Omaha Daily Bee Newspaper, March 26, 1910, Page 6

THE BEE: OMAHA, SATURDAY OLD CONTRACT SAVES RATE Forgotten Agreement with Union Pa- eifio Foroes Albright Delivery. SWITCH DEAL SAVES THE DAY MARCH 26 e House, Hotel and_ Office Furnisher Orchard & Wilhelm 6-18 South Sixteenth Street Er——— FREE : Sy 3 Live GOLD FISH and GLOEE..... With Every CASH or CREDIT Sale of $10 or Over in Our Men’s Clothing Dep’t. Tomorrow, SBaturday, March 26th, is your last chance to get a beautiful ornament for your home free. This you can do by buying your Easter Suit, Hat and Shoes, Dress Shirt, Underwear and Furnishing Goods here. This aquarium is a clear gain to you over and above the excep- tional values we have priced for tomorrow’s selling. Remember-—This offer applies only in our Men's Olothing Department. Suit prices range from $25.00 on down to $15.00, $12.50 oad. . Ladies’ $30 Tailored Suits on Credit Saturday 32375 Saturday we will place on sale manufacturer’s samples of ladies’ Lot consists of the most approved styles. Come early if you want spring suits. Shipment contains only 165 suits. These suits should row morning at 8:00 o’clock at one price— $2375 cash or easy payments—for. e first choice. All colors and sizes. Terms, $5 Cash, $1 Weekly Stoek Yards Has Document Controll- & Siteation—Rock Island May Charge as it Pleases to Sete tle ‘on Schedule, ROCKER (like cut) —Fumed finish, thoroughly constructed of select quartered oak; large and comfortable; has broad arms, saddle wood seat, sells regu- larly at, each $7.50—Saturday only packers notwithstanding the announced in- we will sell this rocker, $4 75 ) S | tention of the Rock Isiand to maintain the B0 OR8N« ives o rate newly proposed. Fancy Madras and Net, from 42 to 45 || "It Goesn't matter what the Rock Island inches wide; 18 patterns to seleet ]| ™2y charse" said the manager, “‘when it fromy reguln;' alue 486 40 comes to settlement the basis will be on § J 50c—Saturday special, at 290 Saturday Special in : Basement Thursday the manager thought the battle was lost because the Union Pacific ap- peared to be helping the Rock Island by | cutting off the delivery to Albright. Man- ager Buckingham dug up a contract Friday morning which caused him great satisfac- tion, for it gave an absolute right to the (Combination Potato Ricer and Union Stock Yards company to deliver the = . packing house products or any ather prod- Fruit Press; for mashing pota- | ucts to the Rock Island over the switch in toes and other vegetables and question. Exact drawings and blue prints £ . fraits; th accompany the contract, which made the or p!‘esflmg ruits; 18 flp* ca clear. This contract has been In pliance cannot be equaled. fptes Do masy ouss, | 7 n 0 * s o y n't ‘we rea up our contracts The oyp with p?rforntlops 18 * exclalmed the manager, when the made of heavy tin and will not get ot of shape; balance of J|force of the contract ‘dxwmd' upon 'lm:v press made of iron and steel. Sells regularly for 20 o v B st ok bl 35¢; our Baturday special price, only. .. WA c Mr. Duckingham then called on the Union i Pacitic to demand that the switch be un- locked under the terms of the contract. The Cudahy Packing company is prob ably most interested in the raté schedules, end the general manager, Michael Murphy, sald: “If the Albright, schedule 1s the legal schedule, as we believe it s, we shall cer- tainly Insist on a settlement on that basis. The Rock Island can not refuse to haul the packing house products and can not charge & rate other than ils published schedule.” The other packers will deliver to Albright also If the favorable rate holds good. Tho omission of Albright from the rate schedule was clearly an oversight; but whether the courts will sustain the rallroads in their attempt to enforce a rate different from that published In the old schedule Is a point to be tested. - 4 er B. Buckingham of the Unlon Stock yards, after a careful sur- | vey of the field, regarding the Albright | schedule for dressed meats, says that the Joker, so-called, had shifted back to the General Ma: EASIEST To wog AND_CLEAN IT HAS 100 USFS Imporhni Sale Ladies’ Wash Waists Tomorrow we place on sale a surplus stock of a New York ladies’ shirtwaist manufactur- er—Ilot includes over 100 dozen of beautiful lawn, linen and lin- gerie waists, made in the new spring styles; well worth from $1.50 to gac $2.00; special for..... Goods bought this week will beputon next month’s account if you say so. bring $30.00. We place them on sale tomor- Liberal Credit Cheerfully Extended to All We Give $. & H. Green New Pump model in Patent Colt. Shorteffect accented by NS ribbon tie; ankle strap insures no slipping. Graceful arch and high heel. Dress weight. $3.50 to $5.00 “Dorothy Dodd” Shoes particularly appeal to re- fined taste; meet the requirements of practical service, and absolutely insure foot comfort. Prices always moderate—the convincing climax, Chamberlain Case 1s Dismissed Bank Cashier Who Fled to Mexico and Returned for Trial is Finally Free. TECUMSEH, Neb, March 2.—(Special.) —The one remafning case against Charles M. Chamberlain, cashler of the fafled Chamberlain Banking house of Tecumseh, was dismissed in the Gage coudty district court by Judge L. M. Pemberton Wednes- day, the judge acting upon a motion pre- sented by County Attorney Hugh Le Mas- ter of Johnson county. Following the dis- missal a motion to retax costs in the Gage county cases was heard. Mr. La Master objected to the paying of attorneys' fees to A. Haslett and L. W. Colby for the reason that Chamberlain employed other counsel, contrary to the order of the court In appointing attorneys for him. Objec- tions were also made to certain other fees. With the dismissal of this case the cur- tain 1s probably dropped on the Chamber- lain affair, at least as far as the criminal Drogeedings against the ex-cashier are concerned. This case was similar to one in which Chamberlain was successful, tried in Gage county last December. It was a charge of having received money In his bank after he knew it to be insolvent, | Are you or | Will you be? ‘ Have you or Will you have? | A Successtul | Wite | Read the tremendous | story now running in Everybody's Magazine A woman lays her soul bare, A Thrilling Story. A Rare Soul. Inspiring, Helpful Absorbing, The Chamberlain bank falled on August 2, 1902, four days after Chamberlaln, as cashler, disappeared. Chamberlain spent many months in Cuba, Mexico, the Pacific northwest and Chicago before coming home and surrendering himself, which was April 15, 1905, Upon his return home, Chamberlain faced eighteen separate indictments. Later it was found expedient for the state to “bunch” some of them, as the evidence in several of them was quite simi- lar. However, during the criminal liti- gation against him Chamberlain faced seven or elght separate jurles. In a case on an embezzlement charge, taken to Nemaha county on a change of venue, Chamberlain was found guilty and was sentenced to five years in the penitentiary. The case was taken to the supreme court, was sent back for retrial and upon the re- trial the jury disagreed. Later this and other cases in the Nemaha county court were dismissed. A number of civil cases grew out of the bank fallure, some of which are still pending In the Johnson county district court. Chamberlain {s now at Pullman, W but his family is still in Tecumseh. Edwards Shoots Edwards. BENKELMAN, Neb, March 26.—(Spe- clal)—~Austin Edwards was shot in the shoulder and hand and seriously wounded by Clarance Edwards, at the depot Thurs- day afternoon. Earller In the day Clarence Edwards had been bound over in the dls- trict court on the charge of attacking two lttle girls. Austin Edwards, who s a | brother of a former wifte of Clarence Ed- wards, s reiated to one of the girls Clar- ence Edwards is accused of attacking. The men met at the depot, just before the ar- rival of the afternoon train, when Cla ence pulled a pistol and fired at Austin, one shot taking effect in the right shoul- der and the other in his right hand. Sheriff Kimsey was soon on hand and arrived at the depot In time to arrest Cla ence, but considered that public feeling was running too high for him to take him from the train and keep him at Benkelman, so he stayed on the train with his prisoner and will probably lodge him In the Red Willow county jail Iudifferent Heir Finally Found. HOLDREGE, Neb., March %.—(Special.) ~The settlement of the August Swanlund estate, which has been delayed for some | time, on account of not being able to find ‘unr brother, Gust, was finally adjusted this week, the missing man having been ! located out in the cattle country of Mon- tana. In answer to the call of the court, he arrived here this week to receive his portion of the estate. The man is about ® years old and a typical westerner of the cowboy genus. While here he declared that Ye 4id not particularly care for the money, as he had all that he would ever | need or wanted, and that the other rela- tives might just as well gone ahead and sottled the estate and disposed of his por- tion—about §1,600-without bothering to get | him here. | | L at Alma, “ ALMA, Neb,, | election heve this spring. The oitizens’ | ticket 18 the only one in the field. It fol- lows: Mayor, R. §. Keerlin; treasurer, Rob- ert Porter; police judge, J. B. Billinger, counclimen, First ward, P. M. Everson Becond ward, Earnest Altu; Third ward Thira August Haure- (two-year term), ward (to fill' vaeaney), man; city engineer, George C. Reed. Frank Werner; March 2.—(Special)—The license i1ssue will be the only one at the WANT BALLINGER AS LAST WITNESS (Continued from First Page.) to formulate those charges and to defer until a later period of the inquiry our sug- gestions as to what conclusions should be drawn from the facts. “When this inquiry first began Mr. Bal- lirger sent a letter here in which he ex- pressed the desire to leave the committee untrammeled. - He did not even desire to have counsel, lest it should hamper the committee in its search for the facts. “It {s perfectly clear that we should not Dbe brought to & stop in our inquiry without being able to lay before the committee those facts which Mr. Ballinger alone is aware of and can best enlighten the com- mittee. I know of no proceeding in which we would be denled this opportunity. “We certainly ought not to be denled it in what the chairman has characterized this, as & ‘free, full and open mquiry,’ ana not limited by the ordinary rules of evi- dcnee.” Madison Asks Question. Representative Madison asked Mr. Bran- dels It he regarded him as a witness to facts and the attorney declared he dld. “And you intend to examine him on all points that you consider materfal?” fn- quired Representative McCall. “Yes, sir.” “In other words, what you mean is that you desire your cross-examination of the witness to precede the direct examination?” suggested Senator Sutherland. “I wouldn't put it just that way,” plied Mr. Brandels. ‘“‘Mr. already had full opportunity to make his statement. He has had the advantage of being able to confer with the president and has made two statements to the presi- dent.” f Doesn’t that apply to all the witnesses In this proceeding?’ asked Representative Denby. “No. My cllent, Mr. Glavis, has not had an equal opportunity.” Mr. Brandels admitted that he desired to have the right to examine Mr. Ballinger in his own way. Representative Olmstead said ho thought Mr. Ballinger shou'd have the opportunity first to make his state- ment to the court in his own way. Mr. Brandels was directed to proceed with his other witnesses, the Ballinger matter being deferred for the time being. Guggenhelm Director Called. Stephen D. Birch, manager and director of the Morgan-Guggenheim syndicate in Alaska, then was sworn. He sald the syn- dicate was composed of J. P. Morgan & Co., and some members of the firm of M enheim Sons. Mr. Birch recently ap- peared before the senate committes on territories and gave the testimony which he repeated today. He said he first saw Clarence Cunningham in connection with his claim in Seattle early in April, 1907, The witness sald he saw Cunningham several times In Seattle. Mr. Brandeis then read into the record a copy of the memorandum agreement entered into July 2, 1907, by Clarence Cun- ningham, Miies C. Moore, A. B. Campbell and other Cunningham claimants as ven- dors to Daniel Guggenheim, as vendee, stating terms under which the claimants re- When the doctor says you must take Cod Liver Oll he means Emulsified Oil and not the crude oil which is very heavy and hard to digest. Scott’s Emulgion is the world’s standard prepa- ration of Cod Liver Oil; it is very easily digested and im- mediately absorbed, and will not upset the stomach like the crude or plain oil. ALA 280Scw Ame of paper ad this ad. for A SCOTT & BOWNE, 409 Peasi 8L, . Y. Ballinger has | PLAIN FIGURES HERE! (The Peoples Furniture & Carpet Co. . RNAM _STREETS, OMAHA: blished 1887.) Trading Stamps With All Purchases |ham wrote would convey & half interest in their coal lands. “And Danlel Guggenheim represented the Guggenheim syndicate?’ asked Mr, Bran- del Representative Madisen called attention to the fact that at the time the agreement was dated, several of the Cunningham claims had not gone to entry. Mr. Brandels read a letter from Clarence Cunningham to Mr. Birch, dated May 1, 1907, in which Cunningham said he had not been able to make any progress, but had calied a meeting of the claimants May 15 at Spokane, Wash., when he hoped an agreement could be reached. “When I saw Cunningham In Seattle in June,” continued the witness, “he sald he had been unable to get his people to- gether. I went to Alaska and remalned thero all summer.” Contract with Guggenheim. There was next introduced in evidence a copy of the minutes of the Spokane meet- ing. which was sattended by elghteen of the thirty-three Cunningham claimants. At this meeting Cunningham stated that be had been approached by & representa- tive of the Guggenhelms who desired coal for the operation of their rallroads and smelters. The proposition which Cunning- ham outlined was for the claimants to deed their property to a company and re- tain half the rstock In that company— the. other 50 per cent of the stock to be sold to the Guygenhelms for a sum suf- ficlent to equip the mines, estimated at $200,00. The Guggenhelms were to mine the coal and pay a royally of 15 cents a ton. 8. W. Eccles, Mr. Cunningham said, was the man who had made the proposi- tion to him. A committee was appointed by the claimants to look into the matter. Mr, Brandels next read a copy of the minutes of a meeting of the claimants held in July 16, 1807, at which Clarence Cunningham, Miles C. Moore and A. B. Campbell were appointed a committee to negotiate with the representative of the Guggenheims, all of the other claimants present agreeing to ratify the actlon of the committee. Under date of August 17, 1%07, Clarence Cunningham wrote to Danfel Guggenheim, thanking him for the promptness with which he had taken the matter up and saying he would sail within two hours with a representative of the syndicate to inspect and examine the coal property, The Guggenheims had notified Cunning- ham. that they had been advised by counsel not to purchase the claims in thelr incom- pleted state and had requested that the patents be hurried. In reply Mr, Cunning- that the issuance of patents was a matter which rested with the con- venience of the government and could nov be hurrled, although he had been Informea that the commissioner of the land office (Mr. Ballinger) had intimated that the mat- ter would be ‘“‘cleancd up" in ninety days. Guggenhelm Attorney Sworn, John N. Steele, attorney of the Morgan- Guggenheim syndicate, had been called upon from time to time by Mr. Brandels for statements and letters while Mr. Birch was on the stand. It was suggested that Mr. Steele be sworn. Chairman Nelson caused a ripple of laughter in swearing the witness by pledging him to the truth of “testimony alrcady given and to be given.” Following this ceremony Mr. Brandels read & telegram from Danlel Guggenheim to Clarence Cunningham dated December 7, 1907, “finally accepting the proposition made in the memorandum agreement of July 20’ by Messrs. Cunningham, Moore and Camp- bell on behalf of themselves and their soclates. A letter from Cunningham ac- knowledging recelpt of the telegram was also put in evidence. Mr. Birch sald that in none of his con- versations with Cunningham was Ballin- r's name mentioned or any promise re- clted as to the action of the commissioner of the land office. Mr. Brandels was about to question the witness concerning the report of the ex- projected a rallroad from Katalla to the coal lands. Later they changed their plans to build from Cordova to the copper flelds. When Cunningham heard of this change early in 198 he told Birch that the agree- ment had been violated, that it was no longer binding and would not be lived up to. No Action Under Agreement. The witness said he did not consider the change of plans a violation of the agree- ment as the Cunningham oclaimants had done nothing on their side of the contract; they had not formed a company or placed any deeds In escrow. 8o from the time of accepting the agreement to the present day, no action has been taken under the agree- ment. The witness was questioned as to the cost and amount of rallroad construc- tion done by the Alaska syndicate. He said It always was the plan to bulld & road which would tap both the copper mine and the coal fields. “If the coal had not been there, we would not have gone,” said Mr. Birch. Mr. Steele here was asked whether or not there had been & formal notification by Cunningham to the syndicate that the agreement had been forfeited. He declared there had not. Throughout the giving of testimony as to the Guggenhelms, Messrs. Birch and Steelo acted as sort of joint witnesses. Mr. Steelo sald he did not regard the syndicate's purpose to bufld a road as binding and therefore indicated that he did not con- sider the agreement violated. At this point the luncheon recess was taken. Benetit from Coal Filelds. During the afternoon session Mr. Bran- dels drew from Manager Birch the fact that the development of Alaska depended almost wholly upon the opening of the cosal flelds, When he had done this he turned fiercely upon the witness and de- manded to know that in view of this fact why the Guggenhelms had sat quletly for two years and made no exertion to have patents granted in the Cunningham group. “All we did was to tell Cunningham to hurry up with his patents.” “Do you mean to say that with all the Influence and power of the Morgans and the Guggenhelms in this country they made no efforts in this direction except your feeble efforts; is that what you wish this committee to understand?”’ “1¢ is" ‘Al this influence and power went for nothing?" “What could we do? We had nothing to do with the patents, did we?" “Mr. Birch, I think you are better able to answer that than I,” remarked the at- torney, dramatically. When the committee and Mr, Brandeis pert sent by the Guggenhelms to examine the Cunningham claims when Mr. Steele protested against making the document public. He sald it was a private matter, and had nothing to do with any question at issue before the committee. He was will- ing, he said, to let the committes have the report n confidence. Further questions re- garding the report were deferred. Mr. Birch testified the Guggenbelms had finally had concluded their direct and cross-examination of the witness he was turned over to Mr. Vertrees. Mr. Birch said the Alaska syndicate had spent $1,000,000 in an ineffectual attempt to construct & harbor at Katalla. This was in 1906 and 1907, before there was an option on the Cunningham claims. “We wanted to be near the coal field he said, “for we thought that some day somebody would get patents and open the fields, so we could buy the coal.” Mr. Birch sald It was in January or February, 1906, that Cunningham claimed the option agreement had been made vold by the dction of the Guggenheims in changing their rallroad base from Katalla to Cordova. “Did not he state further that It had also been volded by the fact that few if any of his principals had ratified the agree- ment?" asked Mr. Vertrees, “He aid.” The Option Agreement. “And from that day to this has any mem- ber of your syndicate, by writing or other- wise, indicated to Cunningham that they still considered the option agreement in effeot?” “No, sir.”” Mr. Birch said he went to see Mr. Gar- fleld when he was secretary of the in- terlor, ‘asking 1f some practical legislation could not be secured for Alaska. “But I didn’t get much satisfaction,’ addcd the witness. “Subsequently, how- ever, a law was passed in 1008. I told Her- bert Parsons (a member of congress from New York) that I thought this law was rotten and unconstitutional. I thought the bill robbed a man of his inherent rights Mr. Parsons asked me to write him a let- ter and to enclose coples for Mr. Garfleld | and for Mr. Roosevelt.” The witness produced the letter and it was read in evidence. The objections tu the bill were largely technical in charac- ter and set out in great detall. In effect the letter protested that the new law would not encourage development of Alaska as it had been designed. When Mr, Vertrees contluded his brief cross-examination, Attorney Brandels re- turned once more to the attack and demanded to know If the Guggenheims had tried to control all of the wharfage at Cordova, He asked particularly if Jack Dalton of Dalton trall fame had not tried to erect a wharf near the company’s prop- erty and been thrown in jail as a conse- quence, “Jack put up a hut and drove a few piles in front of our property,” said the wit- ness, “but it was purely & graft scheme. Some of his friends came to us and wanted to know If we did not want to buy Jack [} out rather than have trouble. That is all there was to that."” This ended the testimony of Mr. Biren and the committee adjourned until tomor- row, ' Seed Corn Tents. YORK, Neb., March 2.—(Specla).)—Farm- ers of York county have been experiments ing in testing seed corn. W. H. McElwain, near York, has made several important experimerta He tested three differont lotg that had been kept under different condl- tions. Firet he took soed from corn that had stood in the shock during the winter; second from an open slat crib, so situat tHat molsture and freezing'could take i third, corn that had been Kept sheltered in a rain and snow proot covered bulldipg. The corn taken from the first two lots falled to stand a satisfactory test, and very little of it germinated. Of the lot that was kept dry not one kersal fafled to germinate. Mr. McElwain will plant only the corn that was kept sheltered from snow and moisture. While a large per cent of York farmers tested’ their meed corn, a larger per cent will do s they ha done for years, select seed corn that looke g00d to them and if it happens to be seed corn that was not kept stored in a''dry’ place hundreds of acres will have to'be replanted. Beatrice Officlal Court Imquiry. BEATRICE, March 25.—(Special.)—County, Attorney F, O. McGirr in referring to th petition filed with the governor by Tom' Darnell of the Antl-saloon league asking' the executive to oust Mayor Rawlings ang’ himself, published a statement in the local papers yesterday to the effect that he did™ not fear an investigation. He says that more persons have been arrested and con- victed under his administration than’ for years before, especially among the boot- legging element. He states that he 1y ready and willing to prosecute all yiolators of the law when evidence s produced te warrant the filing of complain! Sloux Go to Belgl g RUSHVILLE, Neb., March 2%.—(Special.) ~Forty members of the Sloyx. tribe Wero shipped from here last night in all thel, war paint and paraphernalia. They consigh of thirty bucks, seven squaws and thrig children and they are destined for Belglum,, where they will contribute to the exhibit, of western tribal life, —eee Two Importers Arrested. NEW YORK, March 25 —Two more im-" porters were arrested today charged with defrauding the government in conspiracy with assistant customs weighers. They were Enrico Prota and his clerk and agent, Alfonso Schettino. ''They were placed under $5,000 bail each. |