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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 14, 1913)
The Omaha Daily Bee Drawn For The Bee The best newspaper artiste of tho country contribute their beat work for Doe readers. THE WEATHER Snow; Warmer VOL. XLII-NO. 180. OaiAllA, TUESDAY MORNING, JANUARY 14, 1M3-TWKLVK PAGES. SINGLE COPY TWO CENTS. ARCHBALD GUILTY UPON FIVE COUNTS. SENATE'S VERDICT judge "Barred from Public Office After TwentNine Years bn Bench. FIRST VOTE SIXTY-EIGHT TO FIVE Jurist Insists that no Wrong Has Been Done by Him. SENTENCE IMPOSED BY BACON Receives ' the Full Penalty Allowed by Constitution. ANSWERS GIVEN IN LOW TONE .Ttiilicc Ai'lilmlil mill Ills Family !tt Thrutivhont Afternoon In Little- Committee Room Ile lit nil Guarded lloor. WASHINGTON. Ian. IX-Robert W. Archbald. of Ecrantbn, Pa., for twenty nine years an occupant of judicial posi tions, 'upon the Pennsylvania state' bunch, the. 'femoral district bench ahd the United rttntcs commerce court, today was ad judged guilty by the United States sen ate of "high crimes and misdemeanors," was stripped of his office and forever rtlsqualted from boMlng positions of public honor or public trust. ' The conviction and Judgment oame as tho conclusion of the Impeachment trial that has been pending In the senate since last summer on charges that Judge Aroh hald had been guilty of misconduct and misbehavior as a judge, and that he had cortuptly used his Judicial power to fur ther tho private Interests of himself and his friends In tho acquisition of coal land properties In Pennsylvania. Upon ' flYo of the thirteen charge brought against him by the house of representatives,- Judge Archbald was found Bhllty. Tpon the other elclit the senate voted him not guilty, the majority In some cases being against him, but fall ing of the two-thirds majority necessary for conviction. Any one of the five ver- Olcts of guilty was enough to bring about the- punishment Imposed upon him. Th eend of the Ions fought struggle in Ojn senate came erly in the afternoon wlien the vote was taken on tho first article of Impeachment. With gallery doors locked to prevent the movement of spectators, an unaccustomed hush pre vailed 'throughout the chamber, senators rose In their places ,a their names were called and pronounced the word "guilty" In almost Inaudible tones. The vot on the flrfcharo tbtt JUdgs Archbald had corWtly'lrtrioflnceci qtfjcjaltf'ptiia Krl -..i....: a-,.. ..ll dim. hn. a.tvdid culm dump at Scranton, resulted la M convic tion, by a vote of 64 to 5, JUIll llenle WroiiKdolu;. ljt a" little committee room oft the gal-. Icry floor, behind a. guarded, door. Judge Archbald, his wife and his son Hugh, rat throughout the afternoon as the scn Hte voted upon tli charges against him. The first voto of conviction was carried to him by his son , from the gallery, ttfter sentence had been Imposed upon; him, Judge Archbald and his family left tho capltol, to go at once to the family home ut Scranton. "I havo always known that I have- dona no wrong, and the vote of no one makes It otherwise,' was his only comment upon the senate's action. Sentence was Imposed by Senator Bacon if Georgia, the presiding officer, after the senate had by a voto of thirty-nine in thlrtv-flve upheld a resolution offered by Senator O'Gorman of New Tork au- 1 320 for Its property, according to a de thorlz'ng the full penalty provided by the ' clion reached by the railway and canal constitution, 'commission, sitting as a court of arbltra- "The senate ' therefore does order and Ton. ilPrrcc." said 8emU6r Bacon, "and it Is i The whole of the telephone system In hereby adjudged that the respondent, (he British Isles have paeeed Into the Ko!ier,t W. Archbald, circuit judge for the United States for the Third judicial cir cuit, and designated to serve in the coin- inerco court, be and he is hereby removed from offjee, and thathe'be and Is hereby forever disqualified to hold and enjoy any office of honor, trust or profit under the United States." . The sentence of the senate became oper ntive at once, and directions were given that the president and the house of rep- (Continued on Pago Two.) The Weather . v! l'Olt NBHrtXSKA-j-Falr; rising temper- - ature. ruu iu(-ra.r, wiunier in cv V"-; tlon. 'X'em'jerlur at Oiuntiu Vesterdnr ( Oiuatfu Vesterdnr '..!! Hours. 5 a. m 6 a. li: i::::::;::::::: S 9 a lu a It a m in 8 ; in. 'I. 13 ni......'. s( qorwi' up Couil'KKtlrc I.ocflt necorU. 1S12. 1912. 1911. 1910. Highest yesterday ji) S3 S 1 Iowqst yesterday 4 S 3 ID Mean temperature 7 3 53 Precipitation T T .00 .01 Temperature and precipitation depar tures from the normal: Normal .temperature 20 Deficiency for the day lg Total excess tilnce 'March 1 l0 Normal precipitation -at inch Deflclenoy for the day 03 Inch Total rainfall since March J.... a. 67 Inches I uenciency since uarcn 1. i.ct incnes , Deficiency for cor. period. ltU.M.tl incl)e ueiicieuvy i-r-w j?rrou, .9jv.1t. ouincaes j Station and ptate Temp. High- Ham- of Veather. 7 p.m. est. ia. Cheyenne,-partly cloudy... JS a to Davenport, partly cloudy.. is 51 .no JJenver, partly cloudy .21 in to Des Uolties. clear x u .vo Lander, partly cloudy 3S 2 ' . Omaha, clear , 10 T Pueblo, clear 2R 31 .'w Kapld City, cloudy a 32 .i Salt I-ake Citiv cloudy 40 4u .j Santa Fe, partly cloudy.. ,W. . . ,to Hherldan. cloudy 14 K Sioux City, clear 8 T Valentine, partly cloudy. .1$ $ .00 T indicates trace of precipitation. indicates below xero. L. A. WELSH, Local Forecaster. PIONEER NORFOLK EDITOR WHO DIED YESTERDAY. wit. ?m Aft'lsUL 1 t W. N. HUBB. Title to Half Billion Dollars WortLof Oil Land is Before Court WASHINGTON. Jan. J3.-An empire of oil lands worth probably morn than half a billion dollars was tho prlie which brought groups of opposing lawyers today before tho supremo court. The pccas.on was the argument of what reply the court should make to a request for Instruction from the United StateB cirout . court of . appeals for the ninth olrcult which wan unable to decide whether the Southern P&einc railroad company or Edmund Durke and other separate entrymwi wcro entitled o val uable tracts' of land, now said to be gushing forth oil in California. The railroad company has received patents to the land. The government re cently .brought proceedings to have the patents cancelled, but that question IS not before the court. The patents con tained a provision excepting all mineral lands from the grant. It Is this provi sion which now furnishes the principal contention. Burko and those In a similar position claim thai the exception prevented the JandV passing' to. the railroad and. that they are entitled to .the laid under proper entry.'tfrji rallrpndj contends that . tho , Cepttonja jyjd' yi0.njrwaxMSL5 vldenc 9 cannot bo produced to show the lands ! are "mineral'' or oil lands; thi, govern ment naving issued a , patent lor tnem and no friUd having, binn practiced upon it. -Primarily, the Southern Pacific railroad, alone Is concerned In the controversy," but the same exceptions are contained in patents 'to practically every land grant railroad traversing tho -west-and so all will be affected by the decision. Price of British . Telephone System is Sixty-Two Ml ion LONDON, Jan, U.-The British govern ment is" to pay to the National Telephone (company of the United Kingdom J6J.67C,- hands of the state on January 1, 1812. The National TelepHone 'company origirially asked 1105,000.00 for. its Interest;, but.dur- j in(f the seventy-thrce-day trial Just ended (hj, cialm was reduced by many millions, , it, j,ai been expected by stock exchange j exports, however, that tho corripany 'would receive from '150,000,000 to 90,000,n00. The stock of the 'company immedjately upon announcement of tne award fell from HI to 109. The arbitration has been one of the Imost Important In the history of tho coun--'try, 1 Dilrlng the trial tile parties came to an 1 agreement as to the 'cost of the plant, the sum being ?ol,W?,835.; The court then had to decide the percentages which should properly be. added to. this, sum an(1 nt0 lna depreciation. - , Mellen's Lawyers Attack Indictment NEW YOHK. Jan. 15,-Oounsel for Charles' S. Mellen,' president of the. New" i P- m IM Haven inllroad. nlirl a poa of abatement Z p. m"".!";i";!;ilO J ,n tne UnHwl'SWtcs'aiatrlct court'today, 4-p,''m'i.!...!.!.'.!.!:o!assertIiur that tho Indictment charging a J J J ironopoly agreement .against "Tilellen, ; p. m'..'.'.'.......-.- President E.' J.' Chamberjain pf the brand 7 p. m. T Trunk railway and Alfred Smlthers, chairman of'tlie Grand Trunk, were void, pecauie one of the grand jurors was a reslde'nt' of New Jersey. The-Indictments -were returned by the grand Jury fpr tho southern district of New York and under the law all the' jurors must be -residents of this state. The plea of, abatement halts all pro ,ceedings until the validity of the Indict ment Is established, which will take weeks and perhaps months, as Mellen's attor- n.v. fipolni'n thev would rarrv th flirhf n?y" ,? ,ne ell -" . ..vm.v v necessary. Mellen and Chamberlald had entered pleas of not gullty'and had until loaay 10 cnu-isp itieee urus, rsr UTAH ELECTORS VOTE FOR NICHOLAS MURRAY BUTLER SALT LAKH CITY. Utah. Jan- 13. Utah's -four republican" "presidential elec tors met today and cast their votes for President Taft for president and Nicholas Murray MJutler of New York for 4lce president. NEW DIRECTORS FOR THERN PACIFIC in Dissolution of Railroad iOVSerger Follows Conference at XjPVerger Washington. r KRUTTSCHNITT LEAVES THE U. P. Elected Chairman of Board of South ern Pacific Directors. MAY BE FIGHT FOR THIRD ROAD Possession of Central Pacific Great Point to Be Decided. RESULT WILL HINGE ON PRICE Government Will Allow Union Pa cific to Acquire Central Pacific Only Without Aid or South ern Pacific Stock. NEW YORK, Un. 13-Changes an nounced today In the directorate of, the Southern Pacific company are believed tu be tho direct outcome of last week'a conferences at Washington between At torney General Wlckersham and repre sentatives of the Harrlman Interests and of th6 Soutlusrn Pacific protective com mittee. It Is understood the attorney general then Informed; R. S. Lovrtt, chairman of the board of directors of the Southern Pacific and JSVank A. Vandertlp and M. I Schlff, member of tho board, thnt he would consent to no dissolution plan until the Southern Pacific board was relieved o fmen who held similar positions In Union Pacific In point of fact, some of the new Southern Pacific directors long have held Intimate relations with the Harrlman or affiliated Intoiests, but it Is assumed that the changes In the Southern Pacific board will he satisfac tory to the department of justice. It is frankly acknowledged that the plan to sepaarte t'nlon Pacific and South ern rnclflc now centers altogether all aroUnd the ownership of Central Pacific. It Is Intimated In authoritative quarte.-s that Sir. Wlckersham will offer no ob jection to tho Union Pacific's ocgulaUlon of Central Pacific If It can betPJlroct without the aid of the Southern' Pacific stock now owned by. the Union Pacific Insiders. - Har Reopen Litigation. " .On the other hand, "Wall street be1lva a very considerable part or faction of the (Southern Pacific majority will refuse to relinquish control of Central Pttctflc exedpt by legal deoree. Tills might in volve a reopening of the Union Pocifc Bouthern Pacifio litigation and undaunt edly delay by many months the consum mation of the supreme court's merger decision. Union Paplfla offlolals make,. no useri. rot the fact that every step now has fur Kb object the poeeEsiontiot.Contral Pa cific. They exprels iheropinion that tho result Tilnges largely on the price to ,bj paid for that property. Central Pacific's value' Is easily ascertainable, as Its earn ings and. finances always have been a matter Of ueparte bookkeeping. Julius Kruttsehnltt resigned as director of maintenance and operation of ton Union Pacific and wan elected chairman" of the board of the Southern Pacific, suc ceeding It. 8. Lovett, resigned. Judge I.ovett, Mortimer U Schlff and Frank A. Vanderbllt also resigned from the South ern Pacific executive committee and wev succeeded by Kobert Ooclet, James N. Wallace and E, II. Swenson. From the Southern Pacific board of di rectors In addition to Judge Lovett, the following resigned: Otto II. Kahn, Charles A. Peabody, M. L. Schlff, Frank A. Vanderllp, It. W. Goelet, 1. J. Spence (vice president) and Marvin Hughett In their stead the fol lowing were chosen: James N. "Wallace, Horace narding, W. P. Bliss, C. N. Bliss. O. H. Lelghton, J. N. Jarvis, C. If. Kel sey and E. P. Swenson. Goveronr Stays Mum Over Appointment's (From af Staff Correspondent.) LINCOLN, Neb,. Jan. IS. (Special.) Democrats who have longed, for the pie counter so long are getting green with envy at the republicans who aro still Jn touch with the state meal ticket as hold over appointees of Governor Aldrlch. Some of these havo been told by Gov ernor MocTehead to hang on until he decides on their successors, and others are holding on w)th no word from the new governor. An6thor ' day closed wHh no plums handed out by thegovernor. and another disappointed bunch of. hungry boys -chased tueinsejves o iicn .. r. Jtouses all put out. Addison Sheldon of the legislative ref erence bureau spent the da yworklng on bills to be dropped Into the' hopper by the statesmen tomorrow afternoon. Late this afternoon the rush in his office was bo great he was J-jntlng for more stenog raphers, W. N. HUSENORFOLK NEWSPAPER MAN, DEAD .NOnFOLK, Neb.. Jan. 18. (Special Telegram.)-W. N. Huse. publisher of the Norfolk Rally News, died here this afternoon, 'after several, weeks Illness. Slf. Huse was one the old time news papennen of Nebraska, establishing the News to the latter nineties, and maklns It 'one of the live newspapers of tho state. Mr. Hute took, a prominent Part In the affairs of the Nebraska Presa o.wiatlnn and wa always reaoy u into and help iaek any proposl- (ion for the upbuilding of the state. His son, N. A. Huse. wboUas been actively connected with Ihe News, will carry on the work his father has established. Ilnr. tliorne THnl I'ontponed. NEW YORK. Jan. U. The (rial uf Julian Hawthorne find oth?r chaignd with uring the malls to defraud in pro moting mining stockn, waa postponed to day until January !. n ni'-count of con tinued Illness of Federal Jildgo Hough. The judge was itrlck6ii In hU chambers an Friday last. From the Indianapolis News OHIO IS ABOYBDANGBR LINE Three Thousand Persons Driven from Homes at Cincinnati. GREAT AREAS UNDER WATER Water U from Tlirc to Trrenly Feet Deep and I'ropertr Io Will linn Un to 11111 Figures, CINCINNATI, O., Jan. 12,-lt was esti mated today that 3,000 persons had been driven by the Ohio river flood from their homes l,n,.,Cnc.tnnaU-ttn4". tltalUes of. Covtn'gton'.'.N&Whort and &avt6n;"'RctoH the rlJ$r ln "KntuckT - lnr' factories nave been tlbo&iA and hundreds of per sons thrown out of work. The. river continued to rise steadily, but more slowly today, the stage at 9 o'clock being 61.2 feet. The government fore caster predicted that the rise would con tinue toitay and tomorrow and probably a maximum stone of 3 feet would be reached. This prediction was made on the as sumption that there would be no more rain In the next two days. The authorities In tho four cities are doing nil in their power for the flood kufferers. Ih Cincinnati'.' t)rv- Otto r. ueyer of the department ot'charltles and corrections, opened soup liouscs and In augurated oilier means of succor. Mayor Hunt has issued a proclamation asking for fluids to aid sufferers and will ask the council to approve a $20,000 special bond Issue, to be added to the fund. In Kentucky cities, churches, school houses and police stations are sltelterlng the homeless. Tboiiaantl HomelesM ut Louisville. LOUISVILLE, Ky Jan. 13.-Pollce and fire department employes working to move families from districts menaced by the Ohio vlver flood wore cheered today by news that tho. rise was less rapid than registered last night. While nearly 1.000 persons had ben 'driven from their homes and the outlook was that this number would be doubled. It was believed (Continued on Page Two.) Oonviced Banker Makes Trip to Prison Alone JSIOI'X FALIS,-H. f)., Jan. U-(Spc-clau Presenting himself at the Sioux Falls penitentiary without belr.r accom panied by an officer, but Instead provided with a letter of Introduction written hyt the Judge wtio sentenced him and ad-' diessed to th warden of the Institution. F; G. Kurtz of Spencer, but for about four years engaged in the banking busi-' ness at Wltten has commenced to servej a term of one year and one day for ir regularities In connection with nls inar bgement of the Wltten hank. The leniency shown him wan due to the fact that the depositors of the bank which failed wero paid In full and the Irregularities charged to him In connec tion with the bank records were- reirordixi as Indicating that he was not guilty of any Intentional wrongdoing. MAN SUPPOSED TO BE MURDEREDJRETURNS HOME ALEXANDRIA, La., Jap. II. After "be ing mourntd as dead for more than three months and believed to be the rlo ttm of assassins bent upon robbery. Nel son McManus, a prominent lumberman of Jena, La., has returned to the home of his mother lu this city. Lelarid Walker of Pollock, La., after a third degree grilling, shortly after the disappearance of McManus, roifcuied that he and Robert Harp had murdored the lumberman ami thrgwn his body Into a creek near Jena. Harp wuh acquitted of the murder and the La Salle parish grand jury was scheduled -to consider the case ngalnaf Walker next week. McManus stated yesterday that he was temporarily deranged when ho left his home arid had drifted almlestly about tho country. The Favored Class. The National Capital Monilny, .Innnur)- ill, 1IH.1. The Senate, Mit at noon. Passed bill to require all anti-trust niilti to he heard In public. Campaign fundn Investigating commit tee heard testimony of Gilchrist 8towart on tho Archbold letters. Court uf Impeachment voted on articles of Impeachment against Judge Itohert 'W. Archbald. Senator O'Gorman introduced a bill to grant medals to all survivors of the battle, of Gettysburg. Appropriations committee agreed to recommend provision for commerce court until the close of fiscal yeitr. Lcgtsiatlce, cxeoltllvo and Judicial np tirnnriaiion' 1)111. inrrvlnc. S25.3<1 ....was , 'I'll' Jlanse. ' - .,'.. Met" at 11 fl m. Resumed debate mi poitofflee ap propriation .bllL . Ways And ineuns committee continued its hearings on tariff r6vlslon, taking up the lumber and silk schedules, Gloucester fishing imprests were heard by merchant marine committee on bill for hospital ship for fishing fleet. Democrats Will Put Lumber and Meats on-the-Bree List WIABHINQTON, .Jan. IS, "Free lum ber as part of tho democratic tariff pro gram of the coming extra session of con gress seemed assured today at the hear ing before, the houso committer on ways and means despite .statement by wlt neses representing Virginia and Caro lina lumbermen. Tho lumber schedule, was closed so far as the hearings were concerned after colloquies between the democratic members of thn committee; and the witnesses had Indicated the In-" tentlon of the majority of putting! on the free list rough. and dressed lumber, .hewn and squared timber, shingles, laths and' fenceposts, Representative Kltclion of North Carolina, denf)orat, referred inci dentally to"" meats, and Representative Longworth of Ohio, republican,' asked: t "Do you democrats Intend to put meat on Jhe free list?" "Yes," replied Mr. Kitchen. "I'm gdllitf to vote for It," Representative James of Kentucky, demoorat, In tho cross-examination . re ferred to the "greater necessity for. con serving the Interests of the poor people than of conserving lumber." Poison Pound in Medicine Given to Wealthy Woman CHICAGO. Jan. 13-Coroner Hoffman Is Investigating the death of Aim. Leah Hewitt, f) years old, who died ct a north side hospital December 21, leaving an estate valued at $2W,000. A daughter of tho woman exprejaedthe opinion her mother was the victim 'of poison,' and enough poison, was found In the medicine pi escribed for her to kill a score of per sons. Coroner Hoffman has questioned the husband of the victim and sowral other members of the family. In hor bill for separate maintenance filed shortly before her death Mrs. Hewitt charged Tier husband with at tfirjitlng tu poison her by putting .strych nine In the medicine and that on a pre vious occasion her husband tried to toko the llveH of her daughter and herself by .turning on tho gas. MATHEW HUGHES DIES AFTER A SHORT ILLNESS j Matiheu- (incite,, fpr uer twenty-six , years tu the city engineering ilvpariinoiit, Idled Sunday nltiht at hl home, TB odt(i 1 Tlilrly-clsht turret, following a brief III ikks. it was ("i, vrars of hk tid l survived by h's wlSow'unil Tour gruwn children. Thji funorAl will be htld VeUni-tlay mpnilpv at ft. .Cecelia' church and In terment will be made In the Holy So pulchere i-ielery. MANY IN FAVOR OF REMOVAL Omaha Cornhuskcrs Get Hundreds of Letters Backing Up Move. UNIVERSITY IS TOO N CROWDED Lot-ill Association (o llecome Active lu Hncklnir L' the Kenort uf ' Ihe llea-ent sof the Htnte University, Omaha alumni of th eUulverslty of Ne braska are recnlvlng-from all parts of tho stato cithers approving1 their plans fo; helping secure .the removal of the unl vorsljy camjnjs, ironr its present site to t ho" state farm. Am no Thohac, atcretary of tho local Nebraska assoolatlon.'iiaa re ceived 11 v S;u- fifty lettcrn during tho last two days ttm towtui as far west as Bldnnj'. iln eacli ccmmunlcoilOn was hit unmistakable tono ohddrslttg tho plan to change the campus nd asking that the writer be relied uppn to give his sup port to any movement the Olnsha Cbrn ht,skcrs should back. Htnoo last week the Ornalm nliimm )iae beconio determined ' In a. clean-cut, out-and-out policy to be -rid; of the present "tenemont university." According to thoir views the big state school Is being stunted ln Its growth,, belng'ressetl down Into on nbncrmal shape,' and. all because It is congested congested, like 'a. big tene ment houso ln one of the cost nldo dis tricts of Now York or any other large city. In Cramped Qnartcrs. It Is lu too cramped a position for natural growth, and it Is certain to lose the value of "many of the functions of Ita blod if It remains much longer where it now Is located. The University of Ne braska, llko a child, must havo amnle room In which tu grow. The child of the. - tenement Is stunted In growth; tho foul, stifling, unnatural air of the tenemont dlstriot , docs not permit of a healthy growth. And the Omaha alumni of No braska'ask how their alma mater can progress, either toieritntly or physloally, If it Is kept jammed 'down In a quarter where It is Impossible for It to expand (Continued onf,Page Two.) Dr. Richardsonds 'Ready ta Report on Rockefeller WA8HINBTON. Jun. 13.-I)r. C. W. Richardson, who examined William Rockefeller, the oil magnate, nt Malml. for the houso money trust lnvestlgalng committee to determine If the-'millionaire were physically "able, 'to give testimony, has, made his report.' Chlrmau, Pujo .will not make It public until after it has been praueuted to' the' full 'membership df the house bauklng and currency committee. It Is understood that . Dr. Rlrhardson found Mr. .Rockefeller suffering fjrom the ullmenta described In the -affidavits filed with the committee by his physicians as "gouty tnfla,mmullon of'.iho larynx," which had necessitated ' tlx operations. Dr. Richardson" will testify regarding his examination .' before the committee Wednesday, so tlo ' session which has bcon set for tomorrow, was advanced one day. HODGES INAUGURATED GOVERNOR OF KANSAS TOPBKA. Kau.. Jan. U-Gtorge 11. Hodges of Olfttlie was Innugurat'-'d today ns.thn nineteenth governor of Kansas; being- the first -democratic executive tn take th" oath sine the Inauguration of Governor George W. Gllck. thirty years ago. The administration of the oath to Governon Hodges was thc.eliinnT to tho inauguration of the entire list of state officials, most of the uthcrH beUvs lenuhUcans. Governor Hodges lu his luuugurul ail-' ureBB miiii-11 umi it wui 1119 nioFiHl liopv to faster the t'evojprmvnt tu ilie stale uf better roj!, wiontlllu usvtoulture, utriot enforcements of the prohibition law and 'the settlement of new urld lanJs j Ho pralsol the railroad and' utilities leg-1 (blHtiou of at u-Jntlni'tratlon. ' I FEDERAL ATTACK ON ANTHRACITE TRUST WILL B1RE0PENE0 JIow Suit Attacking Minor Combina tions of Railroads and Mines Decided Upon. GOVERNMENT COUNSEL REPORTS Entrusted with Immediate Prepara tion and Filing of Bill. STUDIES MOVE SEVERAL WEEKS Question Left Open in Recent De cision of Supreme Court. CIVIL PROCEEDINGS PLANNED Ilffort to I'lenr 1'p Whole Cnnt SHnntlnn of Much Interest to (invr-rnntrnt oil Account of Commuter' t'ntntilnliits. (WASHINGTON, Jan. 15. -Attorney Gen cral Wlckcrshnm, It Is understood tonight. has decided further to attack the t-o- called hard coal trust In civil proceedings under the Sherman nntl-trust law. Tills was the result of a conference, here; today between the attorney general and James C. Mclteynolds of Now York, who was the government's counsel In the an thracite trust 'suit, decided by the su prome court a few weeks ao. The now suit, It Is said, will be directed ngainst the so-called minor combnatons of coal carryng railroads and coal companies id tho Pennsylvania fields, charges against which were dismissed by the suprcma court without prejudice, In Its recent de cision, because they vrcro held to havo been Improperly Incorporated In tho gov ernment's original general bill against thn "trust." It was learned on reliable authority that tho attorney general lind entrusted a Cur ther move to clear up the whole coal s t nation to Mr. MoRcynoUls, who will ho charged with the preparation of tho bit' mid the conduct of tho suit to bo filed at an early date. Consumers' Complaint Heeded. Dy direction of the attorney genemL Mr. McRcynolds lias been studying for several weeks the effect of tho supremo courfn decision upon conditions in tho hard coul fields. He mndo hts report today and Is wild to havo recommended pursuing tho question, which hun been at absorbing Interest to the Depart ment of Justice, because of numerous complaints against the high prices of coal, The minor combinations not passed on by tho supreme court .ftpd left for fu ture consideration, and possible action were those alleged to have boon created In 1S08 by. tho Absorption of the New York, Susquehnitna, and Western by the Erie; In J&01 by the ncnU!ttlon by the ucftJimg company, wmcn owncu inn Philadelphia St Reading railway and a coal compn.ni by a simitar name, of the Central of New Jersey with Its coal company; In 1899. by the acquisition by the Brie of tho Pennsylvania Coal com-' pany, which is said to have been pro jecting a new railroad, the Delaware Val ley Hz Kingston.- House Democrats Try to Annul Recent Civil Service Order WASHINGTON, Jan. U.-An amend ment to th,e postofflco appropriation bUI to annual the cxecutlvo orders which placed fourth-class postmasters and as sistant postmasters and clerks of first and second class postofflces under civil service was adopted by tho house today -ttlng as a committee of, the whole. It was offered by Representative Cullop of Indiana, and will come before tire housa again when it finally passes on the bUt, -All republicans refrained from voting. Judge Haney Decides to Oppose Sterling "SUTCinSLl., S. D., Jan. 136peclat Telegram.) After ft confcrAnrw. nf tiir.m 4ays which -was held by the stalwart fae- tlon nt Huron' 'and Pierre a new candi date -was announced today for United. States senator to enter the list against Thomas flterllntr. Tho matter was laid before Juflffe Dlolc Honey this afternoon by a representative of the Taction, and Ita signified his willingness to enter the rawi nt this time. Judgo Haheywent out tu Pierre late this afternoon to get tn touch with the men who aro backing Ma can didacy. The stalwarts make the erophatld declaration that Sterling cannot -win wltW the support that ho now has. Judgo naney has just retired from tho supreme bench of the state, whore hu served for eighteen years, and it Is be lieved his friends In this section of th stato will stand loyal to him as a caadU date. It Is strongly Intimated that Gov ernor Byrne will also announce his can didacy In the course of another dayanct that the full strength- of the stalwart will be centered .on him. S0UTHMAYDE TAKES STAND IN -HIS OWN DEFENSE 8TURGIH, H. D.. Jn. IS.-(tfiecIal Ttlr. gram.)-ln tho Southmayde murder use In olrcult cour ttoday tho defense Intro duced testimony that Southmayde w..s subject to epilepsy. The defendant on IIih stand said that jn his return from get ting the cows 011 Jpne 9Ji!vrife was not In tho house; that after a search tn found her lying dead In a field with a revolver by her side; that he put h r body In a little express wagon and hauled her to the house and put hor on a bed. where slie wns wljon the-curoner rtachot Hit- cmie. He nald lie hajd a fit th.-i meriting irior tu tho trsgnUy nnd claim, 1 iwt tu nmembn th rtatembuls that Mrx. .-'tiiithmavds shut herself 01; Hk- bU. The stato lias a signed statement, which o not admitted on objection by tho defonc. t