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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 23, 1916)
The Omaha Daily
VOL. XLVI. NO. 136.
OMAHA, THURSDAY MORNING, NOVEMBER 23, 1916 TWELVE PAGES.
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HOUR RAIL LAW
United States District Judge
Hook Hands Down Deci
sion in Case at Kan
TO CONSOLIDATE SUITS
Railroads and Department of
Justice Will Press Appeal to
FINAL DECISION HAD SOON
Kansas City, Mo., Nov. 22. The
Adamson eight-hour law was held
unconstitutional here today by Judge
William C. Hook in United States
Judge Hook directed the receivers
of the Missouri, Oklahoma & Gulf
railroad,, who brought the original ac
tion in this case to enjoin the law
front going into effect, to assist the
government in expediting the case to
the supreme court of the United States
for final decision and instructed the
through their attorneys to invite the
representatives of every railroad in
this countrv to participate in the hear
ings before the highest court in the
land. This was requested in the gov
ernment s motion to dismiss the in
junction petition of the nilioad, the
government desiring to avoid "pro
longed, unnecessary and scattered liti
gation" through the hearing of count
less similar suits hied by every rail
system in every federal district in the
United States through which their
It is expects the decision as to
' whether the law will , go into effect
January 1 will be handed down be
fore that time. A transcript of the
present case will be riled at the su
nreme court before--it recemtnes De
Text of Decree.
The text of Judge Hook's decree
follows: . ' v ' .
"This is an independent suit to en
join the enforcement of a recent act
of congress, commonly called the
Adamson 'law, upon the ground thai
it is contrary to the constitution: In
the character of the averments, the
plaintiff's bill of complaint is stated
to be typical of a number recently
filed by railroad companies in various
district courts of the United States.
A motion to dismiss has been pre
sented on behalf of the defendant
United States' attorney. The sole
question raised by it is of the consti
tutionality of the law. The court is
lniormea tnat tne otner casessiana
on application for temporary injunc
tion. "An. appeal from an order granting
or ; refusing a- temporary injunction
goes to the circuit court of appeals
and not further by ordinary proce
dure, while ah appeal from a final
order or decree in such a case would
go direct to the supreme court of the
United States. In the former, a de
cision would be inconclusive; m the.
latter a decision would definitely set
tle the question for the whole country.
The motion to dismiss the case here,
however it is decided, will promptly
result in a final decree from which
an appeal wil be taken to the supreme
court, 1 -
"The assistance of this court has
been invoked to facilitate a final and
authoritative determination of the
constitutional question. The case was
presented but yesterday, and a decis
ion is expected today. It il far from
being agreeable duty for a judge to
record a judicial conclusion without
the care and deliberation essential to
a conviction that he would stand to
in every circumstance. Upon the
merits of a -case the government
neither asks nor receives from a court
greater consideration than is required
by the essential rules and presump
tions of law, but a request by the De
partment of Justice to aid the progress
of a case consistent with the rights of
every one cannot be declined, cer
tainly not for personal consideratiion.
Decree for Plaintiff. '
"Upon a consideration of the Adam
son law and of what, is said of its
practical effect and what was intended
to be accomplished by it, the judg-
(Conttimed on Pags Fout-Cnlamn Two.)
t The Weather " !
For Nebraska Fair.
Temperatures at Owfclia Yegtertfasr. .
HlnhMt yesterday .. 33
Ijowent ywrtnrdiiy . 31
Mean temperature . 32
FraclpilatlOD V .H
Temperature and precipitation departures
from tha normal: v
Normal temperature JS
DeQclency (or the day it
Total excese etnee Mardi 1....... 26
Normal precipitation ',: , .03 Inch
Kiceai for the day,.. ', .11 Intih
Total rainfall Aliice March 1 . . , . 1 6.07 inrhnn
Deficiency ninee March 1. 11.11 Inches
Heflciency for cbr. period, 19)6.. 1.44 inches
Deficiency for cor. period, 1914.. 1.7? Inchea
Heparts from Sutton at T P. M.
Station an (T State Temp. Hlfh
of Weather. 7 p. m.
I'heyenne, clear 38
Davenport, rain 43
fienver, clear .......... 38
(Jodpe City, elear 38
lender, clr .. . 2
IN or in riaii". Eier,,,. an
Omaha, cloudy 33
Pueblo, clear ......... 40
Rapid City. Pt. clotidy.. 19
Salt Lake City, clear... 39
Hanta Ke, clear ... 34
Sheridan, cloudy ....v 44
tfloux City, cloudy 34
talenUMt clear ... 24
14. WELSH. Meteorologist.
- a.m..... 31
2 l S a. m 32
.. ' imr F 7 a m 3:
W jt, I a. m 32
1 lj 13 I ,. A . a. m : 32
j5f M 10 a. m 32
5m& jl I 12 m 33
A'jt&nrwi i. 1
-fV w J a p. m 33
. n 3 p. in.... 83
(tfjr . 4 p. m 33
' ' 6 p. m....- 33
-seas 'Em ::::::::: "
i f . p. m.. ........ S3
Comparative lineal Record. .
1916. 191ft. 114. II 1,1.
64 , 41 $.1
The Aged Emperor Francis Joseph, Ruler
of Austna-Hungary, is At Last Dead After
His Long Reign of Nearly Seventy Years
ARCHDUKE CHARLES FRANCIS AND WIFE Royal pair
raised to throne by death of Emperor Francis Joseph.
BRITTANIC IS SUNK
Former Big White Star Liner
Victim of Mine or Torpedo
Fifty Lives Lost. ,
ELEVEN HtJNDEED - SAVED
Athens, Nov. 22. (Via London.)
The White Star Line steamship
Britannic, serving as a hospital ship
for wounded, soldiers of the entente
allies, has been torpedoed and sunk,
according to ait- official announce
ment made here today. ,
London, Nov. 22. The ; British
hospital ship Brittanic has been sunk
with the loss of about fifty lives, says
a British official announcement today.
The Britannic was sunk by a mine
or a torpedo yesterday morning in
the Aegean sea, according to the offi
cial statement. There were 1,106
survivors,' of whom twenty-eight
were injured. Full particulars of the
disaster, it is announced, will be pub
lished as soon as they are received.
It was reoorted in a 6pecial dis
patch from London on December 6
last that the 47,500 ton White Star
liner Britannic, then recently com
pleted, would be used as a hospital
ship by the British government, mak
ing it the largest hospital ship in
commission with an equipment of
6,000 beds. Last June, however, it
was reported in a news dispatch from
Liverpool that the vessel had been
returned to the White Star line for
restoration into a passenger steamer.
The Brittanic was neanng. complex
tion (at the outbreak of the war, when
it was reauisitioned by the govern-"
ment and converted into a hospital
ship. In company with the Maure
tania and the Olympic it was engaged
in bringing thousands of wounded
men from the Gallipoli peninsula, soon
after the evacuation of the peninsula
by the allies.
Admiraltv officials have little to add
to the official announcement except to
state that the Brittanic was sunk in
the day time. Whether it was torpe
doed or mined has not yet been de
termined. The admiralty has been ad-
CMttnfl om Taw Two, Column F1.ei
Goes to the Pen for
Savings of a Poor
Clark Forges Note and Secures
Money from Bank and Then
" Flees,, but is Brought
WAS IK MARINE BARRACKS
It will cost FrancL R. Clark his
liberty for from one to twenty years
for forging a note and gaining pos
session of a Door working woman's
savin s. Clark was sentenced to the
state penitentiary when he pleaded
guilty to a charge of forgery before
On January 15 of this year Clark
cultivated the friendship of Mrs. Mar
garet Jungea young son, "and, by
b.ibing the lad with pennies and gifts
TO MEET HERE NEXT
Date Is to Be Determined by
tne Officers Laterr But
' i -.Likely November.:. . '
OLD OFFICERS EE-ELECTED
Omaha .again gets the convention
of the Nebraska Farmers' Co-operative
Grain and Live Stock association
in 1917. V' : - '
This was decided at the afternoon
session vof the convention yesterday.
The time has not yet been fixed, as
(his is a matter to be decided later by
the directors. It was the general
opinion, . however, of the delegates
that the meeting should be held again
The old officers of , the association
were re-elected. They are:
"J. S.yCanaday, Minden, president;
Guy Briggs, Coleridge, vice presi
dent; Jr-W. Shorthill, York, secretary
and treasurer. '
-The two directors elected, who
with the officers constitute the board,
are, W. J. Lee, Spalding, and E. P.
J. B. Swearingen, former president,
and W. J. Holmquist, vice president
of the Omaha Grain Exchange, spoke
in the afternoon.. ;.
A banquet was tendered in the
evening by the Omaha Grain Ex
change, at the Hotel Rome.
Work in Sections.
Yesterday morning the association
divided into two sections, one com
posed of directors and the other of
Few set speeches were sche
duled, but volunteers were called
for on such trade subjects as times
'of meeting for the managers, the
hedging of grain, the auditing of the
books, the company's service to the
community, and . the policy toward
session of managers. Few set
speeches : were scheduled, but volun
teers were called for on such trade
subjects as times of meeting for the
managers, the hedging of- grain, the
auditing of the books, the company's
service to the community, and the
policy toward the managers.
Theft of the
of candy, persuaded him to get his
mother's bank book,- which was hid
den away at home.
The mother was at work, and the
following note, written by Clark and
presented at ,.the bank by the boy,
together with the bank look, was hon
"Dear Sir Would you please let
bearer, my soi., ! ave $40, as I am
sick in bed and need the money very
bad. I also send the bank book along.
"MRS. MARGARET JUNGE."
Clark fled from the city after the
boy handed the money over to him.
The local police f.nally located him
at Port Royal, S. C, where he was
serving a sentence in the United
States marine barn.cks. Upon the
termination of his sentence, Novsrft
ber 4, he Was brought back to Omaha
to stand trial on the forgery charge.
Head of Dual Monarchy Taken
Suddenly Worse' and Ex-
niren at 0 O'rlnrk
v?j Monday Evening.
TOOK COLD TEN DAYS AGO
Pneumonia Develops, but Con
dition Not Regarded Serious
HEIR TO ASSUME THRONE
London, Nov. 22. The death of
Emperor trancis Joseph has caused
notable emotion in Vienna, says the
Exchange Telegraph company's Am
sterdam correspondent. The general
public was not aware of the serious
nature of his illness, according to
these advices, because of the non-
alarming character of the bulletins is
sued. TJie emperor, the dispatch
adds, was feverish yesterday after
noon, being unable to eat his evening
meal and retiring at 7 o'clock, as
sisted to his bed chamber by his
daughter, Archduchess Valerie. ' He
found himself unable to sleep and
asked that his physicians be sum
moned, complaining ui paiua m mc
At 9 o'clock the emperor appeared
to be in a more restful state. A few
moments later, according to the de
tails received, the doctors saw him
and he made a gesture, pointing to his
throat. A second afterward he was
The members of the imperial fam
ily were immediately summoned, as
were the officials of state, who pre
pared an announcement of the death.
Emperor William was immediately
informed of the passing of his ally,
the message being sent over the tele
phone which links the headquarters
of' the German army with Schoen
Nothing has as yet been decided,
it is said, with regard to the emper
First News of Illness.
The first intimation received here
that Errfperor Francis Joseph's health
was again the subject of solicitation
was contained. in a dispatch, dated
November 12,' "emanating from s
Vienna newspaper agency, which re
oorted that the. emperor had been
suffering for somtdays from-a slight
catarrhal ? sffectibn. Subsequent re
ports from various sources, more or
iess conflicting, represented that his
condition was becoming worse, but
none of them indicated that his ill
ness threatened to reach a critical
stage and from Vienna came assur
ances that he was still able to give
audiences to one or , more ministers
Heir to Assume Power.
What gave some credence to the
suspicion that his condition was much
graver than the official bulletins indi
cated, was the report, which still
lacks official' confirmation, that it had
been decided to associate the heir to
the throne, Archduke Charles Francis
in the government of the country and
'that he was to assume the position
(Continued on Pas-e Two,' Column One.)
Heir to Austrian
Throne a Soldier
Vienna, Nov. 21. Archduke Charles
Francis, grand neptiew of Emperor
Francis Joseph became heir to the
throne of Austria-Hungary by the as
sassination of Archduke Francis Fer
dinand prior to the outbreak of the
war. He has been in command of the
Austrian armies on various fronts
during the past two years.
Archduke Charles Francisco was
born on August 17; 1887. His wife
was Princess Zita of the Bourbon
house of Parma. His father was the
Archduke Otto, who was the younger
brother of Francis Ferdinand.
EMPEROR OF AUSTRIA-HUN-GARY,
WHO IS DEAD.
Requiescat in Pace
WOMAN SAW MEN
Mrs. Alice Willard Testifies at
Red Oak About Mysterious
V , .. Meeting.
BEFORE MOORE KILLING
Red Oak, la., Nov. 22. (Special
Telegram.) The Wilkerson $60,000
damage suit was continued this morn
ing with the cross-examination' of
Mrs. Alice Willard, who .testified
that she, in company with a Mr. Mc
Cray and Miss May Freeman, heard
F. F. Jones, W. B. McCaull, William
Mansfield,, Harry Whipple and a
fifth man whom she did not know,
whispering in the vacant lot north of
the Joe Moore home on the night of
the murder. She said she talked
with F, F. Jones in his store August
16, 1916, about the anonymous and
threatening notes she received in the
summer of 1916 and that she told
him that she received the notes but
that his name was not signed to them
as Mr. Jones had heard. '
Attorney Beeson then asked her if
she woald" state positively that it was
these men she saw there, and she
said she would.
Mr. and Mrs. Ffed Whipple, living
north of Villisca, testified that Albert
Jones and W. B. McCaull were at
their home early the morning after
the murder and that when they told
Jones of the murder' he expressed no
A new line of procedure in the case
was taken up in the testimouy of
Walt Marsh, Henry Gourley and
George Spargur of Villisca who
stated that alter the Moore murder.
W. B. McCaull in Jiis pool room
showed them a piece of bone which
he said was a piece of Joe Moore's
Harry King testified that he pur
chased the McCaull pool halt in De
cember, 1912, and that lie found un
der the cash register a piece of bone.
This bone he described as concave in
shape and about three or four inches
Life Work of
Paris. Nov. 22. Although no offi
cial confirmation of the death of Em
peror Francis Joseph had been re
ceived in Paris early this morning,
the press generally accepted the news
as authentic. Special editions an
nouncing the emperor's death were
bought up rapidly and the passing of
the monarch was discussed with
greatest interest. In their comment
the newspapers are merciless, ine
The sinister old man who tor
sixty-eight years wore the double
cown disappears too soon, notwith
standing Ills- cigniy-six years, lor nc
has not seen the approaching hour
of expiation of the crimes for which
, ' i . . ti.. L-
ne Will Dear cicruaiiy ill ui-iuij a
crushing responsibility and stigma.
But the specter of punishment must
have haunted his latter days if this
man, so monstrously indifferent, was
accessible to any feeling whatever
this mau who witnessed unmoved thej
QUIGGLE IS CHOSEN
State Association Wants Uni
of Nebraska to Broaden ;
TO DEVELOP WATER POWER
C C. Quiggle of Lincoln was elected
president of the Nebraska Manufac
turers' association, wHich came to a
close Wednesday afternoon. With the
exception of H. E. Gooch of Lincoln
alt the old vice presidents were re
elected. They are J. W. Steinhart of
Nebraska City1, L. A. Kinney of Has
tings and R. W. Beasley of Omaha.
C. C. Smith of Exeter was elected
secretary and A. C. , Scott of Omaha
treasurer. Directors elected for a
period of two years are L. M. Ward,'
Lincoln; F. E. Pratt, Fremont; John
Silver, Superior; Jay Bums and W. H.
Clarke of Omaha. Directors elected
for one year are C. L. Aller, Crete;
E. F. Huse, Norfolk; Ti E. Adams,
Beatrice; R. H. George Lincoln; W.
J. Monaghan and R. A. Luessler of
Lincoln Next Year.
Following out the plan of former
years to alternate the convention be
tween Omaha and Lincoln, the latter
place was selected as the convention
town for 1917.
Before the meeting came to a close
the manufacturers recommended the
That the Nebraska delegation in
congress be instructed to urge legis
lation on te enactment of a Taw that
will promote foreign trade.
That the Univversity of Nebraska
regents be urged to broaden their ex
tension work to include merchants' in
stitutes and short courses in the cities
and towns. '
Boom Good Roads.
That approval and endorsement be
sent to the Association of Commer
cial clubs for the work it has been
doing along constructive lines, espe
cially on good roads, publicity and
. That the state appropriate an equal
amount to that of the government, so
that it can share in the national road
Mercilessly on '
the Dead Monarch
worst catastrophes heaped up by fate
on his family and his country. The
irony of fate if lw had disappeared
from the scene three years sooner,
the world would have forgotten his
calculating cowardice, his ferocious
egotism, his hyocrisy, and would
have remembered only the private
and public misfortunes which marked
almost all the years of his reign, with
out reflecting that these misfortunes
were all deserved. He would per
haps have been pitied. But justice
has not permitted that he swindle the
world out of this supreme homage.
It has made for his death a setting of
reprobation and horror."
It is not believed in Paris that the
death of the emperor will affect the
war in any way. The general im
pression here is that he had long been
more or less of a figurehead, signing
without reading documents to which
his signature was necessary and tak
ing no part in affairs of state.
HIS REGARDS TO
Republican Candidate Congrat
ulates Wilson on His Re
Election to Office of
Secretary of State Will Not
Give Electors Certificates
Unless Errors Corrected.
NOT TO AFFECT RESULT
Lakewood, N. J., Nov. 22. Charles'
E, Hughes, republican candidate fot
president in tne recent election, to
night sent to President Wilson a tele
gram congratulating him upon his re
In his telegram Mr. Hughes said:
"Because of the closeness "bf the
vote I have awaited the official count
in California and now- that it has
been virtually completed, permit me
to extend to you my congratulations
upon your re-election. 1 uesire also
to express my best wishes for a suc
Sacramento, Cal., Nov. 22Secrc.'
tary of State Frank C. Jordan pre
dicted that unless certain mistakes
and omissions discovered in returns of
the election from Yuha county and
Orange county are corrected, he will
withhold the certificates of election to
presidential electors from California.
anouid this be done mere will un
doubtedly be a delay if not a serious
situation possibly affecting even the
re-election of President Wilson, since
the election depends on the votes of
the thirteen presidential electors from
Following is a statement issued bv
"Under the provisions of Section
4fw ui ijic, puuuiai ujuci ii is mc uuiy j
or tne secretary or state to compare .
and estimate the votes given for
electors. Such comparison and esti
mate is to be made as soon as returns
re received irom an tne counties in
"In Marysville precinct No. 3,
twelve democratic electors are
credited with ninety-six votes each,
out tne votes received by Loren A.
Handley, democratic elector, have not
been credited because the election
clerks failed to include the vote in
their returns tc-the supervisors, the
supervisors could not ascertain such
vote and therefore the county clerk
was unable to include it in the returns
to this office. The returns from this
county are incomplete.
More Glaring Cass. ; 1
"In the county of Oranee a more
glaring case of disfranchisement is
presented. All the voters of Orange
Thorpe precinct have been denied an
expression of their wishes, as indi
cated by their votes. Because the
tally lists are in the sealed envelopes
containing the ballot the board of
supervisors could not ascertain the
vote in that precinct, and the returns
certified to this office are not com
plete because of such omission.
If these mistakes are not cor
rected, if these partial returns are to
be accepted, if the will of the voters
of these precincts is to be disregarded,
even the vote of one elector, why can
not other mistakes be permitted to
occur in other counties and precincts
anrl tlltia til uialt nf U
....... ..... .. ... vuicia uc
thwarted and confusion result
It IS the dutv of the drmrvrrnllr
and republican state central commit
tees to take immediate steps to have
these mistakes corrected, even if th
aid of the courts must be invoked, oth
erwise tne secretary ot state may
deem it his duty to withhold certifi
cates of election to presidential elec
tors in order that an evil precedent
may not be established." .
Won't Affect Situation.
Cushing, chairman f the democratic
state central committee, said today
that, in his opinion, no action con
templated by Secretary of State Jor
dan could possibly affect the situation
as it stands that President Wilson's
lead in the state is safe. ,
Statistics gathered bv renuhlirana
and completed at noon today, showed
that the lowest democratic elector in
California was 1,242 votes ahead of the
highest republican, making the elec
toral delegation solid for Wilson.
' Figures Unchanged.
Los Angeles. Cal.. Nov. 22. Can-
vas or a.os nngeies county a vote in
tne presidential election was com
pleted today by the board of suDcr-
vistors and it was expected the offi
cial certified records wouuld be sent
to aacramento late today. There were
no changes from announced semi-official
No Difference in Results.
Oakland. Cal.. Nov. 22. Totals nn
Alameda county's election returns
were completed today, showing prac
tically no difference over the unoffi
cial figures. Next to Los Angeles
county Alameda county cast the heavi
est republican vote in the state.
You are as close to the
W a n t - A d Department as
"your phone is to you. : -
Lowest Rate, 1 per word.
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