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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 19, 1911)
PAGES 1 TO 12
VOL. X LI NO. 22.
MAKE BEADY FOR
Imperial Outposts Withdrawn and
General Chang's Forces Within
the Besieged City.
REBELS ADVAKCIKG TROOPS
Attempt to Carry Place by Storm
PREPARE3 FOR LONG CONTEST
Viceroy Reported to Be Provisioning
Against Long Siege.
HANKOW FIGHTING CONTINUES
Both Sides Lose Three Hundred
Killed in Engagement.
ILOT TO ASSASSINATE YUAN
Hnmora from Tuklo that Attempt
Will r Made t Kill New
Premier American Or
dered t Porta.
CHINKIAKQ, China, Nov. 18.-6 P. M.
Thft expected great struggle for the pos
session of Nanking will not be long de
lated. Kunners returning here report
that the Imperial outposts have been
withdrawn nr.d General Chang's army is
now within Nanking.'
The revolutionists will advance tomor
raw and concentrate 8,000 of their bCBt
troops and several rapid-flro gun at
Lung Tan, twenty miles from Nanking.
At the same time the rebel fleet will
move up tha Tang Tsex river. The at
tempt to storm Nanking will follow at
The revolutionists are rushing troops,
guns and ammunition up the railway
line as far as this city. Nanking la cut
off from communication with the out
side except oy wireless ana river uuin.
Sensational rumors are current to tha
effect that the imperial forces are being
weakened by desertions, but this is not
General Chang, who Is strongly en
trenched on Purple mountain. Is said to
be provisioning against a long siege. A
wireless messugo from Nanking today
said that all was qulot there., j. .
Tho Hrltish consul at Nanking remains
within the city without a guard. ' The
American consul. Wilbur T. Oracey, with
his effects, went to Shanghai on the
American torpedo boat destroyer wrrr.
V' jTUe,Amjla.WriliSe 'Arbanyr with
Jtar Admiral Murdock on board, remains
at anchor here. Fifteen vessels flying
the rebel flag also are here.
Wireless report from Hatikow. state
that the fighting continues there. Today
there was a sharp engagement, during
which both sides lost a total of S'JO
killed. Several shells dropped Into tli
loreign concessions, out no uuo mciu w
Plot to Assassinate Yaan.
TOKIO, Nov. 18. Private and reliable
intelligence from Peking is that thers
Is a strong conspiracy among ' the
. Chinese to assassinate Yuan 8hl Kal.
1 Press' comment upon Yuan' Shi Kal,
however, Is generally favorable, though
there m doubt of his success In view of
the formidable difficulties confronting
him. A feeling prevails that he Is the
only person who can cope with the sltua
Americana Ordered to Ports.
. IX N DON, Nov. IS. Cable dispatches
from Tien Tsln today announce that the
American minister has Issued per
emptory orders to all Americans In the
Interior to take up their residence at
uuce In the nearest port.
' Consols Take t hare at Amor.
A MOT, Nov. 18. The foreign consuls
have assumed control of the Imperial ous
ts ins and tlre postofflce. Several days be
fore Amoy declared for a republic the
Imperial authorities became Ineffective
and the consuls refuse to recognise the
provisional government pending confir
mation of Its authority from Foo-Chow,
the capltul of the province.
The revolutionary forces are recruiting
rapidly and detachments of ptcksd men
have been sent to the Interior of the
province to restore order.
Speeches from Chang Chow today are
that. the factions have reached an agree
ment and the fighting has ceased. Tho
casualties are said to have been fewer
tl.an was first thought.
PEKINU, Nov. JS.-7:T5 P. M Premier
(Continued on Second Page-)
FOR NKBRAKKA Fair, not much
chunce In temperature.
FOH IOWA Unsettled, warmer north
Temperature at Omaha Yesterday.
Tti tnarehsst i
It th. j
5 a. m S2
S a. m so
hvor ts suodt."
7 a. m 31
8 a. m 29
a. m 2
10 a. m jri
II a. in i
U m 31
1 P. m 32
S p. m At
S p. ni 30
4 p. m 12
R p. m ut
6 p. m m
1 p. m 31
Comparative Local Record.
101 L 1910. ISO.
Highest yesterday ;;S M 44 71
.o-st yesterday Z) il 14 47
Mean tvmperalure M M it
Precipitation lti .O) An .00
Tempeiatiire and precipitation depart
ures from the nuiuial:
Normal teinjieialure 3
liefliiencv fur the day S
Total excens since M.irch 1 As)
Normal pnoi natiun 03 Inch
Kxoess fur the day 13 Inch
Precipitation nine March 1 13 27 incluts
deficiency since March 1 14.79 ln In-d
Ix-ficlency for cor. period. 1K10.1 ! .30 IncheK
xtesa for cor. pcrind, IM S.4liichs
1 A. WLLbil, Local f orwr.
TNLY ALL EU
Prominent Mexican is Charged with
ANOTHER REVOLUTION PLANNED
Letter Printed linparcial Says
Matfero Is forsaking Principles
Which Enubled Hint to
SAN ANTONIO, Tex., Nov. lS.-General
Bernardo Reyes was arrested today by
a United States marshal hero on the
chart! of violating tho neutrality lawd.
The arrest was made in pursuance of an
indictment returned by the feaerul grand
jury, now sitting ut Laredo. i
Plans for ttevolutlon. I
MEXICO CITY, Nov. IS. A revolution
wHereby .he would overthrow President
Madero and place hmself In the presi
dency Is outlined In a letter from riau
Antonio which the Imparcial has re
ceived from Emtlano Vasuues ' Gomez,
who retired from the cabinet last August
on . the request of Provisional President
De La Borra.
Gomez would declare the October elec
tions void, dissolve congress and estab
lish the Ideals uponwhU'h-the last revo
lution wa fiunUed. ' ' .. ""'
He said 'Vfe-plan U not one of ven
Ceatice. but only for the salvation of ths
revolutionary principles which their for
mer exponent la .brr the point of disavow
.The letter 1 dated from San Antonio.
flastro's Band of
LONDON, Nqv. . 18. The Venezuelan
consul here received cable advices from
Caracas Informing him that ex-President
Castro, at the head of a body of revolu
tionists, has met with a disastrous de
feat near San Cristobal.
Castro's whereabouts has boen a mat
ter of uncertainty for several months.
The Venezuelan censors have allowed lit
tle news of him or of the present revolu
tionary movement to sift through. Dis
patches from neighboring countries have
made It evident that a revolt of some
seriousness was either brewing or al
ready launched, but most of the advices
have carefully .insisted that Castro had
no part In the proposed uprising.
The most recent news on tho subject
came from Wlllemstad, Curacoa, on
Thursday last. This was that Castro
was residing on his estate at Cucutu,
Columbia, on the Venezuelan frontier.
Cucuta Is less than fifty miles from San
Crlatobol, where Castro's defeat Is re
WIDOW'S SUMS AGAINST
SALOON KEEPERS SETTLED
IJTCHFIELD, 111., Nov. 17.-Mrs. J. K.
Warden of this city announced today
that the suits of herself and her aons, 1
Carl and Clarence, against 110 saloon
keepers of southern Illinois for tlie death
of her husband, A. A. Warden, had .been.
settled by compromise. She declined to
say whether the saloonkeepers had paid
$16,000 to her, as has b'-t-n reported.
Mrs. Warden sued the saloonkeepers for
SiS.OOO and her sons Bued for JJt.OuO. The
ground of action in both suits was that
the defendants, tho saloonkeepers, had
sold liquor to Warden 'and had caused
htm to become a habitual drunkard, In
consequence of which he became dlxeaacd
and died. The cases were to have be.en
tried at the November term of the Ill'ls
The defendant saloonkeepers had
formed an organization, and It is under
stood that they all contributed pro rata
to the settlement.
THREE VAIL CITIZENS GET
IENISON, la., Nov. 18. (Special.) The
town of Vail, located the next station
east of here on the Northwestern, is muvh
stirred up over evidence.) that some one
Is trying the "black Hand" to obtain
money from farmers, A letter was llrst
received by Andrew Harrington, south
east of town. In which H.iM) was de
manded. The letter was found on his
front porch and it was told Jilm to leave i
this sum on the porch on a certain night! riding In tlie car, with Borders permls
or his propeity would be destroyed aud'slon.
his daugiiter kidnaped. Later it was found
that a similar letter had been set Wil
liam Harrington. A Mrs. Gall-igher of
Vail was called upon to give up tJUu und.r
threat.' As two of the letters were mailed
in a rural mall box the United States
postal authorities have been called to
sift out the matter
OMAHA, SUNDAY MOliNINU,
ccvncll szvrrs "i zrjj&z ill let mr
TKT HEX. ITST. YOim UOW '
BLOODHOUNDS TRACE LETTER
Hurry to Home of Man in Solon,
Iowa, on Securing Scent.
FIND SUSPECT IN BED ASLEEP
Wraith;- . Farmer Itecinlent of Nn
memo lllncLbninl F.pUtles and
Kffectlve Meuns Taken to
SOLON, la., Nov. 18. Itloodhounds
today tracked to his home ' a man
wanted on tlie charge of huviiig sent
Black Hand letters to John J,. Adams,
a wealthy farmer living near here. The
hounds entered the houso und ciied
upon one of three men lying in bed.
The ' postmaster hero tills morning
found a letter addrcxKed to Adams In the
handwriting whi.-h l,nfl ..imraeter.
lzd gx oU)er thrtatcnlnK leU(.,., receVed
Ifls. Mnv ThB loM ,, ,,
to give the scent to bloodhounds, which
had been concealed here for ten days.
The hounds quickly made their way to
Dvorak's houKe smelled of a dek and
safe in the front room, and then bounded
into a back, bedroom where Dvorak and
Miller were' asleep. Officers from Iowa
City made .the arrest and the two men
were taken to Iowa Clty pending their
hearing.. . ... ' V
Since his barn was burned two weeks
ago, Adams. hasv received three Jgters,
each demanding S7.0UO,
American Troops tteadr. '
WASHINGTON, Nov. 13.-Commanders
of the American troops now near the
Mexican border today were ordered to
hold themselves In readiness to .proceed
immediately upon request front the proper
federal officers to enforce the nutrallty
law of the United State.
Teacher and Pupils
escape irom turning
House Through Wind
SIOUX FALLS, S. IJ., Nov. 18.-(Sp-
cltl.) Only a fractl)n of a minute's
time prevented the .serious Injury or
death of a number of the pupils of what
ts known as the Baker township county
school, in Kingsbury county. The teacher,
Miss Anna llingson, also had a nar
row escape. While school was In session
tho building was set on fire In the roof
of one end by a defective chimney. Un
aware of their danger the teacher heard
her classes without interruption. Tlie
tire reached tlie entrance and cloak room
before being discovered. The teacher re
tained her presence of mind and by her
aid the children were gotten out of the
bcrnlng building as speedily as possible,
some two or three running through the
flames at the burning doorway, the re
mainder climbing out of the windows,'
Miss Kllingson herself making her escape
in this way after all the children had
reached a place of safety. The flames
had made such headway in the upper
part of the building that the root fell
In only a few seconds after tho teacher
and pupils had reached the outside.
A few momen:s delay and they would
have been buried under a ma a of burn
ST. JOStPH MAN FA I ALLY
SHOOTS WIFE AND KILLS SELF
ST. JOSEPH, Mo., Nov. lS.-The dead
body of Frank Monk, 46 yearsold, lying
beside tho unconscious form of his wife,
was found In their bedroum by their 10-year-old
son when ho arose this morning.
Monk Is supposed to have shut his wife
and then committed suicide, as one of
ills hands held a revolver from which
two buHeta had been fired. The woman
was taken to a hospital and Is not ex
pected to survive.
The son says the shooting must have
taken place early last night, as he re
turned home at o'clock and went to
bed wtlhout seeing Ms parents, and ho
heard no shooting.
EXPRESS MESSENGER KILLED
BY MAN HE BEFRIENDED
Pa., Nov. 18.
Peter Hlshle, 21 years old. of Kingston,
...... .v...-..... n-w. t
I a., Ulnt iiai (cu AiiuiBu. Al um inv
United States Kxpresa service, was ar
rested at 3:15 o'clock this morning, for the
murder of Express Messenger Irvan O.
Borger. on the Lackawanna railroad, be
tween Taylor and this city, Ian night
llishie confessed t the killing. JI was
MR. AND MRS. W. J. BRYAN
SAIL FOR THE WEST INDIES
NE AVYOHK. nuV. 18. Mr. and Mrs.
W. J. Bryan sailed today on tho steamer
Prince Joaqului fur the Indies.
i - '
NOVEMBKlt 1! liMl SIX
Coming and Going in Omaha
Charges Between Missouri and Mis
sissippi River Terminals
AFFECTS CENTRAL WEST LINES
Order la Substantial Itenf I Irmatlon
of Principles I, aid Donu In the
WASHINGTON, Nov. 18.-Mutcrial re
ductions in clas freight rates but sen
Mississippi river und Missouri river cities
were ordered today by the Interstate
Commerce commission. These reductions
will make proportionate decreases In tht
class rates between Atlantic sea board
points- and the Missouri river cities, In
eluding Sioux City, la.
The reductions ordered, which must be
established before December 80, 1UU, are
from to cents a hundred pounds -on first
class traffic to Do cents, from 46 cents
to 41 cents on second class; from 33 to 32
cents on third class from 27 to 24 cents
on fourth class, and from 22 to 20 cents
on fifth class. An average reduction of
one und- one halt cants a. hundred
pounds Is made on the lettered classes
of freight,. ... ..-..,,.,-,.. ''jtf- v-
The coBimuislon finds that- the rates
"between tha rlvsrs,'.' tha Mississippi
And. Missouri are unreasonable and .dis
criminatory, particularly as to parts of
through ' rates from eastern points to
Missouri river destinations. Reparation
Is denied by the commission.
.The order of tho commlrslon affects the
rates and revenues of all ' trans-continental
curriers. It Is -a substantial re
affirmation of tlie principle of the order
In the Burnham-Hanna-Muiiger case, al
though the reductions are not so greut,
the commission holding In tho present
proceeding that as to the proposed In
creased rates, the carriers "have to some
extent sustained the burden of proof
cast upon them by the statute."
Western Itoads lilt Hard.
Local railroad freight men are not en
tirely clear on the decision of tho Inter
state Commerce commission. However,
taking the Associate Press report as a
basis for figuring, they are of tho opinion
that the roads have been hard hit and
that the linea operating between the Mis
sissippi and Missouri rivers will have to
stand the whole of the cut.
There Is no through rate between At
lantic seaboard and Missouri river com
mon points, It being mado up on the
sum of the locals. For Instance: The sum
of the locals between Atlantic seaboard
points and ;lio Mldila.il. ul river Is 87
cents per 100 pounds, first cIshs, while
between tho Mississippi rlvef and Mis
souri river common points it is 60 cents.
Thus the canter, i roads receive 87 cents
per 100 pounds for hauling freight l.&fw
miles, while the roads between tlie two
rivers receive 60 cent for hauling the
: ame commodities 3IM miles. However,
' I r.l tw h ii if 1 1 ... i. i .. .
a 61-cent rate between the two rivers.
All of the local railroad men admit that
If tho western roads are required to
absorb tho entire reduction It will hurt
them materially, as It will reduce their
revenue correspondingly. Nona of the
local men la certain na i, u. hu , d.uA
commission had uuder consideration when
me decision was made, but they are of
the opinion that It grows out , of tho
Byrne-ilamimr complaint filed a year of
GRANTED THREE LEAGUES
SAN ANTONIO, Nov. 18. By a vote of
25 to 3, the fight for special "A" classi
fication was won by the Pacific Coat
league, Eastern league and American as
sociation at the final tension today of
the National Association of Professional
ball league. Tha Western league, Three I,
and the Mink leaguu voted against it.
' Oilier action included the appointment
of a committee to obtain data for rmu
latliiyr players' salaries by fixing a max
imum, ltesolutlons were adopted calling
on tlie attorney general of the United
fttutes to devise means whereby pool
selling on base ball can bo stopped
THREE MEN Ant KILLED IN
SWIFT PLANT IN CHICAGO
CHICAGO. Nov. 18. -Three men were
killed and two injured In an explosion of
a rifilgiTatlng pipe in the laid house of
Kwift & Co., at the Union Stuck yards
llnrke (iom to Washington.
PIUKKK, B. U, Nov. 18.-(Speclal Tele
gram.) Congressman Uurke left t' day
; for Washington, having besn called bv
important committee work before th'
opening iyf the sesxiun.
.TOW. LLAQVZ & TWCTTAUTIZS CCXTEiVCS
DES MOINES CHIEF OUSTED
Police Department of Des Moines in
Y EAGER WILL NOT GIVE UP
Officer Ilrfnes to Undue When
loinuilwlonrr MaeYlear Klres lllut
Nfiv Appointee Refuses
(From a Btaff Correspondent.) .
DF.8 MOIN1CH, Nov. lS.-Bpeclal Tele
gram.) Another sensational turn came
late today in the Jugglery of city affairs.
Commissioner MacVlcar, In charge of the
police department, ordered tho discharge
of Chief of Police Yeai?er and the latter
peremptorily refused to lo removed. Mac
Vlcar alno uppjlnted Uelectlvo Jackson to
be chief ami Jackson refused to serve In
that capacity. MacVlcar f-ays he will
select another ninli for chief.
Y eager asserts he was appointed by tlie
council as a whole and Is not subject to
removal. MacVlcar plans to bring charges
of Incompetency against Yeager and Will
show that under his. administration there
has been little done to preserve the peace
and protect property. , . i '
. New , Paeklnar . oaipany. ,
Articles of , Incorporation will be filed
by the pes'Muluea Packing company,
capital stock 1210,000, which will take ovtr
the ' property and business of the Agar
Packing compwhy. The Incorporators ara
Joe Muelhaupt. John T. Agar, W. U.
Agar, etmun Casady, F. P. Mata.es, W
S. llnsard, Jr.. and J. S. Talbott.
Operations will be resumed at 'the Agar
plant by the new company on December 1.
During the period of tdloness the' plant
has been kept up and but fcW repairs will
be tieoesHiiry before the work can bsgln
again. The Incorporators announce that
the plant will be conducted on a conserva
tive basis and that the buying of stuck
will be confined to Iowa.
Turks Usual Price,
Predicts Mr. Cole
"Thanksgiving turkey probably will be
the usual price In Omaha 23 to 27 cents
for good stock," said David Cole, Omaha's
authority on the Thanksgiving bird, yen
terday. "The present wholesale price Is
23 cents, and 1 don't look for much
Mr. Colo says there Is a fair supply of
turkeys In fight, but not enough to make
low prices. Tlie majority of tho birds
that have been received to date are In
President Taf t
Has Heavy Cold
WASHINGTON, Nov. lR.-I'realdetit
Taft cancelled all his engagements at tlie
executive offices today because of a
heavy cold and on the advice of his
physician will not :eave the executive
mansion today. The president's cold de
veloped after he returned from his west
ern trip and wlille It is said it has rauxed
no fcerlous apprehension, the president
became hoarse last night. Thu president
expects to go to lUcuiuond on Monday.
NEW tmi.EANH, Nov. IS. -The Ameri
can Chicle company was Indicted on ten
counts lure today by the federal grand
Jury charging violation of tlie interstate
commerce laws through fal.e valuation
placed on shipments of gum by which
tho company obtained lower freight ratej
than it was entitled to under tariffs filed
with the Jntcrstalu Commerce commis
sion. Fowler Resumes His
Flight from El Paso
EL PASO, Tex., Nov. Pi. Aviator
Hubert O. Fowler resumed his flight east
ward at 10;C3 this morning, with Pecos,
Tex. 17i inllrs away, as his first scheduled
THIRTY MEN IN EIGHTH
IiH ANGELK3. Nov. lO.-Thlrty-elght
out of fotty men In the eighth venire In
the McNawaia murder trial appeared In
court today. Two of this nuiiib.T remained
ftr preliminary examination. Six men
were told to return Monday and thirty
presented excuses held valid by Jud$e
Ten II m l In Wreek. .
AM A KILL". Tex.. Nov. 1;-Ten per
sons were Injured in a I.eaiton collision
between a freict.t and passenger train
on tho H k iM.md toilay t.vur Tuouinca l.
No one 'was Killed
(lit AE AACJT Cf &jT)
BUSINESS MEN TO
Members of Executive Committee
Would Adopt the New
ALL BUREAUS UNDER ONE HEAD
At Present There Are Three Distinct
Mepnrtments, So One of Which
la Responsible to the
Plans are afoot In the executive oom
mlttee of the Commercial club for a
complete reorganisation of the club, to
combine all departments of the club uuder
one official head.
At present there sre three distinct de
partments. Commissioner J. M. Oulld's
department; tho publicity bureau, under
tho management of R V. Parrtsh, and
the traffic bureau, In charge of 10. J. Mc
Vann. No one of these three men has
any authority over, tho others. The ex
ecutive committee of the club exerolses
general supervision over the work of
Mr. Guild, but not over tlie other two,
Mr, Punish reports to the directors of
the publlc(ty burean, organised, as an
adjacent ol the club, and Mr. ItcVann la
responsible x the directors of the traffic
bureau, organised by big; shippers as an
adjacent to tho club. ' -
Born members of the executive com
mittee think the best results cannot be
obtained with a situation of this sort
However, the committee cannot inaugu
rate any change without the consent of
the directors of the two bureaus. So It Is
up to tho committee to devise some
scheme of reorganisation that will be
acceptable to the bureaus. ' ."
Tho chief problem arises over tlie
division of funds among the various de
partments of work. If all subscriptions are
to be paid Into the club treasury. At pres
ent there are some who contribute to
particular lines of work and not to others.
Jury Obtained for
Tar Case and Court
Adjourns to Monday
LINCOLN CENTKK. Kan., Nov, 18.
A Jury waa obtained In the "tar party"
case at noon today. Immediately there
after Judge Dallas Clover adjourned court
until Monday morning.
The Intention of the prosecution Is to
place Miss Mary Chamberlain, tlie victim
of the attack, on tho stand as the first
witness. Miss Chamberlain H eager to
take tlie stand. 8he and her mother were
In thu court room today.
Joseph Chamberlain, father of the girl
and a widely known re tiled farmer, also
was at the court house. Trie three defen
dants snd Mr. Chamberlain met in n hall
way today. No sign of recognition
paiaed bfitween them. Formerly they
wire good friends.
Heiress Indicted for
Mailing Used Stamps
KANSAS CITY, Jin'., Nov. R-Mles
Stella Urayiner, 30 years old, daughter of
Daniel Hraymer, founder of Braymer,
Mo., and ono of the richest men In Cald
well county, was analgned before A. H.
Van yalkenburg. United State Judge, to.
day chargpd with using cancelled postage
stamps In her private correspondence. She
pleadi-d nut guilty and was released on
Miss Ilraymer's arrest followed grand
Jury Indictments alleging that letters sent
by her were mulled witli stamps previ
ously cancelled, hut with tlie cancellation
marks wholly or partly erased.
Miss Braymer, who Is prominent In
church and social circles, declares an
enemy of her father Inspired tho charges
Four Persons Freeze
to Death in Blizzard
K AM LOOPS, O. ('., Nov. H.-Four per.
tons were fiozui to death In a blizzard
neae here yesterday. The victims aro;
JOHN KKICKKIt, a rancher.
I.iy.'.IK KKKKKIl. HKed 14, his neico.
1IAV Kl:b'll.K. aged 11. another niece.
JA.MK.H A. TUONdON, broiner-ln-luw
Tl.i y were overtaken by a storm while
returning to the Keefer raiKU from
Lamloops in a tlelgh and lost their way
(iaaollne starts Fire,
PIKKHi:. S. !.. Nov. 18. (Special Tele
gram. ) In a binall fire here today, caused
hy an explosion of n can of gasoline,
w In n part of it waa being hscd for clean
lug clothing. Mrs, John Klcshle waj
severely burned about the. crn and face
und Ihe house practically destroyed by
the resulting tlie,
COPY FIVE CENTS.
Judge Kohlsaat Quashes Writ of
Habeas Corpus and Remands De
fendants to Their Sureties.
CASES WELL BE CALLED MONDAY
Government Attorneys Say They Win
on Every Point.
DEFENDANTS PRAY FOR APPEAL
They Contend that the Order tr
Remand is Void.
OPINION OF THE COURT
Judge Rules that District Court Hai
Full Jurisdiction in Matter.
HAS NO POWER TO REVIEW IT
l.nwer Cewrt Passed on Alt -
tlona of Fact and Judge Kohlsaat;
Hefneed to Interfere with
Trial, Bet for Monday, ,
CHICAGO, Nov. lft.-Nlne Chicago pack.
on were balked today In their effort to
oscepe trial on a charge of criminal vhW" '
lalton of the Sherman anti-trust law,
when Judge Kohlsaat quashed a writ i't
habeas corpus and dliected that an order
be entered remanding tha petitioners to
their original sureties.
The action of the Judge, the government
attorneys assert makes certain that tha
trial of teh packers will proceed Monda"
morning ' before Judge i;rpi'ter. , .
Judge Kohlsaat held .that the olroiV"'
oourt had no power to Issuo a writ axceptv
In extraordinary circumstances and that
In the present case was without th
rlht. "T. do so," he said In his decision,
'would be an attempt to review the find
ing of the United Stales district court.
The order oi tho Court will be to .
quash the writ, remand the defendants
for trial and surrender, them to their
Isvl Maye.-, counsel for the packcs."
prayed an appeal to the supreme court.
''Wo pray an appeal and ask your
hrnor to fix the amount of ball," said
Attorney Mayer. , .. , '
"Under tho law," said Attorney Sheean,-,
government counsel,', "when a writ of
habsas corpus la denied !t la specifically
provided ' that the .imst.oodi.tit " b - re
manded." v . . . .
' "ToUf honor's order to remartd la void,"
Skid Mr. Mayor. "We shall find unless
car be taken this question will be so
snarled that there can be no adjudlca
. Trial Must Jlealn Monday.
Tha decision means that after nine
years of legal action tho packers must
go to trial , next. Monday, according to
the interpretation - of tho - government
counsel. Attorneys for the packers, how
ever, contend that their appeal to tho
supreme court will act as a stay to pre-'
Vent immediate trial in tho district court. '
"Wo win on every, point. The court
sustains our oontjmUn,' was tho mes
sage sent by district .ItorntV Wllktrsun
to the attorney general at W.vtl.ington.
In his decision Juugu Kohisaat ruled,
in part, as follows:
"Tfte federal .alutea give petitioners
tha right to a writ of nsbeas corpus un-
less It appesi'a that h Is rot entitled to
It. Tho question of right to fiio a petition
may. bo tested la iwu ways. It may he
presented by lean tnadj on motion for
leave to file or :t may oo piescnted by.
motion to tjuash.tliti vi'lt ui'd dismiss th
After liosilng atgumcnts from tha pack
ers' altoi ncys, Judge Kohlsaat refused
to Interfere, with tlie trial of the packers,
scheduled to begin Monday In tha district ,
court. Tha packers appealed to the su
premo, court of the United States. .
After rehearsing the arguments for and
against and discussing .the affidavit filed
tho court ruled: .-.'.
"No serious issue of fact was. raised by
tlie affidavits. With reference to the
legality of the surrender of th6 petltlxmers'
by their ball, the court Is . of the opinion
that they were for the. purpose of this
proceeding deprived of their liberty and
entitled to apply, for tho writ. ; ,
Tho court is further of tho opinion.
that it has tlie power to cause tho writ to
bo Issued. . ...
1'rom a reading of cases in which tlu ,
federal habeas corpus act has been before
tho supreme court it becomes apparent
that as a rule the granting of a writ In
cases In which the questions . here lu,
volve.d have boen presented has not been
favored by that court. The rule seems to
be clear that only certain .cases where
exceptional circumstances arise will tha
court separate the question involved In
the habeas corpus proceedings from tho
trial of the case.' '
No Special Ctresnintsae Cited.
"It appears tho petitioners rely on the'
allegations as to the ' magnitude 'and
Tickets to the
American Theater i
All r are given away free to
those who find their names in tha -want
Read tho want ads every day;
your name will appear some time .
maybe more than once.
No i-uzxles to solve nor aub
. script ions to get Just read the
Turn to tha want ad pages"
there you will, find nearly ever
business house In the city repra-
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