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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 16, 1911)
he Omaha Daily Bee
This Day in Omaha
Thirty Twenty Tea Years Ar
3es auditorial Par of each lata
OMAHA, THUHvSDAV MORN1NO, NOVKMMl'K V JJill-FOUin'KKX PAUIX.
KlNOLi: COPY TWO CENTS.
VOU XU-N'O. ISO.
Edward Ricord, Barber, Confesses
He Had Part in Tarring Kansas
DECOYED HER TO LONELY PLACE
Miss Mary Chamberlain Accepted
InTitation to Attend Dance.
E. 0. CLARK ALLEGES PREJUDICE
Application for Change of Venue
Will Be Heard.
SENTIMENT IN CASE DIVIDED
of All Nine UrlrnilniiU lie
llrved to Depend bit Outcome of
(' Against Wealthy null
LINCOLN CENTER. Kan., Nov. 13 An
admission of cuilt In the "tur party"
vase rams today. Edward Ricord. the
Pcverly barber, edmltud that he decoyed
WImii Mary Chamberlain, tha school
teacher, to Hie point near Shady llend,
where she was "tarred" August 7 last,
lie asked that he be taken Immediately
before Judge Dallas Glover and be per
mitted to enter a plea of guilty. This
mas done. Sentence was suspended until
iter the trial of the other accused men.
Ricord has been in Jail" here for the
last three months awaiting action on an
appeal from a Justice court's sentence of
one year for complicity In the attack on
Miss Chamberlain. He was the first man
arrested In connection with the "tar
party" case. It la allesed he was given
15 for his part in the affair.
According to Miss Chamberlain, Bhe
accompanied Ricord on the nlsht of the
attack under the Impression that he was
taking her to a dance... Klcord expect!
leniency as a result of his confession.
Attorneys for both ldp. in the case
pant the greater part of today collecting
witness und evidence to be used to
morrow, when the application for change
of venue of Kverett G.' Clark, accused of
leading the attack on Miss Chamberlain,
omes up for hearing. Clark contends a'
prejudice exists against him In this
Many witnesses-are to bo called to
morrow. Among them are several- news
paper men. The defensa asserts that
many newspaper reports the affair
were highly colored aprV' this tended to
prejudice the public Jtatud gainst Clark.
It U further charged 'that Prosecutor
McCanlets forced Edward Ricord to
give a reporter an interview, ' bringing
the prisoner from the Jail late at night
for that purpose.
Opinion is divided as to how long It
would take to obtain a Jury In this
county should the motion for a change
of venue be overruled.' By a recent de
cision of the Kansas supreme court wide
latitude Is permitted . In .jury selection,
It being h(jia that a man who lias
formed an -opinion in a case from read"
lng newspaper reports of it Is not nooes
sarily disqualified to kit on a Jury.
Sympathy for Men.
Sentiment in the case is not wholly
wllh Miss Chamberlain. " Fi lends of
Clark and the eight other defendants
have been very active In creating sym
pathy for tho accused .men. Judge
('.rover has announced his Intention of
holding night sessions.
Interest In the case centers ubout
Clark, wu Is wealthy and Influential.
It Is generally considered that the fate
of the eight other defendants, who are
less widely known than Clark, "Will de
pend largely upon the outcome of his
case. Clark is quoted as having said he
will spend his entire fortune, If neces
sary, to' avoid Imprisonment.
GIVEN INDETERMINATE TERM
M1NNF.APOLIS, Nov. 15,-Fred A.
ttrtggs, Minneapolis politician, was aen
tei ced ti; an Indetermlnato term in the
ntuto prison today, having been convicted
of robbery for planning the holding up of
Martin Brennan by Jerry McCarthy, alias
Tom Hutch, a Minnesota .and Iowa
bandit. McCarthy later was killed by
Patrolman Olinger, after the policeman
had received wounds from which he,'
For NebraKa Unsettled.
For Iowa Snow flurries tonight; warmer
Temperature nt Omaha Yenterl .
7 p. m 21
s p. m u
. Local Hrrarat.
1911. 1910. 1909. 1301
. ;.i :tj m 4.".
' liigl.st yesteiday.
. v :i5 a)
Precipitation "0 .00 :.
'1 eir.peratures and precipitation
partures from the normal:
efUiency for the day
Total excess s.nce March 1
No.nmi precipitation 14 lm ii
lefllency for the uay (Hindi
Total rainfall since March 1. .13 VJ Inches
JJrfW lcncy since March 1 14. SS inches
Deficiency for cor. period, 1910.14.21 inches
lixces for cor. period, 1909 Z:m inches
Meporta from blatlona it T I. Al.
trw. r.r Br a- m M
prutui.t g a. m ji
AdrtiiDf J 7am 21
In the Ron to I B tn 20
. rrf3. 9 ni
C jrtil- '0 rn 4
Tf ! . 'V- U a. m lis
??-J 12 m :
S -'Mr 1 p- m so
'WlT1' 2 p. m 32
nTi 3 P. m w3
4 p. m -M
I p. ni si
r-" 8 p. m 2-1 !
Station and Temp. High- Raiu-
Htate ot Weather. 7 p. m. est. fall.
Cheyenne, pt. cloudy ,v f. .00
Davenport, clear -t ,10 T
Denver, clear M 60 ,0a
Ds Moines, pt. cloudy -S : .nu !
Dodge City, clear W 70 .in
i.uii'ler. cloudy 4X 61 .On
North Platte, pt. cloudy.. 42 M .0)1
Omaha, clear XI 84 .00
Puablo. clear 6.' .0)
Rapid City, cloudy Xi 46 .(
halt I.ane city, cloudy ... 6-' M .(1
Santa 1, clear 40 Rj .(n ,
hlieridun, snowing SJ M Ml
Sioux 'lty, cloudy i ; .
aieiitinn, pt. cloudy KS fpO .ou
V Indicates trace of precipitation.
1 A. Wh-LSll, Ducal Forecaster.
Coyote Pack Chases
Party in Buggy for
Miles, Over Prairie
MEADE, Kan., Nov. 15. A pat It of
coyotes, which are ordinarily afraid of
man, chased V .A. Norrls and two women
relatives fot several hours across the
pratrtrs near here lust night. The party
was driving home from here In a buggy.
A large amount of fnsh misut was carried
In the vehicle and It Is supposed this at
tracted the ai.lmais.
All the coyotes did not beln to follow
tho party at one time. At first there were
only a few in the pack. Then several
larger animals Joined the band, and soon
some of the bolder and hungrier ones
dashed at the horses. Norrls leaped from
the buggy and struck some of the animals
with a whip. To his surprise, they turned
on hlin and showed fight.
pe ng unarmed, Norr s was badly fright
ened, lie managed to return t j tha buggy
sent unharmed, und then lathed his horses
Into a gallop In an effort to escape the
hungry pack. The coyotes proved good
As a last resort several chunks of fresh
meat were thrown out to the animals
and this checked the attack until the
party leached a town.
Owen Makes More
Dr. Wiley's Enemies
KANSAS CITY, Nov. 13. United States
Senator Robert L. Owen of Oklahoma
created a sensation at today's session of
the Transmlssissippl Commercial con
gress, when he declared he had every
reason to believe that the Mime people
who fought Dr. Harvey W. Wiley, chief
of the bureau of chemistry, were now
furnishing money to' oppose the move
ment looking to the establishment of a
national department of health.
Senator Owen had delivered a set speech
strongly urging the necessity for the new
department. Finally he departed from his
written address to assert that vast sums
of money were being spent by those
antagonistic to the Idea.
"I have every reason to believe," he
said, "that this money is being supplied
by the same people who have, been manu
facturing Impure drugs and foodstuffs
to fight Dr. Harvey W. Wiley."
Senator Owen's remarks were applauded
and at the conclusion of his speech a
resolution endorsing the move to create
the proposed department of health was
presented and read. Action on the reso
lution will be taken later.
General Strike in
Torron Imperils the
TORHON. Mexico, . Nov. 15. A general
strike has been declared here, resulting In
a serious condition. : The bakers have
JoTped the movement and a bread fsmllo
is llea taped;, house servants ace quitting
their places, while the market place has
been closed and no street cars are run
ning. Five "thousand workmen, Including
smelter employes, are Idle. A thousand
federal soldiers are on the way here from
F.L PASO, Tex., Nov. 10. The with
drawal of 800 federal troops from Torron,
Mexico, leaves Americans there in great
danger, according to a telegram received
from Torron by a local business man to
day. The message urges that the govern
ment at Washington be notified that
Americans tn the Mexican mining city arc
In constant peril from the thousands of
native strikers whose sentiments are
declared to be violently anti-American.
Allen Says America
Behind in Aviation
WASHINGTON, Nov. 15. With an
underlying air of bitterness Genera!
James Allen, chief signal officer of the
army, delcares in his annual report that
although the I'nlted States was the first
nation to recognize the aeroplane for
military purposes, and carried out the
first official test of that Invention at
Fort Myer In IS, such phenomenal
progress In this science and has been
made abroad that this country "has been
left far behind in securing practical
equipment and organization fur the use of
this Indispensable adjunct to war."
Failure to find the necessary officer to
be trained as aviators and lack of funds
are said to furnish the explanation for
General Allen says the most notable
progress in military aeronautics hus been
accomplished by France, Germany and
England. The French havu perfected a
particularly effective aeronautic corps,
which was thoroughly tried out with
twenty aeroplanes In recent army
Up Postal Deposits
From a Staff Correspondent.)
WASHINGTON. Nov. 15. (Special Tele
grain. I The postal suvlngs bank division
of the 'ostofftce department today de
cided upon the percentage of postal sav
ings accumulat'ng in the Omaha po. taJ
bank which shall be allotted to the five
bunks which have qualified as postal Lunk
dcsopltories. , The names of the banks
and the percentage each will be allowed
of the total deposits received follow: City
National, 11 per cent; Corn Kxchunge
National, T; First National, ill; Merchants
National, 21; I'nlted States National, Ti.
IN SESSION IN NEW YORK
N KW YORK, Nov. 15.-The trustees of
the Carnegie foundation held their an
nual meeting here today and later Mr,
Carnegie Joined them at luncheon. The
trustees Included the presidents of twenty
leading colleges and universities, with a
sprinkling of bankers. It was announced
that Mr. Carnegie had turned over to
the trustees II.C'jO.OUQ In S per cent bonds
of the I'nlted Slate) Steel corporation,
the first Installment "f the gift of I5,"0n.
OK) which Mr. I'arnegl c.'fercd to the
foundation In March, liM.
CITY OF NANKING
Rumor that Manchu Troops Have
Been Driven from Their Stronjr
hold on Purnle Hill.
PREPARE TO MARCH ON PEKINu
Commander Li Yuen Heng Calls for
Volunteers to Join Amy.
YUAN SHI KAI THANKS THRONE
Note in Official Gazette Indicates
His Acceptance of Office.
FOREIGNERS ASKED TO KEEP OUT
Republican Government nl Amoy
Addrra.ira ote to Consols Re
questing' 'Ihrni n He
rn In Neutral.
SAN FRANCISCO. Nov. 15 -A Hong
Kong cable to the Chinese dttily paper
here today says that Nanking has been
captured by the revolutionists.
Commander Ll Yuen lleng, accoiding
to tho dally papers' advices, has tele
graphed to Canton asking for an army
to Join his forces for an attack on
Peking. Foreign guards, the dispatch
said, had been withdrawn from Canton.
The virtual acceptance of the premier
ship of the Chinese government b' Yuan
Shi Kal the significance of which has
been variously Interpreted, does not Indi
cate that the revolutionists will consider
any proposition or compromise which In
cludes the retention of the throne of the
This in made plain In a cablegram re
ceived today from Shanghai, where Gen
eral LI Yuen Hueng, the rebel ; com
mander, through a personal report Issued
a statement reiterating In no uncertain
terms the declaration that the revolution
ists will consider no terms of peace while
the Chinese sceptre Is In the hands of a
Yuan Xhl Kal Accept.
PEKING, Nov. 15. The most important
development at the capital today was the
publication in the official Guitctte of
Yuan Shi Kal's expression of thanks to
the throne for Its appointment of him as
premier. This is legarded as tantamount
to his acceptance of the office.
That arrangements are being made for
the possible retirement of the royal
family to Je-Hol, Is believed, following
the publishing of an Imperial edict simul
taneously ordering Pu Ting, the tartar
general at Je-Hol, the emperor's summer
residence, to vacate In favor of Hsl-Llaug,
formerly viceroy of Manchuria, a trusted
counselor to tho throne. This step will be
taken only as a last resort, however, as It
Is generally felt that should the 'Court
leave Peking the throne would be lost
forever to the" Manchu dynasty.
The provincial assembly of Nehl IJ to
day adopted a memorial to, the throne,
favoring the establishment, of a republto
with Yuan Shi Kal as president. The
assembly- tias been accused -of ..inaction
and It Is possible the move Is only a
pretense at doing something.
AMOY, China, Nov. 1&. The republicans,
who took formal possession of the city
yesterday, have Issued an address to tha
foreign consuls, In which the neutrality
of the hitter Is requested and assurance
given thut their consulates and their
property, Including tho churches, will be
The city remained quiet today. The
American cruiser Saratoga and gunboat
gulros will sail for the north. The
British cruiser Monmouth Is relieving the
British sloop Rosurio,
Hal Cheng, on the main land, southwest
of Amoy, has gone over to the revolu
tionists. The city magistrate has been
made a prisoner,
Chang Chow, twenty-four miles west
of here, reports fighting there.
Word conies from Tsuan-Chow, a sea
port fifty miles northeast of Amoy, that
tho locul officials have fled and the rough
element Is In control.
Will Hrnd Troopa from Manila.
WASHINGTON, Nov. 15. The Slate de
partment has practically decided to send
u regiment of troops from Manila to Chin
Wing Tuo, a seaport In China about 2'0
miles from Peking on the gulf of I'e
Chibi. Tho purpose Is to perform an In
ternational duty under the 13oxer treaty
In keeping open the linn ofoominunlcation
between Peking and the sea.
One Line in a Song
Brings Down Wrath
(From a Staff Correspondent.)
LINCOLN, Nov. 15. (Special Telegram.)
As a result of continued complaints
UKcinst the uctions of university boys In
singing the old-time college favorite,
"Hull, hall, the gang's all here," etc..
Chancellor Samuel Avery today Issued an
older warning undergraduates that they
would he liable for expulsion for partici
pating In such disturbances.
Jfhe trouble arose over tho actions of
the university boys at a recent show,
when the gallery of college men Intro
duced a trifle too much college element.
The management of th theater c.om
pluin.d to tho chancellor. Hu said he
('Id not care how much the boys yelled
and sang songs 0 long as they eliminate 1
the words "What the h-l do we care."
Shot from Ambush
CHATTANOOGA, Tcnn., Nov. in. Pres
ident W. 1JV Hrock of the Chamber of
Commerce wus shot and painfully
wounded while, on his way up Missionary
Ridge lust night. Four charges from shot
guns were fired at him, many of the
shots taking effect In his head and back.
His uutomobilii was literally riddled.
Pomkcs are searching for four men, each
with a shotgun, seen on the road.
DEER KILLED BY HUNTER IN
DULUTH BUSINESS DISTRICT
M'M'TIl, Nov. 15. Harry Olson and
F.nith Collins, - two Duluth youths,
brncght down a 2MJ-pound buck on Com
monwealth avenue today. They had been
hunting near the city and had chased the
animal until th.y killed it In front of an
v' V , ll U I
From the Cleveland Plain Dealer.
NEW PLATTE BRIDGE OPENED
Omaha Boosters Join with Platts
mouth Men in Celebration.
NEARLY SCORE OF AUTOS ON TRIP
Connecting- I. Ink on Uiiinha-Kauaaa
City Good ltond Completed and
Cltlaena from Wide Terri
tory Help Jubilate.
Omaha good roads boosters Joyfully
stirred the atmosphere at plattsmouth
yesterday afternoon and evening. They
went down over tho road that has been
roughly laid out to connect wllh the new
bridge across the Platte river near Ore
a polls, giving a short route Into Platts
mouth. Almost a score of automobiles
loaded with Omaha men and women
made the trip, and they turned loose In
tha Cass county metropolis enough optim
ism to give, a very substantia! Impetus
tq the newly awakened spirit of progress
now apparent in the. old town down the
; Tha now bridge Is now open for travel
and Messrs. Pollock ami Duff, the pro
moters and "bulldtru, had declared It free
t all for the day. Thfoccaslon. look on
the nature of a holiday for the people of
Plattsmouth and the surrounding noun
try and they assembled in the town In
large number. About everybody who
had an automobile or' a team made the
trip out to the new bridge and went over
the structure and back, for good luck.
Hrltlae Fine Utrnctsre,
The bridge Is a solid, well built piece
of work. Nothing remains to be done
except to finish some grading at either
end and complete the toll house of the
bungalow style nt the Plattaniouth end
Toll will bo collected from now on and
will be paid willingly by the people of
Sarpy and Cass counties and by auto
moblllsts, since It affords a short cut
and makes the -connecting link for the
proposed Omaha-Kansas City good road.
Plattsmouth expects to profit largely by
the opening of tho bridge and every live
citizen of the place Is relolclng over th?
completion of the bridge.
When the Omaha delegation had ar
rived, shortly after 2 o'clock, the main
atrects of Plattsmouth presented a llvelv
siKctucle and things began to hum. T.
Herbert Pollock and Ralph A. Duff, the
men who built the bridge, had the as
sistance of the Plattsmouth Commercial
club, the F.lks and other citizens In mak
ing everybody welcome. Lincoln had als
sent a small delegation of cltloens and
men Interested In good roads were present
from about every town within fifty miles
of Plattsmouth. Nebraska' City, where
Mr. Duff resides, sent a traluload. ac
companied by a band. After the crowds
of automobile had been lined up for
pictures the throng wus headed for the
opera house, where a meeting was held
to permit the good roads enthusiasts to
t'rlrbrallon at Plat (smooth.
PLATTSMOUTH. Neb.. Nov. 15. (dpe
lal Telegram.) Tho celebration of tho
opening of the new 'ollock-Duf f motor
bridge spanning the Platte river north
of this city was In charge of tha Platts
mouth Commercial club. President T. 11.
Pollock presldud at a meeting held In
the Parmele theater this afternoon which
organized the Omahu-Kunsas City, Kcenic
Highway association and elected officers
to the same.
S. A, Hearlr, president of the Oinaliu
Automobile association, was made presi
dent, and R. A. Duff of Nebraska City,
Colonel J. J. Derlght of Omuha and J. C.
Gibson, president of the Atchison (Kan.)
Automobile assuclatlufi, were elected "vies
presidents. J. C. Howe of Auburn was
elected tecretary and treasurer. t There
Is to be an executive committee of one
member for each town and city through
which the route runs.
Tho meeting was attended by about 150
good roads boosters from Omaha, who
came In autos, and formed the first pro
cession tn cross the new bridge. Dele
gates were here from nearly all of the
towns between plattsmouth und Kunxus
Aucircnaea were muue by Harry I.ottrle
of Omaha and ex-Mayor W. A. Helllck
of Lincoln. Mr. I.iiwrl. iniiffrBtnlui-l
the business interest of Omaha and
Plattsmouth on lhe opening of the
bridge and commended the enterprise and
grit of the two men respoiiMihle, Messrs.
Pollock slid Duff, for the results ac
complished, saying that It not only In
creased the territory for Omaha busi
ness, but opened a way for the farmer
of this territory conveniently to reach a
larger market for his produce and live
atock. He clor'd by moving a vote of
(Continued on iSeccnd Pace )
"Now I Wonder What John Will
Claims the Title to
ATCHISON. Kan., Nov. 15. Mrs. F.llzn
beth Atchson of Sidney, N. H. V In a
letter to Mayor Walker of this city,
r .-reived today, claim owner.-hlp of Atchi
son and all that Is In It. The land upon
which the city Is built before tho "Louis
iana luu chase," she says, was glvett to
David T. Atchison, of whom she asserts
she Is u descendant, for his valiant nei v
Ice nt the btttle of Waterloo.
The Atchison heirs, the Australian wo
man declares, have perfected their plans
to carry the case Into the courts of this
country and Kngland. She states that
this city was named for her ancestor of
Waterloo fame, but In this she Is mis
taken. The city was named for Senator
Dnvld II. Atchison of M1hiouiI. ,
The battle of Waterloo was fought
twelve years after Louisiana was pur
chased from France by the I'nlted States.
. Compensation Act -
is Declared Valid
MADISON. Wis., Nov. 15. Thousands
of Wisconsin corporations which have
been waiting on the court's decision In
tha mutter of the workmen's compensa
tion law, will, according to Information
In the possession of the state Industrial
commission, shortly announce their ac
ceptance of the conditions of the new
1'ndtr tills statute "the wounded sol
diers of Industry" will receive compen
sation Without being required to take
their cases Into court.
Says Vice Will Grow
Till Business Ethics
CHICAGO, Nov. 15 "I'ntll there
comes a readjustment of business and
political ethics that brings back some
semblance of honesty, vice and Immor
ality will continue to increAse," declared
Mrs. Kate Weller Barrett, acting presi
dent of the National Council of Women,
now In session here.
Mrs. Uarrett wus taken III during the
Murdered in Chicago
CHICAGO, Nov. 16. An unidentified
man found In a switch shed on the Rock
Island road n-ar South Chicago, as a
result of a mysterious telephone call. Is
believed by .he police to have been mur
dered. John McCarthy, a saloon keeper, told
the police that the inun had been found
unconscious In front of his raloon and
had been carried, still UvIiik, to the sued,
In which a number of railroad employes
were hitting. After the telephone call
when the police reached tho shed tho
railroad men had left and the body was
GAS COMPANY CHARGED
WITH DECEIVING JUDGE
CHICAGO. Nov. 15.-Charaes that the
People's Gas, Llaht and Coke company
had ohtalir d a temporary Injunction
against the city from Federal Judge C.
C. Kohlsaat by "misrepresentation"
were made from the bench today by
Judge Scanlau 111 the circuit court. The
misrepresentation, he said, consisted in a
misstatement of a decision hu hud ren
dered In the aas caxr.
Judgo Scat lan anked the city to seek
a dlKHoliitlou of the Injunction from the
I'nlted States circuit court end declared
that be believed Judge Kohlsuat would
dissolve the Injunction hen he Icurued
he hud been deceived.
CHICAGO EXPRESS DRIVER
BEATENUPBY TWO MEN
CHICAGO. Nov. 15. Tivo armed ni'.n
forctd a driver of a Wells-Fargo express
wagon to drive Into a dsrk alley today
and broke open a safe being hauled to
A railway station. When they found It
empty thev beat the driver unconscious
and escaped. The driver anil wagon were
found later by a policeman
ALDRICH ON jMES' RIGHTS
Nebraska Governor Addresses Trans-
WOULD LIMIT MINOR COURTS
F.xerullve "-naaeala Hint Appeal to
Federal Courts on Trnfflr Mat-
lrr He Made front state
KANSAS CITY. Mo., Nov. 15-Today
was "Governor's day" at the Transmlssl
sslppl commercial congress, three state
executives Harmon ot Ohio, Aldrleh of
Nebraska and Htubhs of Kansas-address
ing the delegates. ( In addition. United
States Senator Robert L. Owen of Okla
homu delivered an eloquent plea for tho
conservation of the nation's health and
the establishment of a government health
Governor Aldrleh of Nebraska, In his
address concerning, the right of tho
states to control Intrastate traffic rates,
laid down some lundamehtal propositions
upon which to base his arguments, lie
showed tha faU and figures that In
tha case of the fixing and establishing
rf passenger and freight and; express
tea in hl ow state that the railroads
and commo'i carrier war on' a mora
prosperous business basil today than
ever before, that they had declared larger
dividends than at any prior tlmo and
that the relations between the public
and tho common carriers were friendly
and confidential and thut If this situa
tion was changed and the old bitterness
should be renewed, the minor federal
court", which ure continually Interfering
with etsto law, alone would be respon
sible. He charged an unwarranted as
sumption of authority on the part of
minor federal courts In nullifying stati
government and as a remedy to thesi
abuses suggested tho following:
Woold' Limit Minor Federal Coarta
"Let congress pass a luw limiting the
Jurisdiction of these minor federal courts;
take away from them tha authority to
enjoin state officers from the enforce
ment of state statutes. This would give
each st.ite supreme court original Juris
diction In applications to enjoin the en
forcement of a stat law; let tho ap
peal go directly from the state auprema
court to the United States supreme court.
In this way, the well known abuse of
ex-parta heurlng for '-the purpose of
nullifying slate laws on the part of this
minor federal judiciary would bo done
"Congress, by (iat. He, created thess
courts, gave them the jurisdiction which
they now enjoy, and congress has the
right, of course, to limit this Jurisdic
tion. riio (upreme court of the United
States Is largely an appelate court, hav
ing original Jurisdiction only in cases
affecting embassadors or other public
ministers or consuls and thusu In which
tha slate shall be a party.' In all other
matter1) tin I'nlted States supreme court
has appelate Jurisdiction with the ex
ception and under such regulation us con
gress shall make.
Uiitrrnmrnt by Injuuctliin.
"This court has many times held that in
the Uehliun of restraining state officers
from enforcing state luw, thut the stale
officers were not a part of the state to
avoid tiie proposition that a statu cannot
he sued and have allowed statu officers,
as Individuals, to be enjoined. Then, If
(his icmcdy tthlch 1 suggest should bu
carried out, government by injunction lin
so fa i- us the enjoining of slate officers In
the enforcement uf a slate stalutu Is con
cerned, wuuld be dona nv.uy with.
"The greatest abuse In 'government by
injunction' generally is to be found in the
wllllngnufs of tiiese minor federal courts
to enjoin state officers in tho enforcement
of a slate statute when It has to do with
the rixulation of a public service corpora
lion. For a great many years last past
these courts have so effectually Interfered
with the litiht of the state In regulating
rales for transportation of persons und
properly that the- stute truffle In this re
gard has been placed wholly at the mercy
of the common curriers und they have en
Joyed piuctlcully no regulation hut
ever." Sutihoru IICfisifMi nuljaed.
Then the governor look up the famous
Sanborn decision in the recent Minnesota
rate rase und unalyzed the opinion care
fully and minutely, following the same
line of argument thut be did at the gov
ernors' conference, und concluded ua fol.
"And in couiijdlng my remarks on this
Sanborn deciti.u, I say, first, that It Is
unjust and unsound.
"Si cord, thut It has failed to look into
(Continued ou fuge Two.)
OIL STOCK READY
SUndard of New Jersey Will Now
Divest Itself of Its Subsidiary
BASIS OF THE DIVISION
Holders Get Proportionate Interests
in Smaller Companies.
IAROE FRACTIONS THE RULE
Company Will Be Maintained and
Do Business in New Jersey.
FINAL DIVIDEND DECLARED
Pnrmrnl of Print Hollars n Share
Will llo Paid Itefore Formal Pl
antation f lreanl Form
of f orpnratlon. '
NEW YORK. Nov. 15-Plnns for Hie
distribution of stock of the thirty-four
subsidiary companies of the standard
Oil company of New Jersey to conforn
with the mandate of the I'nlted States
supreme court were iimde public today.
The basis of distribution was deter
mined by the capitalizations of tht
Standard oil company of New Jersey
ml lta subsidiaries. Thus In the caso
of the Atlantic Refining company, a
holder of one share ot the Ptandanl
Oil company of New Jersey atock, re-
celve a proportionate Interest In the
capitalisation of tho Atlantic Refining
company In thU case )999i-9S.'WCds ol
The slocks, with the exception of tho
stock of the Anglo-American Oil com
pany, limited, will he ready for distri
bution on December 1. The stock of
the Anglo-American Oil company vJIT
be distributed later.
The Standard Oil company of New
Jersey, having divested It self of lta sub
sidiaries, will be maintained In Its pres
ent corporate form with the sume of
ficers. Colonel Oliver H. Hsyne haa re-
signed as director of the Standard, as
he has not been active In the company's
affulrs for some years past. His suc
cessor hns not been chosen.
I inn I IHvldrml Declared.
Tho Standard Oil company of New-
Jersey today declared a dividend for the
last quarter of the year of 17 a nhare.
Tlil. la ll,n faal rilv'trieiu! lit he Hoc In red
before the company dissolves under tho
mandate of the supreme court.
The Standard Oil company of New
York also declared a dividend ot $-t a
share, which Is equlvelent to a dlvl-
uenu Ol .uu a inure oi mo manual u.
OH company of New Jersey.
Since the Standard Oil was given cor
porate form In 1HS2 It has distributed
about 1761.000,000 In dividends.
lUPl.tll U lAHII 911 HI' Ul.l,Alt.U
Independent Dealers Will Appeal la
NEW YORK, Nov. TBS riling today
by the Independent tobacco dealers' of a
petition to Intervene In tho government's
dissolution suit against the tobacco
tMist makes certain an appeal from the
plan to the United States supreme court
and may delay the disintegration of the
trust, In the opinion of counsel in the
Should the Independents' petition be
granted by the circuit court the case will
bo taken to the supreme court by the
Protestants, who would then be parlies
to the suit.
Door Nips Dog; New
Face in Dog Heaven
Ueribboned poodle dogs In leush and
the patent revolving doors In the federal
building do not mix. or rather they do
mix, but to the disadvantage of the be
ribboned poodle. Mrs. 1. A. Plerson, wife
of a Council Hluffs real estate dealer.
found this out to her sorrow when she
entered the postoffice yesterday dragging
her pet behind her.
The dog was not educated In th opera
tion of the revolving storm doors and
attempted to squeeze In with his mistress.
He got his head in the compartment Just
as a man gave the door a hard shove
from the Inside. Rystgnders who (isard
the swan song emitted by the dog in tho
form of a long drawn out howl knew that
the St. Peter of dog heaven had opened
the gates for another dog soul passed
from this life. It wasMhought that Its
neck was broken. '
EDWARD HOGAN GIVEN
SIX MONTHS FOR PERJURY
CHICAGO, Nov. l.r..-,F.dward Hogan,
proprietor of JJIogun's Flat," a rooming
house notorious In the downtown district,
today was sentenced to six mouths In
the county Juil for giving ulleged perjured
testimony regarding lodging house affi
davits filed with the election board.
Hogan swore to the Identity of men
whose names were given as residing at.
his house. Fifty other lodging houwo
keepers must face churges.
Tickets to Ameri
Boxes of O 'linen's Candy.
Dalzell 'a lee Cream Bricks.
All are glveu away free to
those who flud tUuir names la
tho waut ad.
Head the want ads every day;
your tittuia will appear so mo
time maybe more than once.
No pintles to colva uor sub
scription to get Just read tbe
Turn to the want ad pages
there you will find nearly every
business house In the clijr It
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