The Omaha Daily Bee
ADVERTISING IS TlIE
UNIVKRSAIj IiANGUAGE
SPOKEN KVKK.YVHEnE Br
DUYERS AND SELLERS.
VOL. XLIII NO. 201.
OMAHA, THUHSDAY MORNING, FEBRUARY 10, 1 9U FOURTEEN PAGES.
On Trtlni and at
Houl Kiwi stands, ISO.
SINGLE COPY TWO CENTS.
THE WEATHER.
Snow
BRISTOW SAYS TOLL
REPEAL IN INTEREST
OF OVERLAND ROADS
Wilsons Plans Aotion Character
ized as Aid to Transconti
nental Carriers.
KANSAN ROASTS THE PRESIDENT
Rail Greed and British Claims More
Potent Than Women's Plea.
SEES EXECUTIVE INCONSISTENT
Wonders How He W'l Interpret
' Siiigle Term Plank.
OWEN TAKES FLOOR IN DEFENSE
OUInhomnn State thnt the Con
science of No Democrat It
Bound by Party IMat
form. WASHINGTON, Feb. lS.-Presldent
Wilson's plan to repeal the tolls exemp
tion came In for Its first senate debate
today, during which It was characterized
by Senator Bristow, republican, as an
aid to transcontinental railroads. Sena
tor Lodge, republican, and Senator Owen
defended the president's position, while
Senator Chamberlain, democrat, declined
to agree with It. Mr. Bristow denied hav
ing Impugned the president's motives.
Senator Bristow declared Mr. Wilson's
attltudo on the Panama canal plank of
the Baltimore convention and on suffra
gist question had "given us a lino on
some of the peculiar and Interesting
characteristics of our chief executive
which may be useful to tho country In
tho future." He quoted the single presi
dential term plank and asked:
"At the proper time will the president
Interpret this plank In harmony with his
position aa to suffrage or as to canal
tolls?"
Senator Bristow charged President
.Wilson with being Inconsistent when he
declined to favor woman's suffrage be
cause It was not treated In the demo
cratic platform, while he was asking
congress to repeal the Panama tolls ex
emption which the platform favored.
"The greed of railroads and the au
dacious claims of Great Britain seem far
more potent with our chief executive
than appeals of women," said he.
Senator Sutherland declared the most
convlcjng argument for woman suffrage
was the lack of any persuasive argument
against it.
Platform Not Binding?
iWJion Senator Owen took the floor to
defend President Wilson the debate
turnod from suffrage to Papain tolls.
Hie declared there- was likely to creep
into'.' t party platform soma plamk not
iMsmuUJ and therefore not .to In
i etfarded "as conclusive on the party.
"That Question had not been 'decided
on by .the national' democracy," said he,
"I ..say that the- conscience of n6 demo
crat 1? .bound by the platform, because
It does 'riot represent the sober Judgment
of ths party, but merely represents what
some persons, who found themselves in
a position to voice the principles of the
party believed had been determined on.
"I am opposed to no tolls. They would
bft unjust to the taxpayers of the United
Stats., I don't believe one dollar of the
exemption to coastwise vessels would
ever una us way 10 wie ultimate con
sumer."
,'..! Ijodtce Defends President.
Declaring that President Wilson did not
like to see "the United States In the atti
tude of an outlaw among tho nations,"
Senator Lodge, republican, vigorously de
fended the president.
'lt Is certain the president is guided
In this matter entirely by what he thinks
is to tho honor and tho credit of the
United States in Its foreign relations. lie
has no other object In view. I think he
has the Reeling that In one way or an
otherand I am attaching no blame, to
anyone the United States has Incurred
the dislike of other nations and tho dis
trust of somo of them, whero trust had
prevailed before. He realties the right
ful way of the United States to obtain
confidence Is not to be obtained by dis
regard of International obligations or re-
(Continued on Page Two.)
The Weather
Forecast till 7 p. in. Wednesday:
For Omaha, Council Bluffs and Vicinity
Unsettled, probably snow.
Temperature at Omaha Yesterday.
Hour. Deg.
5 a. m
G a. m.
7 a. in.
25
8 a. in 23
9 a. m
10 a. m
11 a. m
13 m
1 p. m ,. 2U
- p. m .... si
3 p. m 2&
p. m 31
P. m s
6 P. ni 23
P. m 3
8 p. m :i
'Comparative Local Ilerord.
... 1913 1912. 1S1L
aiigheat yesteinay...... 33 63 44 34
lowest yesterday 24 ss 32 25
Mean temperature 28 to 38 ao
(Precipitation OJ .00 .00 .00
j rmperaiura ana precipitation uepar
tures from the normal;
Isornml temperature ,, 24
Kxcts for the day , 4
Total excess since March 1 J.221
.lunimi precipitation 03 Inch
Deficiency for the day 02 Inch
Precipitation since March 1... "t.ss Inch.
Deficiency since March 1... .., 4.C Inches
Deficiency for cor. period, 1913. 4.80 Inches
Deficiency for cor. period. 1912.13.72 Inches
uepori iroiu stations at T P. M.
Station andSUte Temp. High- lutn
of Weather. 7 p.m. est fall
l.liej'tmiie, Oliuw a 34
Davenport, cloudy ,,. 26 2S
Denver, clear 34 44
Des Moines, cloudy. 0... SO so
Ipdge. City, cloudy..,,. 28 S3
Lander, cloudy $5 42
Ncrth Platte, snow 24 28
Omaha, clear 28 33
.On
I'utbio, partly cloudy.... 41
Rapid City, snow...; 2t
Halt Lake City, cloudy., 46
Kanta Fe, cloudy 40
Hhtrldan. snow 30
Hloux City, cloudy 24
Valentine cloudy 34
SO
2S
w
44
US
2
.OB
r
",
Tj
M
28
T" Indicates trace of precipitation.
L. A. welsh. Local Forecaster.
HO GRAND OPERA FOR OMAHA
Canadian Company Smashes in Grand
Climax at Denver.
POLICE, PEOPLE, SINGERS MIX
Storm)- Career of the Urirantiatlon
Come to Kml In Pun Over lit
cclpts, nnl Omaha
Loses.
The National Orand Opera company of
Canada Is now a memory.
Its songbirds will not be heard In
Omaha tonight, nor tomorrow night, nor
any night for somo tlmo to come, if over
again.
Tho end came at Denver, and it is bald
to have been a really stonily end, too.
Police and public, singers and others,
were mixed up In one grand muddle. Leo
Slezak Is said to have shown his fitness
tor the role of Samson as well as his
qualifications for white hopo honor m
a hand-to-hand combat witn potlce fi r
possession of his luggage! also, he Is
reported to havo purchased a ticket to
Vienna by tho most direct line, express
ing his opinion of America In such trms
as could never be used in a libretto.
Gervlllr-nrachc Iteftiscs.
Gervllle-Reacho declined to sing on
Monday night; tor this the local man
ager of the Denver engagement under
took to hold out $7 from tho company's
share of tho receipts. Then, with this
pending, tho songbirds refused as one
bird to sing on Tuesday night, unless
tho entire gate receipts were turned over
to the company. And then It began.
Word of the trouble came through to
Omaha yesterday, the manager of the
company wiring to Lucius A. Pryor,
who handled the business end of the
Omaha engagement, that the company
would surely reach Omaha to play to
night and tomorrow night. Last night
Mr. Pryor had another messatfo from tho
manager, saying nothing short of. a
miracle could got tho company Into
Omaha in tlmo to keep Its engagement
Having no faith in miracles, Mr. Pryor
concluded It was up to him to declare
all bets off and to ask ticket buyers to
return their tickets and get their moniy
back.
Pryor Local Loser.
Although merely acting as agent for
tho promoters of the tour, Mr. Pryor
assumed moral responsibility Tor tho
Omaha engagement, and so stands to
lose a considerable sum of money, owing
to considerable expense attached to the
preliminaries.
The National Grand Opera company of
Canada has had a short and glorious
career. It was. a remarkable collection
of artists, equipped for splendid produc
tions of great works, and It proved a
costly undertaking. It concluded a sea
son of eight weeks nt Montreal with u
deficit of $50,000, or more than $1,000 n
day. Max Ilablnoff, tho director, with
drew for the organisation at that time,
and Messrs Collins and Bauer arranged
for a tour of Canada and tho .United
states, hoping to retrieve some ,of the
lost.
At Toronto another backset was en
countered, at Detroit and Cleveland mat
ters Were n. llttje better;. ln-tKnnssa City
tho business -was good, but -in uenver u
went bad. Then, the usual difficulties
with great singers was encountered, and
the climax that came at Denver was
i'ot entirely a surprise to those who
havo been watching the career of the
organization.
Tho advance sale In Omaha was such
as promised a profitable' engagement. Tho
attraction had been well advertised in
all the territory around, and many peo
ple from a distance had planed to at
tend to hear great voices In great roles.
Anti-Suffrage Move
to Start Next Week
The support of many Omahans has
been pledged to the anti-suffrage move
ment which will be formally Inaugu
rated In 'Omaha Monday of next .week.
Mrs. J. W. Crumpacker has the named
of Mrs. Charles Wllhelm, Mrs. Kdward
Porter Peck, Mrs. Gerrlt Fort, Mrs. Ar
thur C. Smith, Miss Jessie Millard, Miss
Janet Monroe Wallace, Mrs. Howard
Baldrlgo and Mrs. T. J. Mackay for tho
organization which will be effected. Ex
Senator Joseph H. Millard, William Wal
lace, Arthur C. Smith, Bishop Richard
Scanncll, Bishop A. I. Williams, Dean
Turncock and Rev. T. J. Mackay have ex
pressed their opposition to the suffrage
movement.
The Monday afternoon meeting will be
held at 2 o'clock at Turpin's academy.
The Tuesday evening meeting will be a.
7:30 at the American theater. Howaver,
the new local organization will not ba
effected at either of these meetings, but
nt a private meeting to be arranged for
on Mrs, Dodge's arrival.
Mrs. Dodge and Miss Bronson, the na
tional officers, will arrive Monday morn
ing and will be at the Rome hotel. In
stead of at the home of Mrs. Arthur C.
Smith, as previously announced.
New Olew Found in
Aurora Murder Case
AURORA. III., Feb. lS.-Chlef of Police
Michaels left Aurora early today and,
although other policemen refused to say
where he had gone. It was ' understood
that he went to Chicago in search of a
former Auroran whose pockctknlfe wa
found a few feet from the body of Miss
Hollander, who was murdered here Mon
day night The name-of the owner was
on the handle of the knife. The police
declare that Walter Hickman, the negro.
has cleared himself of suspicion In the
case. Miss Hollander was not assaulted.
a poit mortem disclosed, neither was she
robbed.
Emerson Man Hooked
S in Eye by Cow May Die
KMBRSON, Neb., Feb. 18,-fHpeclal.)-
lMiii cleaning up hi cattle foV acUon
sale Monday. Ren Olson was hooked In
his left eye by a fractious cow. tho horn
penetrating Into the eye socket over an
'neh. 5r- Olson Is In a precarious con-
1 dltlon.
GORE WiHS IN COURT:
TAKES THE JURY TEN
MINUTES TO DECIDJE
Mrs. Minnie Bond Loses
sand Dollar Santa
Against Sena
RUTHERFORD
Completes for
d Twelve
Retire
R0DQERS NAMES M'MURRAY
Gore's Attorney Says Washinijton
Lawyer Planned Conspiracy.
RESENTMENT IS BACK OF IT
Says Senator Opposed MoMurray'a
Claim for Fee f Three Million
Dollars In the Indian
l.nnd Case.
OKLAHOMA C1TV. Ok!., Fob. 18. A
verdict In favor of United States Sena
tor Thomas P. Gore was returned here
today In tho suit of Mrs. Minnie T. JJond
against him to recover $50,000 damages
for an alleged attack mado on her In a
Washington hotel last March. Tho Jury
was out only ten minutes.
Attorney S. M. Rutliorfor.l completed
the argument for tho defense and the
Jury retired at 5:35 p. m. to deliberate.
Tho charge that J. F. McMurray, an
Oklahoma lawyer living In Washington,
planned the alleged conspiracy against
Senator Goro was made.
Robert L. Rogers, an attorney for the
defense, In addressing tho Jury, said that
several years ago McMurray sought to
prosecute claims for nearly $3,000,000 fees
from Indians of Oklahoma In connection
with tho transfer of their lands. He as
serted that Senator Gore opposed McMur
ray' s claims and in retaliation the con
spiracy had been planned.
"Oklahoma has a home for such con
spirators," ho shouted. "It Is over at Me
Alcster." The state penitentiary is located
at McAlester.
Castillo May Be
Set Across Border
as Undesirable Alien
WASHINGTON, Feb. 18.-Castlllo, tho
Moxican bandit who wrecked the Cumbre
tunnel and caused the death of several
Americans, has furnished the latest knot
In the- Mexican tangle with his capture
by United States troopers In New Mexico.
Officials of three departments of the
governrrient1 -wore searching archives
today for precedents to determine what
they jlp "wjth HfieMI."' ' ""'
DiplortfatlVtBpotnted ou that to extra
dite Castillo' to the constitutionalists
might bo construed as a recognition of
their belligerency. Thews waB no Indication
that the Huerta government would nek
for the bandit. To keep him a prisoner
In tho United States would permit him
to escape from his crimes In Mexico, for
he cannot be tried in this country for of
fenses committed across the Rio Grande.
One way out seemed to bo for the Im
migration authorities to put the bandit
across tho border, deporting him as an
undesirable alien. In that event Castillo
probably would fall Into the hands of
Villa, the constttuttonalst, who has prom
ised him a public execution in Juarez.
First Ship Through
Canal Will Carry ,
the Flag of Peace
NEW YORK. Feb. 18.-Dr. wflllam
MacDowell, president of the League of
Peace, received u letter today from
Colonel George W, Goethals, chief en
gineer of the Panama canal, In which
tho colonel promises to fly tho peace
flog on the first ship making the offi
cial and direct passage through the canal.
After receiving tho lottor Dr. MacDow
ell sent another to President Mooro of
the Panama-Pacific exposition saying:
"The League of Peace will furnish for
the acroplano race around tho world, two
peace flags for each entry, one flag to
be that of nation from which the ontry
comes, the other a rainbow flag. The
flags of the winner aro to be deposited
In the National museum, Washington,
with the peace flag which Perry took to
the north pole and the flag carried
through the canal."
Thornton Called
Undesirable Alien
by Labor Reader
LONDON. Feb. 18,-Henry W. Thornton.
the new American eeneral manaenr nt ttm
Great Eastern Railway company of Eng
land, is an undesirable alien, declared
Will Crooks, labor member for Woolwich,
in mo ltouse or commons today.
The members of tho labor party had
been greatly incensed by a demand put
forward by the unionists for legislation
to prevent such "alien desperadoes," as
the labor leaders, deported from South
Africa after the recent general strike,
rrom being "dumped" into England.
A storm of protest filled the house. In
the midst of which the burly member
for Woolwich shouted;
"What about Thornton, the new man
ager of the Great Eastern? Isn't he an
undesirable alien?"
Body of Mrs, Young
of Douglas Exhumed
NEBRASKA CITY, Neb.. Feb. 18.-gpe.
ciai leiegram. a week ago Mrs. Fred
Young of Douglas died In a private hos
pital hero under suspicious circumstances
and this morning Coroner Karstcns or
dered an Inquost and the officers went
to Syracuse, where the body was ex
humed and examined and testlmuny Is
oeing taken by the Jury.
atprahirty.
Drawn for Tho Bee by Powell.
FORGER TRACED BY STAMP
Girl Writes Him Letter and Asks
Hotel Clerk to Supply Postage.
CLERK RECOGNIZES THE NAME
Genriro II. Illtcltmim Arrested1 nt St.
Paul nn Man Who Has Dc
frnnilnl Lnrftc Number of
Persons Oat of Money.
Because his sweetheart had 'no post
age stamp to place- on a letter addressed
larger pouco recoru; ana is under in
dictment by the Douglas county grand
Jury, ljaa, been, apprehended at St. .Paul
atid Is already under sentence la thq
Minnesota rcfqrmatory for bogus check
work there.
Night Clerk Teton of tho Schlltz hotel
hero wns Immediately responsible for
Hltchman's capture, but all local hotel
clerks co-operated to bring It about.
Tho wheels of tho Amorlcan Hotel Pro
tective assoplatlon's detective depart
ment wero put In motion when a young
woman left nn unstamped letter, ad
dressed to St. Paul for Hltchman at tho
desk of tho Schllts hotel, with the ro
quest that tho accompanying 2 cents be
used to buy n Btamp and post the letter.
Teten remembered that his fellow hotel
clerks had reported Hltchman as n
bogus check artist who had successfully
worked Hotel Loyal, the Carlton nnd
several other Omaha hostclres. Tele
grams notified St. Paul operatives and
when Hltchman called to get his letter
with the fateful stomp upon It he wns
arrested.
To He- Held for Omaha Police.
A detainer has been lodged by Omaha
police with the Minneapolis authorities,
so that when Hltchman Is turned loose
after serving his sentence there, he may
be secured for trial In Omaha. Detec
tives say that lio admits having cashed
bad checks here. Ho Is also said to bo
wanted In Kansas City, Denver and
Texas, It being alleged that ho secured
13.W0 In the latter state by forgery.
According to Information given Charles
Miller of the Loyal by local detectives
and hotel clerks, Hltchman's aliases In
clude G. T. Herbert, George 11. Young,
E. F. Wnltcrs nnd George 'Lo Pago.
Under the latter name he Is' said' to
have mako a fake report' of having been
held up In Omaha a fow weeks ago and
then to have secured tho advance of
money from a local business man on tho
strength of his holdup yarn. -
Works Dental Concern.
Another of his local accomplishments
Is said to have been the separation of
the Billings-Marshall Dental Supply
company .from J20 worth of dental gold.
It Is reported that he went to tho offire
of a dentist who' was away, ordered the
gold sent thero and then by, means of a
forged note supposed to havo been left
for tho messenger by the dentist, Induced
the former to leave the gold In tho of
fice, and then took It way before the
absent dentist had time to return and
discover the fake.
The charge on which Hltchman was
Indicted by the grand Jury was pre
ferred by a Douglas street pawnbroker,
who let him havo Jewelry and money In
exchange for a check which proved to
be worthless. While operating here ho
was under parole from tho Colorado
penitentiary, according to a letter re
ceived by Charles Miller from hotel de
tectives. Tugs Break Ice in
the Hudson River
NEW YORK, Feb. lg.-Two powerful
tugs, aided by a rise In the temperature,
succeeded this afternoon In smashing a
channel through the ice that had locked
the Hudson river between New York and
Yonkers. The tugs were sent out by the
Ffderal Sugar Refining company, aftor
the government revenue service had re
ported that Us cutters wrro unable to
raise the blockade. They mado a path
through which waiting ships londrd with
coal and raw sugar were able to reach
tho company s dock at Yonkers.
Fifty Years Young
,
Steamships Celtic
and Madonna Collide
in the Bay of Naples
NEW YORK, Feb. 18, Tho White Star
llnor Celtic and tho Fabre line steamship
Medonnn wore In collision today In the
Bay of Naples, according to a mossago
from Lloyd Fostcd today at the Marl
tlmo exchange hero.
NAPLES, Feb. 18. The Whlto, Star
liner Celtic collided with the Fnire liner
Madonna here today and both vessels
were seriously damaged. The Madonna's
xonsiaerauio injury 10 mo vujf .u iis aY'i
and elern It, was unablo to leave for
Now York, for which, port It Was, to have
deliartoit today with a largo; number ot,
emigrants. It has been docked for re
pairs. Tho Celtic was seriously ' damaged, but
Is believed to have boen only slightly In
jured below water line. It also was bound
tor Now York.
It was said nt the Whlto Star office
here that because of slackness of west
bound travel at this season the Celtlo
probably had few first-class passengers
aboard. No passonger list was available
here.
The Madonna Is a comparatively small
ship and carried Immigrants, The agents
hero suld It had 1,400 aboard on this trip.
Suffrage Bill in
South Africa Loses
by a Single Vote
CAPETOWN, S. A., Feb. 1S.-A bill for
the enfranchisement of women in tho.
Union of South Africa, which was In-,
troduccd Into tho house of assembly to
day was defeated on tho first reading
by 43 to 42.
Denver Refuses to
Buy Water Plant
DENVER, Feb. 18. Figures compiled
today by tho oloctlons commission on
complete returns from yesterday's spe
cial election showed the following results:
Tho water contract, providing for the
municipal purchase ot the Denver Union
Water company, on which only tax pay
ers voted, was defeated 12,34$ to 6,824.
Issue of 13,000,000 bonds to cover tho
city's sliaro of driving the James Peak
tunnel through the continental divide for
tin use of the Denver & Salt lake rail
road, carried by a vote ot nearly 2 to 1
for 12,610; against, 6,933,
Miss Wilson Not to
Marry Boyd Fisher
WASHINGTON, Feb H-Publlcatlon of
an official denial ot a report that Miss
Margaret Wilson, the president's eldest
daughter, was engaged to be married to
Boyd Fisher ot Kansas City, Mo., was
requested today by the white house.
The National Capital
Wednesday, February 18, 1014.
Tim Hnuatc.
Forolgn rclatlonb committee delayed se
lecting a chairman In succession to the
late Senntor Bacon until the return of
Senator Stone, the ranking democrat.
Constitutional amendment to en
franchise women was discussed without
action.
Amendments for the half-mllllon-doltar
hog cholera campaign agreed to and the
bill prepared for President Wllson'o sig
nature. Senator Rrlstow Introduced a bill to
deposit postal savings only In banks ot
tho new federal reserve system.
The House.
Resumed debate on Alaska railroad bill
with plans for passage before adjourn
ment Mrs. Christine Fredericks of Phlladel
phla urged legislative permission for
manufacturer to protect the prices of
their standard goods.
Baltimore fish dealers asked Interstate
Commerce commission to prohibit use of
food fish by fertilizer manufacturers.
BOARD MHST TORN ON WATER
Judge Sears Rules Landlord Need
Not Guarantee Payment of Bill.
HOWELL'S DEMAND ARBITRARY
Conrt Holds Water lloss' Action la
Unreasonable, AVroimfnl and
"Without Any I.ejral ' ...
ISscasr,
Decision' that' Water "Commissioner
Howell' .demand,' ttyit landlords ruaranr
o payment or ineir tenants' water Uus
s -unreasonable and that his refusal to
grant-Waler service to Geoff e i , Jones
In the liit case started by tho Real Es
tate ochanko Is "wrongful, arbitrary
nd without legal excuse," was Rendered
by District Judge Sears. Tho case was
decided on a demurrer filed by tho Wa
tor board.
An order ot mandamus compelling
Howell to grant water service 'to Jones
regardless of whether his londlord signed
an application with him was Issued by
thi court. It Is understood that the Wa
tcr board will take an appeal.
A demurror filed by the Water board
and overruled by tho Judge contended
that grounds for a request for nn order
of mnndatmiB did not oxist.
This Man's Tax is
Over Half His Income
HURON, S. D.. Feb. J8.-(epeelal.)-.A
letter wus received here yesterday from
H. J. Heldam ot Boresford, S. D., dated.
February 14, complaining of tho injustice
wrought by the present system of taxa
tlon. Mr. Heldam and his wife are now
about TO years old and the old couple re
tired from a small farm a few years
ago and bought a llttlo cottage In Beres
ford,' whero they wero to spend their re
maining days, hoping, by rigid economy,
lo. live from tho Income of tho sale of
their farm after paying for tho cottage.
Their entire savings of a llfetlmo of
work and tho sale or their land consists
of a small cottage In Beresford and 16,-
(00, .which s loaned out nt 6 per cent
Interest and brings them In J300 a year us
an Income from which to live.
The tax commission ordered the local
assessor to enforco tho assessmeht on
credits. In compliance with this, the old
couple put In their f8,000 mortgage In
addition to their cottage, which at tho
local, levy at Beresrord takes $IC9 to pay
the taxes. This amount deducted from
30O leaves llicm J131 from which to live.
Trans-Atlantic
Rate War at an End
LONDON, Feb. W.-The final details of
the settlement of the transatlantic rate
war between the German shipping com
panies are to be arranged here this week.
Phillip Helneken, managing dlroctor ot
the North German Lloyd, arrived here
today to, attend a meeting of the Conti
nental North Atlantic Steamship lines
and Albert Ballln of the Hamburg-American
lines Is on the way from Germany.
The agreement botween the two lines
will, It Is thought, be completed prior to
a conference to be held later In the week
between tho American, British and Con
tinental Steamship lines, with the object
of reconstituting tho Atlantic pool.
PRISONERS WILL RESIST
THE STERILIZATION LAW
FORT MADIHON, la.. Feb. U.-In-mates
ot the state prison here today
Prepared to resist through the inr v
enforcement of the Iowa law providing
ror the stermratlon of Insane, diseased
and criminal wards of the common
wealth. A test case will be filed In the district
court with R. A. Ruv
Plaintiff. U was announced that tho en
tire prison population was behind Iyun,
and that a fund sufficient to defray legal
csnsen naq ueen raised. The prisoner
gave his entire earnings 6 cents.
SUIT WILL BE FILED
AGAINST WESTERN
FUEL CORPORATION
Government Will Seek to Recover
Money Paid for Drawbacks
on Imports on Coal
WANTS SWINDLERS TO SETTLE
Allowance Made Because Weights
Were Falsified.
OFFICIALS ARE FOUND GUILTY
Three Men Face Heavy Fines and
Long Sentences.
ALL WILL ASK FOR NEW TRIALS
, ,,
Maximum Penalty Is Flno of Twenty
Thnnsnnil Dollars nnd Imnrls
nnntrnt for Term of
Two Ycnrs.
SAN FRANCISCO, Feb. 18.-Sult to re
cover 111,633 In customs dues from tho
Western Fuel company of thin city Is to
bo filed by the government, according to
announcement today by W. H. Tldewcll,
ohlcf, ngent of the Treasury department,
as a sequel to conviction last night of tho
vice president nnd two employes ot tho
company accused of conspiracy.
The. amount Tlrtcwe.il says represents an
excess tho government had allowed In
customs drawbacks on Imported coal over
the duty collected on the sumo shipments.
James U. Smith, vice president and gen
eral manager; F. C. Mills, superintendent,
nnd IS. 11. Mayer, a wclghor, convicted
In tho United States district court, are to
nppcar Saturday for sentence.
Penalties Am Heavy.
Imprisonment for two years, a flno of
110.COO, or both, Is tho maximum penalty
that can bo Imposed on the three defend
ants In the WeNtcrn Fuel company con
spiracy case, who wore found guilty at
midnight Inst night, after a trial ot moro
than two months.
Tho men wero not locked up after the
return ot the verdict, the court ordering
that they bo permitted to remain at llb-i
erty for the time being on the ball pre
vlously furnished. Their lawyers wero
prepared .today to mako an immediate
motion for a new trlnl. Saturday morn
ing has been set for sentence.
Six ballots wero taken'. Tho first was
ten to- two for conviction. Tho two that
favored acquittal held out until tho sixth,
ballot when they voted with the majority.
He tore the voting began It was agreed to
acquit Kdward J..B.mUh, San Francisco's
former, tax. collector. 1
Those found guilty Were F. C. Mills,
superintendent; James B. Smith, vice
president and general RiS-Rager, and 15.
IL Mayor, wi&her. " Kdward J, Smith,
checkeri whs acquitted He Is a brother
of the jrtnerhl' rnatfftgor, .
ti was shortly before midnight when
"word wis sent out -that a verdict had
be,n received and tho court room was
rapidly tilled by thoso who .had waited
since 4 o'clock in the afternoon when,
tho Jyry retired.
Both Mills and Ki H, Mayer wero visi
bly affected when tho foreman of tho
Jury announced the verdict. James B.
Smith appeared entirely unconcerned.
History of Case.
The first Indictments wero brought by
the-Upltcd States grand Jury February 10.
1913, and were directed against John L.
Howard, president of the Western Fuel
company; J. H. Schmltt, Sidney V.,
Smith and Robert Bruce, directors; Jamos
B. Smith, vlco president and general
manager: Kdward F. 8mlth, his brother,
nnd a checker employed by the company;
Frederick C. Mills, superintendent, and
Frederick K. Maher, a weigher. Thcy
charged that tho defendants entered Intc
an unlawful agreement to defraud tho
federal government in three ways:
First By causing false weights and,
measures and fraudulent returns oC
weights on tho Incoming oargoes. of their
opal for tho purppse of lessening tho
amount of duty collected.
Second-By causing the returns of
weight on all outgoing cargoes delivered
Into American bottoms to be grossly ex
cessive In weight, making tho customs
drawback much greater than the lues
that had been collected on the same coal.
Thlrd-By grossly overwelghlng the coal
delivered to tho United States army
transports.
A second set of Indictments, repeatlnB
(Continued on PagoJ Two.)
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