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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 16, 1912)
This Day in Omaha
TMrtr Tnatr Tw Taut Af
so sartorial Pag s" Ian
The Omaha Daily Bee
VOL. XLI XO. 182.
OMAHA, TUESDAY MOBXINO, JANUARY 16, 1912-TKX PAGES.
SINGLE COPY TWO CENTS.
Enmor of Friction Between the
vi :j x T a . e.
riniucui Bun xoiuouicr ucu
eral Are Flatly Denied.
HITCHCOCK LOYAL TO TATT
Would Hot Bemain in Cabinet if He
ABOUT TELEGRAPH KCTDEST
Becommendation About Purchase of
Linet Drafted Lait Tear.
WILL BE SENT TO CONGBESS
It Had Kat Itn Sabsaltted ta Prea-
Ideal Will Kat Be Preeeated
a mm AdsataLstrattoa
WASHINGTON. Jan. li-vAftsr Poll
master General Hitchcock had bean In
conference with President Taft lor more
than an hour today an authoritative
statement was made at the White Homo
that there had been uo friction between
the president and the postmaster general
over the latter' propoeed recommenda
tion that tbe government aoqulre and op
erate all telegraph lines as an adjunct of
(he postal system.
Mr. Hitchcock, had been summoned to
the White House shortly before noon and
there had been reports that the president
was annoyed over the publication at this
lime of the matter. It developed, hoir
ever, that Mr. Hitchcock had called the
matter to the president's attention a year
ago, but to make a more complete Investi
gation a delay had been decided on.
Rasaer sif Friction Denied.
One report abroad today was that Mr.
Hitchcock's action meant a break with
President Taft. and a probable alignment
of the postmaster general with the ad'
vocatea of Colonel Theodore Roosevelt tor
president. This was specifically denied.,
mends of Mr. Hitchcock declared that
tlie latter was most loyal to President
Taft In every way and would not continue
in the cabinet for a minute If he were not.
it was also said that the postmaster
teueral's recommendation would go to
congress according to schedule to receive
such consideration as the leaders of the
house and senate saw fit, and without
comment by the president.
The statement given out at the White
House follows: -statement
frost Whit Hour,
"A recommendation by the postmaster
general that It would be well tor the gov
ernment to buy the telegraph lines and
Incorporate them In the postnfrtc system
appeared In an earlier annual report sub
mitted by him to the president. After
xniw discussion It -was decided at the
suggestion of the president to postpone
reference to the matter to another year
and not to bring It forward then because
- the) recommendation of many other Im
portant changes. Including the postal sav
ings banks and the parcels post, . These,
If adopted, would take up all the energy
t the Postofflr department la making
the necessary changes. '
"The postmaster general Intended to
bring this matter to the attention of the
president before the publication In ad
vance of this part of his report. After
having made preparations for publication
he was suddenly called out of town with
out having done so.
"Ills conclusion as to the wisdom qf
taking over the telegraph lines had been
reached only after full Investigation and
consideration. Aa the report containing
the recommendation' has not yet been sub
mitted to the president It has not yet been
considered by him or by the cabinet with
a view to presenting It to congress as aa
Oplaloa af senator.
Discussing the postmaster general's
Wans. Senator Cullom of Illinois said:
"Oa the theory that the telegraph Is a'
part of the mails. It seems to me that It
would not be out of place for the govern
ment to own the telegraph lines. "
Senator William Aldea Smith of Michi
"Aa a natural appurtenance to the pos
tal system 1 have felt that the telegraph
could be more appropriately operated by
the government than any other branch of
He said he had long opposed the gov
ernment ownership of public utilities,
"The question of government ownership
of public utilities Is a great one that needs
(Continued on Second Page.)
'Tin i p: ::::::::::
FOB NEBRASKA Generally ' fair;
FOR IOWA Unsettled ; rising tempera
ture. Tesaasnalsua at Omaha Yesterday.
I a. m IS
a. m -11
J a. m il
I a. m -HI
a. m u
10 a. m il
II a. in M
11 at l
I i. m 1
I p. m
i, hi I
! . in
l, , live larval Reeerd.
mi. mi- li. 139J
ll.ghett yesterday 1 a M S
lowest yesferday . U 4 1 II
)lean temperature 11 M IT
precipitation - . . M
Temperature and precipitaOoa depart
ures from the normal;
Normal temperature.. ... 39
Deficiency for tbe day
Tntal excess since March . 90s
.Normal precipitation ettnch
Deficiency for tbe day t inch
Total rainfall since March l..tt Inches
Del .c'.ency sine Marco 1 11. inches
Deficiency for cor. period, U10.14.9o Inches
j,xcea for cor. period, lies I: tncmrs
swport Frasa talleuu at T p. SB.
BUtlcn and Stat Temp. High- Raln
of Weather. 7 a. m. est. fall
pes Moines, clear
Dodge City, cloud?
North Platte, cloudy...
tinmaa. cloudy --
Hapid CIV, dear
Xmlt Laka CKt. dear...
ftaata Fa, pt- cloudy...
Sioux City. Cloudy
Indicates oeraw sera.
1 A. WE2AU. local Forecaster.
The National Capital
Meaday, Jaaasury ,
In session at 9 a. m.
Senator Lorlmee continued his defense
before election nqJiy committee and
had a sharp interchange with Senator
Kern over political ethics.
Industrial exoosllions committee post
poned until next Monday hearing of Cal
ifornia on measures for government par
ticipation In an Diego ana Ban ran
Cisco exposition in rl
Public consideration of arbitration
tixuies decided, M to in executive ses
sion. Lodge (Mass.) unsuccessfully sought
ltnmeai.t ennaideration of ills amend
ment to the resolution for ratifying
treaties. Gave notice ne wouia renew
efforts. , .
Ravner (Md.l announced he would speak
Tuesday on arbitration.
Adjourned at 4:48 p. m. (II! ! P. m. Tues
day. The House.
Interstate commerce committee held a
hearing on Panama canal tolls.
Sugar trust committee heaj-d further
Rules committee gave heanng oa pro-
Secretary Knox ditcussed diplomatic
and consular appropriation bill before
foreign afalrs, committee.
Apologies were offered by Representa
tives Johnson of Kentucky and Madden
of Illinois for their wordy altrcaUoa la
the house Saturday.'
, , n i.ii T .t.. lUnn began
fight for immediate action on Madden
bill for physical valuation oi an rauruau
property. , ,
Henale pensions committee considered
ihnni aetiAn ftherwood and other gen
eral pension bills.
The democrats aeieaiea vne em
bring up railroad physical valuation bill.
Adjourned at M P. m. till noon Tues-
More Figures from
Packers' Books Are
" Read Into Records
CHICAGO, Jan. 13. Counsel for the gov
ernment today continued the task of
reading to the jury In tb trial of the
Chicago packers, charged with maintain
ing a combination In restraint of trade,
entries from the book of Morris eV Co.
In aa effort to show that the accounting
systems of the corporations controlled
by the defendants an practically th
Sam and played an Important part in the
alleged plan of co-operation.
Allowances msds by th packer for
hides, oleo fst and other by-products
were meed through th different books
of account by months In an effort to
show that th amounts credited wer less
than th market value.
Th government contends that the
packers by this system wer enabled
materially to increase th teat cost of
beet and thereby raise th pries of fresh
meat to th consumer without' showing
sn exorbitant percentages of profit on
The by-products It was chsrged were in
several Instances sold to subsidiary com
panies oen trolled by th packers at less
than the market price, where they wer
mannfactured and sold at a large profit
On af the. usslllis idis or
ganised by tb packers with a capital ef
HS.OSI td handle oleo oils la reported to
have earned Mio In on year.
The government will endeavor to prove
that th packers In figuring th test cost
of fresh meat allowed only to cents a
pound for hides when th market prlc
was fo II cents, end that oleo fat was
disposed of In books tor t cents a pound
when th market prlc was cents
Although the books showed Morris a
C.' slaughtered from IS.) ta 36,001 cattle
each month from November, 1MR, to
April, IMP, the allowances for bids aver
aged from KM to 1600.
Th government argues that these
smsll credits were for aslt and tain ob
tained from other departments and that
no allowances were really made for bides
during th period mentioned.
Thomas Shevlin ,
St. Paul Lumber
Magnate, is Dead
MINNEAPOLIS, Jan. :i.-Thomss II.
Shevlin. millionaire lumberman snd for
many years prominent In the nsrthwest,
died todsy at Pasadena, Cal., according
to Information vecelvd here. Death la
supposed to have, be?n caused by uremic
Mr. Shevlin wss born January 1 ISO,
In Albany, N. T. II engaged ta the
lumber business in lsM.
Mr, Shevlin took an setlv Interest In
politics and for four-rears preceding the
last national convention was th Minne
sota member of th republican national
committee. II gave a building to tbe
Ktate university and recently granted fire
scholarships of tM,0M each.
Beside Mrs. Beckwith and tbe son.
Thomas U. another daughter, Mrs. D.
B. Tenner, .survives. Mrs. Shevlin died
In 111. All reside In Minneapolis.
Xeport of Extensive Xauacrei of
Supporter! of Throne in Shen
Si Pro Tine Confirmed.
TOWNS LOOTED A5D DESERTED
Imperial Army ii Within Sixty
Xilet of Sian-Fu.
COTTEI IS MUCH PERPLEXED
It it Unable to Reconcile Conflict
ing Advices of Faction.
AR3DSTICE IS PURE FICTION
Or. Wa Disclaims ReasxaslkllKr for
Military Operation and Impe
rialist (aatlaae Sas
PEKING, Jan. K-TIi Kan-8u Im
perial army, after much fighting, has
succeeded la pushing IU way to within
sixty mUes of Shan Fu. Th entire prov
ince of Bhen-81 Is In a turmoil. Many
town have been looted and deserted.
The reported maesacr of Wm
Manchu by rebels in th Sfcen-81 dis
trict Is confirmed.
Discussion regarding th question of
th abdication of tb emperor continues,
but up to this evening had not resulted
in any decision. The court is unable to
reconcile th conflicting advice of th
Th armlstlos between the Imperial and
rebel force is looked on by military ob
servers as pure fiction. Dr. Wu Ting
Fang disclaims all military responsibility
while the Imperialist suppression at dis
orders Is regsrded ss simply war furs
under another name.
Captain Sowerby's relief party has
brought to Po-Naa nineteen Eaiglleh Bap
tist missionaries and thirteen Swedish
missionaries from 8lan-Pu.
ReveUtlealste Start Ksrtl,
SHANGHAI. Jsn. . Three cruisers
and three trans pons conveying three bsl
tsllons of revolutionary Infantry, eight
machine guns snd three mountain guns
sailed from Shanghai today for Che-Fu.
A large force of revolutionaries la re
ported to have concentrated on seventy
miles of the Su Chow Pukow railroad
Th celebration of the Inauguration of
the republic is general today through
out th city.
Reeepttoa la aaklag.
NANKING, Jan. U.-Th Inauguration
of th republic was quietly celebrated
today by a reception held at tb resi
dence of President Bun Tat Ben, which
was sttended by all th officials who.
have been appointed sine th formation
of th republication cabinet.
" a - r
Fiye Men Killed ...
in Collision Near
NEWCASTLE. Pa, Jan. U.-A Balti
more A Ohio passenger train crashed Into
a Pittsburgh Lake Erie train In the
railroad yards her today and five per
sons are reported kUled, among them
being Engineer James Cannon of Pitts
burgh and Fireman Cunningham of
Mahonlngton, Fs. Baggage Master J. U
Croft of Pittsburgh. Hallway Mall Clerk
Carnehan of Oil City, Pa, and Conductor
J. M. Ellis of Chicago hava been taken to
th Shanango Valley hospital here badly
hurt. An open switch caused th accident
U SI .
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4 3 .
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! 1 ' en
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J4 4 M
Hotel Pasadena is
Destroyed by Fire
PASADENA. Cat. Jan. Ik-Fire of un
known origin tonight destroyed the
Pasadena hotel, a fsvorlts winter home
of snany wealthy easterners. At 1
o'clock th entire main structure of the
hotel had been destroyed and tbe flames
were finishing their work on th big
north wing, newly opened this season
No Uvea wer lost.
Th loss Including bsggsgev of tb
guest Is placed at 126. OM.
Practically every room In the hotel
was occupied and when the fir stsrted
bell boys snd elevator men under th
direction of Manager Wilson, rushed from
door to door, aided by th operator at
th telephone switchboard, who sat st
her desk calling room after room until
every guest In th hotel was awake.
THIRTY FISHING VESSELS
ARE FAST IN THE ICE
WASHINGTON. Jan. H-Thlrtr Anwr
toaa fishing rsss.M with cargoes of
frost herring valued at BOHtM are Im
prisoned In tb lc flos oft th coast of
Now Found land and threatened with de
stnietloa. In respnos to an appeal from
Collector of Custom Jordan of Glou
cester, Masa. Assistant Secretary of the
Treasury Bailey today ordered tbe reve
nue utter Androscoggin 4, G res ham
to thsir aasttaac
Asserts Alaska Hurt
by Bad Mining Laws
WASHINGTON. Jan. It-There are se
rious defects In th general mining Isws
of th United States as applied to A aiki
and thee defects are becoming more
apparent Is th opinion of Governor
Clark, expressed In his annus) report to
Secretory of the Interior Fisher.
The existence of provisions which tend
to retard development and to encourage
mors speculation has been complained
about frequently by progressive mining
men In the United States, he says, and
"In Alaska there still is more ground
for complaint, for th owners of mining
elatms In many cases reside elsewhere
and have no Intention of operating their
claim. Th mottv to develop as a con
dition of ownership Is entirely wanting
One of the worst discouragements to
mining development under present condi
tions, he asserts, m the frequent snd
long drawn out litigation In the courts
over mining claims and water rights
ahlch the present system Induces. Com
menting on th fsct that there was no
increase In population In Alaska daring
the hut year. Governor Clark declares
that "any considerable increase In the
population of th territory must await
a more liberal governmental policy as a
whole. Including a revision of th present
land laws and th enact meat of new ones;
and, furthermore, in some measure
more considerate attitude on th part of
th press and the peopl In tne states
toward the development of A'sik by
highly capltallaed Interests."
Harmon Says Tariff
Will Be the Issue
MILWAUKEE, Jsa. li Governor Jud
son Harmon of Ohio, In a talk as a guest
of the City club, today declared the tariff
pribably would be the chief Issue at tbe
coming national election. He said he
favored a retrenchment of public expenses.
SHERCLIFFE CASE IS
POSTPONED TO FRIDAY
DENVER. Jan. IS. The State Board of
Pardons today again deferred action until
Friday on th application oC Sherman W.
Morris, alias Frank Bnerdlffe, for par
don. Morris to serving a twenty-five year
sentence la th penitentiary for the
murder of John W. Waleb, a miner, in
Leadvlll several years ago.
lOfr " ! Jf$terTf$ OI.NNA YE KEN V
if tT YVE $Q WSX SJaA R,CH NCLEK.
From ths Chicago News,
FRENCH PEOPLEARE UNITED
Keadineii of Prominent lien to Ac
cept Minor Office Evidence,
STEW MINISTRY IS STRONG
Prearar frasa Wltksat Calls At
teatlea ta Need af Stable Gov
ernment and Caatlaalty
PARIS, Jan. IS. The readiness of such
prominent men ss Leon Bourgeois,
ArisUde Brian, Theophils Delcasss and
Alexandre Mlllerand to accept minor
phvasa la th ostiuset loomed by
Raymond Polncar has created a pro
found impression In France. Their ac
ceptance Is generally regarded as a
striking evidence of th solidarity, self-
sacrifice and patriotism of Frenchmen
at a time of national need.
Th press of all opinions todsy com
ment on the strength of the new minis
try. Even tb monarchlstic Galons ad
mits that it Is th greatest cabinet ever
formed sine th foundation of ths third
The circumstances of the fell of the
cabinet of M. Caillaux have thrown Into
discussion th whole question of the par
liamentary form of government. It Is
pointed out that Frenchmen both at
home and abroad realise that the great-
eat defect of modern France la to be
found In the bitter lnternsl dissensions
and conflicts of the parties and In the
lack of unity concerning problem affect
ing the progress of the nstlon.
Coatlaally t Fellry Needed.
The general feeling prevails that what
France needs Is a government of stabil
ity and that continuity of policy is ren
dered difficult by frequent changes In
th ministries snd the absence of cen
Tbe lessons of the past have Induced
Frenchmen to grant little power to the
president of the republic, but wonder Is
now expressed whether this system has
worked out practically.
A distinguished parliamentarian gave
his opinion on th new cabinet todsy as
"I regard this cabinet, which contains
th best of the men of the French nation,
as ths test of parliamentarism. If a
cabinet composed of such men is Id be
overthrown on some petty Issue it will
b Urn for all Frenchmen to conside
seriously some change in the form of
A new feature of th present ministry
Is that Ariatld Brian d. th minister of
Justice, la named vie president of the
cabinet which means that he will repre
sent the government In Parliament and
elsewhere In th absence of Premier
Italy Aratias; Asalaat Austria.
VIENNA, Jan. .-Considerable sensa
tion has been caused In political circle
here by some recent speeches delivered
by Baron Fuchs, the clerical leader, who
declared that Italy I arming agairot
Austria snd when the wsr In Tripoli Is
over tb king of Italy must either flgut
Austria or go Into exile.
Baron Fuchs also Insisted that tbe In
timate relations which hare for so lor.g
existed between Austria and Germany
are becoming weaker as th result of
Austria's failure to support her ally dur
ing th Moroccan crisis. He likewise
oomplsins that Austria's relations with
the Russisn empire bed not been weU
Baron Fuchs is said to have demanded
an explanation from the Austrian foreU-n
minister. Count Alois Lexas Von
Aehrenthal. of .tha sstd differences be
tween Austria and Germany, of which
he la said he possessed accurst knowl
edge: but the foreign minister maintained
absolute silence on th subject. Baron
Fuchs, therefore, considered that he was
perfectly Justified In expressing publicly
his dissatisfaction witht Count Von
Aehrenthal's foreign policy.
Prvsldeat af Fsrsgssr Rewtsaa.
BUENOS AYRBS. Jan. li-The Para
guayan revolutionaries have captured
President Li bora to Rojas and forced him
to resign, according to telegrams re
ceived here tod ir from Ascunsion, the
Psragusyan capital. The garrison in
thj city remained neutral.
His Touring Car
HASTING?, Neb., Jan. U.-43uclal
Telegram.! Char lea Brandt, postmaster
at Glenville, met with a mysterious death
this evening while fixing his automobile.
At 1 o'clock Mr. Brandt went to his
garage hack of his nous and began to
adjust his touring car. Aa he did not
return to the house during th aext two
hours ths maid went out to ascertain th
trouble. She found Mr. Brandt In a dying
condition beneath th body of th car.
Dr. Hatley was immediately lld, but
life was vPlitt I ' S'leMl tie glllisff
Aa th magneto was on and he held a
nice of steel In his hand It Is thought
that he received a severe shack and wl
thrown under the car In such a manner
a to kill him. However, th only marks
upon his body were two smsll bruise
across th nose and cheek.
Charles Brandt was unmarried and had
been postmaster at Glenville during th
last six years.
Says Trusts Control
Distribution of News
WASHINGTON. Jsn. 16. The house
committee on rules began consideration
today of proposed Investigations Into th
ho-called money, shipping and harvester
trusts. The committee probably will sug
gest the appointment of a special com
mit tee to conduct a Joint Investigation of
the trio of Industrial concerns.
Representative Humphrey, who re
uueMrd the shipping trust inquiry, read
a letter from Attorney General Wlcker
sham slating that the proposed Inquiry
would In no way Interfere with the gov
ernment suits relating to pooling agree
ments. Mr. Humphrey referred to dis
crimination by steamship lines operating
in the Pacific
Mr. Humphrey said ther was an agree
ment among the steamship lines to sup
port no newspapers that favored an
American merchant marine or were hos
tile to the conferences.
"Do you believe that our American
newspapers are subsidised In thst way?"
asked Representative Foster.
"I think some of them are," he replied.
He added that at on lime It had been
difficult to git news on this subject out
of Washington, but thft It wss not so
difficult now. J-.S
Cuts Ice Foot Thick
to Drown Himself
HKLI.rJ FOCItCHE. S. !., Jan. 15.
iKoc1mL With the thermometer 30 below
xero, Douglas May, a well known Custer
county, Montana, resident, went to a
small water hole northwest of Knowlton,
Wyu.. and drowned himself. lis wss stay
ing at the ranch of friends and had been
despondent, and la believed to have be
come mentally unbalanced. Arising early
In tbe morning be took an axe and went
to the water bole, where be chopped
through a foot of ice, dropped the axe
into the aatcr and tben climbed In after
it. A searching party a few hours later
found th body frown under th lc.
Msy came to this country ten years sgo
from the Isle of Wight dnd is said to
hare well-to-do parents in England.
IS TO SUPPORT G. W. EGAN
PIERRE. S. l., Jan. IK Special Tel
egram.) One of the leading fuature of
tbe primary campaign In the stale today
Is tbe formal anouncement by tbe Dally
Capital-Journal, tbe leading republican
paper of this city, that It will support
tbe candidacy of George W. Egan for
Alleged Dlassoad Thief Gives Bead.
.MINNEAPOLIS, Jan. i;.-.rtliur J.
Kavsnauffh. proi'relt"r of a lo-al theater,
vim tod:,v arraicned on th eliarse of
complicity In tbe theft -of .0 worth of
diamonds from the firm of White a
Naughton eeember 22. KavanauKh, also
known as 'Psddv" Irish, and who owns
theaters In Farao. X. I., peladed not
guilty and was released on S?,'J0 bond.
Datti Specified for Thoie to Be
Held in Hebruka.
BIRD EEiEEVE KEA2 VALENTdE
President Will Saaa lsa Prawlassa.
Ilea . Seltlag Asld Traet la
Cherry Caly Isr Tib
(From a Staff Correspondent.)
WASHINGTON. Jan. IL-tttpeclsl Tele
gram.) Civil service xainlnaiioa for da
partinental service In Washington will be
AIIIsmm, March It, April a April M;
sBatrlr. January 33, March I; rBokn
Bow. April 4; Fremont, January S. April
ll;,Uiaud Island, March 13. April I, April
M; lloldrege January IS, April I; Unooln,
January U, March U, April a April 10;
Norfolk. January 8, March U. April lu,
April 11; North Piatt. March It, April
M; Omaha,-January 39. March 11. April 10.
Harmon P. Marble of Humboldt, Neb,
waa appointed clerk In th western
Navajo Indian agency. Art sons.
get Asld Bird Reserve.
The president has signed an order set
ting aside 14.00 acre for a Bird reserve
at Fort Niobrara. Other game may be
placed In the reserve. If desired, such aa
Ik, buffalo, or other large animals. Con
gressman Klnksld said with reference to
the order which had been made by the
interior department and signed by the
president, thst Ihs land In question was
about five miles east of Valentine, and
that tbe consent of the Valentine Com
mercial club bad been filed with the de
partment for making the land available
for Uils purpose.
While Mr. Klnksld believed that It
might have been better for the tract to
be opened to homeatesders, he said he
bowed lo the wishes of ftie Commercial
club, and no longer opposed the action.
Tbe tract Includes a portion of the river
snd bluffs on either side, and while
sandy, would have been suitable for Kln
ksld homesteads. A proclamation will
soon be made by th president In the
Land Office Res later.
The president today nominated Brantley
8. Sturdevant to b register of the land
office at O'Neill, Neb. He also sent In
the following nsmes lo be postmasters:
Nebraska W. J. Brunnell, Bethany;
Dell Akin, Atkinson; Edward II. Parker,
Iowa Simon D. Blenning, Ackley;
Walter II. Cousins, Alden; Nathan O.
Former Benitor Millard and his nephew,
Kara Millard, are in Washington today
en rout to New ork. Mr. Millard spent
a portion of tb afternoon at th Capitol
on th floor of th senste talking with
his former colleagues.
John O. Tucker of Valentine Is In Wssh
Ington upon legal business before the
THREE KILLED BY BOILER
EXPLOSION AT JOPLIN
JOPLIX. Mo., Jan. IS. The explosion or
a boiler st a mine near this city today
caused the death of three workmen and
th serious Injury of a third. Ths build
ings at th mine were wrecked.
The dead are:
FRANK AI.I.EN. aged JS
JAMKH HKATHUR K, aged II
UALi'll ALLEN, aged 13, son of Frank
Clyde Allen, another son of Frank, was
blown fifty feet aad It Is believed fatally
injured. The cause of the explosion of
the boiler is not known.
BROWNING & KING'S
CLEVELAND, Jsn. 11-Tb lives of
scores of clerks wer endangered and loss
that will run well above f40n.00 was
caused by a fire here today In th five
story building occupied by Browning.
Kins . Co.. aad R. B. Baker Baum It
Co., clothiers, and the Miller Millinery
company. A doz -n women employed In
the nUUlnery store were mode uncon
scious by smoke, but all were carried
out and revived, y
Supreme Justice Uunimoiuly Ap ,
prove Act Making Employer
Xeiponiible for Injuries.
OLD PRINCIPLES DISPLACED
Fellow Servant and Contributor"
Hegligence Doctrine Abolished.
ASSUMPTION OF BISK LOOTED
Employe Who Xnowi Danger ot
Taik ii Protected.
TAKDEBAXTEE CITES DECISION
Jaatle taaalaWra Lara Xasaswr el
Oajeetlea aad Rejeet Karh la
aa Oplaloa Prepared by
WASHINGTON. Jan. li. After neatly
a year's consideration th supreme court
today gave Us unanimous approval to th
employers' liability law enacted by con
grass, In lMt to take th place of a slm
ilar act declared unconstitutional.
Th decision nsrk an epoch In labo
Th old common law, hedging la th
right of employes, I displaced la sev
eral particulars by tit Marat approved
today. Notably among thsee ta tb aboli
tion of th "fellow servant doctrin" and
th substitution of a law making employ
era flsbl for tb negligent of an em.
ploy resulting In Injury to an Interstate
commaros employ. Furthermore R free
th employe from "contributory neglU
gene" in many Instinct and limits ths
affect af th doctrine in others and like,
wis la many case liberate tb em.
ploy front ssamlng th risk whan b
enter employment knowing th, danger;
In his employment, t
la th Beetle Babeock cat from Mon
tana, tb Mary A. Walsh esse front
Massachusetts and th Bdar O. Nondaa
oas from Connecticut the law was at.
tacked seemingly from every conceivable
point of view.
Jostle Vtndevantor, In an original
opinion, considered the objection and
rejected each. Ha first decided that eon.
gras had the power to regulate tb
duties ot the commm carriers la respect
to th ssafety of Oulr mploys. whll
both are ngagd In commerce among the
state and th liability of the former for
Injuries sustained by th latter.
Both have real or substantial relation
to Interstate eonunerca and therefore era
within th rang of this power." th Jus
Objection were refuted that th law
prevented contracts whereby th railroad
exempted Itself from liability and that
th law Improperly slasstflsd earner.
IritXIMerwgtg and mtraaaata croup. auv
thoritle war cited sis to how that no
valid objection oould be founded la tb
fact that several states already hav de
termined th liability of Interatat com
merce employers. Pursuing this hot, th
Juatloa said thst "now that congress hs"
acted, th law ot th atata. Insofar as
they cover tbe same field, are superceded.
tor necessarily that which I not suprem
must yMd to that which Is."
Mate Man Obey.
wik.hv Justice Vandevaater considered!
tha position advanced by Judg Baldwin
ot tb Connecticut supreme court of er
ror that Connecticut could not enforce
th law because its public policy waa
contrary to th law.
"W ar unable to assent to th view,
that th nforcmnt of th right which,
h noiutreaalonal act creates waa orig
inally Intended to be restricted lo tit
federal courts," Justlc Vndvnler
said. "Th act contain nothing whlcn
la suggestive of such a restrict loo. f
"The suggestion that th ct ot con
gress Is not in harmony with th policy
of th stal. and therefor, that tha
court of Hi stal ar free to decline
Jurisdiction, ta tnadmlssable. because It
presuppose what In legal contemplation)
does not exist.
wh.. mnffniu in tha exertion of
power confided to It by th constitution.
adopted that act It spoke for Bit ine peo
ni. mrui mil the states and thereby es- -
tablished a policy for all. That policy
I aa much tha policy oi lonnecucui a
it the act had emanated from Its own
legislature snd should be respected sc.
cordingly In the Isws of th state." ,
Justlc Vandev enter said th court wa
notd lapoeed to believe that th exer
cise of Jurisdiction by th courts would
be attended by an appreciable Inconvenl
nc or confiscation.
CAVALRY TROOPS WILL MAKE '
LONG TRIP THROUGH DESERT
EL PA80, Tex.. Jan. 14. Beginning ens
of the longest overland marches any
troops of ths regular army have made in
many years, six troops ot tha Fourth car.
airy left here today for Fort Huachuca,
Alia., a distance of Es) miles, moat ot tb
rout being over mountains or desert.
Tbe troops are commanded by Lieuten
ant Colonel -Gal oral th and hav been on
border patrol her for several month,
encamped near El Paso.
Glvn away each day U -
th ant ads to thos tiadlas
lb sir namaa.
Read tn want ada mtk
day. It yoa don't get a trig
yoa will probably find ao ma
tting sdTartiawd that appeal
Sack day the) prteea ar
ttered ao puxzio to aolva s
abacrlpUOQS to get sothJaf
but finding your nam, it win
appear aoma tlma.
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