Omaha Daily Bee Newspaper, January 4, 1910, Page 1

v THE OMAHA BEE goes to the homes—is read by the women——sells goods for advertisers. VOL. XXXIX-NO. 150. OMAHA, TUESDAY HE OMAHA DAILY BEE WEATHER FORECAST. For Nebraska Snow For lowa— Partly cloudy For weather report see page 2 MORNIX G, JANUARY ¢4, SIX MAGNATES AT WHITE HOUSE President Hears Protests from Heads of Railroads Against His Ideas on Commerce ¥ -ulations. i i "y STANDS BY b. %_ 4, CIPLES 7, - — " Only Minor Changes Wh. Beveral Sections. CONFERENCE LASTS TWO Hu Objection is Made to Any Regulation at This Time, PRESIDENT CHANGES PLAN Message Will bhe Divided Into Two arts, Anti-Trust Section Goes to Congress Thursday and Rail- rond Section Friday. < SHINGTON, Jan. 3—Following a foroncon conference with presidents of #ix of the great rallrond systems of the country, President Taft late this afternoon announced a change of program in the sending of his message dealing with inter- (nna commerce and anti-trust law amend- ments (o CONgress. The message will be split into two parts. The section dealing with the trusts will be sent to eongress at noon Thursday. The section dealing with the Interstate com- merce 1gw, In which the railroads are di- rectly Interested, will be deferred until Fri- day noon. The president's special message on the conservation of natural resources is expected to be ready for congress next Monday. A short time after the rallroad presidents had left the White Houre It was announced that the president still hoped to have his message ready for congress on Wednesday. It had been his original intention to treat together the two subjects of Interstate com- merce and antl-trust amendments. It was sald late (his afternoon that the message would probably recelve greater attention if divided into two parts, neither of more than 4,000 words. Will Make Few Chan As o resuft of the call of the raliroad presidents, It was sald that only a few verbal changes would be made In the draft of the message dealing with the Interstate commerce law, 'and that these would be only to the end of clarifying the meaning of the recommendations. s President Taft found the railroad men most considerate In presenting thelr views. While deprecating the idea of any legisla- tion at all at this time when they de- clared conditions in the fallroad and in- dustrial worlds are righting themselves after two years of more or less depression, they Qid not seek to deter the president from sending in his message. They de- voted themselves to more ‘or less specific objections to-the Wl prepared by Attorney General Wickersham which forms the text of the message. The president, it is de- clared, wiil not attempt to force the Wick- ersham or any other bill upon congres.. He wjil kay In his message that such a bill has been drafted and has been placed al the disposal of the appropriate com- mittees 9f the senate and house. The rall- road presidents thembelves admitted that their objections to the, proposed amend- ments to e fnterstate commerce act were general In thelr application to all of the amendments: Morgan Arranges Interview. The presiden:, however, has made his position clear to J. P. Morgan, in a_brief interview before breakfast last Friday morning. Mr. Morgan in turn arranged for today's conference and advised the rail- road men to confine themselves to sugges- tions of amendments rather than an attempt to Influence the president as to his general course. Mr. Taft has let it be known he will not only' make recommendations for changes in the law, but he expects con- gress to adopt the suggestions at this ses- sion and thus earry out the promises of the republican party as written in the Chicago platform. Those who attended the conference to- day were Presidents McCrea of the Penn- sylvania, Vovett of the Unlon Pacific and other Harriman lines, Brown of the New York_Gentral, Mcllen of the New York, Néw Faven & Hartford, Baer of the Phil- “adelphla & Reading and Finley of the Southern. The rallroad prosidents brought Lewis ass Ledyard of New York with them goneral counsel. Attorney General Wiakersham represented the legal depart- ment of the government. Holding of Other Stocks. One of the changes which President Taft \greed to make In his recommendations has to do With the language of the pro- posed amendment prohibiting a raliroad from acquiring stock in any raliroad in the future or from holding stock in & competing rafiroad after a given date It was claimed that the wording of this proposed amendment was such that it might ba held to apply to lines like the' New York Central and the West Shore. The lat und for many years has been & New York Central line, serving viftually as an overflow trackage system on the westcrn ghore of the Hudson river. The law as President Taft will suggest it, will provide that wherever a railroad owns [ per cen or more of the stock of another it may acquire the remainder This, It i« sald, would afford a measure of proteciion to minority stockholders, for if the railroad owning the majority stogk should be prohibited from acquiring any more the minority stockholders would lose their only probable purchaser. Where a raliroad holds less than the majority of #tock in another line, however, it will be provided that it can acquire no more. Nothing in the inlerstate commerce amendments will be 50 drawn as to legal- ise in any way the holding of stock in a competing line where the holding of th stock coumes into violation of the anti trust Magnates Make Many Protests The rallroad presidents were listened (o attentively by the president for more than two hours. He had been informed In ad vence and taken for granted many of the objections that they would make and he practicully (nformed them that while theix views would be given every consideration in the final wording of the message he could not alter his basic recommendations The proposed interstate commerce court of five menibers to consider appeals from the Interstate Commerce commission, with an appext.only (o the supreme court of the United States, was particularly objected to by the rallroad representatives. They de- P Bt b b i Sl i Rentinusd on Second Page aw. Dispute Over “Empties” Gets Thrown Over Interstate Commerce Commission Dis- misses Complaint of Pabst and Schlitz Companies. (From a Staff Corr: WASIINGTON, Jan gram.)—The Interstate gion today dismissed the complaint of the Browing company and the Tloseph Schiitz Brewing company against the Chi cago, MilwAukee &St. Paul road, wherein complainants alleged excessive charges on shipments of “supply beer packages” from Omaha to Milwaukee The supreme court today dismissed for want of jurisdiction the case of the First Natlonal bank of Estherville, Ta., against the city council of Estherville, siting as a board of equalization and review. The case grew out of taxing certain sharcs of bank stock over and abcve what the bank held was their face value. Throughout the pondent.) .—(Special Tele- Commeree commis- abst litigation, the bank has universally got the worst of their contention and now the supreme court says it has no jurisdietion which was the judgment court of Towa. 8. W. Clark of Redfield, South Dako attorney general of the state, who has been here several days upon business be fore the Interfor department, was today admitted to practice before the United states supreme court Attorney General Clark and O. C. Dak ken, state superintendent of schools and public lands, have been In Washington several days in consultation with Secretary Ballinger and the commissioner general of the land office relative to land selections In forest reserves taken from the state of South Dakota. M Clark and Daklen left for home tonight experessing themselves well satis- fied with their conference with Secretary Ballinger and Commissioner Dennett garding thelr states claims. Mrs. Nellle Richardson of Lincoln and her daughter, Miss Florence Richardson of Des Moines, Ta., arrived in Washington to- day from Boston, where they have been spending the holiday season. Representative Latta and Mrs. Latta to- gether with thelr guests, Dan V. Stephens and Mr. P. Stephens of Fremont, who have been spending the Christmas hollday on the banal zone, have arrived in Washing- ton. Mr. and Mrs. Stephens after a briet rest in Washington will return to their Nebraska home, Postmasters appointed were: Nebraska— Clinton, Sheridan county, Harry L. Jacobs; vice A. A. Strong, resigned; Somcrford, of the supreme re- competing | ] Custer county, Margaret W. Plerce; viee J. Plerce, resigned. South Dakota—Snoma, Butte county, Hiram H. Hall; vice H. T. Summers, re- signed. Rural carrlers appointed: Nebraska— Lelgh, route 3, Gerhard Asche, carrier; no substitute. Towa—Deep River, route 3; 'Thomas L. Lemon, carrier; Willlam R Dooman, sub- stitute. Indianola, route 6 John R Barker, carrier; Earl R. Barker, substitute. Laurel, route 1, George W. Relfschucidor, carrier; no substitute. Route 2, Barl E: Buhrow, earrier; no‘ substitute. Ciyil service examination will be held January 29 for rural carriers at Berlin, Bloomfield, Dunbar and Scott's Bluffs, Neb. Asserts Dr. Cook Will Appear and Prove His Claim Brother of Explorer Says Detractors Will Have a Pretty Bill to Pay. NEW YORK, Jan. 3.—William L. Cook, brother of Dr. Frederick A. Cook, de- clared that Mrs. Cook had joined her hus- band and that he was in communication with them. Mrs. Cook is believed to have the explorer's original records of his North pole quest in her possession. “Dr. Cook has by no means abandoned his intention to prove conclusively, de- spite the verdict of the Capenhagen uni- versity, that he reached the North pole,” sald his brother, “and his detractors will have a pretty bill to pay. “The talk that Mrs, Cook is estranged from the doctor and that she contemplates & suit for separation with large alimony is unwarranted. Mrs. Cook Is standing by her husband and will continue to do so. Just now she is of immeasurable comfort to him and together they are planning and working for the future, “1 have positive Information that Cook and his wite will publicly appear to- gether and that then there will be a great change In feeling. It may be only a few weeks and it may.be months before they | appear publicly again. That all depends | on how long it requires Dr. Cook to fully | substantiate his claims.” | Mr. Cook declined to say whether Dr. | and Mrs. Cook were in this country or abroad. |COAL FAMINE AT S. U. I University Bee, Will Not Open Tuesday use of Fuel Shor e, TOWA CITY, Ia., Jan. .—~The Towa State | university will not reopen tomorrow on ac- |count of a shortage of coal. The entire supply, which is being used to heat the university hospital, will last only elghteen hours. Dr. | MORGAN, RYAN AND MORTON Financial Magnates Join Hands in Triple Combination of Trust Companies, HUNDRED AND FIFTY MILLIONS Guaranty, Fifth Avenue and Morton | Companies are Merged. |MORTON CHAIRMAN OF BOARD Alexander J. Hemphill Will Prob- ably be Chosen President. FIVE | CAPITAL MILLIONS plus Wil Consist of Like Amount and Large Stock and, © Divie dends Will be Paid to Stocke holders. NEW YORK, Jan. 3.—J. Pierpont Mor- gan, Thomas F. Ryan and Levl P. Morton linked hands in New York today In a Trust company merger which unites re- sources of $160,000,000. It is triple combina- tion, bringing the Guaranty Trust com- pany, the Morton Trust company and the Fifth ‘Avenue Trust company, all of this city, under one head, with the title of the Guaranty Trust company. The merger is, perhaps, the largest of its kind in the United States. Directors of all three companies met to- day and informally approved the terms of the merger, which will be put in more def- | inite form on Wednesday, when another directors’ meeting will be held and the pian ratitied by the stockholders, although a formal vote on the matter will not be taken until later. Levi P. Morton, who is president of the Morton Trust company and the Fith Ave- nue Trust company—both known as Mor- ton-Ryan concerns—has consented to act as chairman of the board of the merged com- panies, for which no president has as vet been selected. The name of Alexander J. Hemphill, vice president and acting presi- dent of the Guaranty Trust company, has been mentioned for the position, Lowever. Terms are mnot Disclosed. This new move in finance follows the re- cent absorption'of the Guaranty Trust company by the so-called Morgan interests, but upon just what terms the merger was made was not disclosed today. The Guar- anty Trust company was organized in 1591 and has total deposits of more than $85- 000,00. The Morton Trust company, which was formerly the banking house of Bliss, Morton & Co., was organized in 1899 Thomas F. Ryan is vice president. Its de- posits aggregate more than $45,000,000. Like the guaranty Trust company, its capital 1910—-TEN PAGES. Astronomy From the Cleveland Plain Dealer. Keeping Up His Studies JON D. JR., ON GRAND JURY Son of 0il Magnate at Head of White Slave Probe. JUDGE MAKES HIM FOREMAN Millionaire Offers Plea to Be BEx- cused, but Court Will Not Listen to It—Investigntion is Important. NEW YORK, Jan. &—John D. Rocke- feller, jr., was today sworn in as foreman of a grand. jury, the speclal mission of which will be an Investigation of the so- calied “white s'ave traffic.” When Judge O'Sullivan observed Mr. Rockefeller's name among those drawn for the speclal grand jury he immediately asked him to assume the foremanship. Mr. Rockefeller begged to be excused, pleading {ll hea'th and a stress of personal business matters. “We have a very‘important inquiry to pursue,” sald Judge O'Suliivan, “and I believe that you owe the community this duty.” Mr. Rockefeller withdrew his excuse and he was sworn is as foreman. and surplus are $2,000,000 each. The Fifth Avenue Trust company, founded ten years ago, ls one of the better known uptown financial institutions. With a capital and surplus of $1,000,060 each it has pald very lyrge Afvidends of ‘récent years. The capltal stock of the new com- pany will probably be fixed at $5,000,000, with perhaps a Ife amount for surplus. It is belleved that the merger will involve large stock and cash dividends ‘to the shareholders of the three companies. Offices in Financial District. The present headquarters of the Fifth Avenue Trust company will be retained as a branch of the combined companies, while larger offices will house the combined companies in the financial district. It was rumored that the Morgan interests had acquired the holdings of Thomas F. Ryan in the Morton Trust company, but no statement on this point was obtained, FOOTRACE SWINDLER IS FOUND GUILTY Ernest 8. Powers, Member of Mabray | Gang, Given Prison Sentence at Denve: DENVER, Colo., Jan. 3—Ernest L, Powers, the former Denver university student, who was found gullty recently of defrauding & Denver man out of $13,700 | through a “fake' foot race at Counell| Bluffs, Ta., was sentenced today to from | two to seven years in the penitentiary Judge Whitford scathingly rehuked the young man for what he had done to the disgrace of “his fine family, his prominen: ur;d respected father and his beautiful wife.” ROOSEVELT PARTY AT HOMIGA Colonel Kills Bull Elephant with | Tusks Welghing Hundred and Ten Pounds. HOMIGA, Uganda, Jan. 3.—The Amer- ican naturalist expedition arrived here to- day and reported all well. While in camp at Kisingo Colonel Roosevelt killed a bull elephant which had tusks welghing 110 pounds. The expedition will leave tomorrow for Butlab, twenty-seven miles distant. LITTLE GIRL PLAYS WITH GUN ter of " H. Rottinghounse, Semeca, Kan., is Instantly Killed, | ST. JOSEPH, Mo, Jan. 3.—A special to the News-Press savs that while playing with a loaded rifle,at Seneca, Kan., today the 5-year-old daughter of H. H. Rotting- house placed the muzzle in her mouth and her 3-yoar-old brother pulled the trigger. | The little girl was instantly killed, Fortunat Cepuder belleves in the Chris. tlan name given him in hope he would live up to it, by his parents in Austria, when he was christened. In pursuit of his parent's desire to have the fickle dame 1wt his beck and call Fortunat came to Ameriea, and here thought the best thing he could do to attain his object would be to become an American cltizen. S0 he took out first pepers. Then when the due time had elapsed, he made application to be ad- mitled to the full rights and privileges of a citizen of the United States, All this happened in Omaha, An opportunity to corral the nimble and clusulve doliar dawned on Fortunat's horl- Trying to Live Up to His Name, Which is Fortunat | | | %ot In the direction, where dawn s due to appear. So he moved to Des Moines. where he now lives. Hearing that there had arrived in Omaha Theodore F. Schmucker, chief naturiazia- tion examiner of the Department of Com- merce and Labor, Fortunat came to Omaha. It took Judge Day, Mr. Schmucker and Deputy Clerk Steere one full hour to ex- plain to the candidate that he cannot be |admitted to citizenship in Nebraska when |be s no longer a resident of the state It 1s greatly feared that Fortunat really does not understand it yet, and when he {does get admitted, one of his first acts will be to apyly to the courts for per- | mission to change his name | white He will meet with the special grand jury each week day during the month or until the body s ready to gake its report to the cowrt. “ Judge O'Sul'tvan in Mm address to the grand jury directed that the white slave traffic be thoroughly (nvestigated. “It Is not enough that we should await federal action or seek new legislation,” he sald. “The existing law is adequate to punish specific offenses. If you find that active agents.in the commission of any of these offenses have been acting under the direction of others or that others have directly or indirectly procured the com- mission of any offense, such persons are equally gullty as the active participants. And the fact that such other persons are not or were not at the time within the state of New York does not deprive you of Jurisdiction.” NEGROES TO BE NAMED T0 TAKE CENSUS OF RACE Both White and Colored Enumerators Will be Appointed in Parts of South. WASHINGTON, Jan. 3.—Predicting that the coming count will show approximately 10,000,000 negroes in the United -States, ai- | recting that negroes be selected to count their race In those enumeration districts Wwhere the blacks muster two-fifths or more of the population, and requiring both and megro enumerators in many southern districts to preclude negroes from enumerating whites, “‘Census Director Du- rand today issued general instructions to supervisors, egroes doubtless can obtain the infor- mation required from their own race more accurately than white enumerators,” says Mr. Durand. “I do not consider it desir- able, however, that In the south negroes should be authorized to enumerate white tamilies,” NEGRO CLAIMING CITIZENSHIP ORDERED BACK TO ENGLAND Convicted of Crime He is Held in South Africa eligible to Land. LONDON, Jan. 3.—A negro who claims American citizenship is an unwelcome guest of the Unfon Castle Steamship line at Southampton pending the outcome of diplomatic negotiations between the United States and Great Britain to determine his nationality. He was deported from South Africa after he had been convicted of a crime and served a sentence in a British prison. He was returned to New York, but was refused permission to land there as he was unable to satisfy the authorities of his American cltizenship. Hé was sent back to Southampton. Are the Christ- mas billscoming in? Would you like to know an easy way to pay them. Up in the attic are some things you don’t use. They are good, but no use to you. You may belleve you can't sell them, but you are wrong. Othev people do, and 8o can you. A little want ad. will do it. Write out the ad. Bring or telephone it to the Bee office. Telephone Douglas 23/ ‘Cold Wave on Way, Worst of Present Scason Forty-Four Degrees Below Up in Canada, Twenty-Two at Alliance. WASHINGTON, Jan. 83.-Out of the northwest is coming & second cold wave which weather bureau officials promise will spread during the next thirty-six hours over the entire country east of the Miesissippl, except eastern Florida. Appearing In the extreme northwest to- day the arctic-llke wave Is attended by the coldest weather of the season in that region. A temperature of 44 degrees below zero showed on the thermometers at Prince Al- bert, Saskatchewan, early today, and zero temperatures were reported from the north- ern plains states, the northern Rocky mountain reglon and the northern portion of the plateau reglon. ALLIANCE, Nebi,Jan. 3.—(Special Tele- gram.)—The thermometer dropped to 22 be- low zero here this morning, making it the coldest record of the season. Twenty-four below was reached at Edgemont and 36 be- low at Sheridan, Wyo. — “There are no ifidications for a radical change In the temperature here for a day " is the assertion of Weather Fore- caster Welsh. “We may have snow to- night.” Superintendent in Train Wreck Burlington Train No. 44 Goes in Ditch at Mullen, Neb., But no Lives are Lost. Burlington train No. 44, eastbound, was ditched by a broken rail at Mullen, Neb., at 1 o'clock yesterday morning and private car of Superintendent W. M. Weld- enhamer of Alllance, in which he was rid- ing with Mrs, Weldenhamer, was thrown fifty feet from the track. One othér “‘dead- head" car followed. No one was serfously hurt, but it was necessary to break into the car to extricate the Imprisoned official. The train arrived in Lincoln fourteen hours late. A wreck of the same train occurred In Montana Saturday night, when three women were killed at Oxford in a head-on collision with a freight train, Six-for-Quarter Ordinance Bad Supreme Court xnockll Out Measure Passed by Minneapolis City Council. WASHINGTON, Jan. 3—In an opinion by Justice Day the supreme court of the United States today held to be invalid the ordinance adopted by the city councll of the city of Minneapolis, Minn., in 1907, re- quiring the Minneapolls Street Railway company to sell six tickets for 2% cents The company fought the ordinance on the ground that it was a vielation of.th contract applied in its charter, which is sued in 1878 was to run for fifty years and which authorlzed a charge of § cents for each ride. The United States circuit court for the district of Minnesota declared against the ordinance and Justice Day's declsion sustained that finding. Twenty Thousand Miners Idle. LONDON, Jan. 3.—Twenty thousand miners are idle as a consequence of the dis- pute over the elght-hour act which becams effective January 1. The men at the few collieries which are still active have given notice that they will quit. | investigation of the the ° M'COIG KILLED FdR MONEY Murder of Falls City Man at Kansas City Result of Conspiracy. FOUR PERSONS UNDER ARREST Ward, Mower and William Nelson Charged with Murder—Alice Bar- ber and Bert Boyd Held on Suspicio; KANSAS CITY, Mo, Jan 3—Ward Mowur and IWlllam Nelson were arrested by the pollce of Kansas City, Kan., today charged with the murder of Nell McCol a restaurant keeper of Falls City. Neh McColg's body was found in a clump of bushes just across the Kansas state line on December 21. He had been shot, cut with| & knife or hatchet and then beaten and kicked to death. Robbery followed the murder. About $1,500 was taken. Mower's confession led to the arrest. He also named Mrs. Alice Barber, McColg's erstwhile sweetheart, of this citv, as a party to the crime. She and ‘Bert Boyd, & boarder at her home, arc held pending an confession. Nelson also boarded at Mrs. Barber's home. Mower, who Is a cook, also from Falls City, made a thrilling statement. He ac- quged Mrs. Barber of planning a robbery of MoColk, who 'Wwas her guest. Mrs. Bar- br wee: to ad:ninister. a drug to MeColy but this plan falled, Mower says, po he and two men, one of whom was Nelson, In- velghled McColg to the loncly spot, where ho met his death. Mower denfed he had a Fand in the actual killing. Nelson shot McColg and this so frightened Mower that he ran away from the scene of the murder, he says When he returncd to the Barber home and met his two ac- complices in the crime they denled they had got any money from McColg. A quar- rel followed and Mower went to his hore There he trled to dispose of some notes he had taken from McColg's grip while at the Barber home, and his arrest resulted. Mrs. Barber denounces Mower's story as false and Insists on her innocence. Cure for Cancer Found at Manila Medical Society Reports Discovery of a New Treatment by Vaccine. MANILA, Jan. 8.—A conditional and pre- liminary report of what is hoped will prove to be a successful treatment for cancer was presented by the Manila Medical soclety today. The treatment consists in making ) the patient immune from the further prog- ress of the disease by the use of vaccine prepared from his own cancer. A number of patlents who apparently had been cured were exhibited before the soclety by the originators of the method. TENNESSEE MAN KILLED IN DUEL WITH MOTHER-IN-LAW Sixty-Five-Year-0ld . Woman Out Hest in Fight with Revolvers. Comen DRESDEN, Tenn., Jan. 8.—Clarence Car- ney faced his 66-year-old mother-in-law in a revolver duel last night and was killed. The mother-in-law, Mrs. Sarah Griffith, had met Carney in the front yard of a neighbor to discuss & quarrel of long stand- ing. The discussion became heated, re volvers flashed' and Carney fired three times at the aged woman. Although one bullet struck her in the hip, producing a serfous wound, she stood her ground, firing tive times before her son- in-law sank dead to the ground. Mrs, Grif- fith was arrested About & year ago Carney's wife com- mitted suiclde by drinking carbolic acld. WASHINGTON, Jan. 3—"We have al- veady discovered that the farmer Is Dot getting the exorbitant profits out of the beef he ralses,” said Secretary Wilson of the Department of Agr cullure in discussing the high prices of food supplies today. “I have no doubt,” he continued, the same conditions prevall in most other lines of farm products. The Department of Agriculture has agents in every state and every county and they have been or- dered to report on the cost of production and the returns on sale of food products. As fast as we reccive these figures we will compare them with the prices the same that lprnd\l:l.l bring In the cities where they are Farmers Not Making Big Profit on Beef, Says Wilson consumed. public, ‘We Intend to bring out the truth, irre- spective of whom it hurts or whom it bene- tits. I am convinced that the public i compelled to pay a great deal more for nearly everything it eats than it should ‘There Is, however, ample excuse for some We will then make the facls of the increase in the cost of living. Farm- | ing area i# not keeping pace with demands for foodstuffs. The citles seem to the fural communities. “The horde of Immigration, as well as the ever-increasing native population, must be fed and the farmers are expected Lo turnish the food." SINGLE COPY have | more attractions for the laboring man than | CENTS. TWO BREWERIES TO GET LICENSES Mectz Brothers' Brewing Company Wins Test Case on Appeal in Distriet Court, RESUME OPERATIONS TODAY Concerns Affected Will Return Again to Making Beer. OPPOSITION ANNOUNCES APPEAL | Anti-Saloon League Will Try Again in Higher Court, OF LAWS, RELATION ISSUE Gibson Act Declared to BDe independ- ent of Slocamb Act, by Judge En- telle in Handing Dowa The Issuance of a liquor lcense to the Metz Bros.'s Brewing company by the Fire and Police Board of Omaha was sustained in the test case before Judge Estelle In Qistriet court yesterday aftefhoon. The lawyers for the Anti-Saloon league an- nounced that they would at once appeal to the supreme court and declared that they had the greatest donfidence of suc- cess, The brewing company's attorneys de- clared that thelr company would resume operations at onee, In that the Mets )5.'8 case was a lest proceeding, the other brewing companies of the clty will probably immediately resume operatlons when licenses are granted. The Board ot Fire and Police Commissioners will meet at 11 o'clock today to consider their licenses, The contest began last week, when the Fire and Wollce Hoard, by agreement to make a test case, granted a license to (he Mctz Bros.'s Brewing company, over the remonstrance and objection of the Anti- Saloon league that the brewers were not entitled to licenses on the ground that they had violated the law by the retail sale of beer. p The argument in this case was long and exhaustive, ending at 6:45 o'clock after two hours of animated debate. Effect of Revocation. Attorneys for the brewers contend-d that the attempt to revoke the license of the brewers and reéfusal to reissue them would become a punishment under the Slocum act, the general act controlling the liquor traffic; but that any offenss that might have been committed, If there had been any, would properly come under the Gibson act. The Anti-Baloon league law- yers responded with an argument to the effect that the Slocumb act comprehended and Included the Gibson act, and that any | Infringement of the Gibson act would mean & violation of the gancral act of which & was a part. . J. P. Breen made argument In behalf of the breweries. Johfi C. Cowin, alfo an at- torney for the brewing companies, made the closing argument in rebuttal. There were ten lawyers for the brewing com- panles prescut at the hearing. The Anti-Saloon league wus represented by L. D. Holmes, W. R. Patrick and El- mer E. Thomas. “We are to appeal to the supreme court {at once from this decision,” sald Mr. Holmes, “and we are almost positive of | success 1n that appeal.” Relation of Two Laws. “The whole question really to be set- tled,” said Judge Estelle In rendering his Jjudgment, “ls whether this Gibson act is incorporated In and becomes a part of the Slocumb act, or whether the Gibson law fs a separate and Independent mct. If a part of the Slocumb act and incorporated | In it, the brewerles would be llable to suf- fer any penalty attached to the Slocumb | | act. If a separate and Independent act for and in itself, and one that could stand | by itself, if the Slocumb act were re- pealed, we would have to look to this act as to what Wwould be visited upon a vio- lator, and 1 rather think that this is the case.” Judge Estelle then referred to his pro- nouncement of last woek, savihg that he realized its significance to the brewerles when he made it, but that the question of relation between the Slocumb act and the Gibson act had not then been brought up, “My conclusion and final view is," con- tinued the judge, “that the Fire and Police board shall be sustained in the granting of a license to the Metz Brothers Brewing company.” HAMM HAS . LONE LICENSE St. Paul Brewer Only One Dolng Huwsiness in Omnha Now. | Just one brewery company in Omaha at present has & lloense to sell beer. That |1s the Hamm Brewing company of Ne- braska, recently incorporated. Last year the license of this company was In the name of the Theodore Hamm Brawing company of Bt. Paul. Hence any violations |of law that may have oceurrcd, under the Gibgon law, could not attach to the new incorporation. Taking cognizance of this |state of facts, as presented by Hamm's |attorney, the fire and poilcs board granted the Hamm license to sell beer at wholesale at Douglas and Eleventh streets. Meantime the breweyles of Omaha havs suspended operations and hundreds of men are out of work, If the court order refuses any lic the breweries will be unable 1o sell beer even to saloons WIFE OF FORMER PRESIDENT FINDS REFUGE IN ALMSHOUSE Senora Barrios, ;"l‘:o' Former Ruler of Guatemals, Blind a Pennile 3.~From a palace NEW ORLEANS, Jan, where she presided ax first lady of the Iand to an alms house refuge—such is the fate which has overtaken Sonora Alagera | Barrios, wite of a former president of Guatemala. With an almost complete - palrment of her vision, penniless and with- fout means to earn a lvellhood, SBenora | Barrios knocked for admittance at the | Touro-Shakespecare alms house here New |Year's day | Her husband, Jose Maria Reno Barrios, | was assessinated o short time after his accession to the presidlhey. Henora Bar- rios then went to Eurepe, where she re- maned for some time., The fortune which she inherited from her husband was dis- sipated through mismanagement of those in charge of it, she asserts. For several months she has lived obe lmmly in New Orleans.