Omaha Daily Bee Newspaper, June 10, 1915, Page 1

The unrivalled special feat- ure pages of The Sunday Bee are in 2 class by them- selves. Best of them all. ——— VOL. XLIV- NO. 306, OMAIIA, THURSDAY 10 MORNING, JUNE 1¢ A DAILY BE THE WEATHER. Showers 15 -TWELVE PA( SINGLE COPY TWO CENTS. GEORGIA PEN BODY REFUSES 70 URGE y¢ MERCY FOR FRANK Prison Commission Will Not Recom- mend Clemency, but Decision is Not Binding Upon State’s Governor. | GIVES REASONS FOR ITS ACTION Majority Report Sets Forth Why Appeal for Commutation of Sentence Unheeded. VOTE OF BOARD IS TWO TO ONE ATLANTA, Ga., June 9 — The Georgia prison commission today de- clined to recommend to Governor Slaton a commutation of the death sentence of Leo M. Frank, convicted of the murder of Mary Phagan. . bnding on the governor, who, it was stated, will conduct further| hearings before making his decision. Vote Two to One. The commission decided against clem- ency by a vote of 2 to 1. Commissioners ¥, 1. Rainey and R. E. Davidson voted against a recommendation for clemency and Commissioner T. B. Patterson voted in Frank's favon The majority of the commisaion saids “Nome of the grand jurors who found the indictment) none of fhe trial jurors who heard the evidence under oath, mor the prosecuting attorneys have asked that the sentence be commuted.4 The judge who presided at tho trial and who had the right to exercise the discretion of fixing the penalty of life imprison- ment or death, imposed the latter sen- tence and overruled a motion for a new trial, [\ | | ‘Appeals Dented. “feveral appeals were taken to both the appellate court of tho state and the supreme court of the United States, all { of which were denied and the Judgments ; of the lower courts affirmed, thus as- suring the defendant of his legal and constitutional rights under the laws of the land. It further appears that there has been no technical proposition of law or of procedure that has prevented the petitioner from having his gullt or jnnocence passed upon by a jury of his peers and by the highest constituted ap- pelate authorities and no new evidence or facts bearing upon his guilt or {nno- ence having been shown, We see no reason for taking his case out of the ordinary rules of law and justice and feel constrained mot to interfere Wwith the enforcement of the orderly judgment of the eourts. Mr, Pettepson Dissents. Patterson in his dis- senting report sald: “It we take the evidemoe outside of that of Conley and Frank we find Frank and Conley had equal opportunity and motive for committing the crime with the possible added motive of robbery on the part of Conley; that Conley wrote the notes found by ‘the bedy; that Conley made several conflicting affidavits as to his connection with the crime and that Conley in making these statements was trying to protect himself.” Mr. Patterson referred to the late Judge Roan's letter, saying that after “months of continued deliberation” he still was uncertaln of Frank's guilt and continued: “In my investigation I cannot find where the executive has allowed a man to be hanged when the trial judge was not satisfied as to his gullt and so com- municated to the governor. In addition {o the doubt of the trial judge we have the faot that two justices of our supreme court say in their opinion this applicant has been denied a fair trial’ Bryan Failure as Diplomat; Cummins H BUTTE, Mont, June O.—"Becretary Bryan as & diplomat has been a failure,” was the statement made here last night by Senator A. B, Cummins of Iowa in commenting on Secretary Bryan's resig- nation from the cabinet., Semator Cura- mins oriticised Mr. Bryan for resigning from the cabinet at a critical time in the country’s international relations. Bemator T. J. Walsh expressed resret that Becretary Bryan saw fit to resign. The Weather. cast till 7 m. Thursday: ;:;‘Orndu (‘nfincll Bluffs and Vicinity ~—Showers; slowly rising temperature. at Omaha Yesterday. Temperature o cstom] TEPPFTEY Lowest yesterday {Mean temperature. {Precipitation .. ‘Temperature and preci tures from the normal: Normal temperature ficlency for the day. al deficlency since 01 | precipitation. clency for the tal reinfall since M iclency since Mareh 1 ficlency for cor. period Excess for cor, period, 1913 .11 inches Reports from Stations at 7 P, M. Btation and State Temp. High- Rain- of Weather. 1p. - % fall enne, P Davenport. ver, clear.. Moines, clear. Dodge City, clear....... North Platte, raining. Omaha. cloudy Rapid City, cloudy, Sheridan. cloudy Sioux City, cloudy Valentine, cloudy indicates trace of L A WELSH March 1. s " & " » T recinitation ocal Forecaster. The commission’s decision is nnti BRYAN ADHERENT Practically Only Man Who Publicly Sides with Nebraskan in Washington Press. TALKS OF STATE CONTROVERSY |c (From a Staff Correspondent.) WASHINGTON, June 9.—(Spe- cial Telegram.)—With Mr. Bryan | out of the cabinet, what will be the | status of Senator Hitchcock with the | administration so far as Nebraska patronage goes? This question was tage, However Senator Hitchcock has on certain measures, must be plain to every careful observer that the presi- dent has never regarded Mr. Hitcheock exactly as he did, say, Reed of Missouri or O'Gorman of New York. “As & matter of fact, in the distribu- tion of patronage in Nebraska, Mr. Hitch- cock has obtalned heretofore distinctly the advantage over Bryan, and from now on he will get pretty nearly what he wants. It I8 no secret that President ‘Wilkon likes Hitchcock, and he under stands very well that in spite of all that may be sald and In spite of all Hitoh- cock may have done, the Nebraska sen- ator is not really a reactionary. “Whatever differences there have been it braska senator, it is plain that he is in & different position from that held by some other anti-administration men. I don't look for a speedy settlement of Nebraska patronage, but I expect a gradual disposition of the difficulties, and If Senator Hitohcock were to wire me today an for one of the federal job ska T would feel like padking fiy trunk and hastening to the greatest state in the union, prepared ‘to draw my pay like a thoroughbred’ and spend it to my entire satisfaction.” Mr. Metoalfe, who arrived in Washing- ton & few days ago on business connected with his newspaper enterprise, could not have been more universally sought for when the resignation of Mr. Bryan was announced last night than if he had been governor of the canal zone, with the un- Questioned backing of the secretary of state. ‘This morning the newspapers generally printed an interview wit hhim in which he clearly took the side of Mr. Bryan, although, as is well known, there had been a distinct estrangement between the two old-time friends for some time. Generally . the newspaper editorials and interviews this moming condemned Bryan, but ‘“Met’s” Interview was the one bright spot for the former secretary of state, so far as the newspaper pages are concerned, Speaking tonight at the Fbbett house, Mr. Metcalfe said: “The resignation of Mr. Bryan is of the most tremendous Im- portance. Eastern newspaper editors and politiclans, who are proverbially pro- vineial, imagine that with Bryan's resig- nation they have swept him from public Nfe. In all lterature there is nothing more Interesting than Thomas Jeferson's satire on ‘The Antics of Kings,’ but if Jeferson had lived to this day he would have died from side-ache in the reading of some of the opinions expresed by so- called statesmen and editors who cannot see, 8o far as public sentiment is con- oerned, beyond the ends of their moses. *“In Washington th ‘erage man over Bryan's resignation is saying In effect, ‘Good riddanceto bad rubbish.’ “Bryan is one of th estrongest indi- viduals in all the world today and be- cause of his personal merits he is secure in the affections of the homes of Ameriaa.* After paying a sincere compliment to both Brvan and Hitchcock as the out- growth of questions by The Bee corre- spondent, Mr. Metcalfe touched upon the purely personal side of his relations with these two well known Nebraskans by statina: “Thirty years ago, Bryan, Hitcheock and myself started out together. We were all poor at that time and T have the honor of being poorer than either of my comrades even at this moment, Standing as I do in th emidst of this tremendous international fact, I find myself looking backward with great intensity. “It is rather Interesting to remember, that Senator Hitchcock obtained what he wanted in the form of the senator- " |ship, ana that Mr, Bryan obtained the second place in his aspirations. “Last year, when [ tried to realize the height of my own ambition, the am- bition to be governor of Nebraska, I found both Bryan and Hitchcock oppos- ing me, and throwing all their influence against me. Of course, that was poli tics and they had their reasons for their |attitude, I do mot hold it against them. m!'x‘hey are both good men, an dthe pity of It 1s that they cannot at this time be found working together as earnestly for the public good, as when in the laays of ‘Aula Lang Syne.’ | *Both poor and strugling politiclans, they co-operated for the triumph of of politics, and now 1-really take pride in the fact. In that line, I am a most conspicuous failure. However, the resig- nation of Bryan, is the most tremendous incident in the history of American poli- ties ,and it will tell very heavily, when the votes come to be counted Turk Gunboat Sunk, Transport is Taken LONDON, June 9—The Turkish gun- boat Mermari has been sunk and the {Turkish transport Mosul has been cap- tured, according to an official statement |given out this evening by the British | government. The action took place in the | guit regton. METCALFE IS LONE | uppermost among Nebraskans here; | today. The consensus of opinion was that the retirement of Bryan from President Wil son's official family will make the senfor senator from Nebraska all-powerful, |especially with reference to positions | wherein a senate confirmation is a pre- requisite for holding office. Richard 1. Metcalfe of Omaha, who has given loyal service to both Mr. Bryan and Senator Hitcheock in by-gone years, emphasized this conclusion today, when he sald: “Bryan's resignation will redound to Senator Hitchcock's advan seemed to antagonize the administration | between the administration and the Ne- | democratic principles. But that's the way | 'NEWS OF BRYAN'S ' RESIGNATION STIRS | GERMAN CAPITAL | { | 1 | Foreign Office Forbids Newnplyenl to Comment Upon Action Until They Are Given Further Notice, | | S | |NEBRASKAN HAS EASY NIGHT Former Secretary Says Received | Full Sleep First Time in Months. HE BIDS WILSON FAREWELL | LONDON, June § A dispatch to| |the KExchange Telegraph company | from Amsterdam says { “The news of the resignation of | | Secretary of State Bryan became | | known in Germany at noon today and caused a deep stir. The forelgn office ordered the newspapers to re- frain from commenting on the resig- nation until further notice. ™ Bryan Says Good-Bye. WASHINGTON, June §.—At 12:30 o'clock Mr. Bryan left the State department and went to the White House, where Presi- | dent Wilson received him, For fifteen minutes the president and {Mr. Bryan talked, exchanging words of | farewsll. Cordlally and without any trace |of feeling the two men discussed the sit- uation which resulted in Mr. Rryan's | resignation. Each apoke dispassionately | f the differences and of his belief that he other was doing what he thought | best for the United States. Those who | saw them were touched with the regard | the two men displaved for each other, Finally Mr. Bryan remarked that he knew the president was a busy man and that he would not detain him longer. The {two men clasped hands. | “God bless you," sald each. Sleeps AIL Night. | Secretary Bryan confided to friends to- | {day that he slept all night last night for the first time in months. President Wilson, it became known later, did not see Mr. Bryan's statement before it was given out, but knew of the two cardinal points upon which it dealt. | Mr. Bryan and the president discussed them at their farewell talk without alter- ing their respective opinions. Bryan Says He Will Be Back in Nebraska “In Due Season” (From = Staff Correspondent.) WASHINGTON, June &—( gram.)-Not in years has ington been so shiken as it was today through the resignation of Willlam Jen~ nings Bryan from the portfollo of state. It is almost as spectacular as that other resignation years ago, when the premier of the Harrison administration resigned for the purpose of becoming a candidato against his chief for president. Far-sighted politiclans tonight, as they talked in their clubs, in the lobbles of the theaters and the hotels, saw in tha resignation of Mr. Bryan a parallel to the Blaine sensational resignation during the Harrison regime. When the corre- spondent interviewed Mr. Bryan this evening, incidentally suggesting a paral- lel between the Biaine and the Bryan resignations and recalling the sensational character of the former, Mr. Bryan very quickly sald that there was nothing sen- sational about his retirement from Presi- dent Wilson's official family. Speaking generally of the resignation, Mr, Bryan sald: “It did not grow out of any personal differences with the | president, but it was purely a questior of policy. “The letters passing between the presi- dent and myself, show the difference in not personal,” said Mr. Bryan. Later, Mr. Bryan sald that he thought he could render more service to the cause of peace by retiring from the cabinet than by continuing in it, and Intimated that he would have a more general statement to give out after the note to Germany on tho submarine situation was well on its way. On the general subject of future ac- tivities the distingulshed Nebraskan sald that Mrs. Bryan and himself would re {main in Washington for probably three weeks, when they might run down to Asheville, N. C,, for a little rest, and then he would probably go to the Pacifie coast, which he has wanted to visit for some time, “We will reach Nebraska in due sea- son, hroughout the interview Mr. Bryan gave the impression of having a great load lfted from his shoulders. The strong lines of the face appeared sof- tened, and it was a very much younger Bryan than has been seen In the public places of the nation in the last twe years. German Subsea Craft Sunk and Crew Captured| | LONDON, June 9—Official announce- | | ment was made today by Becretary of the Admiralty Balfour that a German | svbmarine had been sunk and that six {of its officers and twanty-one members | of its crew had been captured. Mr. Balfour announced also that Ger-| man submarine prisoners hereafter shall | be mecorded treatment identical with all’ | other German prisoners in England. | | N . | |{Mahon Sanctions | Strike in Chicago| CHICAGO, June $.-Official sanction of International President Mahon has been {cago's street car lines to strike If neces- sary to enforce the demands for a wage increase, it was reported today. The men expect to determine by tonight whether a strike or arbitration will be decided upox. ITALIAN RESERVISTS sailing from New York on the steamship Duca d'Abruzzi to join their regiments at home. FOREIGN VIEW OF BRYAN'S ACTION British and French Papers Think it Foreshadows Stronger Policy by United States. PARIS JOURNALS PRAISE WILSON LONDON, June 9.—The Pall Mall Gazette in its issue today character- izes the resignation of Secretary Bryan as a political event of unmis- takable importance. Continuing, the newspaper Bays: “It does not appear that any of Mr. Bryan's colleagues share the scruples which induced him to give up office and we assume that this secession will not impart any delay to the deeviopments of the attitude of America toward Germany. Advoeate of Arbitration. of the situation may be no oriticiem of & personaj character can fall on the step Mr. Bryan has taken. At the same time 1t is obvious that if Amerfcan influence fs to have any effect upon Germany's methods of warfare, the United Btates must convince Berlin that the preserva- tion of peace, however cherished, is not the supreme and overruling consideration. *“There are other things which must le near the heart of America’s representa- tives, If they are to hold the respect of forelgn nations and of thelr own. There is the protection of American citizens in {the rights of travel which are conferred upon them by the rules of war, and there is in certain eventualities the part which may devolve upon America in the de- (Continued on Page Two, Column Three.) The Day’s War News ANOTHER VICTORY for the Aus- tro-German armies in Galicla was announced officially today at Ber- lin. The town of Stanislau has been captured by the Teutenio forces in their eastward sweep. UNOFFICIAL D ATCHES from have won in, check. the Austrians and Germans the Dmuelster. This, how- s mot bo from Petrograd ONE OF GERMANY'S raiders has been sunk and its officers and twenty-one men have been made prisoners by the Brit- ish. PETROGRAD WAR OFFION fodé cates that the German army which fnvaded the Baltie provinces has won no further sucoess: brought in reinforecements, Germans made n new attack a compelled the Russians to fall back on the town of Doubl n the province of K LOSS OF ANOT Geneva sny the Russin n victory in eastern Gal inx R SHIP by the al- lles at the Dardanclles is an. nounced in an official report from trane- The RITISH STEAMER Lady sbury has heen sunk by a German sub- marine. [HE-GATE-CITY-OF THE-WES' Visitors have no trouble in finding convenient and cheap means of transporta- tion about Omaha. The street railways radiate in every direction; taxi-cab service is good and reason- able;: we have jitneys, too. WASHINGTON, June 9. th’ Bryan at his home today gave out| this statement of his position: ‘ “My reason for resigning is| clearly stated in my letter of resig | nation, namely, that I may employ | |as private citizen the means which | the president does not feel at liberty | to employ. I honor him for doing what he believes to be right, and I am sure that he desires, as I do, to| find a peaceful solution of the prob- | lem which has been created by the action of the submarines, “Two of the points on which we differ, each consclentious in his con- viotion, are: “First as to the suggestion of in- vestigation by an international com- migsion, and, second, as to warning Americans against traveling on bel- ligerent vessels or with cargoes—of ammunition. Would Apply Peace Treaty Principle “I belleve that this nation should frankly state to Germany that wWe are willing to apply in this case the principle which we are bound by treaty to apply to disputes between the United States and thirty coun- tries with which we have made treaties providing for investigation of all disputes of every character and nature. ““These treaties, negotiated under this administration, make war prac- tically impossible between this coun- try and the thirty governments rep- resenting nearly three-fourths of all the people of the world. “Among the nations with which we have these treaties are Great Britain, France and Russla. No matter what disputes may arise be- tween us and these treaiy nations, we agree that there shall be no declara= tion of war and no commencement of hostilities until the matters in dis- pute have been investigated by an international commission, and a year's time is allowed for investiga- tion and report. This plan was offered to all the nations without any exceptions whatever, and Ger- many wag one of the nations that ac- cepted the principle, being the twelfth, I think, to accept. No treaty was actually entered into with Germany, but I cannot see that that should stand in the way when both nations endorsed the principle, I do not know whether Germany would accept the offer, but our country should, in my judgment, make the offer. Would Relieve Tension “Buch an offer, if accepted, would at once relieve the tcnsion and si- lence all the jmgoes who are de- manding war. Germany has always been a friendly nation and a great 1 Why should we not deal with Germany according to this plan to which the nation has pledged its support? “The second point of difference is| as to the course which should be| | pursued in regard to Americans tnv-l |ing on belligerent ships or with car- goes of ammunition. | “Why should an American citizen be permitted to involve his country in war by traveling upon a belliger- |ent ship, when he knows that the ship will pass through a danger zone? The question is not whether |an American citizen has a right un-| | der international law to travel on a belligerent ship; the question {8 whether he ought not, out of consid- eration for his country, If not for {his own safety, avoid danger when avoidable is possible. | “It is a very one-sided citizen-| Mr. Br:yah Makes Public ' His Reasons for Resigning POINTS OF DIFFER- ENCE with the president as given by Mr, Bryan: 1. The suggestion of in. vestigation by an interna- tional commission. 2. Warning Americans against traveling on belli- gerent vessels or with car- goes of ammunition. ship that compels a government to go to war over a citizen's right and yet relieves the citizen of obligations to consider his nation's welfare. I do not know Jjust how far the presi- dent can legally go fu actually pre- wenting Americans from traveling on belligerent ships, but I believe the government should go as far as it can, and that in case of doubt it should give the benefit of the doubt to the government. “‘But even if the government could not legally prevent citizens from traveling on belligerent ships it could, and in my judgment should, earnestly advise American citizens not to risk themselves or the peace of their country, and I have no doubt that these warnings would be heeded. Y “President Taft advised Americans to leave Mexico when insurrection broke out there, and President Wil- son has repeated the advice. This advice, in my judgment, was emi- nently wise, and I think the same course should be followed to warn- ing Americang to keep off vessels subject to attack. “I think, too, that American pas- senger ships should be prohibited from carrying ammunition. The lives of passengers ought not to be endangered by cargoes of ammuni- tion, whether that danger comes from possible explosions within or from possible attacks from wfthout. Passengers and ammunition should not travel together. The attempt to prevent American citizens from in- curring ‘these risks s entirely con-l sisteng, with the effect which our gov- ernment is making to prevent attacks from submarines. “The use of one remedy does not' exclude the use of the other. The most famillar illustration is to be found in the action taken by mu- nicipal authorities during a riot. It is the duty of the mayor to suppress the mob and to prevent violence, but he does not hesitate to warn citizens to keep off t'e streets during the riots. He does not question their right to use the streets, but for their own protection and in the interest of order he warns them not to incur the risks involved In going upon the streets when men are shooting at each other. “The president does not feel justi- fied in taking the action above stated; that is, he does not feel first in submitting the controversy to in- vestigation, or, second, in warning the people not to imcur the extra hazards In traveling on belligerent ships or in ships carrying ammuni- tion. And he may be right in the position he has taken, but as a pri- vate ecitizen I amn free to urge both of these propositions and to eall pub- lic attention to these remedies in the hope of securing such an expression of public sentiment as will support the president in employing these remedies if in the future he finds it consistent with his seuse of duty to favor them.* i | | | { Robert 'BRYAN RETIRES, LANSING TAKES OVER PORTFOLID Secretary of State Formally Says Farewell to Oolleagues and Counsellor Takes Charge of Office. TEARS IN EYES AS BIDS ADIEU Commoner Makes Plain Reasons for Step After Note to Germany is On the Way. RESIGNATION SENT SATURDAY WASHINGTON, June 9 —Willlam Jennings Bryan formally left his office as secretary of state today and Lansing, counselor of th¥ State department, was appointed by President Wilson as secretary of state ad interim. The change in the cabinet at a critical moment in the nation's his- tory took effect with the dispaich of the note to Germany. Differing, not in the object solght ~~the prevention of war—but in the method of approaching the problem, Mr. Bryan resigned rather than sign his name to the note, which states in unmistakable and emphatic terms the demands of the United States. Mr. Bryan told his colleagues today as, they gathered about him in farewell that his affection for President Wilson was unchanged and that he knew the presi- dent felt as warmly toward him. Firmly believing he can advance the cause of peace outside of officlal life and build up & sentiment in the United States that will assist the president In maintaining friendly relations with all nations, Mr, Bryan today went back to private life. Question of Polley. ‘The resignation of the mecretary of state over a difference on a vital ques- | tion of foreign policy—itself unusual in the annals of American history—was most dramatically touched by numerous manifestations of his regard for Mr. Wilson and his own emotional leaving the office he hetd so dearly. Tears stood in his eyes while friends commended his courageous fight for principles and his determination to elimi- nate himself rather than continue in the cabinet as a possible embarrassment to the president. The story of the fight to sway the president's judgment on the method of dealing with the situation with Germany is as yet untold. He made no effort to align other members of the cabinet with him, and when he to the pa of the ways, on c tion of principle, ald ot tell his cole lengue generaily, h that his action to the last produce any com- plications in the cabinet, Resignation Sent Saturday. For thres ddys—from Baturday to Monday--the president had Mr. Bryan's resignation under consideration, and the secretary did not go to yesterday's cabinet meeting until the president's letter of acceptance reached him. The president had invited him to attend after letting the cabinet know of the situation. Quistly the consideration of the note continued, and at the end of the meeting the cabinet expressed to Mr. Bryan their wmense of personal regret. The close personal relationship of Mr. Bryan and the president will be reflected in the former secretary’s future course, it was learned today authoritatively, Mr. Bryan intends to continue a staunch political supporter of Wilson on domestic affairs and belisves he can even assist him In the sentiment he hopes to build up for the prineiple of investigation Bryan Favored Mild Oourse. Mr, Bryan contends it would be better to submit the entire question to an in- vestigating commission and, pending its deltberations, have Americans refrain from taking passage on ships carrying contraband or which venture into dan- ger wones on the high seas. President Wilson is said to opposed to that idea, not mers he belioved the United Stal would thereby be ylelding under international law, bu there was no guaranty that las joan commerce would be free gers during disoussion. That these principles are not of fiolent strength in American public opin- fon for the Washington government to commit itself to so firm a policy as (Continued on Page Two, Column Two.) g i i H 5 278 i i L8 flol:‘-d';l'“",:"r %_ur < flca- Classified? t .fi" e offer tl 3 way to band automob| PUT IT IN.*-. OMAIRA BEE. b