Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 12, 1911, Image 1

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    Looking Backward
This Day in Omaha
Thirty Twisty Tsa Tear Ar
ee editorial Pre of each lain
The Omaha Daily Bee
WEATHER FORECAST.
Fair;"Colder
VOL. XLI-NO. 152.
OMAHA, TUESDAY MOIiNlXO, DECKMHKIt 12, inU-r)UKTKKX PAdKS.
SIN'QLK COPY TWO CENTS.
JUKOR IN HYDE
CASE RUNS AWAY
Harry Waldron Pries Transom From
i Room in Hotel and Eludei
. Deputy Marshals.
MISTRIAL MAY BE RESULT
Officers Searching for Him Unable
to Find Trace.
I WAS SAID TO BE HOMESICK
Wife, However, Sayi She Has Not
Seen or Heard From Him.
ATTORNEY CONKLTNCt SARCASTIC
In Written htatement He Comment
on Goo Lack Defendant Maa la
ecnrlnej Grand J Brora Notes
and Other Mattera.
1 KANSAS C1TT. Mo., Dec. lL-Undo!ng
the work of weeks of court procedure
and bringing to a standstill the second
trial of Dr. . Clarke Hyde, charged with
. the murder of Colonel Thomas It. Swope,
J Harry Waldron, a juror In the case, broke
out of his rom in a hotel here early to-
flay, eluded two deputy marshals act to
sjuard the Jurors and escaped.
Judge Porterfield announced thla after
noon that If Waldron la not found by to
morrow night he will dlschargo the en
tire Jury.
The first hint of the Juror's escape
came when T. Talloway and Prank Jas
per, deputy marshals, found the transom
Horn away from the door of the room
'Waldron had occupied. The deputy car
ried the keys to all the rooms occupied
.by the Jury. Waldron was nowhere to be
'seen. A force of deputies was sent lm
. mediately in pursuit.
When the news of Waldron's disappear
. ance was carried to the court room Just
before time for court to convene attor
I neys for both sides Immediately went
I into conference to determine the effect
I of the Incident upon the case. Prosecutor
I Conkllng said the state would at once
'start an Investigation to determine
whether Waldron had been induced to
escape. , .
Conkllng la Sajrcaatle.
In a, written statement Prosecutor
I Conkllng said:
I "Th4 action of Juror Waldron will be
I rigidly Investigated by the state, under
the orders of Judge Porterfeld, not only
' to ascertain the extent of the misconduct,
. but also who. If anyone, Induced it.
"As for the state, we are Indignant at
these obstructions to the administration
' of Justice. For an Innocent' man Dr.
Hydo seems to have phenomenal luck.
First, some mysteriously 'found, grand
Jury notes get Into the hands of his coun
sel; second, at the second trial a Juror
, mysteriously disappears just at the time
his cross-examination story at the first
trial Is being read against him by the
state.
"I wonder why - the defendant Is so
tickled.' (Signed)
.-..ryiRoiti coNKUNa
Dr. Hrde Disappointed.
Dr. Hyde's statement concerning the
lost Juror was brief. " !
"The occurrence caused me the deepest
disappointment," he said. "I have hoped
the case might proceed without further
Interruption." Y
Counsel for the accused physician re
fused to make a formal statement.
. Jurors today recalled that all day yes
terday Waldron, who was born In Heidel
berg, Germany, sat about the hotel, lean
ing back against the wall playing old
German folk songs and -patriotic airs on
1 his violin, which, he claimed, was hun
dreds of years old. They aald he gave
every evidence of being extremely home
sick. Mrs. Waldron told police and dep
uty marshals today that aha had neither
seen nor heard from him fop days. She
said ahe had no Intimation of an at
tempted ' escape.
SUPREME COURT WILL NOT
INTERFERE IN TOBACCO CASE
WASHINGTON, Dec. ll.-The supreme
court of the United States today declined
to Interfere at this time with the decree
of the United States circuit court for
southern New York approving of the re
organisation plan of the Tobacco trust.
The Weather .
For Nebraska-Fair; colder east por
tion. For Iowa Generally fair; colder.
Tempera tare at Omaha Yesterday.
' sx.-,rtrtr -.. Hou;. Deg.
7 a. m m
8 a. t.. m
sifeu. A io a.- in.';;.'.'!""'".; m
U ...
"W. 11a. m s
iP ia m 35
r- 1 p. in 4
W.Vw...-t (li P. m 35
yV?RA A A V. m S4
' p. m 33
8 p. m 32
Comparative Loral Record.
1911. 11)10. 1909. 1908.
Highest yesterday M 27 22 84
I xi west yessterday .... 32, g ik 27
Mean temperature 34 12 So 80
Precipitation uo T .M T
Temperature snd precipitation depart
ures from the normal at Omaha alnoe
March I and compared with the lust two
years:
Normal temperature 29
Kxcesa for the day &
Total excess since March 1...... 71
Normal preclpitatloi 03 Inch
Deficiency for the day 03 Inch
Precipitation' alnce March 1. .14.46 inchea
Deficiency alnce March 1 14.04 Inches
lieficlency our. period. 1910. ...14.49 Inchea
Excess cor. pernod, 1909 4.50 Inches
Station ajid Temp. H lgh. Precip
itate of Weather. 7 p. in. Today.ila.tton.
Cheyenne, clear 20 2S I .00
Davenport, clear M 40 .00
Itenver. clear M .00
! Moinea, cloudy tl tX .)
lodge City, eeiar 34 44 .00
lender, part cloudy SO 30 .)
Norths Platte, clear Si 42 .00
Omaha, cljar , 30 42 .00
Pueblo, clear 14 90 .)
Kapld City, part cloudy.. JJ W .00
Halt Lake City, cloudy.. 22 M .14
hanta r'a. part cloudy..,. 30 14 .04
Sheridan, el-tar 24 34 .ill
(Sioux City, clear SO 34 .00
.Valentin, clear HUM
T Indicates traoe of precipitation.
L. A. WELSH. Local Forecaster.
I
df"Y
I v"
The National Capital
Monday, Deoember 11, ln.
THE SENATE.
Met at noon.
Railroad securities commission reiort
on the laauance of storka and bonds was
submitted by the president.
restrict of Columbia legislation was
considered.
Russian treaty abrogation was urged
) c fore forelim affairs committee by New
Tork and Philadelphia committees.
Steel trust Inquiry was resumed.
Agreed with senato for holiday recrsi
from lecember 22 to January S.
Wholesale election frauds In Fayette
county, Pennsyvanla, charged before
election committee.
Democratic caucus llkelv will be held
soon to determine whether to take up
first revision or anti-trust , legislation.
THE HOUSE.
In session at 2 p. in.
Lcrlmer election Inquiry was resumed.
Federal corporation commission urged
before Interstate commerce committee
by Francis L. Stetson of New York.
MISCELLANEOUS.
An adjournment of congress Thursday,
December 21. until Wednesday, January
3. was agreed upon in the house today.
Tariff legislation will be deferred until
after the Christmas recess.
Lieutenant Colonel Perkins of the Ma
rine corps, charged before the house
committee on naval affairs that lie was
discharged from the service In 1907 on the
ground of mental unfitness, but that he
really was a victim of a conspiracy.
Vigorous protest against the bill creat
ing a child labor bureau in the Depart
ment of Commerce and Labor, as un
necessary Interference with the home,
was made when that measure was called
up in the senate by- Mr. Borah of Idaho.
Senators Bailey and Heyburn objeoted.
A memorial meeting in the honor of
the late Justice Harlan of the supreme
court of the United States will be held
Saturday at the capltol.
The constitutionality of the employers'
liability law of Arkansas waa upheld as
constitutional by the supreme court.
Girl Charged with
Writing Defamatory
Letters is Acquitted
PHILADELPHIA, Dee. ll.-The Jury
In the . case of Miss Harriet , Dewltt,
charged with being the writer of, anony
mous letters that caused scandal In
church circles In Easton, ret.de red a ver
dict of not guilty today.
The Judge ruled that a test, of '. Miss
Dewltt's handwriting should not be ad
mitted as evidence, and the prosecution
thereupon abandoned the case.
The letters were of a defamatory char
acter and were penned during a period of
about ten years. Their particular object
was the Rev. Elmer E. Snyder, pastor of
Christ ' Evangelical Lutheran church,
Easton. The letters were received , by
married men and their wives, brides and
girls. They threatened a great scandal.
Postal Inspector last August decided
to arrest Miss Dewltt.. Bblwas given..
hearing t which 'the Kev. Mr. Snyder
waa one of the principal witnesses.
Miss Dewltt today was - accompanied
by her father, and mother. Miss Dewltt,
of alight build, is a little: more than 30
years old.
The Rev. Mr. Snyder was the first
witness. He said he waa 29 and single
when he took charge of the church In
1901 and lived at the parsonage. Miss
Dewltt lived opposite and he first met
her at a church social. After that he
had merely a speaking acquaintance
with her. '
He Bald he received 200 or 300 anonymous
letters, all of an Improper nature.
' Mr. Snyder said he was married last
June.
; "What were Miss Dewltt's actions
towards you the last" year or so?" he
was asked.
"If I passed her on the street, she
would throw her head up and sometimes
make faces."
Mlu Dewltt hissed at him as lie passed
down the street and also acted Insultingly
towards his wife, Mr. Snyder testified.
Prohibition Loses
in New Zealand
WELLINGTON, N. Z.. Dec. lt.-A pro
posal to adopt a general law of prohibi
tion against the sale of alcoholic liquors
throughout New Zealand has been de
feated on submission to the people The
complete returns of a referendum held on
the subject recently show that 205,864 per
sons voted In favor of the measure, while
202, SOS voted against It, The proportion of
voters required by law In order to carry
a proposition Into effect Is GO per cent.
Donahue Case Will
Be Heard Thursday
(From a Staff Cerrenpondent.)
LINCOLN, Neb., Dec. 11 (Special Tel
egram.) The state ex rel, Thompson vs.
Chief of Police John J. Donahue, the ous
ter suit, started against the Omaha offi
cial. It Is to be heard In the slate su
preme eourt Thursday, January 4, ac
cording to the call given out today.
New York Banker is
Charged with Fraud
NEW YORK, Dec. 11. Herbert Theo
dore Jennings, president of the Mount
Vernon (N. Y.) National bank, now in
the bands of a receiver, was arrested to
day on an Indictment returned by the
federal grand jury charging him with
misapplying 320,000 of the bank'a funda.
CALIFORNIA JUDGES
DEMAND INVESTIGATION
8 A CRA M E N TO, CaL, Dec 11. Acting
en Information that Attor ley A. II. Car
penter of Stockton would bring charges
of corruption and fraud before the as
sembly of the state legislature, now In
extraordinary seaalon agalnat the Judges
of the district court of appeals for the
Tfclrd district, three Judc-js accused sent
a ajonununlcaUon today to Speaker Hew
itt, demanding, an Investigation. The
judges are N. P. Chlpmaa, K. C. Hart
aa Albert Q. Burnett.
WHITE TELLS OF
BRIBERY DEAL
Man Arrested with Juror Lockwood
of McNamara Case Testifies aa to
Conversation with Franklin.
AGREED TO BE STAKEHOLDER
Detective Had Jusf Handed Him
$3,500 When All Were Arrested.
DARROW'S NAME BROUGHT IN
Statement of Witness in Bribery
Case Canses Sensation.
FRANKLIN TALKED OF LAWYER
Lorkwood "are Detective for IHe
Kaniara Defense Told Mini lie
Would See Darron A boat
. , Final Payment.
LOS ANUKLES. Doc. ll.-C. E. White,
who, with Lockwood. was present when
Franklin was arrested, told a story In
which he ould Franklin came to him and
asked him to be a stakeholder of 13.500
to be paid Lockwood at the end Of the
trial.
When thry met Lockwood he declared
l-'OO was passed, tile 13..VX) was held back,
and at thst moment all three men were
arrested.
Whlto testified that Franklin came to
him one day and relat.-d that the prosecu
tion In the McN'amara rase was unlng
thousands of dollars to secure a convic
tion, and that he, as an employe of the
defense, was going to use the same
tactics. White declared that Franklin
said:
"There Is an old friend of ours on the
panel. I have had long talks with him
and convinced him that the McNamaraS
were Innocent, and I also have told him
a few thousand dollars would come In
hnndy."
"We already have two accepted Jurors
with us," declared Franklin, according to
White's testimony.
MeNamara'a Secretary Talks.
The name of Clarence 8. Darrow, chief
counsel for the McNamara brothers, was
brought Into the preliminary hearing of
Bert H. Franklin, a defense. Investigator,
charged with bribery, before Justice Wil
liam P. Young today.
George N. Lockwood, the venireman
whom Franklin Is accused of bribing,
testified that Franklin told him he "would
see Clarence S. Darrow and arrange how
the money was to be paid." The utter
ance created a sensation.
Lockwood, In his story, declared he re
jected Franklin's proposal, told District
Attorney John D. Fredericks of It and
the following Saturday after his nutne
had been drawn from U.e . jury wheel,
allowed Franklin to reopen negotiations
on advice of the district attorney. The
first offer Lockwood said,' waa of $2,000;
the final one of $4,000. When the matter
finally Was brought up, Lockwood said,
Franklin brought in Darrow'a nam.
' In a subsequent telephone conversation
Lockwood said, Franklin said if he' should
"brfftg'tBsn big frtitr-aut'.'- awtrWaST
to do so, '' ,
"Wheii he arrived," said Lockwood, ''1
asked him why he did not bring the 'big
one" out.
. "He said, 'Did you think that was Dar
row r-and I said, 'Yes.'
" 'No.' he said, 'that's Cap. White.' "
' "Lockwood's testimony does not bring
Clarence S. Darrow legally Into the case,''
said District Attorney Fredericks at his
office later. "It Is hearsay and nothing
more. We will proceed with prosecutions
only upon evidence which will stand In
Kcourt of law." -
dence?" he was asked. ,
"We have not," he said, and then cor
rected himself.
"We have other evidence, but It Is not
sufficient," he said.
Denial Front Darrow.
When apprised of the testimony in the
Franklin hearing today, Darrow said:
. "Whatever Franklin and Lockwood said,
I know nothing at all about it. I had
nothing to do with 'getting to' any jurors
In any way. Through negotiations the
case had been practically decided for a
week, and I certainly would not have
spent money that way at such a time
even hud I been so inclined."
Harrow's Nnnae Uroaght In.
PITTSBURGH, Doc. It. "I have known
the McNamaras all my life," said Miss
Mary Dyo today, "and I never saw any
thing which looked like a dynamite con
spiracy." Mlbs Dye, now a stenographer for a
Pittsburgh electrical concern, was for
merly confidential secretary to J. J, Mo
Namara. "I operated the business of the associa
tion by myself," Miss Dye continued, "as
long aa six weeks, and never anything
In the way of correspondence passed
through my hands which savored of plans
to destroy life and property. All the
business jut the structural Iron worker
was done within the organization, and
I don't see bow It Is possible to bring
Sumut'l Uompurs or any others Into this
thing."
Robert Bain, a sworn juror, testified
that Franklin gave him S-VW, promised
S3,CW and said to him, "Darrow gave inu
HUOOO to use."
Tvrltmoe Mill la ew York.
BAN FRANCISCO, Dec. JL According
to Information received by the I'nltud
Mate marshal's office here Olaf Tvelt
inoe, secretary of the State Building
Tiades council, for whom a subpoena
t.as been Issued hv'the federal grand
Jury at Lus Angeles, Is not returning to
the coast, as had been reported, but still
Is In Nw York.
Anton Johannsen, state organizer of the
Building Trades council. Is understood to
be on his way to San Francisco from
the east Mrs. Johannsen also will be a
witness.
Demurrer in Sugar
Case is Overruled
NEW YORK, Dec. lt-Th United
States circuit eourt today overruled the
tUmurrtrs Interposed by the sugar trust
to the government's dissolution suit and
the defendants were directed to answer
the complaints. The court then heard
arguments on the demurrers filed by the
steamship trust In the government's dis
solution gulu
From the Minneapolis Journal.
CREAMERIES MAY GO TO LAW
Moisture Test Makes Some Liable to
Pay Penalty.
U. P. LOSES TO GREAT WESTERN
V. S. Sapreme Conrt Holds They
Must Give Trackage nights Be
tween Council Blaffa and
Sonth Omaha. J
v .... - ' ' '
(From a Staff Correspondent.)
; WASHINGTON. Deo. U. (Special Tsla-
r.an.",7-r?,r0Wn. ""d "ltchcKloi WaBburg, Pa. defeated candidate
j.i.v.j ui'ijcaiwi ircitYre iominissioner t.a
bell of the Internal revenue bureau today
urging leniency for certain cresmeris in
and out of Omaha aocusd of having more
than 19 per cent water In their butter.
The moisture test provided by law showed
tfiat butter made by certain Omaha and
Waterloo creameries was not up'to stand
ard and therefore a fine and tax were
Imposed. Commissioner Cabell told the
Senators that Kb was power'less to do any
thing for the creameries caught In the
dragnet which the Treasury department
had put out, and the only recourse left
the creamery people was to bring suit
against Collector Ross Hammond for the
return of the money. '
The senators also took up with Com
missioner Cabell the ' abrogation of the
fine In the case of the hospitals of Omaha
which have been ualng alcohol for other
than speclflo purposes provided by law.
By the statement of nurses in these hos
pitals alcohol has been used for baths
and for fuel against the statutes and In
consequence they are open to a heavy
fine. Commissioner Cabeh told the sen
ators that he would recommend a bill re
funding the amount of money the hos
pitals In Omaha will have to pay on the
ground that use of alcohol for other than
definite purposes provided by act waa the
result of Ignorance of the law and was
not Intentional. 1
' feloaa Heeoromends Matske.
The supreme court In the case of the
Union Pacific Railway company against
the Mason City & Fort Dodge Railroad
company, now leased . by the Chicago
Great Western Railroad company, in an
opinion handed down today by Associate
Justice McKenna, dlsmisxed and re
manded It. The case involves the right
of the Mason City & Fort Dodge Rail
road company to the use of the terminals
and the Missouri river bridge between
Council Bluffs and Omaha and South
Omaha. The case Is similar to that of
the Chicago, Rock Island & Pacific, in
that It was held by the supreme court
that the right of ukb of the Union Pa
ciric tracks between Council llluffs and
South Omaha rested on a perpetual con
tract between the I'nlon Pacific arid tiie
Rock island companies, apeclfiu per
formance of said contract having been
decreed by the supremo court to run for
a period of Vnt years, with a stated rental
to continue throughout such term.
The Mason City eiKort Dodge Railroad
company, after It had reached Council
Bluffs with Its terminals, sought to use
the Union Pacific tracks and the bridge
to South Omaha. But when they started
to ship a carload of stucco from the ter
minal yards In Omaha over the tracks of
the Union Pacific and deliver It to the
Rock Island company at South Omaha,
employee of the Union Pacific endeavored
to stop the lessee, the Chicago Great
Western company, from operating on this
portion of the Union Pacific tracks,
whereupon the Great Western brought
suit against the Union Pacific. Judge
M unger of the circuit court auatalned the
petition of the Mason City company and
held the employes of the Union Pacific
In oontempl of court for having violated
the decree of August 11, 1W3.
Control of Terminals.
The single question presented by the
Union Pacific waa whether, under the
bridge acta of Isttt and 1R7I, under the
contract between the Union Pacific, rail
road and the Rock Island company of
May, 1890, as construed by this court In
(Continued on Second Page.)
Coming Chicago's Way
Votes Bought and
Sold in Open Market
in Pennsylvania
WASHINGTON, Deo. ll.-Charges that
vote-buying and Belling Is done In the
"open market" In Fayette county, Penn
sylvania; that 'notorious, trafficking there
rivals the sensational disclosures made
In Adams county, . Ohio, and that the
United States Steel, corporation, through
Its subsidiary companies, ia a party to
the bribery and intimidation of voters
were made today bfore Jesse K. Wist)
for congress, before the boua
committee
on elections.
Mail for Santa Claus
Likely toBe Tied Up
Mr. Santa Claus was put on the black
list yesterday afternoon at the regular
meeting of the board of directors of the
Associated Charities when a resolution
was adopted asltlng the, postmaster gen
eral to destroy ull letters addressed to
him. This resolution waa telegraphed to
Washington last night, and as the action
was suggested by the main office In New
York In a letter received yesterday morn
ing It la probable that a similar move
will be made by organized charities all
over the country, with the result that the
little folks who hopefully dropped their
laboriously written pleas Into the mall
bos will be doomed to disappointment.
The arguments advanced by the di
rectors of the local association against
the letters were that they couldn't be an
swered In any practical manner, and that
It would only encourage begging.
One number of the board said that
many children who believe In Santa
Claus are the offspring of wealthy fami
lies and asked for gifts not because they
will not get them but bocause they want
to write to Santa.
POKtmastcr Thomas already has on
hand a large number of SunLa Claus let
ters sent here from all over the new
Fourteenth division of the railway mall
service, and he is at u loxs to know what
to do with them. 1 lo has offend them to
the Associated Charltic, and since the
officers have refused to have anything
to do with the old gcri'tleman, Mr. Thomas
will In all probability send them to the
dead letter office.
President Notified
of Omaha Taft Cluh
President John Lee Wclmltr of tliu
Omaha Taft Republican clnli . nt tho fol
lowing telcgiam yesterduy to prenldcnt
Taft:
William Howard Taft, Washington, It.
C ; At u public meeting organizing an
Omaha Taft Kcpublli-an Hub the follow
ing resolution was adopted:
Resolved, That the Omaha Taft Repub
lican club Just ortunlied witii a charter
membemhlp exceeding one thousand re
publicans, representing active Millticiana
and bUHlnenH Interests of all clasxes. ex
tends Its felicitations to William Howard
Taft and Its congratulatlona upon his sue
cesxful adrnlnlHiration, and extends to
him Its hearty co-operation for his re
nomlnation as president of the I tilted
States.
Precious Parasites
Brought From India
WASHINGTON, D. C, Dec. 11-After
traveling around the world for eighteen
months In search of a parasite which
would attack the white fly, which Infests
the orange groves of the United States,
R. S. Woglum of the bureau of ento
mology, liepartment of Agriculture, has
readied Washington with the roveie.i
priue. He brought back from India six
orange trees covered with the coveted
parasites, which he found In the hills of
India, The parasites were in fine condi
tion after their l.O00 ' trip.
AGAINST FEDERAL CONTROL
Railroad Securities Commission
Makes Its Report.
SUGGESTION IS NOT FEASIBLE
Unforced PablicKy of Itallrond Fi
nances and Farther. Legisla
tion by the Stalea , Is
Recommended,
WASHINGTON, Dai. ll.-The railroad
securities opinnilsslon, headed by Presi
dent Arthur T. Hartley of Yale, has re
ported that It would be practically- Im
possible -at this time to plaoa Issues of
railroad securities under federal con.
trol. A distlnugulshed group of Investi
gators waa named by Prosldent Taft to
co-operate with Prof. Hadley. They were
rrederlck N. Judson of at Louis, Fred
erick Strauss of New York, Walter U
Fisher, secretary of the .Interior, and
Balthaaer II. Meyer, a member of the
Interstate Commerce commplaslon. The
Commission recommends that enforced
publicity for all railroad financing ia the
most effective weapon' agalnat stock
watering which the government has at
Its command.
The commission was created In 1910,
when the senate refused to accept a
house amendment to the pending railroad
bill, providing that all future issues of
stocks of railroad . securities be placed
under the control of the Interstate Com
merce commlsalon. Many of the senate
democrats opposed it as an Invasion ' of
state's rights. President Taft at the
time told republican leaders the party
was committed to such a measura. but
when It appeared Impossible to 'pass It
tho president agreed to have the clause
eliminated, with the understanding that
the commission to study - tho subject
would be allowed. This was done and
the commission began work -in the
autumn of 11)10. Public hearings were
held and Chairman liadity studied the
problem abroad. .
The commission's report Is - distinctly
adverse to the legislation proposed In
tho railroad bill.
President Taft In transmitting the re
port to congress today, declared that ha
heartily concurred In the recommenda
tion. The commission's piinclpul conclusions
are.
That any attempt by congress to adopt
the policy of federal regulation to the
cxciutilon of state regulation would be
piemature. -
That for the present, stale authorities
htulU inuke a concerted effort to har
monize, existing requirements,
'i'litft congress should prepare fur the
iutuio by giving consideration to a fed
erul incorporation act which would per
mit interstate railroads to exchange
their state charters fur national ones.
Favors Process of Involution.
The coninilsnion takca the ground that
constitutional questions involving the
scope and extent of federal authority are
unsettled and will retnaiu su fur some
lime; and that while such a condition
exists to superimpose federal regulatluu
upon state regulation would add lo the
conflicts and complexities, which In th
public, interest, should lather be dimin
ished than Increased.
"L'nless the constitutional power of con
giess to regulate securities of Interstate
rullroada is definitely established as be
ing exclusive of state control, either the
Jcuerul government and the state will
tuinu to a geiieial understanding as to
the principles to be adopted In the con
trol of security Issues, or the railroad
systems will be glvsn tho opportunity
to excliangu their state charters for fed
eial ones," says the report.
"Until such exclusive jurisdiction can
be established the creation of a separate
adiiilnlstiatlve body subjecting the rail
roads to a new system of concurrent su
pervision, In addition to the many old
ones which now exist does not seem
just, expedient or economical."
For the present the commission recoin-
(Continued on Second Pose.)
KOOSEVELT BOOM
WELL UNDER WAi
Members of National Republican
Committee Sounded as to Possi
bility of Forcing Nomination.
LEADERS CONFER WITH COLONEL
Frends Assert Would Be Forced to
Accept the Honor.
FIGHT OVER BIG SUBCOMMITTEE
Hilles and Hitchcock May Be Ar
rayed in Opposition.
VICTOR ROSEWATER MENTIONED
.Name' of Nehrnsknn on Tentative
Male for Committee Formed hy
Postmaster General and Aet
Ina Chairman Hill.
WASHINGTON. Dee. 11. -All attempts
to dlsgulso the fact that a concerted
movement Is on foot looking to tho nomi
nation of Theodora Roosevelt as the re
publican candidate for president In 1913
were apparently dropped today when It
becaiiio known that mombers of the na
tional committee were being sounded as
to their view of the fenslblllty of "forc
ing" tho nomlnntlon of the former presi
dent. ,
On the eve o ftlio assembling of tho
republican natloiml committee little was
talked of today but the prospective atti
tude of Colonel Roosevelt. It hecumo
known that several leading republicans,
on their way to Washington to attend
the conference", had stopiwd over In Nev
York and had long talks with Colonel
Roosevelt, and that still others had made
engagements to sen htm either at New
York or Oyster Hay following the meeting
of the national committee.
The supporters of Colonel Roosevelt
now hero are basing all of their argu
ments In bis behalf on the claim that
while the former president has announced
thitt ha la not a candidate lie has net
said he would not accept the nomination
If It were tendered to him.
They claim that as a "good American
cltlsen Colonel Roosevelt could not do
otherwise than accept once the conven
tion had acted."
Seek Convention lelory.
No attempt. It was said, would be made
to bring the Roosevelt sentlmen to a
focus at this time. Tho hope of his sup
porters Is to achieve victory In the con
vention Itself. For this reason they have
practically dropped the fight to have the
national committee declare In favor of
presidential primaries, but they are press
ing the argument that delegates should
go to the convention unlnstducted.
Friends of, President Taft are meeting
the Roosevelt aentlment everywhere and
assert that the movement Is a well di
rected one. They are urging President
Taft'a nomination on the ground that to
refuse to Indorse his administration would
be to discredit the parly.
. Chairman W. L. . Kouser . ot tke pro
gressive republican campaign committee
today gave out the text of a letter written
by him to President Taft requesting the
president to join In the effort to secure
country-wide primaries for the direct
nomination of presidential candidates.
He said he believed a word from the
president - approving the plan would as
sure Its adoption by the national com
mittee. 1 It Is reported a sharp fight will occur In
WASHINGTON. Dec. 11 It was re
ported that a sharp fight will come up In
the republican national commlttoe over
the proposed naming of the all-powerful
subcommittee of five to make plana for
the convention, to choose the chairman,
etc., and that the fight would find the
secretary to the president. Mi. Hilles. and
Postmaster General Hitchcock, arrayed
against each other.
Mr. Hitchcock, accompanied by Acting
Chairman Hill and Secretary Hay ward, of
the national committee, went to the White
House this afternoon and bad a lengthy
conference with Secretary Hilles. Jt was
said . that Mr. Hill had already agreed
with Mr. Hitchcock as to the personnel of
the subcommittee and that their list did
not include Colonel New.
It was. said that three names on their
ttttn were those of Mr. Hill himself. Vic
tor Rosewater' of Nebraska and Cecil
Lyon of Texas, the 'latter an Intimate
friend of Colonel Roosevelt.
Mr. Utiles ha favored naming the sub
committee at this tlmo with Colonel
Harry S. New of Indlunu as chairman.
Mr. Hitchcock, it is said. Is directing a
movement to lcuvo ' the power to name
the subcommittee In Uie hands of the
chairman of the committee.
This fight gives further Indication. It
nil pointeu oui, 01 m ucairu ui suine
..1.11 . ..11
repu uutrmiiB lu m v v iui iihiiiciv miubuii
the coming campaign open for the time
being, In the belief that something might
happen to change the situation.
Dispute tluy He Mettled.
It was reported that at least a partial
adjustment of tho factional differences
among tho Ohio republicans probably
would result from the continued confer
ence between Walter Drown, chairman of
Hie state committee, und Arthur I. Vprys,
the republican national committeeman.
The differences are largely over the
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