The Omaha Daily Bee
Everybody reads
The Bee
WEATHER FORECAST.
Generally Fair
VOL. XLI NO. . 14S.
OMAHA, THURSDAY MOKNINU, DFA'KMUKR 7. 1D1 1 FOUIITKKX TACKS.
SINULK COPY TWO CKNTS.
BEET WORKERS'
CONDITION BAD?
Witness Tells Committee Colorado
Sngar Companies Kep Imported
Laborers in Bondage.
HARDSHIPS OF CONTRACT LABOR
Families Forced to Bo Work Scorned
by All Americans.
WOMEN AND CHILDREN SUFFER
Froducer Asserts Fair Prices Not
Paid by Manufacturers.
TARIFF OF DOUBTFUL BENEFIT
Jnmes Bodkin of Hnd, Coin., Para
Ftrrafn Cannot Tfit Amount of
lusir for Whlck Thex
Should n Paid.
WASHINGTON, Dec. ".-Depicting con
dltlons In the sugar beet fields of Colo,
rado approaching peonage. James Bodkin
of Meade, Colo., today told the "sugar
trust" Investigating committee ot the
house that city derelicts, recruited from
the slums, were kept practically In a
irtate of bondage. Ills statement caused
a, mild sensation,
Mr. Bodkin described a system of con
tract labor In the Colorado fields and de
tailed the hardships ha charged were
Inflicted upon working pcaple recruited
by the Great Western futar componay.
He said that a man. his wife and sev
eral children, ranging from 8 years up
ward, were put In from ten to sixteen
hours a day at "back-breaking work,"
which an American would scorn to do.
With shrewd farm logic, Mr, Bodkin
expressed' hla contempt for the "city
chaps" who were sent by the sugar com
pany to oversee its operations. He also
criticised the newspapers in his section
of the country.
The committee took great Interest In
his description of the "slum labor." Dem
ocrats, led by Representative Raker of
California, sought to show by the wit
ness that the tariff protection levied in
the name of American labor did not
reach down to the Russians and Hindus
who worked in the Colorado beet fields.
The republicans. Representatives Ford
ney, Hinds and Malby, emphasised the
point that Americans would not descend
to the labor.
Woman Better Worker.
"How much does a woman earn In the
field?" asked Mr. Hinds.
- "I don't know." answered tha witness.
"She la a better worker than tha man
he Is generally the boas the woman and
children dothe work."
Mr. Bodkin 'expressed the belief Of the
committee of farmers, of which he Is a
member, that the sugar company was not
paying a fair price for beets.' He said
till oxop paid, hlin about 1176 a ton. The
pmttt. on -an aora aa ewiislli hs anla Mi
had asked the sugar company for a dollar
more on the ton and was refused.
"If the: tariff Is of any benefit the
vigar company gets It," said the witness.
Mr. Bodkin told the committee that the
fanners could not learn how much sugar
was In their beets. He cast doubt upon
the accuracy ot the pohirlscopla tests
9f the sugar company, but acknowledged
he had no proof of their inaccuracy.
Describes Trade In Denmark.
Before W. P. Wlllett, New York sugar
expert, left the witness stand he described
the sugar trade of Denmark for the com
mittee. He recommended the adoption
of the Danish system of Internal taxa
tion and encouragement ot the beet sugar
industry by the United States. He said
that if this were don sugar would be 1.9
cenU per pound cheaper in the United
States, although the Internal revenue rate
of taxation would be 49 cents per, hun
dredweight. This tax would yield' 65,
OGO.OOO of revenue to the government,
which now raises $53,000,000 on the Import
tax on sugar. He said, answering Repre
sentative Fordney, that he had not con
sidered the cost of labor and the method
of living in Denmark as compared with
the United States.
Mr. Wlllett will be called later to de
cribe the sugar trade in other countries.
Wnre's Will I. Probated.
KANSAS CITY, Dec. a-Conslsting of
but one typewritten page the will of
J.ugene F. Ware, the Kansas poet, was
filed today In the probate court of Kan
sas tnty, Kun. Only members of tike
family are named as beneficiaries in the
estate, which Is estimated at J'-'J0w0.
The Weather
For Nebraska Fair;
For Iowa Generally
temperature.
cooler.
. -air; moderate
Omaha V eater day,
Hour.. Deg.
a a. in atj
s a. in 35
7 a. m 35
8 a. m 34
a. m at
10 a. in 3s
11 a. in 40
U m .' 43
1 P- m 4
p. in 40
J p. m 47
p. m 47
6 p. m 40
t. m 44
T D. m 44
P. m i2
Comparative Loral Record.
lull. 1'JlO. 1909. 1!XK
Highest today 47 L'l 11 30
IoweM today 8 H 2 fi
Mean temperature 41 ) . 6 18
Precipitation W T .1 .U
Temperature and precipitation depar
tures i ruin the normal:
Normal temperature 31)
Kxcess for the aay 11
Total excess since March I 2
Normal precipitation (.03 Inch
Deficiency tor the day 03 Inch
Total rainfall smoe March 1...13 incites
Deficiency felnce Maicti 1 15 Zi Inches
lvtlciencx for cor. Jerlod. Itll0.14.34 inches
Kuwa fur cor. period, 1'ittt 4.41 Inches
Station and State Temp. High- Raln
uf Weather. 7 p. ill. cat. foil
Reports front Stat
Ions at T 1. 51.
Cheyenne, clear
J'avenport, c.esr
Dmiver. cittai
lira JJj'iu-B, cloudy....
DodKe t.'ity, c.ear
Lander, cloudy
North Pialte, clear....
Omaha, clear
Pueblo, cloudy
halt Lake City, clear..
r-unta Ke. clear
Mherieian. cloudy
Sioux t liy, cloudy
S'ulentlne, clear
X indicates trace of
L. A. WKL.HU,
44
M
M
50
bt
6J
47
f)
It
4i
44
.00
.o
.00
.03
.if)
.0)
.w
.0)
.to
.00
.... 4i
.... 43
.... 44
i t
.... S
.... 44
.... 42
.... W
.... ;
.... a
.... ii
44
60
M
prtctpltaUon.
Local oFtecaster.
Temperature at
' . IN' -X
The National Oapital -
Mriiictaai, UKtiulirr tt, .nil,
The House.
Met at noon. Miscellaneous bills eon
tillered under call of committees. J. D.
Kockefeller ana Hcv. F. D. Uates Invited
to appear Monday before steel committee.
government estimates attacked as mis
leading by appropriations commute)
nnaiiman.
Diplomatic recalls urged bv Renresenta-
tlve Berger, socialist, on account of Rus
slan passport trouble.
orld s sugar prices probod by sugai
inquiry committee.
Tariff plans discussed by democrats on
ways and means conuiMttee.
Congress probably will not act on Per
sian Incident.
Representative Simms claimed the Mil
abolishing the commerce court would bo
panned.
The railroad physical valuation bill waj
Introduced by Esch of Wisconsin.
The mine rescue work government lia
bility bill passed.
Adjourned at 2.S6 p. m. until noon Thurs
day. The Senate. v
Not In session. Meets Thursday at 2
p. m. Lorlmer senatorial Inquiry re
sumed. Monetary commission resumed
executive sections. Anti-trust legislation
discussed at senate committee hearing.
Miscellaneous.
The decision of the house committee on
expenditures In th clnterior department
to drop the Controller bay Investigation
produced a break In the committee at an
executive session today. Republican mem
bers, who Insist that the hearings con
tinue until all sides ot the case have
been accounted for, probably will con
tinue the fight on the floor of the house.
Scores of congressmen woh applied to
the sergeant-at-arms of the house for
their mileage were turned away empty
handed. AU the appropriation for mile
age, which averages about $140,000 for a
session, was exhausted at tho summer
special session of congress. A deficiency
bill now will have to bo passed before
any mileage Is obtainable.
After comparative tests on a number
of vessels the Navy department has de
cided to abandon the turbine type of
engines for battleships and to substitute
the reciprocating engines. This change
has been made in the face of the fact
that practically all other nations ot the
world have adopted the turbine engine. '
The first filibuster of the present ses
sion of congress was made In the house
today over acceptance of a bequest of
J20,0o0 as part of the gift of the Hubbard
collection of etchings to the Congressional
library. The gift, made by Mrs. Ger
trude Hubbard of this city, entailed ob
ligation for an annual appropriation of
SHOO for maintenance. Democratic leader
Underwood, to end the fight, moved ad
journment. Negroes with ffld.
.bank iooljs Throng"
National Capitol
WASHINGTON. Dec. S.-Many aged"
negro men and women gathered In the
rotunda of the capltol today, each grip
ping a musty bank book from which
they expected to gain restitution of losses
Incurred In the collapse of the Freed
men's bank here In the early '70s.
"Where do we get the money?" they
eagerly aoked.
"What money T' replied a capltol police
man. 'The Freed men's bank claims. This Is
"Che day we are to get all the money
back."
The excitement was due to a misunder
standing In a local church announce
ment. Ministers In negro churches last
Sunday advised their congregations that
a committee had been appointed to see
Speaker Clurk today to urge further leg
islation for the relief of the survivors of
the thousands of negroes who lost their
savings in the collapse ot the bank. The
committee later saw the speaker.
Gomez and Eight ,
Followers Lynched
MEXICO CITV, Dec. 6.-Oreat excite
ment reigns at San Oerontmo and Oaxaca
in connection with the killing of Jose
Gomes, leader ot the Juchitan rebellion,
who was lynched yesterday at Rlucon
Antonio, with eight of his partisans.
Many of his former followers are flock
ing to these cities protesting their loy
alty to Uomcz.
Last night crowds paraded the streets
shouting against President Madero.
Special news dispatches from Merida
appear to confirm the shooting without
process at Helacho, In the state of
Yucatan, of thirteen rebels captured by
state troops.-
Fourteen Are Killed
in Riot in Turkey
CONSTANTINOPLE, Dec. 6.-HU.ting
has taken place at 1st lb, about ninety
miles north of Saluniku, consequent on
the bomb outrage In a mosque there on
December 4, when twelve persons were
killed and t we.it y wounded. The Turks
.n revenue attacked thd Hungarians,
whom they accuatd of being the perpe
trators ot the oul:-a0'e, killing fourteen
aiiii wounding 157.
NAVAL CONiROVEBSY
SPREADS TO WHITE HOUSE
WASHINGTON, Dec. . The contro
versy over the replacing of Rear Admiral
Nicholson as chief of the bureau of navi
gation of the navy department by Com
mander Phillips Andrew, naval aide to
cecielary Meyer, which ulready lad
spread from naval circles to members of
the house naval affulrs committee today
was carried to the White .House.
Itepiefceutat.ve For of Illinois. Dalzell
of Pennsylvania end Weeks of Massachu
setts ral'ed on the president and laid the
iasa before him.
Later the president summoned Secretary
Meyer.
"That bureau needs reorganization," ex
plained the secretary, "and I Intend to
have it rorgaula4."
TESTIMONY MAY
BE INCOMPETENT
Oscar Lawler Considering Best
Means to Get M:Namara Story
Before Grand Jury.
INTEREST IN FRANKLIN CASE
Revelations Are Expected When
Bribery Trial Begins.
M'NAMARAS IN QUAKER CITY
Burns Says They Were Responsible
for Explosions There.
HINTS AT FURTHER ARREST3
gars National Hoard of Iron Work,
ers Advanced Money and Prob
ably Knew How It
Mas Vsed.
DCI.I.KTIV,
LOS ANGK.I.KS. Dec. 6-Jame B. Me
Kama! a, under sentence of life Imprison
ment, had other troubles added to his
lot todnv. when he became defendant In
a $;O,Oii0 dainas suit. The suit Is brought
by Louise M. Sawyer, widow of Robert
I. Lawyer, a telegraph operator em
ployed by the Los Angeles Times and
killed in the explosion which wrecked
that building on October 1. 1910.
LOS ANGKLK3, Dec. Subpoenas
for tho McNamara brothers to appear be
fore the federal grand Jury had not been
Issued up to noon today and Oscar law
ler, In charge of the government's In
vestigation Into the alleged dynamiting
conspiracy, was debating with his as
sistants about the best way to secure
the desired Information from the two
prisoners.
There is some question, it Is said, as to
the competency of testimony of a con
fesfed murderer, such as James B. Mc
Namara and some Indecision as to the
best way of bringing to the attention of
the grand Jury facts In the polon of
John J. McNamara.
Mr. Lawler and Edward A. Reagan,
arslstant I'nltcd Htats district attorney
here, wrestled with the legal phases of
the matter today and as the grand Jury
does not convene until tomorrow It Is
expected that no decision would be
reached before then. 1
The brothers spent a gloomy day In
their cell, looking out upon bleak, rainy
streets.
Sheriff Hammell has orders not to
ineve the prisoners until he hears from
Mr. La'vlar. ""
Interest today centered not only on
the grand Jury proceedings that are to
ccme, but upon expected revelations in
the Franklin bribery case, which will bo
continued on Monday. These two things
constitute the anjles of the big case
still remaining.
Tlia disposition ot X)rhe McMan'gal lias
not yet been determined upon, but It Is a
foregone conclusion that h ' will 'testify
before the federal grand Jury before he
Is brought to trial by the state and In
his case at least the question of compe
tency will be avoided. Malcolm McClaren,
the local representative of the detective
agency which arrested the McNamaras
and McManlgal, conferred at length with
Mr. Lawler today about the details of
McManlgal's confession, which was the
first big factor In the case against the
McNamaras.
MeNamaras In Philadelphia.
PHILADELPHIA, bee. 6.-The McNa
mara brothers were responsible for ex
plosions here which damaged structural
Iron work on several building operations,
according to William J. Burns, the de
tective who today arrived In Philadelphia
from Cleveland.
"Yes," said the detective, "I am posi
tive that both of them were responslbln
for the explosions here on structural
Iron work during the last few years, and
others are Implicated."
Mr. Burns says the investigation her)
Involved the exp'oslon which occurred
about a year ago In the cafe of Harry
Edwards, fight promoter, which was be
ing reconstructed, and another that dam
aged the Iron being placed in position for
the Philadelphia Rapid Transit company's
elevated road on Delaware avenue anl
Sh Market street. The work was being
done by the American Bridge company.
In these explosions no person was killed
or Injured. Following the explosions.
sticks of dynamite were found in an alley
near the building of the Pittsburgh Plate
Oloss company in the center of the city.
Burns says he has knowledge that one
of the McNamaras was registered at a
central hotel at the time the explosion
In Edward's Place occurred.
He also said Ortie McManlgal told him
he came here under Instructions to blow
up a railroad bridge, but when he found
tho structure was near several tenement
houses ho feared there would be loss of
life.
Asked if any further arretts would be
made in what the prosecution at I -oh An
geles alleges to have been a big consplr
acy case, Mr. Burns replied In the af
firmative, but he would not mention
names.
"Will the arrests include any past or
prcrent member of the Structural Iron
Workers' union?"
"I r"o not cure to say, but I will say
this the national board of the associa
tion cpproprluted certain sum to John
J. McNamara, and In my opinion they
knew the money was to be used for
dynamiting purposes."
UEKKV SK t OM V ITTHK
31 KK'I'i
Labor Leaders Consider Next (Men
In the Matter.
WASHINGTON. Dec. C.-A delay In the
arrival of Frank M. ltyan, president of
the International Association of Brldgu
and Structural Iron Workers, caused a
temporary postponement this afternoon
of the conference of the ways und means
commlttie ot the Federation of Labol
l.avli'U in charge the McNamara defense
fund.
Mr. Itysn arrived during the aflernuon
and the conference was resumed, lis re
fused to make any comment on the sit
uation, further than to ray that he would
not content the case in the news-upeis
with Mr. Bui lis, who had deelured that
the president of the Structural , lion
Workers had knowledge of the McNa
maras' dynamiting work.
President Uompera of the American
(Continued on Third Psge.
i7
ff-fl- 5fi55yi 1JC-sfc.y:v'.;
From tho Philadelphia Inquirer
IOWANS HAYEPIE TO CUT
Many Federal Jobs at Disposal of
Administration Soon.
CUMMINS CALLS CONFERENCE
Two Marshals, Two Itevcnne Col
lectors. Two District Attorneys
i ' Arc to lie Manicil Lincoln
fias Cnse In lourt.
tFrom a Staff Correspondent.)
WASHINGTON, Dec, .-iSpcclal Tele
gram.) Senator Cummins today Issued a
call to the republicans of the Iowu dele
gation to meet with him In his office Fri
day afternoon to confer over some very
choice Jobs which will soon require re
filling in Iowa. It appears that within
the next 4- ty "days the aerms of two
United 8tai4 marshals, two collectors of
internal revenue and t'o yrdted States
district attorneys' wU expire and unlet
reappointed hai are good p.aots for new
blood. It is said there are! a, great many
Hplrants for these places, and the lowans
in congret j do not much relish the'dlc
cusston n- disposal of these large plums.
.-i-akana in Washlnaton.
General P. H. Barry of Greeley Is In
Washington to attend the annual nice tin;;
of the board of governors of the National
Volunteer Soldiers' home, how in session
at the Arlington hotel. f
Judge Woleott ot Valentine la In Wash
ington In. attendance upon the good toads
convention, now in session here,
New llolldlna Hills.
Representative Klnkald today intro
duced the following building bills: For
purchase of site and erection of buildings
at Lexington and Broken Bow, S13(i,0i0
ench; to construct two buildings at Al
liance and Chadron, $l?0.(KiO each.
Senator Brown this morning escorted
Fred C. Foster and wife, 1 1. F. Rose and
wife and W. M. Morning to the White
House and introduced them to President
Taft.
Representative Sloan has recommended
W. T. Morse to be postmaster at Friend,
Neb.
(imn Argouaents Ended,
Arguments in the case of the city of
Lincoln against the gas company of that
city were concluded In the supreme court
of the United States this afternoon. This
case has come to be known as the dollar
gas case and Is brought to the United
States supreme court on appeal from the
decision of the circuit court tor the Eighth
Nebraska district, which was favorable
to the city. Fred C. Foster and W. M.
Morning appeared for the city and II. F.
Hose for the gas company.
ew' Postal Banks.
Postal savings banks will be established
on January 4 as follows;
Nebraska Bassett, Butte, Spalding.
Iowa Anthon, Laporte City, Ltvermore,
Oxford, Toledo.
South Dakota Wagner, Willow Lake.
Mi-ta B. Aussichcr ot Cedar Rapids, la.,
was appointed a copyist In the Interior
department.
V. M. Ret hert of Cedur Rapids, la., ahs
appointed a stenographer in the Puget
Hound navy yard, Washington.
John A. Walker of Lincoln, Neb., was
appointed assistant clerk at the Cheyenne
Klver Indian agency. South Dakota; Sid
ney J. Hhlek of Fremont, Neb., at Leech
Luke agency, Mlnnesotu.
Oiuiihaiin r.t lliter ('tigress.
Jamea L. Paxtun, Henry T. Clarke of
Omaha and Judge Walcott of Valentine
are deleviiles to the National Rivers und
Harbor congress now In session in this
city. Today Mr. Clarke, whs appolnttd
on the resolutions committee of the con
gress and Mr. Pax ton on nominations.
Attorney General
Wickersham Better
'WASHINGTON. Dec. C Attorney Gen
eral Wickersham, who suffered un at
tack of indigestion while attending the
cabinet meeting yesterday, was reported
Improved today. He remained at home
to tecure ttio benefits of a day's rcM.
AVIATOR AND PASSENGER
ARE KILLED BY FALL
LONDON. Dec. it. A double aviation
futal'ty ocurre-d at Filey, near H-uv-borough,
Ycikshlie, this motning. Hubert
Oxlev, an aviator wss killed Instantly
and his passenger, Hubert Welts, i offered
injuries from which he died soon afterward
Say When
Advocate Federal
Supervision of All
Reclamation Work
CHICAGO, Dec. C Hearty support of
federal control of all reclamation and ir
rigation projects was urged by speakers
before the National Irrigation congress
today. R. V. Fletcher, a delegate from
Illinois, pointed out that many states
were reluctant to surrender their rights
and that tills tendency retarded the whole
reclamation movement.
It was announced that thn American
Reclamation federation would be formed
tomorrow. While It Is to be an Independ
ent organization the members ore to re
main affiliated with the Irrigation con
gress, ,
("Dralnnge as a bals for national de
velopment," was discussed, by W. L.
Park, vice president of tho Illinois Cen
tral rllroil, . and ' vther sncakurs, in
eluding. 7wirge H , Maxwell, executive
director ibi" the Pittsburgh" flood Commis
sion. ,. : - -
Six Men and Twenty
Fine Horses Killed
in Triple Collision
PITTSBURGH, Dec. (l.-SIx men were
killed and five Injured today In a triple
wreck of two freights and a fast ex
press train on the Pennsylvania railroad
at Devil's Bend, near Manor, Pa., twen
ty five miles east ot here.
The de-ad:
FRANK DALY, of Irwin, Pa., engineer
of the express.
J. II. I'MIMAN of Wllllston, N. D
believed to be a wealthy ranch owner.
J.OHKKT H. M I I.N 10 of Bradford, O.
ARTHUR BOND of Bradford. O.
II. BE A It DING II AM, express messen
ger, Jersey City, N. J.
UNIDKNTIF1KD MAN.
There were twenty horses being trans
ported west on the express train and
all were killed.
Uhlman is believed to have been la
New York buying valuable horses. In his
pocket were found receipts showing that
he had purchased ten horeeu for $14,000.
It is estimated that the total value of
the horses killed was between JiO.tXK) and
100,000.
Negroes Are Burned
to Death by Mob at
Clifton, Tennesse
MEMPHIS, Tenn.. Dec. . Two negroes
and one young nrgress were burned to
death by a mub of white land tenants
who object to the occupancy of land by
negroes, near Savannah, Tenn., yesterday
according to mcuger reports received here
today. The lynching Is said to have oc
curred ten miles from Cllffton, Tenn.
The three negroes were traveling to a
gin with a load of seed cotton. They
weie waylaid j.nd tied to the wagon
load of cotton, It is said and the mob,
after building a fire beneath the wagon,
stood guard until the negroes were cre
mated. Rockefeller and
Gates Asked to Tell
WASHINGTON. Dec. 6-John 1. Rock
efeller and Rev. Fred D. Gates, manager
of Mr. Rockefeller's eharitles, were to
day invited by Chairman Stanley of the
houce steel trust Investigating t omniltte-e
to appear beforet the committee next Mon
day if they isru to du so to reply to
ch.irges by the Merrllt brothers of Mln-lie.-otu,
concerning the itl.CMuj.uuo Messba
Ol o properties In .Mlnnetiota.
Chairman Htunl.y'a letter to Mr. Rock
efeller and Mr. cfu'.cs leud:
HARLAN AND MANSFIELD
WILL BE REAPPOINTED
i
WASHINGTON., Dec. C- Pi esident Taft
announced toduy tliut he would send lo
the senate, probably Tliuimluy, the names
of Jumes S. Hdilan, interstate coimiicice
coniiiilKsloner, ami M. Murif field, j.o.l-ma-ter
it Boston, In coin lime Iti llitlr
petitions. Mr. li.illal., who is u son of
the late Justice llsil.ni of the. supreme
court, will be renominated fur a seven
PENALTY IAWMSE ARGUED
Right of States to Penalize Rail
roads Before Supreme Court.
ISSUE FROM NORTH CAROLINA
I.CKlslnturc Passed Law Aasrsslns;
1'ruiiltj- of Fifty Dollars a Bay
for llrfnalnp; to Accept
Frelaht.
WASHINGTON. Dec. 5.-The right ot
the states to penalise railroads for retus.
Ing to receive goods for shipment In
Interstate commerce was argued today
before the supreme court ot the United
States.
The question presented to the court
concerned particularly the .state of North
Carolina. A direct attack waa being
made on the constitutionality of the
statute, enacted In 16 In that state.
imposing a penalty of M a day on a
i raunoao-or aranr day ,U refused te ac
ccpt goods for transportation. ,
IV'tr PrluvlpU Involved, y
The principle involved waa before the
court In two different rases. One arose
out of the shipment of a carload of
shingles by Reld A Beam from Ruther
fordton, N. C to Bcottvllle. Tenn. When
they loaded the shingles onto a car and
aiikod the station agent at Rutherford
ton to ship It to Bcottvllle, it was declared
that he replied he knew of no such place.
It proved to be a flag station on the
Knoxvllle & Augusta railroad, to which
no published rate existed. After several
days delay, tho goods were shipped. No
damage were proven to have resulted tc
the shippers, but they recovered 1360 as
pcnulty imposed by the stulute for re
fusal to receive the goods.
The second case aroso out of Mrs. D. L.
Re-Id's attempt to ship household goods
from Charlotte, N. C, to Davis, W. Va.
No published rate, as authorized by the
Interstate commerce laws, existed between
Charlotte ami Davis, and the shipment
was dcluyed five duys before a rate was
obtained. A jury awarded Mrs. Reld
damages and 1-60 as penalty.
In both cases tho defendant was the
Sculhern Railway company.
Ilaals for Attach mi I.atv.
The law Is attacked largely on the
ground that It was an Interference by the
state with Interstate commerce. The su
preme court of North Carolina sustained
the law as constitutional. The court took
the position that congress had : not
legislated In reference to railroads, re
ceiving goods for shipments nnd there
fore that the subject was open to
regulation by the states, until congress
exercises such a right. A dissenting
opinio), however, was heard In the court.
In the case arising out of the shipment
from Charlotte to Davis, the supreme
court said that it was not expected that
the railroad should have on file published
rales from Churlotto to every place In
the union, and wliilo tho railroad might
bo prohibited by the Interstule commerce
laws from shipping without such a rate
being published, yet tho laws did not
prohibit the railroad from receiving the
goods.
TIIANKr'F.n TAX CASK Alllil UD
New York Law to Preveat Kvasloa
of Inheritance Tax l'a.
WASHINGTON, Dec. 6. How Inherit
ance taxes may bo dodged was explained
today to the supreme court of the United
States. An effort was being made In
oral argument to have the court uphold
the constitutionality of the New York
"transfer tax" enacted In 18M to stop
evasion of the Inheritance) tax.
Nearly eveiy stale laving an Inherit
ance law Is said to be Interested In the
decision of tha court In passing on the
la it will probably be several weeks
beforo th decision Is announced.
Tho "transfer lax" Is imposed on the
life interest retained In property trans
ferred by a pel sm. The cry tact that
a lifet interest In property waa singled out
for taxation led to the attack un the
law as being unconstitutional. It aas
argued Hint the tingling out of this In
terest was an arbitrary and unreason
able cta.-siflrutioii ot property for tax
ation, prohibited by the fourteenth
uincndrm nt to the federal constitution.
The complaint about the law e-ame to
a focus when the state comptroller sought
to collect about f.'.uou as a "transfer tux "
fioin thu estate of Mrs. Susan A. Ken
nedy of 175 Washington Park, Brooklyn.
N. '. She died In luui, but four years
(Continued, vi) Second J.'es.)
TEN MEAT KINGS
PLACE DON TRIAL
Chirag-o Packers Enter Separate
Pleas of Not Guilty in Jndge
Carpenter's Court.
TRIAL MAY YET BE HALTED
Attorneys Expect Ruling of Supreme
Court on Latett Appeal.
ONE JUR01?
OBTAINED
General Managu Pallman Works
Tentatively Accepted.
STOCK YARDS SKELL A FACTOR
K.arh Prnnpert I ve Jarnr la Asked If
He Una Friends In Districts
Affected by Odors from i
I'acktnatnwn.
CHICAGO. Dev. O.-Trn Chicago park
ers charged with violation of the crim
inal provisions of tho Sherman ontl
trusl act went on trial In the United
States district court today. The way to
the trial had led through eight years of
legal teclinlcalltlea.
The trial, although actually begun. Is
likely even yet to be stopped according
to attorneys by a ruling of the United
Htates supremo court on the latest appeal
of the packers, that the criminal sec
tion of tho law under which they were
being tried Is unconstitutional.
Pending such a decision the defendants
entered separate pleas of not guilty to
day. Richard Dean, general manager of the
Pullman company, was tentatively ac
cepted as a Juror after he had declared
that he had formed no opinion ss lo
the propriety of government regulation
of big Industries.
Selection ot a Jury In the United States
district court to try ten Indicted Chicago
meat packers on the charge of criminal
violation ot the Khcrman anti-trust law,
was begun today before Judge George A.
Carpenter.
'j mi packers are:
J. Ogden Armour, president Armour
& Co.
Louis F. Swift, president Swift and
company.
KuHatd F. Swift, vice president Swift
and company,
thanes r. Swift, director Swift and
compuny.
f.dwaru Tllden. president National
Packing company, which the government
contenus is the illegal corpoiatton the
iiusi. .
Arthur Meeker, general manager Ar
nioud Co.
Kdward Morris, president Morris Co.
Francis A. Fowler, director awlft and
Company.
Thomas J. Connors, anperlntendent
Armour A Co,
Louie H. Weyman, manager Morris &
Co. ' " y ,
Maar Ramars Afloat.
Rumors of new move by the packer
were many. One waa that' the packers
would -appear 'itnd ' plead guilty to the
eharg. Thin wotfld make useless all the.
results of months of investigation and
preparation on the part of the govern
ment, would place the packers In no
greater jeopardy than an unsuccessful
eutcome of the case, which otherwise will
drag on tor months and, many contend,
would put the packers In a better posi
tion than they would be In it they lost
their suit. Fines, It Is believed would be
the extreme penalty imposed by Judge
Carpenter.
The extreme penalty which can be
given the defendiints In case of convic
tion la a fine of $6,000 ol- one year in Jail
or both.
No apporent further effort lo delay
the trial In the United States district
court was made by counsel for the pack
era when the case was called before Judge
Carpenter.
Attorney Johns S. Miller asked that a
plea of not guilty be entered for each
of the packers. All the defendants, with
the exception of J. ogden Armour, were
In court.
Later J. Ogden Armour entered tho
court room and took a seat beside his at
torney. . .
Ntock Yards Smell a Factor.
That Jurors might not be Influenced
through having been victims of the fa-,
mous "stock yards smell" which pene
trates thn south and west sides ot Chi
cago was indicated by further question.
Kach prospective Juryman waa asked
whether any friends or relatives lived lit
those sections most affected by the odoi
und how frequently the venireman vis
ited In the prescribed area.
At noon the first panel of veniremen
t:ad been questioned by attorneys tor the
government. The defense had taken no
part except for an occasional objection
by Attorney Miller. .
Richard Dean, general manager ot the
Pullman company, was questioned at
length regarding his acquaintance wttli
the defendants and bis opinion of the
Sherman law. '
Although he admitted that most of tho
defendants were fellow club members an-'
personal acquaintances he declared he
could render a fair and impartial verdict
Hush for Itraervat lux.
1IAVHB, Mont.. Dee. 6. A report from
Washington stating that the Fort
Asslulboine Military reservation would bo
opened for entry has started a rush fo
that election. Many would-be settlers
have Invaded the reservation In the ef foi t
to acquire "squatters' " rights.
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