Omaha Daily Bee Newspaper, May 4, 1909, Page 1

THE OMAHA BEE a clean, rellable newspaper that is admitted to each and every home. THE OMAHA DAILY BEE OMAHA, TUESDAY PILES AND BORAN | TALK IN SENATE Washington Senator Makes Extended Defense of Dingley Bill' Duty on Lumber. IDAHO MAN ON INCOME TAX He Quotes from Speech of President’ Taft Favoring It. QUESTION OF VALIDITY RAISED Thinks Court Should Have Another Opportunity to Consider It. MEANS OF WIPING OUT DEFICIT or | | Income Tax Wonld H; Awakening Public in National Effect Interest Exe ponditures. WASHINGTON, May 3.--An exiended de fonse of (he Guty provided in the Dingley o lumber was made in the senate to- | by My Pile Washington. He v by 8 Borah, who discussed taving veuns of raising reve- divided opinion United States { nil an of was | ar as o not- only | tux justics b IR Vi suprem of Insistod alvo that it was the duty of con- &ress 1o again submit the question of the constitut'onality of he ax o he court. Mr. Borah veferred to former President Norsevelt as having shaped the destinies of the republican party and sald that with- cut his leadership “his party would have gone out of business.’” He added that “without continued adher- nee to those principles the party will go power. an, he added, “is politically so risighted or politically =o blind as the noan who thinks the steamer Hamburg car ried away the policies, the principles, the iblie iInterest, the aroused public con- sclence and the searching public concern which this rdmarkable man bequeathed to his conntrymen.” This state in connection Roosevelt's suggestion in faver inheritance and graduated n favor in th conrt the with of n in- lent was M graduated come tax. Porah Quotes Taft. Mr. Borah also quoted Mr. Taft's speech in which he spoke in favor of the income tax Does the senator believe,” Mr. Suther- Jund usked. “that President Taft belleved jn the constitutionality of ihe income tax law—in other words, that he belleved that law, pranounced unconstitutional by the supreme court, was in fact constitutional.”” 1 only know wheat he sald to the Amor- ican people when he was a candidato for the presidency” responded Mr. Borah, “that he was in favor of an inceme tax, which eould he drawn o be mads constilutional 1 @ not Willing to belleve that the presi- dent belleved In drawing an income tax | taw applicable to mien tofling in professions | and then in exempting the vast accumu- | Intod wealth of this nation from taxation.” Mr. Borah advocated an Income tax as a means of wiping out the tremsury deficit | well as awakening public Interest in| expenditures, saying it was no | than the present system Referring to Mr at income tax ational morc inguisitoris 0! national taxation Carncgle’s stafement t would cucourage p My, Carnegie did v can party, and T wish I the republican party Mr. Bo sald ake the repub- was just as sure dld not make | iry not Carnegl r peveridge and Mr. Clay sald that he belleve in the constitutionality ncome tax law, but when the su of the ["aited States decided agatnst it was nelined to set up h's op'nion agoinst that of the court. Fur- {hermore he Felioved that such a tax should be imposed only In great emergencies when lie would firsi favor a tax on inheritances and then a tax on incomes. Mr. Heverldge told Mr. Clay that a tarif! commiss'on would throw a vast amount of | Jight on all these questions and added he yould speak on the income tax amendment lat | SHEEP MEN WANT OLD RATE, Georse F, Walker of Cheyenne Coi fers with President on Wool Schedule. WASHINGTON, May 3. of Cheyenne, Wyo., secretary the jonal Wool Growe assoclation, had extended talk with President Taft to- regarding the tariff, Mr. Walker stated that the sheep men could not carry on & profitable business under leas protec- 1+ than that provided by the Dingley | tariff law. The Payne bill sed by the | h retalns the Dingley duty on first ! ind second class wool, but makes a rveduc tlon of ahout %5 per third class wool, Th Aldrich bl the senate repeals the Dingley duties the way | through the wool men that it should be adhered to, anxfous AIMS AT MISSOURI Warner Asks t0 Reasonubleness Rates Charged. May 3.-In the senate sved consideration of his’ & the Interstate Com meree commisslon (o Investigate the rates elghteen Interstate roads do in Missour! to dotermine whether were charging unreasonable rates Objcction was mads by M said he wanted to further the neusure. He aise objected un the ground liat the rule under which the senate \wwus proceeding only the tariff and census & could be considered r. Hale and Mr. Tikins made similar | jection and the measure was referred to | | with Mr had been Senat n a colloquy Boral ¢ th 0 remne court he not George F. Walk er of N an da cent on now in all and are ROADS estigation ot Senntor - WASHINGTON, to- day Mr. Warner 1 resolution authorizi they committae on intersiate commerce. B g BOMB IS USED BY SUICIDE Ilinols Farmer Blows Himself a Pleces After the MOUNT VERNO May 3.-A dyna uite bomb wha the means employed by Carson Martin, & farmer & ¥ in Belle Rive, south of this ity sufclde. Martis took the explosive to an outbullding earty yesterday morning. The struoture Was n to bits and hie body w4 scattersd over the premises. He lefi & loiter deslariag Bl inisaties \o lake his e ¥ snow in the upper atmosphere. JURY Republican Ticket For Mayor-—John P. For City Clerk Breen. am K. Greenleaf. For Comptroller-——John 8. Helgren. For City Attorney-—Nelson C. Pratt For Bld. Insp'ct'r—F. C. Gardiner. For City Engineer- -Geo. W. Craig. For Councilmen Louis Berka E. Holovitchiner. Louis Burmester Edw. Leeder David H. Christie Henry E Ostrom Tred Schroeder B. Humm . D. Rice. C Kugel srge Marshall 1. M. Davis. missioners- Hoye. Wipam J. Hunter. Chas. J. Karbach William F. Wappich, Would Enjoin Polit % Fre” Removal of Body| Woman Goes Into Court Changes in Family ing Ground. Bury- WASHINGTON, Pa. May the arrest of Riley Anderson on Saturday, charged wtih monument from u burial lot Julla A. Vandergrif{, a preliminary junction was applied for today by Vandergrift to prevent ers from removing the body of her hu band and his mother. leges that Riley Anderson, Henry Andes 1. R. Boyd and H. H. Dawson at removing Mr. son, Upper Air Snow Stops Balloon Race| Rain on Surface Becomes Swow in Higher Strata and Weights Down Bags. BBRLIN, May 3.-The balioon compet tion that started here Saturday afternoon | heavy | 8ix balloons | colder turned into snow. The airships became weighted with the snow and the pllots were obliged to throw out thelr ballast rapidly to prevent Not one of the ships was able to cover mora than twenty-two resulted in failure owing to the fn a rain whieli in the thousand feet high ascended stratn several a premature landing. miles and they came down encrusted wit snow to, the depth of one foot. FOR HASKELL CASE| Panel to Investignte Muskogee Tow: Lot Frauvds in Drawn. MUSKOGER. Okl, May 3.—The the grand jury to the Muskogee town lot frauds Governor Haskell and other prominer Oklahomans are involved. The jury at Tulsa May. 10 in convene | to Prevent | &—Following Allentown belonging to in- Anderson and oth- | Mrs. Vandergrift al- have removed a monument from her lot to an- other and are proceeding to have the old inscriptions cut off and new ones put on it tederal | | grand jury commission today completed the | drawing of investigate which I8 to IMAKES CEARGES AGAINST JUDGES I)l!inomi Representative Asks Inquiry Into Conduct of Justices Phillips and McPherson. RESOLUTION INTRODUCED IN HOUS i Judges Accused of Going Fishing { - with Railroad Attorneys. | | PHILLIPS CHARGED WITH NEGLEC Resolution Says He is Often Absent from Court and Abuses Jurors. WILL DEMAND INVESTIGATION | . me Phillips Al i Wrongdoing and win Interview Denies ays He Tnsint on inguiry. Imme- dlate WASHINGTON, May &.—Making serious charges against Federal Judge John K Phillps and Smith McPherson of the western district of Missouri, Representa- tive Murphy of that state Introduced a { resolution today to Investigate their con- | duct In the ltigation between the state ana | the railroad companies over the maximum freight law and the Missourl 2 nger rate law. The preamble of the Murphy resolution claims that the two judges accompanied certain rallroad attorneys on a fishing trip, on which occasion members of the party were arrested for violating the game laws of the state. The resolution charges that Judge Phil- lips neglects his duty by continued absence from the hench, and that when he does preside the court is in session for only four hours: each day. Mr. Murphy desires the general conduct of Judge Phillips invest- | katea, contending that he is Insulting to | cent pas- a s | .- r- the attorneys who are compelled to prac- tice In his court, and also that he has at varions times Instructed the jury to bring in a certain verdict. If the jurors bring in a different verdict, declares the resolution, Judge Phillips becomes insulting and prac- tically charges. that they have violated thelr oaths as jurors. The resolution recites the various phases of the litigation, Including a statement that the raiiroad companies agree to es. l»;lnhlluh certain rates within the state of Missourd in violation of the state anti-trust law. Tt is stated that the two judges ren- dered certain declsions which In effect usurped the lcgislative powers of the legis. | lature. Will Demand Investigation, KANSAS CITY, Mo, May 8.1 wili cemand an immediate investigation, * said Judge John F. Philips here today when shown the Washinglon dispach in ce- gard (o Representative wlurphy's resolu- tien. 1 do not intend fto allow these charges to hang fire indefiniteiy If I can lielp it Although he declined to he Interviewed, Judge Philips intimated that he would immediately telegraph Speaker Cannon and request that the congzressional mittee be appointed to investigate oughly the matters suggested by Murphy resolution. That portion of rexolution which Insinuated (hat Judge Philipe had been derellct in attending 10 his official duties seemed to disturb him most, he his part the h com- thor- th nt satd as in (Continued on Second Page.) City Election Today Heading of the Ballot Democrat . . Republican ....... Socialist . .. To make sure of voting right, put cross in Republican cirele at top of ballot. Cross in cirele will count republican for all nominees except where otherwise indicated by cross in square opposite candidate’s name. Put cross of the squares. in circle as above before you put crosses in any Cut this out and take it with you into voting booth for reference. 0” On Water Where to Vote irst Ward. Pt District Sixth ¢ St 1708 South T 919 Bancroft Bhe: St Second Ward. %65 8. Twenty-ninth, Vinton St Vinton St ‘inton 8t . Sixteenth St N N N Military Ave. Third Ward, Webster St 8 South Tenth St North Fifteenth 8t 410 8. Thirteenth St Thirteenth St 2119 Lea 185 Geol -1338 Par Fourth Ward. 1-1611 Davenport St 242 South Eighteenth 3-T18 Bouth Sixteenth 4816 South Twentieth 5-2%1 Davenport St 1-134 N Polls Open 8 Sherman Ave 8herman Shermun North Sixteenth Sixth Ward. Seventh W Eighth Ward. 2198 Cuming St 3-1606 Cass St 42415 Cuming St h Wa Ninth Ward. Distriet %19 Cuming St 227 Cuming St 3M Davenport St 21 South Thirty-sixth 14 Farnam St rman Ave. Ave Av 1 3 ¢ 5- Tenth Ward. 1018 South Tent 1521 Leavenwort $-n% Leavenworth 4143 8. Sixteenth 5-1448 8. Thirteenth 1 Twenty-fourth. |2 Twenty-fourt: Twenty-elghth. St Fleventh W 14008 Hamllton St 302% Farnam St 3420 Leavenworth St 706 8. Twenty-seventh, Twelfth Ward 1-418 N. Twenty-fourth 23624 Ames Ave. 3-%015 Corby 8t 20 N. Twenty-fourth rd. rd. enworth rgie Ave k Ave + 2106 8. Thirty-th Twenty-four a. m. to 6 p. m. tine | From the Milwaukeo Sentinel. MRS. HAINS LAST WITNESS Mother of Accused Captain to Tell of His Peculiarities, HAINS' SERVANT ON STAND Tentif Annis and Captain's Carried on Wite “Something Awfal” e Captain’s Absenc FLUSHING, Y., May &—With Major John P. Hains, the defenlient's brother, on the stand. the third S6:5“nf the trial ot Captain Peter C. Haingmr., for the killing of William B. Annis, opened here today. According to present plans the defense will call Mrs. Virginia Hains, mother of the defendant, as its last witness. She s expected ty tell of the eccentricities Captain Hains as a child District Attorney Dewitt began his cross- examination of Major Halns by asking him when his brother had stopped wearing Rlasses. ‘I don't them.” the major replied It is contended the prosecution that Captain Hains has stopped wearlng glasses #ince the shooting and because sightedness this would account | ner for the peculiar stare ant's eye which has peatedly by the Major Hains velle, a color know that he stopped wearing his near in a man in the defend referred to re witnesses for the defensc. was excused and Bmma a4 domestic employed in ptain Hains' home during 1%7 and 1908 was called by the defense. She first met Captain Hains with his brother, Thornt at Fort Hamlilton in June, 18 “1 sald to Thornton,” tha wit- testified. ‘that it was too bad the captain’s home was broken up, and Thorn- ton sald and T want you to tell me all you know about it' I told Thornton Hains that I saw Mr. Annis in Captaln house with his arms about Mrs. Hains and kissing her, and when Mrs Halns saw me she sald, ‘Emma, this is my affinity Carrled on Something Awfal. The witness testiffed that Annis made fre- th been . the wit- ness said ness Hains' quent visits to the captain’s home while ceptain was in the Pl “The way they carried on was something dreadful. They would stay up all night and act ridiculous.’ The Mrs Hains I not | Annis The these ippines. She sai Annis between during which Mrs. with wife. Am To which witness Halns and “To to you than she “Yes, In sald a quarrel satd your replied a way witness e she was relating things to Captain Haine, the muscles of his fuce were drawn, and he glared and said: “My God, what &m I coming to? Tt (Continued on Second Page.) Thinking of mov- ing this spring? The time to look for a house is before everybody getsbusy doing thesame thing. Under the heading ‘‘For Rent, Houses,’’ on the want ad page you will find practically a complete directory of the houses that are offered for rent. This gives you a chance | to select a list of the houses | that might interest you and | then investigate. You will find reading the want ads is a good habit. Have you read the wast ads yet wdayt | | | Plea Made for New Employers’ Liability Act Attorney General Intervenes in Suit Involving Constitutionalitly of Btatute Passed in 1808, WASHINGTON, May 3—The government today filed in the supreme court of Hart- ford county, Conn., Becond judicial dls- trict of Connecticut, its brief in the case of Pagar G. Mondon, plaintiff, awainst (he Now York, New Haven & Hartford Rail- road company. The case was brought under the employ- lNability act of April 2. 198, and|the government, by permission of the court, is allowed to intervens and fila a brief in sup- port of the constitutionality of the act which has been challenged by the defendant company. Attorney General Wickersham and Wade H. Eliis, his assistant, who pre. pared the brief. have taken a strong per nal interest in this case because of its great importance and at the outset state that the government has no interest in any other question involved than to defend the validity of a wholesome and important nact of congress, passed for the protection of A vast number of citizens and for the safety of Interstate commerce. In the case involving the constitutionality of the former employers' liability act (207 U. 8. 4&,) the brief says the Department of Justice was given permission in the original and appel- late courts to file briefs to be heard in oral argument. Congress, In adherence to the limitations established by the supreme court in the tormer c it continues, passed the act which is now the subject of this contro- versy, and the attorney general is impelled by the same sense of duty to the public at large to defend the new law as that which actuated him in seeking to uphold the old. Counsel for the government are able earnestly to submit that the objec- tions urged successfilly against the validity of the prior act have been eliminated from the new statute and that the employers' Nability law now before this court Is clearly within the constitutional power of ers' con- May Buy Wright Aeroplane. LONDON, May 3.—~Wilbur and Wright, who arrived here from tinent last night for a brief visit their departure for the visited the war office this morning and had a conference with War Becretary Haldane and Major General Sir Charles F. Hadden, master general of the ordnance, at which the proposal that they supply the British government with ene or more aero- planes was discussed. Orville the con- prior to United States, TAFT T0 PEACE CONGRESS President Writes Letter Endorsing World Movement. PLEDGES AID TO AVERT WAR| Prestdent Take ing Ankn Lea in United States to Act. Payne the the CHICAGO, May 3.-"Some power which the world will heod must take the initlative in proposing peace to_the world.” sald Robert Treat Payne of Boston In his open- thg address at the second Natfonal Peace congress today. Continuing, he said “We meet here in Chicago in hopes that Chicago will move the United take this Initiative, for which world waits. “S8ome nation power, the initiative In proposing. scheme by which peace may banish war, ““The second Hague conference, with its glorlous union of all the forty-four natlons earth, could not quite agree on the detalls of the supreme court of nations drafted by James Brown Scott, to whom was entrusted that great task by American deputation under the lead of Joseph H. Choate. But this world scheme cannot long be delayed. With the concurrence and support of the powers of the world, a scheme will soon be ready ““The next step should be to have Amorica speak up and ask the concurrence of the world." Addresses of welcome were made by G ernor Charles 8. Deneen and Mayor A. Busse of Chicago. Rev. A. Eugene Bartlett, chalrman of the reception com- mittee, welcomed the delegates to the work of the congress and to'd them of the ar- rangements that had been made for thelr comfort and convenience. States the whole to some must In urging a our ur own - Taft Letter Read. A letter from President Taft™was read by Becretary of the Interior Richard A Ballinger, who had been delegated to repre- sent the administration. Miss Anna B. Eckstein of Boston announced * world petition to third Hague conference. Dr Benjamin E. Trueblood, ‘secretary of the American Peace soclety, told of the present position of the peace movement, and Dean W. P. Rogers of, the Cincinnat! Law school spoke of “The Dawn of Universal In his address of welcome Dr. sald n Peace. Hartlett “We welcome you to the serlous the congress. Large have been penditures, but we expect you to work of the ex- do your (Continued on Second Page.) When Pot Calls Kettle Black (World-Herald, LINCOLN, Neb., Feb. b, 19, Dahlman, Mayor; L. B. Johnson Members of the City Councll of To J. C. et al Omaha Gentlemen: We note, In the public press your letter to the Douglas county delegates in the legislature, though the letter itself has not reached us. We take it for granted that the press is correct, and we also that it was evidently given consumption Replying thereto for to impress out for home urselves, we desire upon d the public that 15 no legislation which we know of that “laoks toward eliminating from the Omaha charter the of Nebraska the right or authority of the eity regulate public service corporations impose such an ocecupation tax you a or laws council to " to upon | them as will in their judgment be just and equitable."” We also desire to say that though this power has been a part of the Omaha charter at all times since you were elecled to your present office, we know of no one of you taking any steps what: ever o enact any ordinance under this authority, at least not until very recently. We fully know why you are writing let. ters to us now, for there is an election to take place this spring; we understand this thoroughly. But why have you not ex- ercised this power before? Why bave you let this power In you as efficers lie dormant and unused for three years, and February [ | know 6, 1906.) during all fice? Why are you to declare this supposed, plated, action by us a against the city administration. this mest vital question” before you *‘for consideration, investigation and action? tigated and acted thres years you have been in office? Evidently you did not want to do so, but now when an election Is nearly at hand you put In the pu for home consumption, your letter wherein you state you consider such power of vita interest to your admialstration. You not fear it will be taken away from you ‘What the public needs to understand is that you have not used this power, and what they need to f ot in earnest now since you Lave had the power for three years and have not shown any desire whatever to use it. If you had spent your time In endeavoring to act under this most vital power, instead of spending your time in trying to prevent the present democratic delegation of Doug las county from redceming Its promise to give home rule to the city of Omaha, you might have accomplished something along the line that you claim now you intend to accomplish. Yours truly, F. T. RANBOM, F E HOWELL, & M. TANNER the time you have been exercised but not contem- detrimental action in of- 50 now as who have necd take | Fred | r is that you are | —_— WEATHER FORECAST Nebraska Towa—Fair. r weather report ses page 2, For For Falr and warmer WO CENTS. COMMODITIES CLAUSE VALID Supreme Court Hands Down Long Ex. pected Decision on This Section of Hepburn Act, FOR BOTH Law is Upheld, but Government Con. strued it Too Broadly. VICTORY SIDES ROADS MAY NOT OWN FREIGH1 But They May Hold Stocks in Com. panies that Produce It. CONGRESS WITHIN ITS POWERS Decinion Holds that It May Go ther and Prohibit Carrlers from Owning tocks Corporations. WASHINGTON, May many a isnce a of the su preme court of the United Stutes has beer recelved wtih so much Interest as was man ifested today in the decision of that cour in what aro known the “commoditiet clause” cases affecting the anthracite coa carrying railroads. These cases had beer decided by the United States circuit cour for the eastern district of Pennsylvanhi favorably to the rallroads fn that thy clause of the Hepbrun rate law, which pro hibits interstate rallroads q commoditles manufactured, mined or pro duced directly or indirectly by the road; was declared unconstitutional and the gen eral impression had been that that decl would be affirmed by the suprem When, therefore, there was a re Instead of an affirmation, the in was much manifested. Whon agalt it was found that the reversal was base¢ on technical grounds and that the effec was really favorable to the rallronds, sen timent took another turn and those whe had anxiously awaited the announcemen of the result found. t Ives much pus zled White | The eouri's | Justico White | clavorately give out | sl 31t dectston has beey trom carry slon court versal terest — Announces judgment was announced by who while he printed opinion, declined anything e (han a summary owing the net result of the court's find ing. There wus also surprise over the fuc | that there were no elaborate dissenting opinions indeed, only one dissenting opinion of any kind. Because of the court delay in announcing its conclusion it wai generally supposed that the court woul be found to be much divided. The dissen was announced by Justice Harlan, who in a few words, stated that he did no follow the conclusion of the court en the {point that the law does not prohibit tiy rafiroad ownershin of stock In sommoditie: producing companies, Analyzed, Justice White's decision 1n il congress did not transcend its constitdtional authority in the enactment of the commod. itles provision, but on the other hand it way held that the government's construction o; ‘(hu provision had been entirel, hensive. Deciaton, read from ar t and, too compre. As construed by the court the soly he claus carrlery assoc with the time law only is to prevent { ng & in interest commodities trunsported at the transportation, hence that the | prohibits the transportation of article; when they have been produced by a rail, way company which has not in good faltt { parted with them, when (ne company owny 1ur controls, in whole or in part, the com | me ity to be transported and when thy |company has an iuterest direct or indivec| |In the commodity in a legal sense. It was especlally held. however, that the prohibl tlon not apply to the ownerahip of stock in a producing company, but that 4 | carrier may own stock in such a dompany {and at the same time transport the produci of that company Question of Constitatio Summed up, the act only compels com panies to ¢ ssoclate themselves from the products they and the contention of the government that the law applies to thy ownership of stock and prohibits the trans portation of simply becausy | they have been produced by a raliroad com pany, regardless of the fact that the com, pany has parted with them, s untenable and Incapable of enforcement. It thus ap: pears, first, that the commodities clause i a vital and operative statute with respecl! | to all products, such as which thy rallroad companies actually own at the time of and that the rall | roads must products to some. | body else before can lawfully ship | them; and, ses unless the act Iy | promptly amended as to include stock ownership, the railroads can escape the law entirely by conveying thelr ownership of coal properties Into stock ownership by the organization of subsidlary coal companles, does carry commodities coal transportation, sell such they that 50 ond, Government Upheld in Prineiple. The effect of the decision under existing conditions Is favorable to the rallroads and the government lost on practically alj points in the substantiation prin ciple involved. 1In holding that congress nad not gone beyond its authority in en, acting the law the court concedes the righl [to legisiate, and it Is belleved that if sa [disposed congress might enlarge and ex [tena the scope of tho provision. Hence, while lioads gain a practical vie tory the I8 not confronted by & constitutional bar from further aeting i [ the direction of contwol of the roads in the | matter of the shipment of thelr own com: | modities. | “rhe < lin the ol | except the ra overnment the ie their court m first appearance October 10 last. were argaed duripg the month |January and the decision has been anx {iously awaited ever since the latter date | The decision sustained the ot the law exempting timber from the opera |tions of the clause. This exemption was of attack by the railroads diseriminatory, but Justice to that view. As law did not apply to the trans timber, and it t decision supreme on 1 provision {used as a basi on the law as by portation the Reverses Lower fourt. announcement #asfo the commodl clause made In deciding the twelve injunction mandamus case: | brousnt by tne rnment against the | Delaware & Hua Erle, the New | ¢ Central Delaware & Lacka- wanna, the Pennsylavania the Lehigh Valley came to the court for the eastern whose declalon ':l The ties was & o, the the and ratir cases United States cireult court district of Pennaylvania, as announced by Judge George Gray in 1908 attracted much atten tion. They originated in the elrewit cour! and in its petition the government chargec from the