Omaha Daily Bee Newspaper, May 18, 1910, Page 1

e THE OMAHA BEE 1s the most powerful business getter in the west, because It goes to the homes of poor and rich, THE OMAHA DAILY BEE. WEATHER FORECAST Nebraska—Fair and warmer. lowa—Fair in west For weather report se page 2 For For VOL. XXXIX—NO, OMAHA, WEDNESDAY MORNING, MAY 1 SHIPPERS FORM FIGHTING BODY Traffic Associations and Individual Manufacturers Unite to Combat Raise in Rates. JOHN E. WILDER IS PRESIDENT Shippers from Many States in Con- feremce in Chicago. WESTERN MEN WIDE AWAKE Meetingt in Omaha, May 25 Will En- join Proposed Rates. NO REASON FOR ANY ADVANCE Contend that Higher Wharges Are Not Necessary, Be- cause Net Earnings of Rall- kern CIIICAGO, May 17.—The concentrated op- position of 175 big manufacturing compan- to an advance in railroad rates took form here today In the permanent organi- zation of individual organizations and com- parids into a big association to fight the roade, The following officers were elected President, John ¥. Wider, Chicago viee-president, R. ¥. Spencer, St. Louls; secretary, B. E, Willlamson, Cineinnati E. . MeVann, of the Commercial club, Omahi, announced that western shippers probably would seek by injunction to pre- vent the ralse In rates scheduled for June 1, from going int> effect. A meeting to take final action, he said, will be held at Omaha on May 2 Many Citles Represented. Vigorously opposing the proposed ad- vance in frelght rates, which carriers in official classification territory and western trunk line terrizory have decided make, shippers from all sections of the country gathered in conference here today at one of the largest meetings of shippe axsembled for years. The confergnce was called to order by W. H. Burne, yice president of the Ili- rois Manuue®lrers association, under Whose ausp.ces the meeting s being held. A Jetter from Ma:tin B. Madden, congress- an from the First district of Illinois, ex- plaining the provisions of the bill amend- ink the Hepburn act, was read. A com- munication frem Ohiy C. Warber, chairman of the board of directors of the Diamond (2] Match company, urging united action, was| 0 read. Among thos ence were: Willlam Duff Haynie, counsel for the linols Manufacturers’ assoclation; H. C. Barlow of the Chicago Association of Com- merce; B. E, Willlamson of the Ciucinnat! hecelvers' and Shippers’ assoclation; C. 8. Gregory of the Manufacturers’ and Ship- pers’ association of Rockford, IL; O, Bedd of the Crane company, Chicago; A. R, Ebt o " Deéere &*€o/, Moline, 1Il; W. J Evans of the Natlonal Assoclation of Im- pliment and Vehicle Manufacturers; P. M. Hansen of 8t Louls; C. L. Lingo of In- diana Harbor, 1nd.; F. T. Bentley of Chi- cago and C. T. Bradford of Chicago. All of the speakers declared the rates on many articles are already too high and that the carriers are wrong In their con- tention that higher rates are necessary to meet increased uperating expenses. who addressed the confer- Address of Mr, In opening the meeting Mr. Burne de- clared that the railroads, when thelr at- tempt to advance rates (wo years ago was defeated, promised the Illinois Mauufac- turers’ association that in the future ship- pers would be notified before any attempt At advancing rates<was made. No notice of the present advance had been given, he a Burne. “Your representatives have received mo | request for conference, notwithstanding it 1s well known that the roads in officlal classification territory Intend to advance thelr rates from 8 to 20 per cent and the western trunk line roads have already filed their tariffs for advances as gre per cent” declared the speaker. “They have also withdrawn commodity rates and reached out to grasp the large increase'in thelr net revenue. “The situation Almost every Jusual “rvmer between the Rocky mountains and the Alleghenies is represented here today and many of those who are not represented have taken steps co-operate or unite with each other in upposing the advances. “For Instance, the Missouri river states wiil bold & conference this week to galn united action on the part of the commer- cial and Industrial centers along that great western course. We are in the market to buy transportation. The railroads have it to sell. which presents itself is to Situation ix n scanning the history progress or the commerc find another instance men having something anomalous position of foreing his custom- ers to meet In convention for the purpose of bringing about a united front pre- ual, of al world re the industrial can you man or to sell assume vent the advauce in the price of the com- | modity? Did you ever know ful merchant or a of a success successful manufac- turer who was constantly fighting his cus. | Surpression and prosecution of fraud will|tempt such & procedure. tomers? “What right have the roads to appeal to the sympathies of the peopl: cf this country and make the public belleve they have been senerally abused, and that the railroads are getting the worst of it? Even since the convention two years ago the raliroads have put up & sympathetic front and pounded the man to whom they sell goods into creating an agitation make the public belleve the man in the rallroad business was gettng the worst of it “It I8 largely due to the rallroads that this agltation about the high cost of living has taken place. They have got the public worked up to a polnt where it believes that | the rallroads are not making any money. Depend on Publ’e Opinton. F'As to what legal remedy we have the wyers will have to guide us, but I want 10 assure like public opinion country rise vp and show (he.r determina- tion t0 stop the railroads from adding any more tax to thelr food, from adding any more taxX to thelr clothing, from adding any more tax to the things they you w.i have 1o appeal to the courts, or the In- terstate Commerce comission, or congre of any state leglslative body ‘There I8 nothing in this country that will stralghten the rallroads out like public use, but ’ wubl } fmes 1t takes & volcano to arjuse timent to| t oas 16/ important shipping | the | to Ou that there iy no result-getter | It the people of this| }lf Hyde is Dented | NewTrialHe Must | Go to State Prison ;He Cannot Remain in Jail Pending | Appeal of Case to the Su- preme Court. Mo.. May 17.-1t Judge Ralph & Latshaw overrules Dr. B. Clark I Hyde's motton for a new trial when matter comes up some time this week, | physiclan will be sent immediately. The nouncement today “The law provides,” that a com his sentent new trial i peals make eral men 1 penitentiar tidered by |42 1 wee it { ing. he will and started s suits the office “Of course ti not mean that T shall not grant the in a new trial. If his attorneys show what 1 deem good cause for another hearing, they shall huve it." Should Dr. Hyde lose his case in the su preme court, says Judge Latshaw, the costs weuld be upon the defendant alone. Mrs. Hyde could not be forced to pay a cent of them While Dr. B. Clark Hyde is In jail, he is not going to permit his medical mind to be- come rusty. Today the physician had one of his attorneys bring him a score of texts from his office. He will study them regu- larly each day, he says Professional assoclates of Dr. Hyde are not surprised at his studying in jail. He KANSAS CITY, a the court made this man shall begin serving 7 oon as his motion for a 'g. 1. Whether or not he ap- 1 fference. There _5‘ rving time in | cases are being con- yreme court. Therefore Dr. Hyde a new hear atenced next Saturday on ence of the are sev- H the state marshal's ous student and was well abreast of the times In medicine and surgery. It was largely in recognition of his ability, it Is sald, that he was elected president of the Jackson County Medical soclety last fall. Hyde has become popular with the pri oners at the jall. He is an honorary mem- | ber of the “mock court” by virtue of hav- | ing paid $1 initiation fee, when the regular | cost is but 5 cents. The physiclan also time away. JEFFERSON CITY, torney General Major |of the state when the motion for a new hearing for Dr. B. Clark Hyde is argued before Judge Latshaw. Prosecutor Virgll Conkling today re- quested the attorney general to be present Mo, May IT.-At- will appear in behalf .Charges Against American Officers French Fisherman Alleges Malereat- TOULON, France, May 17.—The crew of a fishing boat which was engaged early today to take officers of the American crulser New York from shore to their“ship Jater lodged cor plaint with the police, al- Jeging i1l treatment at the hands of certain officers and men of the cruiser. The Amer- ican consular agent, Francis M. Mans- field, has been notified. The fishermen charge that when one of their number went aboard the New York | to collect the fare of thelr two passengers he bceame Invoived in a dispute during which the officers cruelly beat him, while sallors of the warship threw palls of hot | water on his companions in the boat. HEIKE TRIAL IS RESUMED Work of Filling the Jury Box Will Probably Be Completed Be- fore Day ix Over. NEW YORK, May 17.—Completing the work of filling the jury box was expected to occupy only a short time when the trial of Charles R. Helke, secretary of the Amer- jcan Sugar Refining company was resumed today in the Unlited States circuit court. Helke, with five others, is charged with conspiracy to cheat the government out of sugar duties by underwelghing cargoes, Sugar trust ernment in connection with the sugar un derweighing scandals, and Is specifically charged with endorsing checks drawn by the wovernment for the refund thought to be due the sugar company when the al- leged false weights were turned in by the weighers. Mn Heike pleaded immunity, but his plea was disallowed by the United States preme court CREDIT MEN AT NEW ORLEANS Suggestion Made that Milllon-Dollar Fund He Ralsed to Prose- cute Fraud NEW ORLEANS, May 17.~More than 1000 delegates from all sections of the country are in attendarnce on the annual convention of the National Credit Men! assoclation, beginning its sessions here to- day. Recommendations that a fund of | 51,00 be raised by the assoclation for the i | be one of the most impoftant matters un- der consideration. Among the feztures of today's program Wwi an address by W. A | Pendergast, comptroller of New York City and former secretary of the Credit Men's | assoclation. F. H. Meadow of Chicago Is | prestaent. 'Auto Dealer is The case entitled “Officer Wilson's Trous- ers H. EFredrickson” came to | trial in police court. The trousers won | An experience in which he coasted dovn 'arnam street near Sixteenth street on a “dead" motor and threw Patrolman Wilson |into several somersauits, cost Mr, Fred- | rickson $2 and incidentals under u charge of reckless automoblie driving before Judge Crawford Tuesday morning While Court Officer (lover dragged at his arm and strove to take the prisomer into the jail room, Fredrickson made con- | tinued efforts to get & bondsman ana | appeal his case to & higher court. versus to He at- sentiment when it is thaioughly aroused, | tempted to submit a check for the amount | the machine. {of his fine to apply on his bond, telling | the court clerk that he had been unjustly | . the | to the state prison | wald Judge Latshaw, | as soon thereafter | was known among the physicians as a seri- | plays cards with the inmates to while the | He 15 the highest officer of the so-called | to be prosecuted by the gov-| Tearing Policeman’s Pants 'CUMMINS SPEAKS ' FOR AMENDMENT |Towa Senator Defends Provision in Railroad Bill Giving Power to Commission. | 1 | BURKETT STANDS BY HAWKEYE Nebraskan Declares Himself as Unre- servedly Favoring Plan. COURT RULINGS IS THE SUBJECT Would Give Interstate Commerce Body Action on Cases, MUCH ILL-FEELING EVIDENT Insurgents Hefuse to Accept House Amendment Designating How Suits Must Be Brought. WASHINGTON, May 17.~There were in- dications of Il feeling betwaen the regular | and insurgent republicans when the senate | convened today. The pending amendment | to the rallroad bill was that offered by ! Senator Cummins to require the retention of the present rule that under the! interstate commerce act be brought against the Interstate Commerce commission, 1ather than against the government, Vided in the administration bill Under the Cummins amendment commission, not the attorney general, would have charge of the defense of the suits, Mr. Cummins arose to speak on his amend nint as s pro- the | Senators Aldrich and Elkins hurried | about on the floor and there was a_ great .‘"Pfll of confusion. Finally Mr Clapp com- plained of the lack of order On his desk and on those of LaFollette, Dolliver ‘and Bristow were plled books end papers, indi- |cating that they expected speak at | tength. 1w to you accept the house provision designating parties to sults?" asked Senator Elkins, “Positively not,”" re plied Mr. Cumming. Under the White House dictum declared at the midnight conference Saturday, the | supporters of the administration bill were lm{ Mo formulate some agreement that would command the solid republican sup- port. The conservatives expressed willing- | ness to accept the progressives' view as to the defense of suits if they would con-| sent to the withdrawal of the Cummins | amendment to Prohibit the increase of rates | by railroads witkout the grior approval of the Interstate Commerce commission, Senator Cummins' followers were obdu- rate. Senutor Dixon, who led the forces that compelied the acceptance of an amend- ment on the subjeet of long and short| hauls, acted as the intermediary between the conservatives and the progressives. For a time he met with encouragement, hut as the negotiations proceeded it was re- ported that the several Insurgents, who had ot been invited to the White House Saturday night, “had heard that reflec- tions on their course had been made at that, gathering, even by the president Him- self.” Governor HasMore Power than King This is What Mr. Shallenberger Tells Democrats at Beaver City Love Feast. BEAVER CITY, Neb. May 1. Telegram.)—The much advertised democra- | tic love feast came to a close at 1 o'clock this morning, closing with an hour's speech by Governor Shallenberger. The governor came in time for the banquet, which was deferred for two hours, awaiting his ar- rival. Toasts were responded to by Thomas Colefer of McCook, J. H. Mooney of Ara- pahoe, Representative Keely of Beaver City, Bernard McNeeny of Red Cloud, can- Aldate for attorney geneial; H, C. Rich- mond of Omaha, C. O. Harmon of Hold- rege, who announced himself as candidate | for congress and R. D, Sutherland. The latter, replying to Mr. Harmon, that he supposcd that the congre plum his preserve and he wanted to do no tresspassing. He sald that it was his ambition to be elected on the ticket this fall with the present governor. The gov- nor devoted nearly all of his address to his administration and dwelt at length upon the signing of the elght-hour law. He said that the great mistake of the demoacratic party was when it did not oppose slavery and that if the democratic party was to |wiz in the future it must go on for morality and opposed to he tratfic. § Plates were laid for 203 guests and there were but 176 guésts. One feature was the | | presence of a subject of King George v, | |In the person of Mrs, B. C. Smith, who is Visiting here from England, Referring to Mrs, Smith, the governor stated that he had more power as exccutive in Ne- (Speclal fonal no record liquor | {royal standard, | all of them in bright uniforms, | week. 191( )—-TWELVE PAGES SINGLE COPY TWO CENTS From the Cleveland Plain Dealer. ““Wonder What’s Keeping that George Upstairs so Long.”” KING'S BODY LIES IN STATE It is Taken to Westmihster Hall with Stately Pomp. MONARCH WALKS BEHIND CASKET King George ix Followed by His Two Sons and Behind Them Come the Kings of Denmark and Norway. LONDON, May 17.—The body of King VII, the peacemnker, wa$ taken with stately pomp this merning from Buck- ingham palace on the firzt stage of the Journ to the grave and now lies in state in. Westminister hall, where hundreds of thousands will pay a last tribute to the dead .monarch before the final passage through the streets of the eapital on Thurs- day. The. procession from Buekingham palace to Westminster hall passed through doubled lines. of red-coated soldiers, flanked with rows of policemen, and a mass of silent, black-garbed humanity. The buildings along the Toute were heavily draped with mourning. The Ger- man and othep embassies In Carlton house terrace were dovered with funeral palls of black and purple, relleved occasionaliy by green wreaths and bauquels of white 1flies, The first -intimatiofi+, that 'the crowd; which had bwen waiting for *hours, had of the appreach of the funeral ‘cortege was the booming of the first of sixtyseight min- ute ghns, which were fired at 8t. James' park, followed by the tolling of “Big Ben,” the great clock in the tower of the House of Commons, which heretofore has been heard only as it struck the hours, and by the roll of muffied drums. Then a guardsman with sword reversed | came down the Mall at measured 'tread, two other guardsmen following close be- hind. Then came the officers of the head- quarters staff, the army council‘and the board of admiralty. As these appeared the troops came to a half salute with reversed gins and remained thus until Field Mar- shals Lord Roberts and Lord Kitchener of Khartum, the admirals of the fleet; the Indian orderly officers in black uniforms, and the aides-de-camp of the late king passed. King Marches Rehind Casket. As the gun carriage on which the casket was borne moved ahead, the order ‘‘rest on your arms,” was glven sharply. With heads bowed the soldiers kept their eyes on the ground, while the body of their late king passed, coming to attention again for the which was carried imme- diately behind the casket and in front of King George, wh like the officers and other members of royalty, was afoot. The duke of Cornwall’and Prince Albert, two little figu in the matty uniforms of naval cadets, followed their fathef® King Frederick of Denmark and King Haakon, with the duke of Connaught between them, came next and then followed the other members of the British and forelgn royal families in gorgeous uniforms, the only touch of mourning being the black bands on the sleeves of their ocats. An army of officers of the late King's household, nearly but a few of them in mourning dress, followed. The greatest interest of the crowd was aroused at the approach of the first car- riage, for in this rode the queen mother Alexandra, to whom the hearts of all| Britishers have gone out during the last Queen Mother In First Carriage. | braska than had the king, as the governor | dared veto a law, while the king would | be sure to lose his crown should he at- | | Anti-Dynastie Feellng in Chi | KING. May 17.—Reports fromn the capital of the province of tell of serlows evidences of 1 |among the Chinese. The natives are |Ung off their ques, an action which stitutes an antl-dynastic demonetration. anti-forelgn feeling is | o ‘m 3 The | sald to be increasing Fined for | charged and unjustly fined, all in vain. Clerk Mahoney refused to accept the check | except as a payment of the court fine | Inthe end. W. H. Wigman, manager for Mr. Fredrickson, signed a bond in the sum |of $300 and the defendant was liberated trom Glover's clutches at the Jull doc Policeman “Bill' Wilson told the that Fredrickson had made his way down Farnam at a most unseemly rate of speed and that when the policeman stopped him and stepped upon the Fredrickson had started up his machine | In a jerk calculated to make sixty miles | an hour. Officer Wilson damaged a fine | 86 pair of trousers upon being thrown from Fredrickson's defense that his molor was not in operation that he was merely coasting. court running board was | and | | Her majesty, wearing the deepest mourn- ing, had lifted her vell, and the people rey- evently raised the'r hats to the pathetld tighre, who, even in the hour of her great grief, acknowledged the sllent testimony “Continued on Second Page.) People who can | get along very well with second-hand things, are watch- ing_the For Sale columns of The Bee daily. Every day someone is advertis- ing an article that they do not need, and every day somebody is snap- ping up these articles You have something about house that you do not use? What is it? It has value. Somebody wants it, and will pay for it Call Douglas 238 and de- | seribe it to the ad taker and | he will tell yvou what an ad l the | will cost to sell it. | treely | dicd a day Battling Nelson Has Interview with Cannon Pugilist Says Speaker Would Have Made Great Featherweight if He Had Trained Early. WASHINGTON, May 17.—"Battling son, called on’ Speaker Cannon at th p- itol today and after carefully looking over the latter's spare frame from a respectful distance averred “that the speaker would have made a’ great featherweight.” Introduced to the speaker by the latter's | secretary, Mr. Busby, ~Nelson grinned | broadly at the smiling speaker. | “If you had begun Nel- boxing a few years ago you would have made a better boxer than a speaker, and “you are certainly some speaker,” led out Nelson. “Now, that's what I call a pretty compliment,” countered the speaker, They went on to talk at length of ath- letics. Some of the group surrounding the two informed the fighter that the speaker took his daily exercise and always kept him- self fit. “1 knew he was there on the tralning,” replied Nelson, *'you can’'t fool me about telling when a boy is in shape.” The speaker shook both Nelson's hands, nice | felt his biceps and shoulders and slapped on the back. The examination was returned by Nelson who carefully ran his hande over the somewhat gaunt trame of Speaker Cannon, “Say,” sald Nelson, as he ran his fingers up and down the speakers's arms and looked him over from head to foot, "I heard you were a big man, but you're only a little fellow.” Uncle Joe grinned and put up his hands in approved pugllistic. style. Nelson - ac- cepted the mock challenge and put up his practiced hands as it in defense. Speaker Cannon made a few swift passes at the fighter, who backed away laugh- ing. him ‘Philadelphia Jack' O'Brien taught those,” confided Mr. Cannon. After the informalities of the unique in- troduction were over the speaker stepped into his private office and emerged with a box of cigars which he opened and proffered to Nelson. “No, thanks," smoked a clgar or in my lite.” “I wish I could say knowledged the speaker. Nelson was at the capitol to appear be- fore a committee In opposition to a bill Introduced by Representative Smith of | Towa, prohibiting the exhibition of moving pictures of prize fights and transmission of descriptions of prize fights by wire. SPANISH OFFICER KILLED IN RIOT AT VALENCIA sald Nelson; "I never took a drink of liquor that,” frankly ac- [ [ | Colltsion Gendarmes Re of Severa Between Republicans and MADRID, May 17.—A collision bstween | republicans and gendarmes is reported from Valencia in connection with the manifesta- tion In honor of the arrival there of the Republican Deputy enfor Seriano. The gendarmes charged and the republicans used knives and stones An officer was stabbed and many persons were wounded, were made and order was finally After the manifestants had sought at the Republican club. killed ana restored Ploneer Postmaster Dead, SIOUX FALLS, 8. D., May 17.—(Special.) -W. T. Dale, postmaster at Mellette, who two ago, in polnt of service was the oldest postmaster in South Dakota He was over 70 vears of age and served | county as postmester of Mellette almost continu ourly Since the town came into existence In 1882, | me | iBR\'AN WANTS REFERENDUM| | the question of cous | fair to the saloon. | them Fifty urrests | refuge | the saloons of your county will be ¢ | part: | azree with me. | who | belleve | cur party by the liquor | They are willing to act Says Fear of County Option Leads Some to Oppose It. HOPED TO DELAY THAT SUBJECT Belleves Option Instead of Hastening Prohibition Wonld Delay it— Would 1t Defeut J. Bryan, who spoke last evening at | Washington hall, which he rented. himself, told his hearers that he preferred to have y option delayed for two vears, but that he would Insist on the qeustion of the Initiative and referendum belng taken up and considered at once. He declared the liquor interests had de- teated the Initiative and referendum before the last legislature. Mr. Bryan said in Ve might as well prepare for the con- flict and settle now the question whether a speclal pecuniary interest can control the policies of the parties of the states; sllence conventions on important isues and then set up legislatures by secret manipu- lation. 1 for one am not willing that the demoeratic party shall go Into the present campaign us the open and avowed repre- sontative of the liguor Interests. know how many of the democrats may There 1s no way of find- Ing out where our party stands unless a fight is mado, and 1 am willing to be counted as one who protests whether thoge agree with me ¥, 5T that they arc many; in fact, 1 believe that if the matter can be fairly presented to the dewocratic ovters a lar majority will record alterably opposed to are few or man themselves the int as un- domination of ests. At least L will not admit it until we are voted down in the convention or at a prin that a majority o fthe democrats are will- ing to take orders from the liquor dealers | who have a pscuniary intercst in opposing all resirictions and who have in the posed every important effort to limit evils o fthe saloon. The liquor interests op- e have polities, with any party they agaMst any party tley no can control and cannot control “When county option fs county will have the right the subject of saloons and th: not a county In the state saloon Interests would be mit a proposition in line with the argument they now make. They would be willing to ask that a victory against county be construed as a permission to a saloon anywhere and eve less of local sentiment. ounty option the llquor county will be very glad to have it under- ¥tood that any town in the county can adopt a no-license policy in case the county itself does not adopt a no-saloon policy, The fallacq of the argument to which T have referred lles In the fact that the opponents of county option talk of what is The “falrness used by advocate of secured each to vote e is probubly in which the option stablish ywhere regard- When we have interests in each word ought not be an the saloon. ‘“There |s another argument which I heard advanced. Men have told me majority of the people their [ have that a of fore ought not to be disturbed, My answer is that under county option the people of any county can have saloons If they The man who opposes ought to be acked to answer ‘Are you afrald that want optiol tion option sed 2’ punty under county Option and Prohibition, I submit that the people who want saloon ought to be satisfied to retain saloon in countles that want them, without insisting that they shall exist in countles that ure opposed to them. If the liquor in- terests Insist that liquor shall be sold in & even when a majority of the peopls county are opposed to it the the of the then cai (Continued on Becond Fage.) He Tries to Drink Red Pop, Struck Dead by Lightning FORT DODGE, la., May | out their dangers. A freight ployed by a raflway npany a bottle of ruddy strawberry “pop" to his lips while standing In front of a peanut | stand near the depot here lust night, and | was struck dead by lightning The dead man, Joe A year of age, was standing at considerable distance from the bullding or the telegraph poles when a shaft of blinding light, ac companied by a sharp the head handler, em here, ralsed squarely on Anderson opened his eyes wide In terror 17.—(Special gave a swift gla | Telegram.)—Even soft drinks are not with- [ ing th derson, a negro, 24| paled to an ashen shade ce about and ran bottle of red pop far from him. e dashed across the sireet In a direct line heedlcws of all that lay in his path On reaching the opposite side he fell with- out & sound When bystanders dead. The negro's throw- *hed dark skin him he was had visibly through the effect of his sudden sight of the death that over- took him. The siroke of lightning which killed An report struck Inm"dunun was the only discharge of ele l t storip clty which occurred during the slight 1 do not | ry | on | willing to sub- | county | | favored saloons, and that the saloons there- | KERBY ON STAND, TELLS OF LETTER Discharged Stenographer Says He Discussed Lawler's Note with Garfield and Pinchot. APPEARS AS THE FIRST WITNESS ays Thomson wes Slated by Bal- linger as Reclamation Head. TAFT'S STATEMENT IN RECORD Chairman Nelson Presents it to Fed. eral Inquiry Committee. FIRST DUTY TO HIS COUNTRY \ Declares Kerby, Compelled Him acts Which, He Say Chiet Clerk Falled to Do. WASHINGTON, May Kerby, whom Secretary | chargea yesterday for publishing confiden- tial information of the department on the department on the stand today before the Ballinger-Pinchot investigasng committee undertook to justify his action as the ful tillment of a public duty outwelghing the { lovalty he owed to Mr. Ballinger Kerby calmly underwent the ordeal to which the republican members of the com mittee subjected him. He insisted was no impropriety In what he bhad done, declaring that If Secretary Ballinger had responded to the call of Mr. Brandeis for the “Lawler menorandum” it would have been unnecessary for him to have taken the he dld to get the information before the committee, Kerby sald his former chief, ex-Secret Garfield had told him at Gifford Pinchot's home In this city last February that it was his duty to tell the facts It he was called on to do so. It was on that oc- casion, he sald, that he had first told Garfield and Pinchot of the memorandum in the presence of Attorney Brandels to whom he had later mentioned that he knew it Mr. Ballinger's purpose sup- ! plant Dire Newell of the reclama- tion with R. H. Thompson of cattle, 1. ~Frederick M Ballinger there { course or Kerby read leters of Secretary Ballinger to R. H. Thompson, city engineer of Seat- Ue, suggesting that he accompany George W. Perkins of J. P. Morgan & Co., to inspect Alaskan mineral lands, When the first call for the memoran- dum came to the department, Kerby sald, Stenographer Massey, who also assisted Assistant Attorney General Lawler in pre- paring his memorandum for the president, said to Private Sceretary Carr: “You kpow what that means, don't you?" Carr's reply, according to Kerby, was: “Yes, but they'll have a hard time get- Hng it The name of Hugh Ay Brown, private secretary to Diveetor of the Census Dus vand, who formerly served Secretary Gar- fleld In the same capacity, was brought into the inquiry today. Kerby sald he had mentioned to Brown soon after the publi- catlon of the president’s letter exonerating | Ballinger and dismissing Glavis that: “We practically wrote It in the secretary’s of- fice He sald he told Brown In confidence, but the latter mentioned it to Garfleld Kerby declined to agree with enator | Sutherland that he was ‘autlous pa- | triot” in making sure W Job Dbe: fore he risked losing his « Senator Root his questions to the wilncss | ‘Do you think 1t war a reputable transac- | tion,” he demanded, “tu 0 to persons un- friendly to your with contiden- Uikl informati dopartment? 1 did not under clicumstances,"” re- | plied Kerb he had the right |0 any facts that had before | him, | | | 1o was ceuaviy bitter ta of s the country my superior Lawler on Stand, The def: in the Ballinger-Pinchot in- vestigation placed Assistant Attorney Cen- ral Lawler the stand late this after |noon. Mr. Lawler sald that the rough notes of the memorandum were burned by {his orders because he was confident that be had been “gumshoed” for months and he was afraid some one in the department would corrupted as “Kerby has been corrupted.” There was hissing Lawler sald Garfield [ hind the “coriupter Mr. Lawler criticlsed as inequivocal falsehood {in the preparation of hix mamorandum for the prexident that he had consulted ‘a single person under heaven.” Taft Letter in Evidence. President Taft's explanation of the cir cums under which his letter exon erating Secretary Ballinger from the Glavis and dismissing L. R. Glavis was and was presented by Chairman Ballinger-Pinchol iinvestiga when the hearing was re- sumed It will be printed as @ part of the ricord of the commitiee | Mr. Brandels, counsel for Glavis, has lald great ¢mphasis on the president's letter of exoneration and dismissal, contending that the memorandum which it based was prepared In Sceretary Ballinger's de partment by Asslstant Attorney General Lawler. The president In a letter which he rddressed ator Nelson last Sunday says he had Lawler memorandum be fore him w prepared hls communica- tion, but t e alsc nad notes and mem- oranda given him by the attorney gencral, who had agreed with the president in the had veached In the matter. While Commissioner Dennett of the gen- eral land office was under cross-examina- tion last Saturday Mr. Brandels indicated that he intended to ralse the question why the Lawler memorandum had not been fur- hed, together With the other pupers bear- ing on the case, whiéh tie president had It to the committee. A carlon copy of » Lawler memorandum was furnished the committee by Attorney General Wicker- sham colneldent with the publication of the statement of Fredesick M., Kerby, then a tenographer In Mr. Ballinger's office, that he had assisted Mr. Lawler In preparing the document and that it was similar in many to the president's letter. Mr Wickersham sent an explanatory letter to the effect that the document had béen over- looked in previous searchesd of the depart- ment flles. It 18 expected that Mr. Bran- dels will endeavor locate the original memorandum Kerby In First Witness. Frederick M. Kerby, formerly a stenog in Mr. Balllnger's office, who was missed yesterday on the ground that he | on audience when be- in the nd Pinchot were an absolute and the statement thai nces | charg | preparead Nelson to the Ung committec | today | on was | | e the h to at | conctusion he respects (Continued on Page Threa)