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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 19, 1911)
Omaha NEWS SECTION PAGES 1 TO 12 WEATHER FOEECAST Fair; Colder The Sunday Bee VOL. X LI NO. 22. CHINESE ARMIES MAKE BEADY FOR NANKING BATTLE Imperial Outposts Withdrawn and General Chang's Forces Within the Besieged City. REBELS ADVAKCIKG TROOPS Attempt to Carry Place by Storm Expected Soon. 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 Kunners returning here report that the Imperial outposts have been withdrawn nr.d General Chang's army is now within Nanking.'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 once. 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 verified. ' 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 injured. . 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 tlon. 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-) THE WEATHER FOR NKBRAKKA Fair, not much chunce In temperature. FOH IOWA Unsettled, warmer north east portion. Temperature at Omaha Yesterday. Hour. Deg. Tti tnarehsst i It th. j 5 a. m S2 S a. m so h can 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 FOR IT REYES ARRESTED IN SANANT0M0 Prominent Mexican is Charged with Violating Neutrality Laws. - ANOTHER REVOLUTION PLANNED Letter Printed linparcial Says Matfero Is forsaking Principles Which Enubled Hint to Overthrow Dlas. 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 ing. '-'-' .The letter 1 dated from San Antonio. flastro's Band of Revolutionists Meets! Disastrous Defeat 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 ported. - 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 boro court. 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 BLACKHAND LETTERS 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 V ( JJ 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, t-ii S' 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 .Mop It. 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 ing timbers. 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 SCKANTON, Pa., Nov. 18. William 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 t.V CLASS FREIGHT RATESARE CUT Charges Between Missouri and Mis sissippi River Terminals Reduced. AFFECTS CENTRAL WEST LINES Order la Substantial Itenf I Irmatlon of Principles I, aid Donu In the Ilnrnbani-llaniia Mon ger t'aae. 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 more ago. DOUBLE CLASSIFICATION 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 here today. llnrke (iom to Washington. PIUKKK, B. U, Nov. 18.-(Speclal Tele gram.) Congressman Uurke left t' day I'M ; for Washington, having besn called bv important committee work before th' opening iyf the sesxiun. . SLCTIOXS-FORTY 1UJKS. .TOW. LLAQVZ & TWCTTAUTIZS CCXTEiVCS DES MOINES CHIEF OUSTED Police Department of Des Moines in Great Turmoil. Y EAGER WILL NOT GIVE UP Officer Ilrfnes to Undue When loinuilwlonrr MaeYlear Klres lllut Nfiv Appointee Refuses to nerve, (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 change." 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 good cond.tion. 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. American Chicle Company Indicted 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 Hop. THIRTY MEN IN EIGHTH VENIREARE EXCUSED 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 Uordwell. 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 SIXtlLV; (lit AE AACJT Cf &jT) i BUSINESS MEN TO REORGANIZE CLUB Members of Executive Committee Would Adopt the New Scheme. ALL BUREAUS UNDER ONE HEAD At Present There Are Three Distinct Mepnrtments, So One of Which la Responsible to the Other. 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 .Vi0 bond. 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 for "tpite." 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 of Kectur. 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. NINE CHICAGO PACKERS MUST STAND TRIAL 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. , i 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 sureties." 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 tlon." - . 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 ictltiou." 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 DalzcH'sJcc Cream Bricks Tickets to the American Theater i Boxes of O'Brien's Candy All r are given away free to those who find their names in tha -want ds. 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 ant Knds. Turn to tha want ad pages" there you will, find nearly ever business house In the city repra- seiitsd. t
