Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 23, 1916, Image 1
The Omaha Daily VOL. XLVI. NO. 136. OMAHA, THURSDAY MORNING, NOVEMBER 23, 1916 TWELVE PAGES. Oa Trains, at Hattla. Newt iUada at., ta. SINGLE COPY TWO CENTS. Thousands of Omaha families read The Bee exclusively. If you want their oade advertise in The Bee. Bee THE WEATHER - FAIR ADAMSON EIGHT HOUR RAIL LAW DECLARED VOID United States District Judge Hook Hands Down Deci sion in Case at Kan eas City. TO CONSOLIDATE SUITS Railroads and Department of Justice Will Press Appeal to Supreme Court. 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 district court. 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 lines run. 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 cember 4. 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 " ! n. . For Nebraska Fair. Temperatures at Owfclia Yegtertfasr. . Hour. Deir. HlnhMt yesterday .. 33 Ijowent ywrtnrdiiy . 31 Mean temperature . 32 FraclpilatlOD V .H 42 .00 49 .09 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 Rain fall. of Weather. 7 p. m. I'heyenne, clear 38 Davenport, rain 43 fienver, clear .......... 38 (Jodpe City, elear 38 lender, clr .. . 2 ,0 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 40 n 60 . 44 49 34. .01 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. Charles ; Francis Joseph and his Consort HOSPITAL SHIP BRITTANIC IS SUNK Former Big White Star Liner Victim of Mine or Torpedo Fifty Lives Lost. , ELEVEN HtJNDEED - SAVED , BULLETIN.. 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 Back Here. 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 Judge Sears. 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 II IVJ ILfl NEBRASKA FARMERS 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 in November. 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. Hubbard, Juniata. 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 managers. 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 the managers. 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 Working Woman 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 ored : "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. Oblige, (Signed) "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 Until Yesterday. 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 throat. ' 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 dead. 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 brunn palace. Nothing has as yet been decided, it is said, with regard to the emper or's accession. 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 daily, - 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. Francis Joseph Requiescat in Pace WOMAN SAW MEN NIGHT0F MURDER 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 surprise. ' 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 skull. 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 in diameter. Matin Comments 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 Matin says: 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 1 QUIGGLE IS CHOSEN BY MANUFACTURERS State Association Wants Uni of Nebraska to Broaden ; Extension Work. 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 Omaha. 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 following: 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 state conservation. . That the state appropriate an equal amount to that of the government, so that it can share in the national road building fund. 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. HUGHES SENDS HIS REGARDS TO THE PRESIDENT Republican Candidate Congrat ulates Wilson on His Re Election to Office of Chief Executive. 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 election. 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 cessful administration. Uawrm riareup. 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 California. Jordan's Statement. 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 the state. "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 figures. 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 Bee W a n t - A d Department as "your phone is to you. : - Tyler 1000 Lowest Rate, 1 per word. Best Results. Best Service.