Omaha Daily Bee Newspaper, April 24, 1915, Page 8

—_— i ¥ | i i H !mnml being between Grand Island {and North Platte GENEROUS RAIN [z SOAKS THE STATE 5 5 5 FE e o heavy around Madrid there was fully an inch, it fol From One-Half to an Inch Over All lowing & two-inch rain Thursday. Up THE BEE nothing more—United States against Sing Tuck 194, U, 8. 161, 168) that | calls for a resort to the local appel- late tribunal before coming to the | courts of the United States for a writ {of habeas corpus, when, as here, that |resort has been had In vain, the OMAHA, SATURDAY, APRI M. Frank are Petitions for CEmency for Leo and Many Volunteers are Asking L 24, 1915, » in Circulation’ | highest court in the United | forum, one which may wholly ignore and hence cast disrespect upon all the courts, J. F. HANSON, the lan States supreme court, a form of recall that is dlametrically contrary to principles which The Bee tinguished editor have o stood ont against. The action by the federal supreme court in this case was no mere perfunctory nor technical one, the strenuously OF THE SALVATION ARMY e | CLERK LEAVES WITH MONEY ™ Points' West of Fremont and and down the valley of the Republican there was generally around three-fourths to an inch, with one and one-half inches at Red Cloud. Through the southern tier Ashland Thursday Night. GREAT HELP TO THE CROPS Practically all of Nebraska, ac- cording to morning reports to the Union Pacific, the Burlington ani of counties in the state the rainfall ag- gregated an Inch or more, with about the same precipitation up through the #and hill country and all the way through |to the Wyoming state line On the Northwestern the rain was gen- eral all the way from Fremont up the power to secure fundamental rights that had existed at every stage be- {comes a duty and must be put forth Jury Atfected by Mobh Spieit. “The single question in our minds {18 whether .. petition alleging that the trial took place in the midst of a mob savagely and manifestly intent on a| | single result is shown on its face un- for Them. A good start has been made with the circulation of petitions pre- pared by The Bee asking the governor of Georgia to save Leo M. Frank from the death penalty, and a number of volunteers have already applied for blanks. The first request of this kind came fl'om; | Arthur F. Geyer, 2320 Dewey avenue, shortly after the paper con- but entered into the merits of the case, and found that no legal rights of the de- | fendant had been dented him. The Bee and some other papers are considering in this case the newspaper Frank Brown, who has been night clerk at the Salvation Army Industrial :Tome fo1 the last winter, disappeared from that | juetitution Thursday night, as did alse $2 belonging to the Army. | | Blkhorn and Niobrara valleys and into warranted by the Northwestern, was given a thorough | .. piack Hills wetting Thursday and while no lo- cality was suffering on account of moisture, it is contended that the rain will be of great benefit to the winter wheat and the pastures. Along the Union Pacific, from Fre- mont as far west a8 Cheyenne, Wyo., there was a general rain, beginning in the evening and continuing until | well into the morning. The precipi- tation ranged from one-fourth to one | end one-fourth inches, the heaviest | specifications, vwhich may be presumed to set forth the strongest indications of the fact at the petitioner's command. This is not a matter for polite presumptions: we must look facts in tne face. Any Judge who has sat with juries knows | that in spite of forms they are ex-| tremely likely to be impregnated m*‘ the environing atmosphere. And when we find the judgment of the ex- at that. The first ten-pound box was | Pert on the spot, of the judge whose ! sold by the Young-Burke Commission [business it was to preserve not only | company to Courtney & Co. It came from | form, but substance, to have beon North and west of Nor- folk it rained all last night and in most | 1ocalities was still raining this morning. The precipitation is estimated to have been an inch or more. FIRST CHERRIES OF THE, SEASON ON THE MARKET California cherries at $1 a pound are now on the Omaha market. The price is accounted for by the fact that they are the first of the season, and extra cholce Zaccaville, Cal. that if one juryman ylelded to the Text of Dissent by and Hughes in the Leo Frank Case The text of the dissenting opinion in the Frank case, delivered by Jus- tice Holmes, follows: “Mr, Justice Hughes and I are of the opinion that the judgment should be reversed. The only question be- fore us is whether the petition shows on its face that the writ of habeas porpus should be denied or whether the distriet court should have pro- ceeded to try the facts. The allega- tions that appear to be material are these: “The trial began on July 28, 1913, at Atlanta, and was carried on in a court packed with spectators and sur- rounded by & crowd outside, all strongly hostile to the petitioner. On Saturday, August 23, this hostil- ity was sufficient to lead the judge to confer in the presence of the jury with the chief of police of Atlanta and the colonel of the Fifth Georgla regiment stationed in that eity, both of whom were known to the jury. On the same day, the evidence seem- ingly having been closed, the public press, apprehending danger, united * in a request to the court that the pro- ings should not continue op that evening. Thereupon the court ad- _ journed until Monday morning. " “On that morning, when the sollci- violence it ,‘Mmhnafllzulor-dh- - agreement, and that it would be safer - for not only the petitioner, but hLis counsel, to be absent from court " when the verdict was brought in. At sent, and they kept their word. When the verdict was rendered, and before more than one of the jurymen had been polled, there was such a roar of applause that the polling could not go on until order was restored. The " nofse outside was such that it was jury. That question ‘was apparent in the form of the trial and was raised by the application for & writ of error; and although, after the application to the full court we thought that the writ ought to be granted, we never have been im- pressed by the argument that the presence of the prisoner was required by the Constitution of the United States. But habeas corpus cuts through all forms and goes to the very tissue of the structure, It comes in from the outside, not in sub- ordination to the proceedings, and, although every form may have becn preserved, opens the inquiry whether they have been more than empty shell. ““The argument for the appellee, in substance, is that the trial was in a court of competent jurisdiction, that it retains jurisdiction, although, in fact, it may be dominated by a mob, and that the rulings of the state court as to the fact of such domination can- not be reviewed. But the argument seems to us inconclusive. Whatever disagreement there may be as to the stope of the phrase, ‘due process of law,’ there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard. Mob law does not become due process of law by securing the assent of a terrorized jury. We are uot epeaking of mere disorder or mere irregularities in procedure, but of a cise where the processes of justice are actually subverted. In such a federal court has jurisdic- The fact that Jjurisdiction and s otherwise a com- court does not make it impos- reasonable doubt that ne himself Iater expressed in court as the result| of most anxlous deliberation, neither prisoner nor counsel would be safe from the rage of the crowd, we think Justices Holmes | to be members of the same alumni as- | 10W: | Cornell men here and they are remlyl‘ taining the plan was off the press. | As a graduate of Cornell, where, press throughout the nation takes up |hn\ Frank was also graduated, .lnmes"“‘l"' as you have done, it ia certain to | Richardson, former member of lhe!:yl SR 1 S bt o Dot School board, has written to fifty-| R. 8. WILLIAMS, two Cornell alumni in thig locality to 218 Logan Street enlist their interest in the movement.| But one protest has come in, which ““Understanding the situation which | Ve herewith print, although the ob- | exists at Atlanta,” sald Mr. Richard-|jection is fully answered by the dis- son, “it is easy to comprehend why Senting opinion of the minority of the| this effort should be made for Frank, Supreme court, Justices Holmes and | regardless of the fact that we happen | Hughes, which will also be found be- FREMONT, | Editor of The Neb, April 22.-To the Bee: The consplcuous campaign in your paper for the freeing and willing to assist in asking for| of Leo Frank in Georgia is not creditable clemency for Frank.” to The Bee nor to the Jewish race, as A sample of many letters that are | '®Presented by men like Rabbi Cohn. In| the case of the latter it is clearly a coming to The Bee is the following: soclation. I have talked to several the presumption overwhelming that | sible to find that a jury has been sub- | the jury responded to the passions of jected to intimidation in a particular | the mob, ! case. The loss of jurisdiction is not| ‘“‘Of course, we are speaking o;lly,‘ general, but particular, and proceeds ) of the case made by the petition and | from the control of a hostile Influ-| whether it ought to be heard. ence. allegations of this gravity in our “When such a case is presented it|opinion it ought to be heard, what- cannot be sald, in our view, that the|ever the decision of the state court state eourt decision makes the mat-|may have been, and it did not need | ter res judicata. The state acts|to set forth contradictory evidence, or ‘when by its agency it finds the pris-| matter of rebuttal, or to explain why | oner guflty and condemns him., Wa|the motions for a new trial and to| have held in a civil case that it {s no|set aside the verdict were ovcrruled} | Leo M. Upon | = Of| ugainst Conley, March 8, 1915, defense to the assertion of the federal right In the federal court that the state has corrective procedure of its own—that still less doeg such proce- dure draw to itself the final determ.- nation of the federal question: Simon against Southern Rallway Company, 236 U. 8. 115, 122, 123, Duty Imposed on Court. “We see no reason for a less Iib- eral rule in a matter of life and death. When the decision of the question of fact is so interwoven with the decision of the question of con- stitutional right that the one necer- sarily involveg the other, the federai court must examine the facts: Kan- sas City Southern Rallway Company against C. H. Albers Commission _CODM, 223, U. 8. 673, 091; Nor- tolk & Western Rallway Company Oth- erwise, the right will be a barren one, . "It 1s significant that the argu- ment for the state does not go so fa* as to say that In no case would it be permissible on application for habeas by the state court, ¥ | ‘“There 1s no reason to fear an Im-! pairment of the authority of the state | to punish the guilty. We do not think it impracticable in any part of | this court to have trials free lromi outside control. But, to maintaln this immunity, it may be necessary | that the supremacy of the law and of the federal constitution should be vindicated in a case llke this, It may be that on a hearing a different complexion would be given to the judge’s alleged request and expres- sion of fear, “But, supposing the alleged facts to be true, we are of opinion that, if they were before the supreme cour:, it sanctioned a situation upon which the courts of the United States shoulq act; and if for any reason they were not before the supreme court, it is our duty to act upon them now and to declare lynch law as little valid when practiced by a regularly drawn Jury as when administreed by one hyphenated American agitation, such as COUNCIT, BLUFFS, Ia., April 22—To | the country has recently seen other dis- the Editor of The Bee: You are to be | agreeable illustrations of, regardless of | commended on your appeal In behalf of | their effects on the institutions of the . country. Frank. It is | eivable th - s incopcetvable that:| “grygi’gige 15 The Bes now dofg but the people of the country will aliow this | lending itself to a recall-a newspaper thing to take place, and if the powerful Spring Money Saving ImngShoe Sale 11 the mew spring styles for women in :“mpl, oxfords, high shoes, including the new colored tops, in gun metal, patent 2.45 Men! Supreme Values for You Brand new styles in high shoes and oxfords, every pair worth trom $3 to $6 per pair, during this sale $2 .45, 52.95 your cholce at .. All Men's Elk O b Mail Orders Filled Same Day As Received, and We Pay Parcel Post. Loyal Shoe Store : Loyal Hotel Building 16th and Capitol Ave., Omaha recall of a decision and that, too, of the |l o $3 and $5 Hat That’s the Milliner’s Secret. Trimmed with flowers, wings artd 02 Now the first lot contains hats worth §10, $15 and even more dollars than that. 2, 3 and some would say 4 times that price. Come early; the sale starts at 8:30. Here is one place where the race is to the swift. Do you remember Dickens' story of Sarah Gamp’'s false hair. “It was wrong to call it false,”” he said, ““for in truth it deceived nobody.” The fairy stories which you read nowadays deceive very few. No deceptions ever practiced in this store of yours. elected by a mob intent on death,” Sale Saturday Why is it that some women are so much more youthful looking with a hat on than without? HATS to SELL at EACH Most of these are a very special purchase just in. Similar in style and character to those admired so much and sold so freely at Eas- ter time. White Milans, Hemps, Leghorns, Sand Shades and Blacks. ribbons. Pretty trimmed hats in blacks and colors—a most unusual offer- ing so early in the season—but there is a special reason and an import- ant object to be gained. Too long a story for now—of more interest to you will be the price. ON SATURDAY— corpus to override the findings of fact by the state courts. It would, indeed, be a most serfous thing If this court were to so hold, for we could not but regard it as a removal of what is perhaps the most Important guaranty of the federal constitution. If, however, the argument stops short of this, the whole structure built upon the state procedure and de- cisions falls to the ground. ““To put an extreme case and show what we mean, if the trial and the later hearing : before the supreme court had taken place in the presence s “1of an armed force known to be ready to shoot If the result was not the one desired, we do not suppose that this court would allow itself to be si- lenced by the suggestion that the ruc- ord showed no flaw. To go one stop further, suppose that the trial had taken place under such intimidation and that the supreme court of the state on writ of error had discovered no error in the record, we still imag- ine that this court would find a suffi- clent one outside of the record and that it would not be disturbed in its conclusion by anything that the su- preme court of the state might have said. ““We, therefore, lay the suggestion that the supreme court of the state has disposed of the present question by its judgment on one side, along with the question of the appellant': right to be present. If the petition discloses facts that amount to a loss of jurisdiction in the trial court, jur- isdiction could not be restored by any decision above. And, notwithstand- ing the principle of comyty and con- venience (for in our opinfon it is PIMPLY? WELL, DONT BE! People Notice It. Drive Them Off With Dr. Edwards’ Olive Tablets, A pimply face will not embarrass you much longer If you get u package of Dr. Bdwards' Olive Tablets. The skin should begin to clear after you have taken the tablets & few nights. Cleanse the blood, the bowels and the liver with Olive Tablets. Dr. Edwards' Olive Tablets are the Successful substitute for calome) — there's never any sickness or pain after taking them. Dr. Edwards' Olive Tablets do that which calomel does, and just as effec- tively, but their action is x?nllo undl safe (nstead of severe and irr tating. No one who takes Olive Tablets is ever cursed with “a dark brown taste, ' , hrd breath, a ‘*ll. listleas, “no good" celing, constipation, torpid liver, bad disposition or pimply face T, '\rd.-' Olive Tablet. pure- ly vegetable compound mix olive oll, you will know them by their olive color. Edwards spent years among pa. and wel are the Dr. tlents afflicted with ilver ts and Olive Tablets 1&“" effect! It. ive result, one or two nightly for a week. 00k 3 . ON SATURDAY WILL END THE SKIRT MAKING FOR $1.00. Hundreds upon hundreds of de- lighted customers testify to the sat- isfactory cut, work, style and finish of our MADE TO ORDER SKIRTS Not every woman likes to be dressed like some other woman, and #o0 such opportunities as are offered in this made to mcasure movement is welcomed hy particular dressers. You have our large and well se- leeted stock of Dress Goods to choose from. Prices low as usual. You pay only for the exact length re- quired, First to order, first to get. Cannot promise deliveries now he- fore May 15th. This is the last chance to get under the wire at THE ONE DOLLAR PRICE ONE WEEK more of SUIT and COAT making. Coats made for $6.60, Suits made for $18.00. At Glove Section we have opened up 40 Dozen Pairs of Choice Kid Gloves of all colors. Saturday 98ec. Unmatehable, we believe, below $1.256 PER PAIR. Elbow length Silk Gloves, im- ported, T9¢ and 98c. MRS. JONES is back from NEW YORK CITY! There is much sig- nificance in this announcement. Her long general experience East and West makes her counsel of great value. Good judgment and good taste are hers also. Many of her purchases are in. Oh, My! is a fre- quent exelamation from those who have seen the Beautiful New Blouses, New Suits, New Dresses. Reminders of Fifth Avenue, good dressers say, Many of the Garments enumer- ated helow are shown for the very first time in ANY RETAIL STORE, OREPE DE CHINE BLOUSES All the most popular colors and shadings —Maize, Flesh, Cream. All the appearance and chicness of a $6 garmeut. Saturday, $3.75. THE BEAUTIFUL NEW SUITS Look carefully through the new suits. Many in material, make, ete., fitted to go into the $40.00 class. Saturday, $25.00. THE SEPARATE SKIRTS Skirts of the faunltless fabric, Rampoer Chuddah, with the flare Tunie. Saturday, $5.00. OHILDREN'S AND JUNIOR SECTIONS! Children’s Cotton Dresses. The very thing for school wear, and so comfortable, clean and useful for the hotter days. Ginghams, Percales, Etc., usually $1.50 to $2.00, Saturday $1.29. A Junior Sunit made from New Stylish Practical Tweeds. This sume cloth we have sold in suits at $25.00; Saturday, only $10.00. AND HERE'S A BARGAIN IN DRESSES-—Some are Silk. Some are Linen. Some classed as Lingerie. Whatever the material, they will sell Saturday at $2.98 EACH. Many were $10.00, CHILDREN’S HOSIERY. For a long time we have sold Pony Stock- ings for Children, made by the Wayne Knitting Co. of Fort Wayne, Indiana, If your children have worn | Saturday will be another great day = this brand no argument is neces- sary. We have demonstrated their value and wearability. The makers have sent ug a lot of Kaleidoscopes to give to the children. Very inter- esting to look through these and witness the various geometric fig- ures and changing colors. One given freely with every purchase of Pony Stockings Saturday. WOMEN'S HOSE The Wayne people guarantee 4 pairs of Stockings for 4 months and the price is $1.00. Their guarantee is hacked by us and is absolutely good to you. Another Wayne number is No. 789, Pure Silk, 76¢ pair— WAYNE WEARABILITY and they are heautiful also. MEN'S UNDERWEAR — Com- plete assortments of spring weights, now shown. Various shapes Union Suits, knee and ankle length, long and short sleeves, $1, $1.50 and $2. All the livelong day we’ll have a Tie Sale. Ties with flowing ends— of superior silk—the designs very good. A regular 50-cent tie; your choice on Saturday at 25 cents each. Lively doings in the Basement Salesroom — Gathered together in one big showing you will find Print- ed Plisse, Sheeron Mulls, Lace Cloth, 32-inch Scoteh Gingham, Japanese Crepe and a new cloth. Many of these sold as high as 25 cents a yard. Full length perfect goods. On Saturday 1234¢ a yard. You won’t care much whether the maid breaks the Cups and Saucers or not. Read what comes next: Two tables covered with Plates, Cups Let Our Artists Put You in That Class $5 $3 The $3.00 lot embraces hats also worth Kilpatrick’s and Saucers, Dishes, Jardenieres, ete. Saturday in the Basement—- your pick at 10¢ each. SECOND FLOOR UNDERWEAR SECTION Sale of New Gingham and Seer- sucker Petticoats. Right dainty and sensible for use under the summer dress. Priced from $1.00 up. Low Necked Summery Night Gowns — Made from soft, light* weight fabrics, trimmed in the pret- tiest style—made to retail at $2.00, Yours on Saturday $1.39 each. Special Handkerchief Sale for Men. Paore linen. Not more than 12 to a customer, 714 cents each. Linens of all kinds are higher and still elimbing. 125 dozen All Linen Handker- chiefs for women—initial and plain hemstitched—3'2¢ each, or 40¢ for a dozen, At Toilet Section—A 50.cent jar of Palm Olive Cream and 3 cakes of the celebrated Palm Olive Soap, all for 39¢—value, 75¢. Madame Isebelle’s Face Powder at 29¢ a box. The regular price is 50c a box. We commend Mr. Gillespie’s letter on 6 o’clock Saturday closing to the Retailers’ Association. Surely now Omaha has gotten out of her swad- dling clothes. Are we still a village? Perhaps it’s love of the Dollar, Wonder if it’s consideration for the working man. Dear reader, you and the rest of the dear public can give this boon to those who work in stores if you will. Do you caret o