Omaha Daily Bee Newspaper, June 1, 1910, Page 1

THE OMAHA BEE s the most powerful business getter in the wesl, because it goes to toe Lomes of poor and rich. THE OMAHA DAILY BEE. XXXIX—-NO. 2 OMAHA, WEDNESDAY MORNIN( * . BUY PLANT n RS 1) v, Omeha Compelled to Pay 86.203,%95| for Water Company Property by Supreme Court. AFFIRMS COURT OF Decision Supports Judgment Lower Tribunal. Litigation in Progress for the Las Five Years. APPRAISEMENT STARTS FIGHT First Conflict Arises Over Property to Be Included. SHIFTING OF VANTAGE POINTS First Vietory to City, Then Company Gains Dec! Arguments Held Last April on Just Confirmed— in Washington. city of purchase WASHINGTON, May 31.—The Omaha will be required to the water works system of the Omaha Water Works company for $6,263.295.49 under & decision of the supreme court of the United States today. The court atfirmed the judgment of the clreuit court of appeals in the matter. The history of the purchase of the Omaha water works embraces a long series of liti- #ation In Its various phases, most of which has grown out of the act of the Nebraska legislature of February 3, 1%3, compelling the purchase of the water works and pro- viding for the creation of the Water board, which should have charge of the adminis- tration of the water works when they became the property of the city. To comply with the mandate of this law, an ordinance was pasred by the city coun- cil of Omaha, March 2, 1%, electing to buy the water works plant under the pur- chuse clause, and directing the appointment of & board of appraisera to appraise the plunt. . One of the appraisers to be -ap- pointed by the clty, a second by the water company and the third to be selected by these two. The appraiser appointed by the city was John W. Alvord; by the water company, George H. Benzenberg, and these two selected Daniel W. Mead us the third member of the board. Under the so-called Howell bill making compulsory the purchiase of the plant, pro- vision was aiso made for the creation of the water board to be appointed by the governor for various terms, two to be ap- poluted each year or until their successors were elected. The first board, consisted of Jumes E. Boyd, T. J. Mahoney, Milton Barlow, I E. Congdon, J. F, Coad and Guy C. Barton. It was under this board that the appraisement was commenced, in May or June, 193, Appraisement Long Drawn Out. The appraisement was long drawn out and Involved considerable controversy rela- tive to the procedure. Carl C. Wright, then city attorney, assisted by John Lee Webster, specially employed as attorney for the Water board, represented the city in the Utlgation. At tne outset the question arose as to the scope of the appraisement, the attorne: Tor the clty holding that it should only n- clude such of the property of the water company that lay within the city limits of Omaha. The Water board contended that the appraisement should embrace the entire plant, including the extensions to Dundee, South Omaha, over the property ot the East Omaha Land company, and the pumping station and filtration plants and settling reservoirs at Florence. T'he question of the “going” value of the plant was also pressed by the attorneys for the water company. The attorneys for the Water Loard held out for the natural deterforation of the plant and its inade- Quacy to fulfil its contract requirements With the growing demands of the city, and the dlsmelination of the water company to enlarge its pumplng and piping capacity, juburbs Are Cousidered, Regurdiess of these objections the ap- Ppralsement continued until matter finally got Into the United States cireuit court and a decree was lssued directing that the board of appraisers should proceed with the appralsement as & whole with separate findings for the plant as lying within the corporate limits of the city of Omana; of those Lorticns of the plant sup- yiying South Omaha, Dundee, East Omaha and thé Florence plants and of the go Vilue. The board of appr its report on July 7, 1908, fixing the ap. pralsement of the entire plant at $6,263,255.4 signed by Benzenbers and Mead, Alvorg withholding concurrence by direction of the Water board's attorney. Immediately following the announcement of the appralsement President Woodbury of the Omana Water company made g formal tender of the entire plant to the city of Omaha and demanded a check for the amount of the appralsement. The Water board went through the form ejecting the uppraisement and ordering €\ appraisement and then of employing T8 to draw Plans for a new plant. On 199, President Woodbury brought the Ing ¥ sers finally submitteq | 9 February Omaha. March works pointed: By Water Board 2 plant 1903—Ordinance and fixing pr John W. waukee. By These Tw July 20, 190 July 7, 1905-—Water board pleting appraisement and asks Danfel W, November 29, 1905—Judge and directs appraisers to make separately, for property in South Omaha, ence and Dundee, and going value. July 7, 1906—Appraisement returned at $6,263,295.49, Water board rejects appraisement and by resolution asks appointment of new board of appraisers. Water company makes tender and sues in federal court for decree of July 29, 1906- specific performance. June 4, 1907—Judge Munger renders decision for city. Water company appeals. April 7, 1908—Circuit court water company. judgment. April 20, 1910—Argument States supreme court. May 31, 1910—United Stat favor of the water company. suit in the United States circuit court for specific performance to compel the clty | and Water board to accept the plant under | the appraisement and to pay for it. The| Water board lawyers argued that the up-i praisement was exc sive, that the mrms! agreed upon by the contending parties were | not complied with and that the finding w reached by only two of the three appraisers and should have been by all three, | On June 29, 1907, a decree was entered by | Judge Munger in the Unlted States circuit court, dismissing the bill of complaint of | the water company. An appeal was taken | to the United States eircult court of ap- peals by the water company, and on April | , 1908, a decree was lssued from that court by unanimous action of all the judges, re- versing the decision of the lower court, du_--} claring the appraisement valld and binding | upon the city of Omaha and requiring the | city to complete the purchase. The water board lawyers made applica- tion to the supreme court of the L‘nlled} States for a writ of certiorari, which 1s | equivalent to an appeal from the decision o | the clreuit court of appeals, and the same | was granted. The case was recently argued | before ‘the United States supreme court by John Lee Webster for the water board and city, and by R. S. Hall and Howard Mansfield for the water company. While the case was still pending in the United States supreme court, the eity of Omaha, on demand of the water board, voted 36,500,000 bonds for the purchase of the plant and extensions. The water company lawyers scored an im- portant point by directing the court’s atten- tlon to the voting of bonds as acquiescence In the reasonableness of the award and recognition of the city's obligation to buy. | DECISION | LIKES LOBECK THE Says it WIll Be a Great Thing for Omaha to Own Its Own Plant, ‘V City Comptroller Lobeck is enthuslastic | for the city taking over the plant just as| s00n as possible. “Take It at once and operate It and make money for the city,” | says the comptroller. “In all cities where the municipality owns the water and other plants they are making money, and we can do it In Omaha. A. W. Jetferis sald, when he heard of the declslon: “It Is just what I expected. But, when you are compelled to buy a lemon at a fancy price, the only thing to do is smile.” Councliman Burmester sald: “Members of the council have no concern of any kina in the matter, other than thelr interest as citizens. Apparently the Water board is the only Lody having any say, either ad- visory or positive. I recall with a good deal of satistaction now the occurences in the council of 1897, when, If myselt and | other members had prevalled, the Water company would now be In the position in which the city finds Itself, except that we would have had possession of the plant as city property for the last two years almost, or since September, 1508. The hue and cry ralsed at that time was frighttul, but events have proved we were on the right track and fighting for a good and proper solution of the question.' John Lee Webster, attorney Water board, sald: “I have nothing say regarding the decision of the supreme in the water works case at this| {time. I have not seen the telegram a nouncing the decision, and hence know nothing about it." LITIGATION Clty Has Pald for Water Board §11%2,- 061 Before First of This Year. The Water board has cost the city, since its establishment, $112,061.39, up to Decem- ber 81, 1909. The cost so far in 1910, as near as it can be figured, is §2,612.4. | Of the total the amount spent for legal services is $62,12247. During the first three years after the board was in existence | the cost of legal services was $15,768.21 In 1907 the legal item was $22,62451; In 1005, | $15,752.75; in 1909, §7.977. The amount thus spent In 1910 is yet to be determined. Since January 1, 16, eleven hydrant bills have accumualted, each one approxi- | mately for M7.62, covering & six months' period. The total hydrant rental to date claimed by the water company Is $22,008.65, of which the city has pald under judgment of the federal court $1Z.98880. Of this, 9,000, approximately, was prineipal and the balance, $28.98, was Interest. The city comptroller has not yet figured the interest | due from the city on deferred payments for | | for the court WATER IS COSTLY (Continued on Second Page.) Water Works Case Chronology 1903-—Nebraska immediate compulsory purchase of By the Water Company-—George H. Mead of Chicago. —First meeting of appraisers. directions as to what should be included June 1, 1908—United States supreme court on petition of Water board grants writ of certiorari. November 2, 1909—City votes $6,500,000 bonds to pay i e e 'MUSTLOWER | today declared to be valid by the Unitea | | States supreme court. | | tined to these cities were unjust and -un- | grouna | derea | allowed to go Into eftect it | Washington, for of legislatura passes law water works by city electing ocedure. to purchase water Appraisers later ap- Alvord ot Chicago. Benzenberg of Mil- enjoins appraisers from com- the federal court for specific Munger dissolves injunction returns as a whole, and also East Omaha, Flor- of appeals renders decision for on certiorari before United es supreme court deeides in THROUGH RATES Supreme Court Upholds Finding of Commerce Commission. CUT FROM RIVER TO RIVER Decislon Affects Tarift on Shipments from Points on Atlantic Seaboard to Points on Missouri—Den- ver Case Also Affirmed. WASHINGTON contested order of merce commission rate between the Mississippi river and | the Missouri river part of the through rate on through shipments origi- nating in the seaboard territory, was| May 31.—The the Interstate reducing the f long Com- elght | as a In 8o holding the lower federal court. | in announcing the opinion, said the court hesitated to be- lieve the commission sought to divide the country into rate zones and neld tnac the record did not show that such had been done, The contist began early in 1907, when shippers, jobbers and wholesalers in Kansas City, St. Joseph and Omaha filed a complaint with the JInterstate Com- merce commission alleging that the rates charged by the carriers operating between points on the Atlantic sea- board and Missour! river cities on traf- fic originating at the seaboard and des- court reversed the vustice McKenna reasonable, After many hearings and several parties had Intervened, an order was issued by the commissgion directing the rallroads doing business between the Mississippi river crossings and the Mis- souri river to reduce their rates as part of the through rate on shipments originating in seaboard territory The rallroads in the west and pers, jobbers and wholesallers in the east, but outside of tne seaboard ter- ritory went into the courts. The circuit court of the United States for the north- ern district of Illinois enjoined the com. mission from enforeing the order on t that it worked dn unjust dis- crimination against the intermediate lo- calities and shippers, The commission and business men in Missour! river cities appealed from the decision of the cireult court, The authority of the Interstate Com- merce commission in issuing the order directing a reduction of the theough freight rates from Chicago and from bt. Louis to Denver, and the valdity of that order was today upheld by court of the United States. The supreme court's upholding the order of the Interstate Commerce commission re- ducing the frelght rate between the Mj sissippl river and the Missouri river as a part of the through rate on through ship- ments originating in the seaboard territory will mean a saving of about $140,000 @ year to the shippers of ¢ maha, Sioux City, Joseph and Kansas City. This is claim of attorneys for the jobbers Attorney John Lee Webster, who re pre- sented the shippers at the hearing before | the Interstate Commerce commission in| Washington about six weeks ago, said that he does not wish to Elve out a statement concerning the matter until he hears direct from Washington, “The shippers state Commerce commission,” said Webster, “to have the rates reduced frelght coming from Chicago sourt river and the request by the comamission. | a ship- | the supreme the petitioned to the Inter- Mr. on| to the Mis- was granted This applied to all of the rallroads and they in turn took the| matter to the United States circult court | In Chicago, asking for an injunction to prevent the ruling of the commission from | Bolng into effect. The fnjunctio granted and the shippers and the Inter. | state Commerce commission appealed the | case to the United States supreme cou asking that the Injunction be remoyed From the brief telegram received by the papers it would seem that the court or. the Injunction to be declared null and vold and the reduced rates to go into effect, but I can not tell the details unti] 1 set first information from Washington “If the case is won In the manner which Indicated by the telegram received in Omaha it will mean a great saving to the shippers of the Missouri river section, Dur. Ing the hearing Edward B. Boyd, assistant | to the vice president of the Goula testified that if the reduced was is lines, rates were would mean a saving of 3140000 to the shippers of Omaha, Sloux City, St. Joseph and City alone.” Kansas W. W. Johnson, assistant general freight agent for the Burlington road, did not care | to discuss the declsion. He sald: *A fellow | doesn't like to any:img against our supreme court. At the same time we don't llke to admit that they are right this particular instance, o our position is on | the fence, and we prefer to say nothing. say n Attorney Willlam D. McHugh, who rep- resented the railroads at the hearing was another silent He confined himself to a single e “I haven't anything at all the matter." say about J lcps-r OF Two BATTLESHIPS 1% 9, the k World. CORPORATION TAX CASE SET upreme Court Decides to Have it Re- argued Next Term. FULL BENCH WILL HEAR IT History and Provisions of Measure that Was Drafted Along Lines that Were Sugmested by Prestded! Lute. WASHINGTON, May 31.-The suoreme court of the lipited States today =et the corporation tax cases for reargument the beginning of the next term before full bench. This action was announced by Chief Justice Fuller today at the conclusion of the announcement of opinions, It will in- sure the participation of Governor Hughes, recently appointed a justice, in the de- termination of the cases. No reason was given for the resignment of the cases unless the statement, “for ar- Bument before a full can Interpreted. The tax is required to be paid by 1. As the constitutionality of the law wil not have been passed upon by that time it Is belleved many complications will arise, at a bench," be so July History of Measure, President Taft is regarded as the father of the corporation tax idea; as represented In this statve. He evolved it during the discussion of tariff legislation and income and inheritance taxes in 108-1909. As a result, congress inserted the ‘‘corporation tax law” into the Payne-Aldrich tariff act passed by congress last summer. It be- came section 38 of that statute. The law subjected to the tax, in a general way, every corporation, joint stock com- pany, or assoclation, organized for profit and having a capital stock represented by shares, and every Insurance company. The tax was designated as “a special exclse tax With respect to the carrying on or doing business' and it was provided that it should be ‘“‘equivalent to one per centum upon the entire net income” over and above $5,000 recelved “from all sources” during the year. There were to be excluded from the in. come, however, amounts recelved as divi- dends upon stock of other organizations, subjected to the tax. Exempted from the tax were certain organizations, such labor, agricultural, horticultural and fra- ternal beneficlary socleties. One paragraph of the law provided for the publicity of the returns required as a basis of fixing the tax The tax was to be pald on or before June 30 of each year and the returns for each year were to be made by March 1. It was (Continued on Page Two.) 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 the house that you do not use? What {s it? It has value. Somebody wants it and will pay for it Call Douglas 238 and de- seribe it to the ad taker and she will tell you what an ad will cost to sell it. as | 1900 000, GOO THE COST OF LIVING 'Louisville Police Have Dragnet Out for Janitor fiore Evidence Connect Him with Murder of Little Alma Kellner. I LOUISVILLE, Ky., May %.—Porsistent questioning uf Mrs. Joseph Wendling, who | |18 held at the police statlon | with having been an accessory to (he mur der of Alma Kellner, the child whose {mutilated body was found in a subcellar |of St. John's parochial school here yeste re |day has falled to shake the woman's first |declaration that she knew nothing about the crime. She adher to her ment that a ring and pin found in a trunk at her |home, both of which have been identified as the property of the murdered girl, wer: Biven her by a boy, and, further, than her admission that she has scen nothing of |her husband, who was janitor at the school, since his dlsappearance on January {14, when he drew $100 from the bank, {will say nothing about him The police weaving chain |ecumstantial evidence about the | sanitor,. for whom they last night t |wide search. Clothing which he |to have worn bears numerous stains which the detectives said were trace of blood. |A hat recovered from an old barrel, where !.\lrs Wendling stated she had thrown |about thé time of the janitor's flight, | bears similar discolorations. The trap door |to the subcellar was so effectively hidden es sta she are a of cir- missing an a is known to no one not most Intimately with the building. The keys to the school building, say the police, were always in Wendling's possession, who was given em- ance of Alma Kellner. Other |that in which the body was |1ts hasty burial was' found | store room | It is beleved the girl was In the school chapel when seized on the morning of De- cember 8, and dragged to a remote part of the bullding. The Kellner family carpet ke wrapped for in the school today offered a re- of the murderer of Alma. Mrs. Wendling was presented in court today and her case continued June 8. She denled all knowledge of the murder. The matter of ball was deferred until tomorrow FORMER GOVERNOR MICKEY IS STILL GROWING WEAKER Slight police Rally iy Succeeded by 1apse, Last - Night Re- , NEB, May 31.—(Speclal T ve OSCEOL ele gram.)— or Mickey's condition is rapldly getting worse. He has been grow- Ing weaker since 11 o'clock last night, and X | | |live through tne day. He rallied | what at about 7 o'clock last night, but the indlcations of any for the better were but slight, He does not recognize any of the family now some- change NEW YORK, May 31.—With | fendants eliminated, but with the interest in the proceedings nhelghtened rather than dtminished by their withdrawal, the resump- | tion today of the sugar conspiracy trial in | the Unitea States circuit court was ac- companied by rumors that the govern ment's long search for men still “higher up” in the alleged conspiracy might shortly | be rewarded. The rumor arose chiefly out | of developments said to have followed the | arrest of James O. B. Rizezenski, the | tormer special treasury agent, on & charge of perjury in connection with the sugar | cases. | As the result of pleas of guilty last ¥ three i the doctor says he can hardly be expected to | | Mrs here charsed | | by it also | |that its existence could have been known | acqualnted | ployment one month before the disappear- | | wara of $1,000 for the arrest and conviction | until | | ently e ————————————— WEATHER FORECAST raska—1 her it cool continued report sce Page DOXEYS HAVE TWO NAMES Physician and Wii;;liegister at Hotel as Mr. and Mrs. Erder. Secured that Seems to | MRS. DOXEY WILL TESTIFY TODAY ividence Shows that Defendant Had the Part of Erder’ Insurance Paid to Her Greater Husband ST. LOUIS, May 51.—How Doxey and her husband stopped at the Moser of “L. B. Erder and wife” and mail under the names of both Erder Doxey within a few days after Mrs had recelved $2,500 insurance on life and had given Doxey $1,80 of told by Clerk Harry Thomure today Jury In Mrs, Doxey's trial for murde; ‘I suppose,” the hotel clerk quote defendant as ha said to him, “‘that clerks think it funny that we register der the name of krder and under the name of Doxe cause did not want Know our business.” Mrs. Theresa Schwartz, who nursed M Doxey after Erder's death, taken to Mrs, ‘s Dr. Doxey, whom Mrs. to the Mrs, Dora Loren B. Doxi hotel under the names ¥ received and Doxey Erde it avas to the the you un- recelve mall We did that some people we to said at she was the hotel sald, dc- cousin, Doxey's room Do cording was witness, her flaren Are Judge Grimm, at the beginning of the sion, enforced a ruling which bars children and young girls from the court room.. Mrs. Dora E. Doxey will be a witness in her own behalf, probably tomorrow, accord- ing to an announcement made by her chief counsel, former Lieutenant Governor Charles P. Johnson, today. She will testity, sald the attorney, that she was a slave to morphine, as the result of the administra- tion of the drug to her by her husbang, Dr. Loren B. Doxey. She will further declare that she nothing of the arsenic found in the ach of Willlam J. Erder, cused of having murdered by polson after bigamously marrying him, for the purpose of collecting his $2,600 insurance Her testimony will show," sald Johnson, ‘that she loved Erder. It Erder had only set his foot down when she first talked of going away and had forbidden her things might have resulted to knows stom- whom she is ac to go, very differ Two testify doctors for subjection from Columbus, Neb. the defense as to Mrs. to the morphine habit will Doxey's Dr. Doxey Gets Money, Doxey got for herself $850 of Erder's Insurance, as "Was by The balarce to put into the checks to Dr. Doxey. additional sum of $00 collected on the affidavit that widow was paid because rder's sister Henry Nleman, cashier of a Doxey obtained the returned Mrs $2,500 witne shown today shown of 8 was have been payable The Mrs. Doxey Erder's form by she was of th death bank wher checks, sald Mrs, to the bank the next day check made from one she Doxey and had a new ntinued (« on Second Pa Long Search for Sugar Men “Higher Up” Bearing Fruit day trial, by the thr there @ government checkers on ramained the big R. Helke, secretary American Sugar Refining company of his subordin man In the of the and two Ernest w Gerbracht, superintendent of the company's Willlamsburg refinery, and James F. Ben dernagel, the rafinery cashier thelr to 158 the Indictment were denied by Judge Martin after the jury had been excused on the ad to today and the taking, of in thelr behalf followed formal opening the defense was expected t well under way before the day's sesslon was over, case, Charles tormer es, counsel dis djournment over testimony Motlons of COPY TWO CENTS. B —— 'WICKERSHAM | FILES RATE SUIT ‘Anorncy General Seeks to Enjoin the Proposed Raise of Freight Tar- iffs by Western Lines, |CONFERENCE AT WHITE HOUSE ‘Declsion is Reached After Long Talk with President Taft. SHIPPERS PRESENT THEIR PLEA | |Large Delegation and Several Con- gressman Call on Wickersham., LA FOLLETTE HAS RESOLUTION | Wisco “in & v, Address, Says f Advance Now i to Dextroy B Any Bffeet Rallrond Might Mave, Mo, May Dyer toni A ilronds HANNIBAL, District Judge aini Traffic United States granted an or members of from allegin ispiracy special &pecial Wi rest the putting treight an unlawful as filed by el, and assistant to ern association effect a g in petitior con Fred Edwain P, Atte Lination N and ¢ W rick Judson, oun; Grosvenor General ney Wickersham, WASHINGTON, May ¢ White Hcuse conferene ttween the g Wickershan A declision at this morning be- nd Attorney neral institute at once Injunc dings, probably at St. Louis “u--.mw the Western Tratfic ussoclation to prevent a gereral increase In freight rates | tomorrow preceded by but half an hour the introduction in the senate u resolution by Senator La Follette declaring it to be the f that that such an In- Ju tion suit should be brought Nene of the senators in the chamber when Mr. La Follette put In his resolution of the clslon already reached. ator Crane of Massachusetts, who saw president at the conclusion of the con- with the attorney general, was the t to take the news to the capitol, ator La Follette was evented from {making a speech in support of his resolu- {tion by the determination of Senator Elkins {to cail up the raflrcad bill for immediate consideration Attorney Al Wickersham, afler at- tending the sitting of the United States jsupreme court, had a serfes of conferences | with senators and it was decided that Sen- ator Curtls of Kansas should make the re- [ply-to Senator La Follotte, It the resolution shoald again be called up. | Shippers See Wickersham, | The decision to institute Injunction pro- cecdings followed u conference in this city terday between Attorney General Wick- <ham and g commitied répresenting ship- 18, consumerss and producers in the terri- tory affected by the proposed Increase in rates. This committes was accompanied to the Department. of Justica by Senators ]l lapp of Minnesota, Cullom of Ilynois ana { Warner of Missouri ana Representatives Nye of Minnesota, Hitehcock and Norris of Nebraska, Hubbard of lowa, Madden of llmnnh and Stafford of Wisconsin, The | committee protested vigorously against the ! proposed increase. The Wisconsin senator presented his first {resolution, which wus a mere declaration {Purporting to give the views of the senate, {1t went in as a part of the routine busi- ness, but when he requested present con- {sideration of it, objection was volced by | Senator Elkins, | Mr. La The resolution announced exident 0 sense of bhody ew | Genes er | ette’s Resolution. recited that the railroads 4 general advance in all class and commodity rates, and after pre- senting several other considerations by way of preamble, proceeded: “Resolved, That it Is the senate that the attorney 1 at once hi sense of the general should to Institute actlons enjoin- Ing such advances as has been and may be filed with the Interstate Commerce com- mission, and should also institute prosecu- tions of the railroads filing such rates as |being in violation of the act of congress approved July 3, 15%, entitled an act to {protect trade and commerce against un- lawful restraint and monopolfes,” Senator LaFollette ' said he had Intro- duced his rate resolution because the in. creases to be made by the:raflroads, ran, Ing, according to his estimate, trom 5 to per cent, would impose intolerable burdens |on the people. He declared that the ex- jcuse that the increases were made because of udvanced wages umounted to “mere pre. tenso” and the higher rates would resuit annual profit to the rallroads of from 3400,000,000 to $800,000,000.. Ho believeq that that the rates would take |effect tomorrow was for the purpose of ‘beating out” the raflroad bill with g | probable profiibftion against rates being advanced without the approval of the Ine | terstate Commerce commission, WIIL Be Flled in $t. Louls. It is generally belleved the sult against | the railioads will be instituted at St as the most central point | proc the notice Louls The detalls of | proceedings were left by the 1t entirely in the hands of Attorney Wickersham and the Department of Justice officials. Mr. Wickersham's con | ference with the president was & hurried one. but it is understood the matter was | discussed at some length by the president [ 8t the cabinet meeting this morning, | President Taft regards this situation as | renewed evidence of the importance of the | Provision in the administrative ratlroaa by now pending In congress, which it enacteq Wil glve the Interstate Commerce Gommis. | the right to siispend for sixty days | & proposed increase in rafiroad rates [MINNEAPOLIS BANKER 1§ | CHARGED WITH SMUGGLING | | New 15 waid ) dent of Minneapolis | General is sion Lyon In Accused of Attempting YORK May 31.—H president R. Lyon, wha A vice pres| banks and corporations fn Minn., was held today on the muggling two pearl necklace and gold watch, severnl n a brooeh higan, Mrs. Elizabeth B neral Custe the will leave town 1o the birthplace of monument in by YORK widow Ma of famous Indian fighter night for M Mich her husband, where a memory lled by noxt Sat- Taft will attend the and will make an addresm will b ay. Preside |eexemony