Omaha Daily Bee Newspaper, December 30, 1909, Page 1

4 ! a clean, rellable newspaper that is admitted to each and every home CONSERVATION | MESSAGE NEXT President Taft Says His Poliey is| Action Rather Than | Declarations. | REAL WORK IS OUTLINED| First Real Conservation Statutes Will | be Placed on Books. WILL NOT WAIT ON INQUIRY Ballinger-Penchot Contrvversy is Not Factor in the Problems. BILLS ARE NOW BEING DRAFTEL roposed Measures Will be Submitter to Both Houses Along With resldents Recommen tions. WASHINGTON, D Dee. 2.-Acts | rather than declarations.” | President Taft is reported in this terse way to have described recently to @ caller his program for the conservation of nat- ural es. The president, it is said hay o clared that when the present s of congress ends he will be able to point to the first practical conservation statutes ever placed upon the law books of the na- tion as his answer to the criticism which has been dirccted toward the White House. Without waitiug for the Ballinger-Pin- chot investigation, bir, Taft & 1l be- gin the preparation of his promised special message on conservation and he has re ceived assurances from both houses of congress that while some trouble may be expected In th ch, the leglsla- tion which the «xecutive will suggest will be made Int the spring ad- Journment. The presld the positien @ Ballinger-Pinc . cloput ing @ he resou «d as, taking nothing In the that has a bear- program and | gardless of it . i of Proposed Laws, we preparation of his special president will have the co-opera- { Secretary Ballinger and Scnator i of Minnesote, chairman of the .« committee on public lands. It 1s| i 1ied that In the constructive work of | necded legislation the president has had to depend almost wholly upon Mr. Bal- lmger, who has been at work for several months on the draft of proposed statutes that will meet the intricacies of the wvexed problem of practical conservation and embody the president's views on this | important subject. These proposed new Jaws are ready to be submitted to the committees of the sor @’ and house along with the special messee, the preparation of which the president will begin as soon 88 e gels the message .on.the interstate and anti-(rust latws oUt of the way. Sowe Hostility in House. In ghe hvuse Loerg is likely to be some | oppdfition, but the ‘president feels sure it can be overcome and that the laws will stand approved blfore the summer comes. | White Mouse callers who have talked | with Prestdent Taft on the subject de- | scribed him as belleving that he will best prove his friendship for the ‘“Roosevelt policles” of conservation by putting laws | on the statute books that will actually carry these policies into effect. The real problem to be solved Is how | best to dispose of the public lands con- taining water-power sites, coal and phos- phates. Such lands have been withdrawn from entry under the general land laws, but they canmot be held Indefinitely and there Is no specitic law governing their sale or lease, 1t is generally admitted that the forces must be developed, that the coal and phos- phates must be taken out by privaie capi- tal, and yet there must at the same time be safeguards against monopoly., These are the intricactes with which con- | sress will have to deal Would Strengthen Federal License. The announeement made yesterday ‘that President Taft had detgrmined to go ahead with his executive program and send in a message dealing with the Sherman anti- trust act, brought an unusually large number of congressional callers to the White House today. Among these was| Repres@tut Martin of Bouth Dakota, | himself iic author of bills desig- | nated 1o bring covporations under federal | control. Mr, Maitin urged smatendations procecd severa the president to maie | stronger as to federal | 0 U8 Lo provide that any corpora- ki of the liconss " prohibited from do- slr. Mariin said voluntary ldea re lieense ton witi ing an lnie, he ferred under the geod “irusts’ would take out Leenses | wEile the bad “trusts” would continue to o business under state authorizations. Dwight Promises Su Representative Dwight ot republican “whip” of the house, with the president for some time about sulp subsidy leglslation. On leaving he asscried thgt the president's recom- | mendation would be ehacted into law by | congress and that the house would act| soon afier assembling. The bill of Repre- | sentative Humphrey of Washington Is the that has been ugreed upon by the president und the republican leaders. Representative Dwight declared that | democ: 0pposition to the ship subsidy | bl not retard the passage the | measure (o any degree, not dvantage ness. that h talked today one ot ,CELEBKATE CENTENARY UF GLADSTONE'S BIRTH ten from Many States urops Join in Serviece at Westmiunster, ONDON, Deg. =).—The centenary of the birth of Wiillam Ewart Gladstone was commemornted today, not only in the land of his birth, but In countries like Greece, the Balkans and Armenia, whose peoples (’ | eherish the memory of the statesman's xertions In their behalf Many forelgn delesntes, representative of Finland, Russ! Holland, Bulgaria, Greece, Servia, Armenia and other states joined In services which were held at Westminster. At Hawarden, where Mr. Gladstone died on | May 10, 1488, and at other points throughout the country largely attended meetings were neld The statue of Gladstone In The Strand was fairly hidden beneata floral offerings that hed come from all parts of the world, while his tomb in Westminster Abbey was covered with tributes including a large salld silver wreath received from the gov- ernment of Bulgaria, > Doles in | Do Kills Waitress | posed letters in the man's coat pocket ad- | .ana Irrigationists Lay Plans to Get Appropriation | Western Congressmen Meet and Name Committee to Draft Bill for Ten Millions Yearly. (From a Staff Correspondent.) WASHINGTON, Dec. 29.—(Special Tele- gram.)—Representative Mondell, chalrman of the committee public lands, this afternoon assembled in hig committee room a numb gatiol s frri- twenty of representatives to discu affairs, There were nearly representatives from so-called irrigation states, among them Representatives Kinkald Burke of South ta. being of Nebraska and no concerted action was taken a tee was appointed to be added to at | ng tomorrow looking to drafting a ch will provide an annual appro- outright or through bond issue of to carry to completion various orojects which have already been rlers have been appointed as yncord ;T route 3, route 1, Elmer L. M. Carroll, Genjamine E. Nelson, Harry B Wil- substitute. H. Moller, substitute; Rynearson, car- fer; Clinton Madison, route 3 rier; stitute To ambridge, no sub route 2, Willlam Kirk, carrier; Clinton Kirk, substitute. George G. Kusler has been appointed postmaster at Artas, Campbell county, S D, vice A. A. Ludwig resigned. Bids were opened today at the Tréasury department for the construction of an ex- tension to the public building at Beatrice. The bidders were W: G. Campbell, Lincoln, | Neb., $46,470; Hazellon & Walin, Chicago, | $47,000; P. M. Hennessey, St. Paul, Miny $47,035; General Construction company, Mil- waukee, $19,600; Northern Construction company, Milwaukee, $50,340; Northwesiern Construction company, Wauketon, N. D., $63,000; J. H. Weise, South Omaha, $54,872. John B. Southall of Manchester, Ia., has been appointed fish culturist at Fal Point, Ta. Elmer V. Greggs of Ames, Ia., has been appointed steam engincer In the Interior department. Miss Helen B. Robertson of Independence, Ia, and J. J. Dickson of Abs 8. D, have been appointed forest service at Missoula, Mont Henry C. Haynes of Iowa, inspector, has resigned. R. een clerks In the a postoffice in Dining Reom Indiana Man Then Commits Suicide with Same Gun—Love Af- fair Cause. PERU, Ind, Dec. 20.—A man that had registered at a hotel as L. B, Lenhart of Chtcago shot and “killed' Dora Chappell and ‘then killed himself in the dining room of the hotel soon after noon today. The woman, who was a waltress, bent | aay. | preme court OMAHA, THURSDAY MORNING, DECEMBER 30, 1909 MORSE IS DENIED ANOTHER TRIAL Only Technical Legal Shadow Stands Between Ice King and Federal Prison, LAWYER AKS WRIT OR ERROR There seems Little Probabilty That This Will be Granted. JUDGES HOGH REVIEWS CASE Says Affidavits Submitted Do Not Justify Another Trial. CHARGES AGAINST JURORS FAIL Allegation That They Were Drunk During Progress of Trial in Not pned—Judgment Af- by AN usta firme Court. Dec. 20.—Only a technical stands between Charles and one time ice king, ntence in the federal Hough 1n the NEW YORK, legal shadow now W. Morse, banker and a fifteen-year s prison at Atlanta. Judge United States ult court today denled his motion for a new trial, but Martin W Littleton, his counsel, announced that one more stand would be taken. Tomorrow he will move in the clrcult court for a writ of error on Judge flough's decision of to- If thig is denied Morse will begin T New Year serving his ence for viola fon of the national ban laws, the su of the United aving susly refused to interfere In the ease Mr. LitUeton's recont application for a new trial for Morse was made on the ground that the Jjury was improperly guarded and that some of the jurors drank to excess during the trial. With respect to this charge the court holds that the fact that the jurymen were In the custody secret service men Insfead of regular dep- uty marshals was well known to both counsel and jurors when the trial began. The court also notes that mofe than a year has elapsed since Morse was eon- victed and sentenced, and that the julg- ment had been affirmed by the Uniel States circult court of appals and a writ of certiorarl had been denled by the United States supreme court. Ing Btates prev Judge Hough's Memorandum. “So far as the record of these affidavils show,” says Judge Hough's memorandum, “theye was nothing concealed or furtive about the appointment of these men it has not been urged that merely becausc they were not regularly on the marshal's staff they were ineligible for selection.” As to the drinking charges, Judge Hough says that “legislation must advance a good deal before a prisoner may clalm to be en- titled to a jury of teetotalers, in New York at all events.” Judge Hough points out thaf it was by dfrection of the court that the jurors be permitted to lead thelr “usual livew,” and that the affidavits submitted by Morse's | counsel showed merely that during the en- | tire trial only twenty bottles of liquor and some individual drinks had been consumed over Lenhart to take his order for din- ner. Lenhart put his arm around her and drew her close to him. Suddenly with his other hand he drew a revolver and shot the woman in the (breast. Lenkart then shot himself in the heart There were no other guests in the dining room, Lenhart registered at the hotel yester- day afternoon. To several persons he sald he was a deputy United States mar- | shal, making inquiry about a government matter, An examination after the shooting ex- | dressed to Roy Ind. Lenhart, or, about 23 years old. Dora Chappell was 18 years old and graduate of the Peru High school. INDIANAPOLIS, Dec. 2.—The man that shot Dora Chappell in the dining room of the Bears hotel at Peru, Ind., at noon today was Roy McKinney of this city. McKinney's father and mother said he the Chappell girl fell in love with each other when she was employed here. Her father separated them and McKinney, they said, declared he would kill her and himself. MUDGE MAY HEAD LEHIGH Rumor that President of Rock Island is Slated to Succeed Thomas. McKenney, Indianapoiis, perhaps, McKinney, was a NEW YORK, Dec. 20.—Wall street heard from raflroad sources today the report that | E. B. Thomas, the veteran president of the Lehigh Valley Raflrond company placed his resignation in the hands of | the board of directors and that H u.| Mudge, head of the Rock Island system, ‘was belhg considered as his successor. The Moore-Reld interests, controlling the Rock Island, recently acquired a amount of stock In the Lehigh Valley. report of Mr. Thomas' retirement is contirmed. haa | large The not | | permitted | ceny { Clara by the jury. “And it is not pretended that any one was at all intoxicated,” adds the court. “All parties agreed,” the memorandum con- tinues, “'tha no liquor was served to the jurors after the case had been given to them. “The same juror who deposed for the defendant as to the drinking habits of the jury,” says the court, “is by the de- fendant alleged to have been himsclf 8o sodden with drink as to be incapable of clear, cool and undisturbed jungment."” Newspaper Ac As to the charges hat to read newspa, accounts of the trial, was unts Unblased. the jurors were s with “hos- tile” Judge Hough sald: “This case was very dull; It tock a i.ng time to exhibit nccessary preliminar, facts; the newspaper accounts were incom- plete and Incorrect, but there is evi- dence that they were hostlie or biased, as even probably to affect the minds of men quite able to conserve their incompleteness and Incorrectness. Unless all reading of daily journals hy jurors is unlawtful, this point requires no further consideration.” Mrs. Morse, who has remaincd constantly loyal to her husband throughout for freedom, is greatly upset by the turn of affalrs today. If he must serve his sen tence, it 1s said that she probably company him south. Mr. Litdeton's tion for writ of, error on decislon, however, acts as a temporary stay of execution. no will ac- mo- Charge Against D., Dee. Them. (Special.)— Andrew Peterson, John Van Volce and Ole Nelson, all of this ncighborhood, are in the county jail charged with grand lar- for robbing the Crowe hotel of a woman's gold watch, a purse of $24 and a dlamond breast pin, the property of Miss Crowe, daughter of the proprietor Peterson confessed and has implicated the others. The watch was recovered Sore Mike Sees Ahead of Cir ¥ Throuble 11 Auto “What will happen when the mayor, the clty engineer and the councilmen all want to use that automobile at once?" Sore Mike asked the question of City Clerk Butler, who Is supposed to keep | official tab on the new automoblile the councll has decided to buy. “That lsn't worrying me,” replied But- ler. “What I'm guessing about is what Wil happen when election tine rolls around? Who is to have first call on the machine then? Anybody else can have It the rest of the year, so far as we demo- crats are concerned. Joy riding isn't our stunt, except possibly in Texas and Flor- ida; but with a campalgn on here in Omaha, 1 can'see possibllities in that auto.” City Englneer Cralg inalsts that the machine to be bought is Intended strictly for business. Among councilmen, however, there Is a tacit understanding that Mayor Dahlman and the councll committees are to have aceess to the new machine as the need arises. It 5. understood that Hummel, Bur- metster and Schroeder will make requisi- tlon for it during the Saengerfest next summer. Many prominent Wacht am Rhiners will be here at that time, and if | the German members of the counell don't | help to entertaln they will lose a chunce to make good medicine. There slons, too, whea noted Irishmen and mu- sical Bohemians will come to town. Then McGovern and Berka will be semi-officlal hosts and If the city machine is not at call things will be said in Gaelic and in the language of classic “Prahue” that will be interesting it properly interpreted, Lee Bridges, democratic leader of city council, is a very active person at election time, and is understood to be something of a “shawfer,” as an engine iy part of his contracting outfit. He can, on occasion, start avything that happens to need a little gingering up. However, the council is divided exactly, six and six, beiween the parties. Hence it becomes a question of very vital mo- ment who Is to be named for city “shawfer,"” The council will have the naming of this employe finally, even If the mayor insists on sending in @ name, and a very preity fight is expected when the time comes to make the appointment, There are already several prospective applicancs, with Joe Butler having possibly a slight advantage, He has handled teams, tamillar combustible flulds througn his study gas, and has halr to speak of might get tan are occa s ot no that of | and | his fight | Judge Hough's | the | with | °d in the machinery while | | repairs were being made, \\_\\\\\\\ AN - | “Lady, you've dropped your handkerchief.” | From the Cleveland Plaln Dealer. | Lowest Temperature of the Season | Hits Omaha Hard Rap. OTHER POINTS MUCH COLDER Should Jaunty Little “1910” Give n Look-In Right New le Wounld Find More Clothing Very Comfortable. Nine degrees below zero at ¥ a. m. wa ! the authentic report of the fresty record for Wednesday. ‘And for persons going nbrth a few degrees should be added on account of the cutting character of the | wind from that point of the compass. While | there was gradual improvement, the | mereury continued hours after beiow zero. Tempersiures were nearly stationary last | night, remaining at zero trom 6 o'clock to. 7 and then gradually rising. As the ordinary citizen shoveled his summer savings into the furnace, his only {reliet was to call back the memories of | eliding au naturel down a mud bank where the sun scorched his spine. Mayor Dahlman admitted the weather is cold enough for him, and there are peo- ple who assert he's the warmest broncho in the corral. Mayor the Furnace Bosa “I hated to get up morning,” he said, with a shiver, “because in my house the long established rule is that papa | cates for the heating plant when he's oa the premises. 1 do not recall the exact ! date, but am sure that some time away | back I ftelt it just as cold as this out on | the plains. We thought the sun was froze | one day, ana 1t we could get a glimpse ot him today he would undoubtedly have the e | appearance of a chunk of steel blue ice in | |a No | *“They today, [ *The th pole snow hank." can kick all they're a mind to, sald Health Commissioner Connell, wuarmer they make it for us a day of this kind the better we'll like it | Even warm garbage might gain some | popuiarity 1f it would show up just now. But what's the use? Things always go by contraries, and when we try the hardest { to be coof Is when we are the warmest.” Coal men and ice makers are drawing considerable consolation from the frosty lether, and their solidity with the banks is | growing in exact ratio with the fall of yuicksliver, on IS NIPPED BY COLD Twenty Below at Huron and Zero at Kansas City. KAD AS CITY, Dec. 29.—Bitter cold ’\\vun\fll' prevailed in the Mississippl valley | today, the temperature ranging from zero | at Kansas City to 20 degrees below at | Huron, 8. D. | At Norfolk, Neb,, 1t was 18 below zero. | Sioux City, la., reported 16 below, while | at Des Moines it was 12 below. Central and northern Missourl experi- enced the lowest temperature of the sea- | gon, with 7 degrees below zero recorded at | St Joseph and 6 below at Sedalia. | At Topeka, Kan., the mercury stood at |1 below zero. The coldest December 29 on at that point. At ocentral Kansas, however, the weathcr the temperature ranging from § Concordia to 18 above at Dodge }nun-\\ BST | i record western was mild, | ebove at City. | Okiahoma @ia not share in the cold snap. Coldest Weather of Winter. | LOUISVILLE, Ky., Dce. sunny | south from the Ohio river to northern | Georgia and Alabama today experienced | the coldest weather of the winter. Louls- ville, with a temperature of 6 above, was the coldest city, with Nashville a close | second at 5. Chattanoogs reported 16 de- grees, Memphis 18 and Atlanta 2. Freezing weather-1s reported as far south as central Alabama and Georgla, with practically the cntire country covered with snow of vary- ing depths. The condition os the Ohio river is becom- % worss daily and river men i le. There is not much ice in the Louls- ville harbor at present, but this is at tributed to & big gorge which Is holding it above. The river is frozen from Pittsburg to Cairo and with navigation entirely sus- pended a shortage of coal s anticipated within a week unless the weather mod- | erates. 29.~Tne are pessi- Coldest Spot is Winnipeg. ST. PAUL, Dec. 2.—Extremely low tem- peratures prevailed today in Minnesota, | North and South Dakota and portions of | Manitobs, according to the local Unitéd States weather bureau, but reports re- celved from Montana, Saskatchewan and Alberta indicate warmer tlemperatures to follow 1t 15 degrees below zero in St. Paul, | officially, while street thermometers reg- | istered as low as 20 Relow. Duluth re- ported 16 degrees below. The coldest spot was Winnipeg, where it w 2 below, Carl Zerralin D MILTON, Mass., Dec. 2.—Carl Zerrahn, one of the most noted musical conductors {in this country and for more than forty years leader of the iHandel and Haydn | kociety of Boston, died today, aged £ * year : NINE BELOW COLDEST HERE| and | Offer by Roads is Withdrawn at Noon Wednesday Strikers Make No Move, Awaiting Conference in Washington— Ticklish Situation in East. ST. PAUL, Minn, Dez. 29.—At noon to- day the offer of the northwestern rallways to ablde by the Chicago wage conference Jand to re-employ the striking switchmen as fast as places could be found for them was withdrawn as indicated in the final proposal made in thelr statement to Gov- ernor Kberhart Monday. Third Vice Pres- ident Siade of the Northern Paclfic'said: “That statement means Jjust what it said. We have not changed our minds.” The strikers now are awaiting the result of the conference to be held in Washington on Friday between President Perham of the railway telegraphers' union and the members of the Interstate Telegraphers' union and the members of the Interstale Commerce commission. NEW YORK, Dec. 20.—Possibility of trouble in the adjustment of the rallroad question on eastern roads loomed up today with positive statements by officers of the employes’ association that they would de- mand restitution of the wage schedules in effect before the commerclal depression of two years ago. Eastern schedules must be placed on a level with those in the west, ihe leaders declare. While it has been intimated that con- cessions might be made by tne rallroads, the genmeral impression today seemed to be, that in view of the firm stand of the men, such concessions as the roads would be willing to make would not satisfy the employes. Put Savages on Reservation Governor of Moro Province Advo- cates Separation of Southern from Northern Philippines. WASHINGTON, Dec. 2.—Because 3 per cent of the inhabitants of the touthern group of the Philippine Islands are barbaric tribes of Moros, pagans or non-Christians, savage In their Instincts, fighting for gain or revenge with a fanatical disregard for death and are many years behind the peo- ple of the northern Philippines in intelli- gence and general civilization, Colonel Ralph W. Hoyt, Twenty-fifth Uniied States Infantry, the governor of the Moro province, recommends that these be constituted as a separate government and the natives relegated. He advocates placing the southern islands of Mindanao, Sulu, Palawan and smaller adjacent islands Into one division to be called the Mindanao plantations. Colonel braced in a report which he has made to the War department. Colonel Hoyt recommends a government for these islands similar to tne ona now maintained In Moro and . the occupation | and use of them by the United States eoaling stations and a naval base. By placing the natives on reservations, he says, a great part of the islands might be set aside for cultivation and made very productive under proper administration. 1slands | Hoyt's recommendations are em-! BLUE RIBBONS _FLUTTERING Keen Race for Prizes at Both Poultry and Dog Shows. CAPT. WHITESTONE PROUD CANINE Beautiful Setter Keeps Up Pace Pointers’ Class—Om Win Pri Fanicers in Poultry Exhibit. Captaln Whitestone, the beautiful setter owned by W. A. Pixley, swept the boards at the dog show of the Nebraska Kennel club in the pointers’ class. This dog has won many times in fleld trials and has also | made good on the bench. He had some strong competitors, but managed to carry | off honors In all the classes in which he was entered. The captain is a proud member of the canine fraternity and has the best decorated bench at the show. The judges are working fast in the poultry branch of the show and many awards have been made. The birds seem to bear thelr honors well and those with the blue ribbons swell with pride as the merry throhg passes in review. The vicious Jap dog has been placed in a woven wire cage so he may not be able to.harm passersby. He is as feroclous as he looks and growls and snarls and bites | at the wire, trying to force his way out to make a light meal of some dainty mor- sel of humanity. He is, in truth, a man eater. O ha Fanciers Capture Prizes Omaha owners are doing fairly well capturing joultry prizes, ajthough competition from abroad is pretty stiff. Omaha people have learned that they have to have a pretty good bird in order to carry home the bacon. dven the Mandy Lee farm, with 3,000 beautiful white Leg- in horns, was not able to win the first prize | took down | for cock, although the farm many other ribbons. Several birds that were given away freshly hatched Incubator chicks at as last year's show, are ready for the judges to | decide which is the best in order to take down the $25 cash prize. Chickens are being hatched this year In the incubators and are glven away. These birds may be brought back to the show next year and If they win will be glven a 325 prize and if | they take first prize the Mandy Lee farm has out a standing offer for the bird. Competition 1s keen for prizes offered, both by the Transmississippi Peoultry as- soclation and the Nebraska Kennel club, for, after all, while the owners like to have their pets placed before the admiring spectators at the Auditorfum show, they really prize the ribbons and cups much more. The prize list in both departments is large and the prizes are valuable and well worth the efforts of the owner Exhibitors at the show are of two classes, the raiser, who is breeding fancy poultry for profit, and the owner, who grows high grade stock because he loves the birds. The same thing applies to the dogs, though (e professional breeders are sreatly less proportion. Several hign class dogs have arrived at the show a little late because of the delay In trains. There are now nearly 250 dogs at the show and there are surely some beauties. Some of the larger classes of dogs had been Jjudged earller and the others were judged last evening, when " (Continued on Second Page.) Trust on NEW YORK, so-called Dec. 20.—The Investigation the milk trust by Special Deputy Attorney General Coleman given added impetus today by & discovery made by Marvyn Scudder, the accountant employed by the state to go the books of the larger milk companies In the city. Counsel for the Borden Condensed Milk company, controlling 23 per cent of the fluid milk traded in this city, and the |Sheffield Farms-Slawson-Decker company | were engaged today preparing to meet the lanalysis of Mr, Scudder, who placed his findings before Referee Brown yesterday. Mr. Scudder sald the books of the Borden company showed that more than $15,000,00 of the $20,00,000 capital stock represented “trade marks, good will," which the accountant said nothing tangible in the way of assets. On the company's capitalization & dividend of |6 per cent was pald on the preferred and |10 per cent paid on the common stock. Mr. Scudder sald the books showed a | surplus of 35,824,290 made In ten years and | Spectal Deputy Attorney General Coleman |18 preparing to ask the company that if such profits are possible with milk at 8 cents & quart, what justification was there In raising the price o 9 cents & quart. into was over represented | Enormous Profit of Milk Watered Stock Mr. Scudder further showed that of the Sheffield Farms company's capltalization of $600,000 more than $300,000 was for “good will, efe.” The Sheffield company pald 16 per cent dividend last year and to date this year 22 per cent on Its stock and Its surplus was $962,672, nearly double the capi- tal stock. Enormous profits were shown been made by the Alexander Milk company at § cents a quart. The Campbell company supplies more than 1,000,000 bottles of milk every month to Brooklyn familles @nd Mr. Bcudder showed that the net profits of the com- pany for the six months ending last June were $49,8%0, or at the rate of 26 per cent on the company's capital. With the purpose of refuting the asser- tion that the companies lost money sell- ing milk at 8 cents a quart, Mr. Scudder submitted figures from the books of (he Borden company showing that during the nine months of this year ending Septem- ber %0 last the company made a clear profit on fluld milk and cream In New York and Chicago of $.,076772. This sum ex- ceeds by $323,047 the net profits In the same branch of the business In the correspond- ing month of 1908, Mr, Scudder showed that the net profits of the Bheffield company were greatly in excess In 1909 over 1908, to have Campbell the | medals and | WEATHER FORECAST For Nebraska For lowa- I" For weathe 'artly cloudy; eold. air} cold port see page 3 TATE LAWYER WANT REFORMS Bar Association Adopts Committee's Advice, Choose Officers and Then Hold Feast. CRIMINAL CASES ARE NAILED Plan Provides that District Attorneys Handle the Prosecutions, STATUTE LIMIT FOR APPEALS This Recommendation Aims at Civil Cases in Certain Amounts. OFFICERS CHOSEN FOR THE YEAR Omaha Man to Serve as Secretary- Treasurer—Judge Letton, In Ad- dress, Favors Jury System— Lawyer Dunn Absent. OFFICERS OF STATE BAR. Prosident—Charl @ Ryan, Grand o, Bllick, Member Bxocutive Committes—, ‘Woods, Ginooln. The Nebraska State Bar association found itself in a more reformatory mood yesterday than Wednesday and adopted all the recommendations of the committee’on | procedure. Also the code of ethics sanc- tioned by the American Bar assoclation went through after two changes had been made. | The action adopting the procedure com- mitteo's suggestions is n considerable con- trast with the knocking in the head the reforms advocated the day before by the committee on legislation received. More- over, the state bar association applauded heartlly all the suggestions made by Judge Letton of the supreme court and Judge Letton was for reforming proced- ure, too, thoygh he put his plans in more honeyed language than did C. C. Flans- burg and his associates on the committee |on legislation. Judge Good's committee | recommendations, the two important ones being that, Instead of county attorneys conducting eriminal prosecutions of im- portance, district attorneys handle the acses and the county attorneys be confined principally to protecting the counties In clvil cases. The recommendation carries with it a plan for the districting of the state, and would be of most importance outside Douglas and Lancaster counties, where the district would be the same as the county. The other recommendation is that “ap- peals be limited by statute.” This means a recommendation that appeals in civil cases be limited to those above & certain | sum, and that appeals for trivial amounis be not permitted. - Another recommendatiof by this commit- tee has to do With flling appeals within thirty days and making transcripts file- able in the supreme court within six month, There was o lively fight over the reso- lution about district attorneys and the plan carried by a two to one viva voce vot The meeting then took up the question of the canons of thics and at once voted down section thirteen, which provides that the courts may fix contingent fees. Tho lawyers of Nebraska do mnot want the courts to do anything of the sort and this section was voted out and down in & hurry. Words Cause Little Ti There was a little brush over certain words in section fifteen and the dlspleas ing line was cradicated. Thix liné foruids attorneys to tell juries that it s their own personal conviction that the cause they are representing s a just one. ‘A fight was made on section twenty-elght, Which for- bids attorneys stipring up businoss. This section is aimed at “ambulance chasers and attorneys who employ agents and pa. commissions for cases brought to them J. L. Kaley rose and asserted “a lawyer has as good a right to go to a man in- Jured by a street car or In a packing house as has the claim agent who is there to wheedle the victim Into signing away his rights. Such a vietim ought to be told that he has rights to preserve. J. H. Macomber and others argued for the section and it was adopted. Following the dlscussion of the code of ethics the assoclation heard & paper on “A Citizen of the United Siates,” by C. 8 Elgutter of Omaha. Tho Gurfield paper did not arrive. The assoclation elected officers for 1910 with unanimity and then | adjourned. The 1909 meeting has been well attended and Is deemed Lighly successful Judge Letton's addiess was made &t the morning He had read reports of | what the assoclation had done to the ree- | ommendations ot the committes on legisia- tion and sald he “felt like a reeruit arriv- Ing on the field of buttle as the smoke of contlict s lifting and while the wounded and dead are belng carried away. But he offered no plan of hafr-raising, radical changes. Defe Judge Letton and sald: “I'd rather have a verdict on twelve falrly intelligent jurors twolve learned Judges.” | The speaker urged that some coneern be manifested for the comfort of jurymen when the case has gone to them, “and that sanltary quarters be pro- vided of the usual ill-vgntilatsd rooms shed with only cheap and un- chairs. made several session. s Jury System. defended the jury system myself by | than by clean and insten furs comfortab) Judge L | that steeptr vided for | right on ton s firmly of g quarters ought juries who may be kept over case. The question of jury arawing was alsc disoussed at some lensth, Among Julge Letton's auditors asgoclates upon t} of the justices b fore the the op'nion to be pro- were his upreme beneh and ull veritable 1evee ing cossion began | lawyers shoak hands with these with that fervor born only combination of 0ld friendship and a des |to stand well with those who will later !pass upon cases appealed from 1o | courts. 1t noticed, while there w many Omaha attorncys jolning In levee, that 1. J. Dunn was not of the ber., Mcre judizcs of a mor o nna Stock High, Dee. 2),~The directors ot the Delaware, Lackawanna & Western oul company todey declared an initiul quarterly dividend of 2% per cent, A quo- tation was obtained on Luckawanna coal stock through an auction sale today and the stock was found to bring more thah four times its par value. Five shares of the stock, with a par value of §0, wi oy 0, were sold NEW YORK