Omaha Daily Bee Newspaper, November 5, 1915, Page 1

| ’ Call Tyler 1000 If You Want to Talk to The Dee or to Anyoms Comnected with The THE OMAHA DAILY BEE VOL. XLV—NO. 12 FRIDAY MORNING, NOVEMBER 5: 1915—~TWELVE I‘A\HV oS, omh— on raine, At Hotel Wews Stands, eto., Se. FEDERAL COURT KNOCKS 0UT TWO CENT FARE LAW Federa] Judges Sanborn, Munger and Pollock Decide Missouri Pa- cific May Charge Three Cents a Mile. | hlR ] STATE MAY NOT INTERFERE To Put Up Fifty Thousand-Dollar Bond to Protect Passengers Till Fina] Hearing of Case. . RAISE GOES IN EFFECT AT ONCE As goon as the tariffs can be pre- pared and distributed, the Missourl Pacific Railroad company will start chiarging passengers 3 cents per mile for riding over its lines in Nebraska This will probably be within the next threc days. The federal court hag decided that the Missouri Pacific may legally charge this rate and has granted a temporary restraining or- der against the Nebraska State Rail- way commission, preventing that part ¢~ the state government from inter- fering in the putting in of the ad- vanced rate, Before Circuit Judge Sanborn and Dis- trict Judges Munger ang Pollock, J. A. C. Kennedy, general attorney for the Missourl Pacific in Nebraska, has won | his suit against the Nebraska State Rail- way commission. The decision is based upon the contention of Mr. Kennedy that a 2-cent rate on the Missour! Pacific lines in Nebraska is not remunerative and ls not a falr and reasonable rate for doing a passenger business within the state. Rond Seécures Injunction. At the same time Mr. Kennedy secures an order from the three iudges restrain- ing the Nebraska commission from con- tinuing the 2-cent rate in effect on the Missouri Pacitic. This order also enjoins the commission from prosecuting the rail- roaq company or any of its officers in the event they charge rates in Nebraska in excess of 2 cents per mile. In other words, so far as the Missouri Paclfic is concerned, the 2-cent per mile passenger rate law is set aside and de- clared void until upon final hearing, when the case comes to trial on its merits, it may be held to be good. As a result of the decision of the judges | of the federal court, attorneys assert that all the rallroads operating in Ne- braska will attack the 2-cent per mile law, asking that the raflroads be re- strained from enforeing it. It is assertel that this was the understanding among the attorneys for the roads at the time when the Missourl Pacifio brought its sult some months ago. ’ Was a Starter. It was the understanding that the test case should be made by the Missouri Pa- cifie, it being considereq one of the weak lines and one.of the roads having the | most mileage within the state. That the Missourl Pacific intends to at once take advantage of the victory won by Mr, Kennedy is apparent, for as soon as the opinion of the court was placed on flle officers of the road telegraphed | " to headquarters at St. Louis, instructing that a force of clerks be at once put at work, preparing thetariffs for the 3-cent rate within Nebraska. To protect travelers upon the Missouri | Pacific in the event the court finally de- | termines that a higher rate than 2 cents | is not legal, the Missourl Pacific gives & bond of $50,000, by which it guarantees Lo pay bsck the excess of 1 cent per mile. This bond has been filed. Passengers Get Receipts. That the Missourl Pacific passengers may have & record of the extra 1 per| cent per mile paid each Missouri Pnclflc' station agent and each train conductor will be provided with blank receipts. | When a ticket is bought and paid for| one of these receipts will be given for| all money paid in excess of 2 cents per mile between stations. Then, at some time in the future, if the railroad should lose in the final determination of the suit, upon the presentation of the receipts the excess will be refunded. Officers of the Missouri Pacific figure that the decision of the judges will in- crease the passenger revenue of the road, 80 far as Nebraska is concerned, fully $100,000 within the next year. The deciston of the court has no bear- ing upon interstate rates, affecting only business within the state. The Weather Forecast till 7 p. m. Friday: For Omaha, Council Bluffs and Vicinity —I"Lll’. nol uch change in temperature. Temperature Yesterday. ~ooewe=iEscrano TEETUTTEE PPERR = b4 E Comparative Local Record. 915, 191‘ 1913, 1912, Jlighest yesterday ...... 64 8% west yesterday. 4 d') 2 41 Mean temperature 64 54 4“ 53 itation .. S 0 00 W Temperature and precipitation depar- tures from thé normal Normal temperature . 43 e.ll for the day eesnees 11 d‘flclanc{ fln(e March 1. 289 Normal precipltation. 05 inch [Deficiency for the day el Total rainfall since Marci Defliclency since March 1 2.3 inches D-tlclency. cor, period, 1914 3.08 Inches ficlency, cor. period, 191 7.13 inches Reports from Stations at 7 P, M. Station and State Temu High- l-uln- of Weathe: Tp.m. est. fall Cheyenne, clear o4 Davenport, clear. MDenver, Lander, cloudy. : North bmudpun cloudy SeR2IBWIRRR3! 00 00 o 00 0 00 00 w0 K ELEH bocll Fortculer 1200 TEACHERS ARE REGISTERED Registered Attendance of Last Year is Surpassed by Almost Two Hundred Persons. GERMAN TEACHERS HEAR TALK With practically 4,200 teachers registered for the convention of the Nebraska State Teachers! association, last year’s attendance is far exceeded. The total attendance last year was 4,005. More than 500 of the teachers | registered this year are teaching in western Iowa. They are allowed the option of attending the association at Omaha or the Iowa assoclation convention at Des Moines. The big attgndance means that the executive committee will have even more ballots to count in the primary this year than last. Treasurer Mathews estimates, however, that the counting can be completed by the middle of ‘Baturday aftérnoon, as the committee will go to work on it with a corps of assistants early Saturday morning. The county superintendents of the state held a special meeting at the Doug- las county court house Thursday after- noon with State Superintendent A. O, Thomas presiding. There are ninety- thre superintendents in the state and about eighty of them attended the meet- ing. They voted to take up professional study of lines of supervision work this year under the direction of State Super- intendent Thomas. There are few or no text books that cover the parti~u'ar tield into which they are launching, but the state superintendent intends to out- line a course of study and research work for them. Should Leave Out Politics, | That the county superintendent's office is an office of service and one that should not be shifted for political rea~ sons, was pointed out in a talk by State Superintendent Thomas: *The county superintendent should be wise enough,” he sald, “not to mix politics with his service.” Before the German section at the Young Men's Christian association rooms in the forenoon, Dr. Max Griebsch of the (Continued on Page Four, Column Two.) SI0UX CITY MAKES BIG GAIN IN POPULATION DES MOINES, la., Nov. 4—8loux City has had a greater proportionate gain in population since 1910 than any other city in lIowas, according to the annual report | of the state department of finance and municipal accounts, made public today. Since 1910 Sioux City has increased In population from 47,528 to 61,757, the report statés. Dea Moines made the largest stralght gain, Increasing from 86,368 to 105,588, The report shows the Incorpora- tion of four new cities, or a total of 101 TIBER OVERFLOWS AND INTERRUPTS TRAFFIC ROME, Nov, 4—(Via Paris)—The floods caused by the overflowing of the Tiber have Interrupted rallroad traffie, uprooted trees and drowned cattle. Many | peasant families have been rescued from | areas surrounded by water. No loss of life has been reported. | Fine weather has set in and it is hoped that the floods will soon subside, AMERICA'S) MOST POWERFUL BATTLESHIP &7 TRIAL TRIP—U. 8. battleship Nevada, photographed off Rockland, Mau_:e. 0% val 4 fore being taken over by the United Sta*s - aeo e inspection and trial trips be | | pendent force in the world to our- selves, our neighbors and the world Suit Against Rock Island Officials is Ruled Out of Court NEW YORK, Nov. 4-—8upreme Court Justice Pendleton today virtually ruled out of court three Important motions for. judgment made by Francis B. Hib- ben and others In a sult to recover $7,600,000 from the Chicago, Rock Island & Pacific Rallroad company, the Chi cago, Rock lsland & Pacific Kallway company and séveral directors of the two companies. The court ruled that the plaintiffs’ ‘‘causes of action are not properly jolned.' Although this ruling leaves the plain- tiffs without a cause before the court, Justice Pendleton granted them twenty days in which to amend thelr plaint. Hibben, a bondholder of the Chicago, Rock Island & Pacific Rallroad com<' pany, and other bondholders brought suft to recover $7,600,000, which it was alleged the railroad company had loaned the rallway company upon insufficient se- curity and lost when the rallway com- pany went into the hands of a recelver. Among the individual defendants named were Danlel G. Reld, Willlam L. Moore, Edward G. Moore, Ogden Mills, Henry U, Mudge, Francls H. Hine ana William T. Graham. com Porter Draws First Prize in Homestead Lottery at Minot MINOT, N. D, Nov. 4—Charles R. Porter of Anoka, Minn., won the right of first cholce of a 160-acre tract of land from the 700 homesteads to be opened to entry next May at the Fort Berthold land drawing here today. The first envelope drawn by a little girl from a large wooden box on the stage of a local the ter contained Forter's name. The next eizht winners follow in the order in which thelr names were drawn. H. 1. Dundall, North Dakota. G. A. Oberg, Minneapolis, Minn. Jacob Lenarts, New Rockford, N. D, Olga Tennyson, Minneapolls, Minn. ¥. B. Hirsch, 8t. Paul, Minn, F. A. McGrath, Keokuk, Christ_Paulson, Vanhook, John Pollert, Roseglen, N. Cardinal Farley Officiates at the D. D, Ridder Funeral NEW YORK, Nov. 4—~The funeral of Herman Ridder, publisher of the New York Staats Zeitung, was held today in the church of the Blessed Sacrament in the presence of many former assoclates and friends. Cardinal Farley took part in #he ceremonies. The Publishers socia- tion of New York City today sent to Mr. Ridder's relatives a resolution paying tribute to his memory, his “stern integ- rity and upright life.” Von Hindenburg Retakes Part of the Ground Abandoned BERLIN, Nov. 4—(By Wireless to Say- ville)—The German war office report glven out today announced that the town of Mikulischkl, between Lake Swenton and Lake Ilsen, which was captured by the Russians on Tuesday, has been re- conquered by the Germans. It was added that further south on the eastern front eneral von Hothmer had taken 3,00 Russian prisoners near Sienikowce, AMSTERDAM, Nov. 4.—(Vis London.) —An official Bulgarian statement {ceived here today from Sofla says K'ng encourage his soldiers and take them | are hastening to their assistance. ' King Peter,- one of the most pictur- esque figures of the war has again gone to the front as he did last year in the hour of his country’s supréme need. The venerable ruler—he is 71 years old—has been at Topola, the cradle of the | Karageorgevitch dynasty, 11l and weak, and, according to last accounts, was walting to retire with the rear guard of re- | : Peter of Serbia has gone to the front to | | the news that French and British ferces | King Peter Goes to the Front to Encourage the Serbian Soldiers On the former occasion King Peter was credited with having saved the day for Serbla. Late last year, when his army was being hard pressed by the Austrians, the king, suffering from rheumatism, contracted in the Franco-Prussian war, went to the front, and mounting a horse, rode slowly through the Serbian lines, telling his soldiers their old king had come to dle with them. His actions in- spired his troops, who expelled the Aus- trians from Serbia. “I am but a feeble old man,” the king was quoted as having sald last month, “but 1 swear to you if a new invasion shall bring vpon us the shame of being his troops, menaced on three sides by the lll'nldlnl armies. conquered, 1 shall not survive the runm but I, too, shall die with the country.'” 1 | TEUTONIC YON BUELOW DENIES | ALL TALK OF PEACE |, Prince Says He is Nut Conducting Negotiations with Papal Dele- gate or Anyone Else. “WAR MUST BE FOUGHT OUT” LUCERNE, Switzerland, Nov. 4.— (Via Paris.)—Prince von Buelow, former German chancellor, informed the Associated Press today that he had not come to Switzerland on a peace mission, He declared Ger- many was resolved to continue the war to its conclusion by arms. The prince made it clear that he 1s | not going to Washington to see Presi- | dent Wilson or to Madrid to see King | Alfonso in relation to terms on which | Germany might be willing to discuss ' peace. Nor is he engaged in such discussions with a papal delegate or anyone else. In addition to disposing of these re- ports Prince von Buglow sald to the corretpondent todayY ““The war must be fought out.” Germany is United. At another time during the convers tion he sald: “Germany is united ana possesses every resource in material and above all in unity ana resolve to continue the war to its conclusion by arms, The prince talked of various aspects of the war with considerable freedom, al- (Continued on Page Three, Column Four.) I0WA FACULTY MEMBER {formerly we gave | today. Program o NEW YORK, Nov. 4.—President Wilson in his address at the anni- versary dinner of the Manhattan club here tonight said A year and a half ago our thought would have been almost altogether jof great domestic questions. They lare many and of vital consequence. [We must and shall address our- salves to their solution with dili- gence, firmness and self-possession, |notwithstanding we find ourselves in the midst of a world disturbed by great disaster and ablaze with terrible war: but our thought is now inevitably of now things about which ourselves concern, We are thinking now | chiefly of our relations with the rest of tue world—-not our commercial relations—about those we have |thought and planned always—but about our political relations, our duties as an individual and inde- |itselr. Liberty for Men and Peoples. Our principles are well known. It is not necessary to avow them again. erty and founded our great govern- ment to obtain it, the liberty of men and of people—of men to choose FOUR AMERICANS SLAIN AT BORDER Killed Near Agua Prieta by Shrap- nel Bomb, it is Reported at Naco. VILLA ESTABLISHES CAPITAL BULLETIN, NACO, Ariz,, Nov, 4.—Four Amer- {lcans, who left here with hospital supplies for Villa's army, were killed | Yesterday near Agua Prieta by a shrapnel shell, it was reported here The men were Dr. R, H. Thigpen and Dr. Miller of the Ca- |nanea Consolidated Copper company hospital staff, and their chauffeurs, Joseph Pylant and A. L. Wilson of Naco. Their bodies will be brought here, NACO, Ariz, Nov., 4-Naco, Sonora, Just across the border, was declared to- day to be the caplital of Mexico by Gen- eral Francisco Villa, who arrived there with the vanguard of his army In their withdrawal from attacks on Agua Prieta, Naco will be made a base of supplies and troops will rest here for thirty days, it w ald. Several thousand Villa soldiers have ar- riveq at the Mexican town and many of them have made camp within a few hun- dred feet of homes on the American side. Other columns of troops were reported on their way there. JOINS CADET REGIMENT| IOWA CITY, Ia., Nov. 4 —(Special Tel- egram.)—Prof. R. L. Henry, prominent member of the law faculty of the Uni- versity of lowa joined the univehsity's cadet regiment here this week. He an- nounces that he believes in preparedness for war and that every civillan should come to that realization. He states that | | | it was such a reason that guided him to become a member of the cadet regiment and drill with the rest of the university students, IN SOUTHERN SERBIA the Bul- garfans who are marching on Mo astir are being held in check n Prilip, about twenty-five wmljes northwest of Monastir, a Soloniki dtspateh states, PREMIER ZAIMIS of Greece, the defeat of his mover the chamber by a vote of 147 te| 114, asked a suspension of the! chamber'y work until m new eabi- | net was formed. | PRINCE VON BUELOW, former German chancellor, is not in Switzerland ou a peace mission, he declared today in Lucerne. He alno stated he will not visit Madrid or Washington oi a peace errand, as had been reported. He d clared Germany was united and was determined to put the war to a copcluston by force of arms. FIELD MARSHAL Von Hi are's troops have pushed thelr way back to the Mme in the lake district southwest of Dvinsk, from which they were obliged to withdraw recently under Russian pressure, the German war office munounce: BULGAR TROOPS b the town of Kalafat, & polut only about six miles from Nish, ' i KING PETER OF SERBIA i re- ported in & message from Sofia te have goue to the front to encour- age his troops. REVOLT OF ALBANIANS in sou western Serbla is reported thro Rome. TROOPS Serblans southward on Kralleve, about pressing are marel twenty roud which runs ern Serbi mately the same distance sou west of Kraguyevats, BEIJLIN REPORTS the oa Mussiges, in the Champagne triet. The current Freneh report clatms that the major po the ground wal; Vacant store rooms were turned into (hospitals today and prepared to receive a |large number of wounded, Four officers and seven privates dled today soon after their arrival. Death, it was sald, was caused more by exposure and privation than by their wounds. Two troops of United States cavalry are stationed here to patrol the border, Carransa Agent Makes Kick. DOUGLAS, Ariz., Nov. 4-—Carranza agents at Naco, Ariz, reported that 200 {Villa wounded hag arrived in the Mex- (Continued on Page Three—Column Hix.) Colonel Goodier Tells of Injury to Number of Aviators BAN FRANCISCO, Cal,, Nov. 4—At his own request Lieutenant Colonel Lewis E. Goodler took the witness stand today in his court martial on charges of influ- encing junior officers of the San Diego aviation school of the army to prefer charges against thelr superior officer Captain A. 8. Cowan. His preliminary testimony was mostly rehearsal of i detalls leading to the charges brought | last April against Captaln Cowan. He sald that he advised lieutenant Roy Kirtland, who wrote to Colonel Goodler's injured son here about the pending charges, to gather the facts In the Cowan case before initiating any action, and having made certain of them to let him know what had been done. Kirtland left San Diego tkfore the charges were preferred. The accused officer referred to the San Diego school, one of whom was his son, still incapacitated vy a fall a year ago, Wilson Makes— little | We believe in political lib- | Clear His f Preparedness their own lives and of people to choose their own allegiance. Our ambition, also, all the world has knowledge of. It is not only to be free and prosperous ourselves, but algo to be the friend and thoughtful | partisan of those who are free or who desire freedom the world over. It we have had aggressive purposes and covetous ambitions, they were the fruit of our thoughtless youth as a natlon and we have put them aside, We shall, I confidently be- lleve, never again take another foot of territory by conquest. We shall never in any circumstance seek to make an independent people subject to our dominion; because we belleve, we passionately belleve, in the right of every people to choose their own | alleglance and be free of masters | altogether. For ourselves we wish | nothing but the full liberty of self- |development; and with ourselves in this great matter we associate all the people of our own hemisphere. | We wish not only for the United | States but for them the fullest free- dom of independent growth and of |action, for we know that throughout this hemisphere the same aspirations are everywhere being worked out, under diverse conditions, but with | (Continued on Page Two, Column Two.) |Will Sift Plot to Smuggle Chinese Into U, 8. to Top BAN FRANCISCO, Cal, Nov, 4—An- thony Caminetti, United States commis- sloner of immigration, was due here to- day from Washington and federal offi- clals here expected that he would tal charge of the investigation which fol- lowed the discovery of elghty-six contra- band Chinesp aboard the liner Mongolia on October 7 when the vessel arrived here from the Orlent. John W. Preston, United States district attorndy, who Ia Investigating charges connected with the smuggling of Chinese, sald to involve federal officlals, sald toda. ““The fmpression that this investigation will be barren of results as far as ar- rests are concerned is errol “"We are going to sift this matter, not to the bottom, but to the tap. We are going ' after the higher ups, and the higher up the better. Man Acquitted of Murder Charge Held for Embezzlement WASHINGTON, D. C,, Nov, 4-~Willlam V. Cleary, former town clerk of Haver- straw, N. Y., acquitted last January of the murder of his son<in-law, Bugene M. Newman, after a sensational trial, was urrested here today on a warrant charging larceny of $10,00 from the town of Haverstraw, Cleary has been missing from Haver- straw since an investigation of the man- ner in which the murder trial was con- ducted disclosed alleged irregularities in his office. Cleary consented to return to New York without extradition proceedings and left Washington a prisoner at noon today to be turned over to the sheriff of Rock- land county, Wilson Will Speak on National Defense WASHINGTON, D. €., Nov. 4.—Prosi- dent Wilson will speak cn national de- fense before the Manhattan club in New York tonight. The speech, which marks the first pub- llc utterance of the president since the scope of the administration’s national de- fense program became known, was awaited today with keen Interest in offi- clal circles here. He was to set forth the reasons which caused him to approve plans for materfally strengthening the army and navy, | President Wilson left early today for |New York, accompanied by BSecretary ! Tumulty. He will be the guest there lof h's friend, Colonel B, M. House. The president will return to Washington to- ' Coke Production is Nearly Doubled CONNELLSVILLE, Pa., year in the fuce of the most pronounced labor shortage the industry has ever number of men injured in flying at the | known. This week’s tonnage, 432,000 tons, was not enough to meet the demand. About 200 ovens were added to the active list and more could be fired if the labor were avallable. ROME (via Paris), Nov. 3.—The war correspondent of the Messagero, in &n undated dispatch from Kraguyevats, Serbla, says: “The Austro-German forces employed against Serbla have been obliged to remedy the weakness of their Infantry by powerful artillery abundantly supplied with ammunition. They were able to ad- vance into Serbia only by deluges of shells, “Undiscouraged by the seriousness of the situation, however, thie Serblan troops are effecting their retreat calmly and in good order. There are no signs of a panic among the people, who are depart- ing from their homes in long columns, sad and resigned, but with certain hope in th &alined in counter attmcks. that they will return eventually, “One sees long files of wagons filléd Serbs Forced to Flee Before Teutons Without Seeing Them with. children and women and the sick, the oxen led by old men, for all the able bodied are with the army. The wounded speak with awe of the terrible artilley battles, from the effects of whioh they are still stunned. They express regret that they are obliged to abandon their positions without even seeing the enemy “The Germans advance slowly, pro- tected by their artillery. The Serbian officers are counting greatly on the mud which was & precious ally in the last campaign against the Austrians. The con- tinuous rains are making the country more and more impracticable for the Ger- man artillery and the Serblans feel that if they could get within st/iking dis- tance of the German artillery the situa tion would take on an entrely differ ent aspect.” SINGLE COPY TWO CENTS. ALLIES MAKING » PRESENGE FELT IN MACEDONIA Franco-British Contingent is Re ported to Have Gained Consid- erable Success on the Istip Front. SERBIANS STEADILY RETREA1 Fighting Qualities of Army Appar- ently Not Seriously Impaired by Invaders’ Battering. RUSSIANS MAY RAID BULGARI. LONDON, Nov, 4.—While the Ser- bians are fighting doggedly to keep the way open for their retreat into Montenegro, their Franco-British a1 |les are beginning to make their pres ence felt in Macedonla, where, acs sording to unofficial reports, they have gained a success on the Istip front. The Serblan army Is retreating steadliy toward ita centrai defenses, but its fighting qualities apparentiy have not been seriously impaired by the tremendous battering it has rfi» ctelved from' the invaders. The only success for the Serblans ad« mitted by Berlin is one alonk the Nishav river, where the Bulgarfans have been thrown back toward Palanka by “‘superior forces,” but the Invaders now are only twelve and a half miles from the tempo- rary Serblan capital and a check along Nov. 4.—Coke || production in the Connellaville region has | | | practically doubled since the first of the |: the Nishava is not likely to give the har assed defenders muoh respite, Russin Preparing for Invasion. From Bucharest comes a report that the Russians are doncentrating greal forces at the port of Reni, in Bessarabia, from which place they are expected to make a direct landing on Bulgarian ter- ritory if Roumania gives an interpreta. tion of the internationalization of the River Danube friendly to Russia, by Which men and munitions may be con- veyed by the river into Bul Along the eastern front Russia con- tinues to clalm a series of successful at- tacks on tha Austro-German positions. From the most northerly point along the eastern battle lines comes a report which has a Russian source that the German commander, Field Marshal von Hinden- burg, despalring of the capture of Riga and Dvinsk, {s preparing winter quarters near his present poeition along that front. The government revelationa relative to British shipping are exciting great inter- est in trade circlos, where the poliey el- rudy has encountered copsiderable eppo- Iml- ana French Advancing. PARIS, Nov, 4~The first British con tingent arrived Friday at Guevguell in the Berblan theater, according to @& (Contint on Page umn Legislature of South Dakota Can Repeal Any Initiated Laws PIERRE, 8. D., Nov. 4~The Richards primary law case was decided by the South Dakota supreme court today, the court holding that the legislature had the power to set aside the Richards primary law initiated by the people, The legislature by direct legisiation enacted a new primary law and repealed the Richards law, which had been in ef- fect for the last four years. The court holds, in brief, that the initiative amendment to the constitution does not limit the powers of the legisia- ture to enact laws, hut only gives to ¢ people the power to command the islature to act on any measure whicl it may desire to have enacted, and enacted the legislation s subject to same action as any other law, On the contention that the legislature had no right to add the “emeggéncy™ pro- viston to the primary law it enacted, the court held that so long as no attempt was made to apply the referendum to the primary law, that issue is not before the court. THE WANT-AD-WAY fi""' Wfi e 'u-""o'i l‘lnfll " casc ‘?u' o muw-. ym‘n vontun. 'l'nln yler l PUT IT IN THE OMAHA BES, !