlea la hy Jadge Adaaas.
The majority decision was written by
Judge Elmer B. Adams and waa mailed to
the clerk of the court here.' The only ques
tion, reads the opinion, was this: Wag)
the Union Pacific company, extending only
from Omaha and Kansas City on the east
to Ogden cn the west, a competing Una
prior to 1X1 for transcontinental business
with the Southern Pacific company, whoa
line extends from New York on the eas
over the sea to New Orleans and thence
by rsil to San Francisco and Portland on
the west.
"While the Cnlnn Pacific was entirely
dejiendent upon the. Southern Pacific for Its
connection westward, th Southern Pacifio
was not at all deendcnt upon the Union
Pacific for Its connection eastward," reads
the majority opinion. .
"Our conclusion.' continued the. opinion,
"is that all the facts of this case con
sidered In their natural, reasonable and
pr set leal aspect and given their appropriate
relative signification do not make th
Union Pacifio a substantial competitor for
transcontinental business with th Southara,
Pacific railway in or prior to th year 1U
"We therefore pass to a consideration on
some lees Important matters relied upon by
tbe government to establish destruction of
competition between those companies.
. Direct or sabstaat 11 ..Jtra&cnlaL.
"Certainly tbe desire to appropriate th
trifling business done by the Southern Pa
cific on the minor lines or to suppress a
competition in traffic which was In th
aggregate of such a small proportion could
not have been tha Inspiration ot th vit
outlay involved In the purchaa ot the
Huntington stock. . It did not amount to
a direct and substantial restraint of either
Interstate or International commerce. Thla
la not sufficient to bring It within th con
demnatlon of the ant-trust law.
"This concludes consideration of the ef
fect of the transaction chiefly relied upon
by the government In this case. But It U
contended thst the purchase by th Union
Pacific of a controlling Interest tn th
stock of th Northern Pacific company -waa
also violative of the antl-truat law. -,
"Without dwelling on the reason for th
purchase of this stock, disclosed In th
preceding statement of facts, it Is suf
ficient to say that If any controlling Inter
est was thereby acquired. It was lost worn
time before this suit wss Instituted and
that none of that stock Is now held by, or
fur tbe Union Pacific company. ,
"Aa there Is no showing of any like am
bitious project In this respect for th fu
ture, we fall to discover any opportunity or
reason Tor tbe injunctive relief on this ac
count" Relation with Saata Pa.
Ths court held also that the Investment of
the Harriman lines in the Santa F waa
not for acquiring control and that If It
was for obtaining Inside Information con
cerning the operation of a great competitor
they chose a lawful way for doing It
"The conclusions of fact dispose ef this
esse," the opinion concluded, "without th
necessity of determining the question much
debated In brief and argument whether
securing control of the Southern Paclfla
company by purchasing stock of Individual
owner could In any view of the case have
contravened the anti-trust law. On the
facta of this case, with all their reasonable
and fair Inference, we conclude that th
government has failed to substantiate th
averments of Its bill.
"Mr. Justice Vandeventer. while a cir
cuit Judge, participated tn the bearing, de
liberation and conclusion In this case and h
now concurs In this opinion. i
"Th bill must bs dismissed and a decree
will be entered to that effect"
No Change la Rates.
Tbe merger, according to tha court did
not cause a change In rates no complainta
ot discrimination and no conspiracy. Con
cerning the feature th opinion read:
"Tbe proof show that after Usui, as
well as before the rates for transcontinental
ttaffie were the aams over both tha
Union Pacific and Southern Pacific line.
"There has sine then been with respect
to either of these lines, no Impairment af
service, no discontinuance of erforta to
satisfy the public and no complaints ot
Base Ball Tickets.
Bound trip tickets to Lake -Manawa.
Quart bricks of Dalzell'a
ice cream.
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find thalr nam ta tha wast 4a
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your nam will appear aooaatlk. iV
may m nor than one.
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