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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 21, 1919)
THE BEE: OMAHA, FRIDAY, NOVEMBER 21, 1919. NEW INDUSTRIAL BODY CREATED BY THE PRESIDENT - Seventeen Men Named to Carry on Work Stopped By Foundering of Re cent Conference. . By The Asiociated Press. Washington, Nov. 20. President Wilson today appointed a new in dustrial conference and called it into session here December 1. The conference will be composed of 17 men, including government officials, business men and former members of the cabinet and former governors of states, and it will carry on the work undertaken by the na tional industrial conference, which foundered on the rock of collective bargaining. Seventeen Men Are Named. The personnel of the conference follows: x Secretary of Labor Wilson, form er United Slates Attorney Generals Thomas W. Gregory and George W. Wickershani, former Food Ad ministrator Herbert Hoover, former Secretary of Commerce Oscar S. Straus, Henry M. Robinson, Pasa dena, Cat.; Prof. Frank W. Taussig, former chairman of the tariff com mission; former Gov. Samuel W. McCall of Massachusetts, former Governors Martin H. Glynn of New York and Henry C. Stuart of Vir ginia; Dr. W. O. Thompson, Ohio State unfversity; , Richard Hooker, Springfield, Mass.; George A. Slade, St. Pairf; Juliui Rosenwald, Chica go; Owen D. Young, New York City; H. J. Waters, Manhattan, Kan., and Stanley King, Boston. The president's letter of invita tion follows: uu..... ...... ...w " o n tion given me by the public group of the recent industrial conference, I am calling a new body together to carry on this vitally important work, and I trust you will give me the pleasure of naming you as one nt it nwmlifr!!. No Distinctive Groups. "Guided by the experience of the last conference, I have thought it advisable that in this new body there should be no recognition of distinctive groups, but that all of the new representatives should have concern .that our industries may be conducted with such regard for jus tice and fair dealing that the work man will feel himself induced to put forth his best efforts, that the employer will have an encouraging profit, and that the public will not suffer at the hands of either class. It is my hope that this conference may lay the foundation for the de velopment of standards and ma chinery within our industries by which these results may be at tained. "It is not expected that you will deal directly with any condition wtiich exists today, but that you may be fortunate enough to find such ways as will avoid the repeti tion of these deplorable conditions. "The conference will meet at a place to be hereafter designated in this city on the first of December next." iHenry M. Robinson of Pasadena, Cal.. a member of the new indus trial conference, appointed today by President Wilson, is an attorney. He attended the peace conference at Paris as a member of the economic group of advisers to President Wil son and also served there on the su- internat;onal labor board. Later he became a member of the United States shipping board, from which he resigned September 15. Outcome of Treaty Fight Still in Doubt (Continued From Pise One.) est1y set to work. They were opti , miatic, however, that in theopen ing days of the new session'if not before, they could reach some agree ment with the republican feroup of 'mild reservationists, who held out in yesterday's debate against all ef forts to divorce them from the re publican organization. Call on Wilson. Democratic Leader Hitchcock and Senator Underwood, democrat, Ala bama, who took a conspicuous part in the administration's fight for rati fication, called at the White House today, and although they did not ,see the president are understood to have left for him their estimates of the possibilities of a compromise. Afterward Senator Hitchcock is sued a statement pointing out that 80 senators in all voted yesterday for ratification in some form and expressing a belief that the 64 neces sary to ratify could get together ul timately. 1 "I realize," he said, "that it will require very genuine efforts at com promise to bring this about, and that concession on both sides must 4e real and not merely nominal." New Reservations. Tonight the democratic leader had drawn up a new set of compromise reservations which he did not make public, but which are understood to propose principally a modification of the preamble requirement in the for eign relations committee draft which would require the other powers to accept affirmatively all the senate's qualifications. ' Everything indicated that the ad ministration had no intention of let ting the treaty fight lapse, even dur ing the interval before December 1, and that there was no thought of abandoning the treaty and nego tiating a new one. The general opinion seemed to be that the presi dent jn order to get the treaty into an advantageous parliamentary posi tion a.eam, probably would withdraw it and then submit it again in the opening days of the new session. , It was pointed, out that under such a procedure it would come back be fore the senate without the com pelling cloture restriction which brought debate to an end yester day. Don't Fear Cloture. In many quarters it was thought doubtful whether the cloture rule, invoked in this instance for the first time, could again command the nec essary two-thirds. Under its oper 'ation the senate chafed considerably and got itself into so many parlia mentary perplexities that some sen ators declared they would make a Victor Rose water's Statement to Court Following announcement of Judge Redick that he was ready to pronounce sentence, Attorney Connell, for the defense, said to the court that, as was his right, Editor Rosewater wished to make . a statement, in which he desired to express his position, and the position of The Bee, .regarding the case at issue. The court grant ed the request, and Mr. Rosewater addressed the court as follows: If it please your honor, in mak ing this statement I do 'so with every respect for this court. I have no doubt it has been doing what it believed is required to protect itself against interference. I wish to say, however, for my self and for the corporation which publishes this paper, that there has been no consciousness of intent to interfere with the pro ceedings of this court in any man ner which would be subversive of justice. When I saw this article myself after it was printed, I felt and I still feel, though I may be mis taken in point of law, that it was not subversive of justice, but was in Jact, promoting justice. I could not see and do not see how it could be subversive of justice to expose the corruption of the wit nesses or the false accusation of an innocent man by any person, even though he may occupy an official position. I will confess that when I saw the article, I had some doubts as to the propriety of printing it, but not in any way thinking it would interfere with the prosecution of the case. I felt rather, that its ef fect on the case would be to in terfere with the defense of Moore, that the paper, had given to the prosecution the evidence which Moore had for his defense which would subject the boys who had been procured to give false testimony against him, as I believe, and have no reason to be lieve otherwise . from the affi davits under the same pressure to go back to the statement brought upon them in the first place. To me that was the only question, and I was greatly surprised to hear of this citation to show cause why this publication and those responsible for it should not be adjudged guilty for contempt of court. I make that explanation because I think it due your honor and the public. Now for The Bee, and myself I think it only fair for me to make this further statement: That the indictment of Moore, after my own experience in the grand jury room, when it seemed to me cer tain agencies of the police depart ment had sought to secure my own i indictment m connection -with the riot, that the effort was to bring some indictment or some reflection upon The Bee with a view of impairing its influence in this community- and to "white wash" the police department for its negligence in permitting this mob to burn this cUurt house and to lynch the prisoner on that regretful September 28. . Only to Injure Bee. It seemed to me that this pro ceeding against Mr. Moore was a Editor Rosewater , Says Judiciary Not Superior to Press proceeding only through him and over his head to mjure The Oma ha Bee and that it would be only fair and in no way contempt of court for The Bee to show that fact and to show that it was be ing attacked and to rebut the points'. If that is true and if it has no such right, then must it sub mit without protest, without an swer, without showing how this was brought about because, this indictment may be pending per haps for weeks and months; must it allow the public to believe that one of its reporters had been a most active leader in this riot?' I, for myself, do not believe any such intention of the law is a proper construction of it. I will not take up your time un duly at this stage, although three days have been used to identify me as editor-in-chief of this pa per, when the -first paper exhib ited showed that on its face. I Jake the responsibility as editor-in-chief of the paper. In fairness, however, after the peculiar meth ods employed to prove this point, let me state that the Bee Pub lishing company is organized like most corporations, with a presi . dent and heads of departments, each in charge of his respective department. There is the adver tising manager, the circulation manager, mechanical superintend ent, managing editor, etc., A Managing Editor in Charge. The managing editor has charge of the news department of the paper. Manifestly, for one who has charge of all of these departments it 'is physically im possible, no matter what the pre sumption of the law may be, for one man to have personal respon sibility and personal control of every article or' every advertise ment going into the paper. If the law says I murt be responsible, criminally and personally, I must accept that interpretation, but it is the same as if the presiding judge were held responsible for acts of other judges. That would not be accepted as a good rule. It is not the rule of law, and cer tainly not common sense. The court in his decision says this is an attack upon the inde pendence of the judiciary, where as my. counsel in the course of argument, suggests that this ac tion is an attack upon the free dom of the press. The court has said the independence of the judiciary is superior to the free dom of the press. - I do not so read it in the constitution. I read the two together, the free dom of the press in one place and the . independence, of the judiciary in another, and in my opinion, if I am free to express it, the two go hand in hand to gether. It is fully as necessary to the independence of the ju diciary that there be freedom of" tfie press as it is for the freedom of the press that we have an in dependent and fearless judiciary. The judiciary protects the free dom of the press and the press insures the independence of, the judiciary. If this decision were carried out to its full limit and strictest application we would Jiave this: That any corrupt, inefficient, or lawless public official could pro tect himself against exposure by the press by merely having him self listed as a witness in a pend ing case. If the mere fact that an official who is not doing his duty, or is dishonest, can call upon the courts to protect him against exposure because he hap pens to be a possible witness in a case to be tried at some future . time, then the freedom of the M press in my tjudgment is wholly subordinated to the will of the 'court. ' , ) Refers to Contempt Cases. , The court has also referred to the fact that the contempt, law of Nebraska is in large part made up by cases that have come out of litigation over publications in The Omaha Bee. v That I take it is no reflection but a credit to the . Ipaper, it being proof positive that its editors and reporters have heen alert in exposing corruption in office and standing against per secution and oppression when it believed .it was right. In this case, I have no con sciousness whatever of any intent to interfere with the court in any way, but only to promote justice by exposing corruption in office and thus to subserve the public interest. If it means that for this I am to be held in odium and branded by the court as guilty of an offense. I must accept the sit uation and do accept it. I trust you will accept these remarks in the spirit in which they are in-' tended. stubborn fight if its use were pro posed again. Without a limitation on debate the irreconcilable enemies of the treaty declare they would oppose vigorously any hasty action in the new session and with other pressing problems on nana and a Christmas recess planned it is reckoned that action might be delayed well into the new year. ' In that connection the leaders are mindful that some of the senators most bitterly opposing the treaty openly have expressed hope that the senate will not act until the people have spoken in next year's campaign. Senator Borah, republi can, Idaho, has announced' in the senate on two occasions that unless his party declared against the treaty he will part company with it. Senate's Rejection Causes Much Discussion In Paris Paris, Nov. 20. (By the Asso ciated Press.) The adjournment of the United States without ratifica tion of the peace treaty created much surprise in peace conference circles, as dispatches from Wash ington had suggested that some compromise was probable. Henry White of the American delegation received the news from the Associated Press while he was attending the supreme council ses sion today. The members of the council, after adjournment, with held comment. In French official , circles, al though there was disappointment of the senate's adjournment with the treaty situation still unsettled, no surprise was expressed, and it even seemed that the event had been ex pected. Apparently the situation had , been discussed and measures taken in advance to" meet the eventuality, as Foreign Minister Pichon, who presided over the su preme council today, urged that the treaty be put into force not later than December 1. No formal meeting has been held between the German delegates, who arrived yesterday morning, and the representatives of the allied powers concerning the protocol to the Ger man peace treaty. It now seems un likely that the protocol will be sign ed before the end of November, as the Germans oppose the provision requiring them to replace warships sunk when their fleet was scuttled at Scapa Flow. The failure of the allied and as sociated powers to reach an agree ment on fhe treaty is reported to have greatly encouraged the Ger mans. Release of Jenkins Demanded by U. S. (Continued From Page One.) once dead I would not be ransomed at all; that the extraordinarily large sum he demanded was difficult to get in a day, and on account of its bulk and weight it was difficult to transport and that the state gov ernment would surely prevent it be ing sent to him. 1 Wanted Cash Sum. "In view of these considerations, it was finally agreed that a certain amount in cash be pai-d and the bal ance paid as demanded. This agree ment was approved by Mr. Hanna, the secretary of the embassy at Mexico City, who rendered the most valuable assistance at all times. On Sunday the sum of 54,000 pesos was paid in cash and five of my inti mate friends here responded with their lives for- the payment of the balance, and I myself promised to complete the payment as demanded. My friends were forced to sign a document to that effect, and upon the delivery of this document and the cash payment, I was released on Sunday afternoon, October 26. "The state government, and the federal government, as well, did nothing at all' to effect my release, in fact they only served to disturb the work of my friends. They wanted to send troops immediately to pursue the rebels, but these had explicitly told my wife that if they were pursuec! or "attacked, they would Immediately kill me.r The city police arrested all my servants and employes, people . who had nothing in the world to do with the case, and had to release them after ward, but they had to do something to make it appear they were active." INSTANT , i POSTUM Instamt (D O P0STUM a miuH has taken the place of coffee in many homes Convenient Economical Satisfying t Made instantly Sold by Grocers. Des Moines Schools Closed By Fuel Administration Des Moines, Nov. 20. Special Telegram.) Shortage of coal here compelled the fuel administration to order schools closed Thursday and to remain closed until the crisis is passed. Plans have been started to cut down street car4 service. No more coal- is to be furnished the aters, pool halls and amusement places. All useless street lighting is to be cut off at once. A For Coldi of Influenza and as a Preventative, take LAXATIVE BROMO QUININE Tablets. Look for E. W. GROVE'S signature on the box. 30c. 2am W W 1, Ift ll W 4 If 4tS FLOOR - -. . D aTWFI) Dl V f omahaIneb. ngp i POPULAR PRICED GUARAN ittU MNIIilKJ thus never reach the public, and the crime remain forever buried, was not denied. t Such was the decision, and it holds good, unless reversed by the higher courts, in all future rases of the kind, in which exposure of what is taking place involves a witness for the state. If the public doesn't like it, what is it going to do? If the public wants the news, how is it going to get it? ' Is there any other agency that can better get the news than a news paper? Cannot Analyze Cases. To correct whatever lalse im pressions might have been gathered from the wording of his decisions, as pronounced hastily during the trial of the case, said Judge Redick, he would supplement them with respect to the liberty of the press by a definition of -exactly what a paper could print and to wnat lengths it could go in reiernng to cases "pending" in courts. The court does not inhibit publi cation, except to the extent that the paper must not analyze and com ment on a case, or the testimony of a witness to the extent of making such analysis and comment a trial of .the case before the public," said the judge. , 1 Xn the story as pubiisnea in ine Bee. the situation with respect to certain cases handled .by the police, and certain conduct of the police department was referred to; as rotten. Under the ruling of the court this might be taken as coming under the head of either analysis or comment." That it might be true, under the ruling of the court, and that the pub lic had a right to know the truth, would not warrant the publication, if the characterization of the de partment could be construed as coming within the meaning- of "an alysis or comment." Under Head of "the Truth." The Bee in its headlines further said: "Captain Haze offered liberty to boys for false testimony before the grand jury.'1 Apparently this part of the story Cannot Tell Truth About Any Witness, If Case Is Before the Court, Announced Judge Point Is Made Qlear in Final Decision and Pronounce ment of Sentence in "Contempt" Case Against The Bee for Exposing State of Rottenness in Po ; lice Prosecution of Case Before Grand Jury. (Continued From Page One.) , ' court it might pass unnoticed, andi comes under that part of the court's runng reiernng to me ' truth. Further on in the story of The Bee, the allegation: "Captain Haze 'framed-up' malicious and false tes timony before the grand jury.'" This, in turn, appears to come un der the head of analysis. Down in the body of the story is the interesting disclosure that: "Captain Haze is the same man who was discharged under a former ad ministration for indecent and im proper conduct towards women. He is the man to whom Commissioner Ringer looks for his most particular and delicate detective work." Examining the ruling this appears to come again under the heading of "truth." Editor's Statement. Previous to pronouncement of sentence "by the court, Attorney Connell reauested that the usual priviliege be extended, and Editor Rosewater be allowed to make a statement, in which he wished to explain to the court an4 the public his position, and the position of The Bee, on the question at issue. In his statement Editor Rose water in a lucid and masterly man ner discussed the fundamental rights of the courts and the paper, and took issue with the judge's rul ing that the rights of the judiciary are paramount to the rights of the press, stating that the rights of each were equal. "It is the press," said Mr. Rose water, "which in fact, protects the judiciary." "The judiciary in turn," he said, "protects the press." ' i Case is Appealed. Followiner the remarks of the judge, explaining his sentence, the vital points of which have been set forth, the court announced its sen tence of $1,000 fine against The Bee Publishing Co., with costs, and $1,000 against Editor Rosewater, with costs. Attorney Connell immediately an nounced the filing of a motion for a new trial, and the taking out of a supersedeas to the supreme court. Bond was fixed at $2,000 in each case, 'being twice the amount of the fine. Three American Women In Rome Seek Divorces Rome, Nov. 20. -Three American women are concerned in application for annullment of marriage now be ing considered by the authorities at the vatican. Duke Heinrich-Berwin von Meek-lenburg-Schwerin has asked the an nullment of his marriage to the widow of Count Gasquet-James, who was formerly Miss Elizabeth Pratt of New York. The Princess Radziwill, formerly Miss Williams of Washington, has requested the annullment of her mar riage to the former chairman of th democratic national committee, Wu liam F. McCombs. Foreign Exchange Drops -To Unusually Low Levels New York, Nov. 20. Foreign ex change again dropped to new level in the local market today. Sterling brought $3.99tf, which is VA cents below yesterday's lowest quota tion. Franc checks were quoted at 9.79 for the dollar, S centimes be low yesterday's prices, while lire checks sold at 12.57, off 13 centimes. 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