Omaha Daily Bee Newspaper, November 23, 1916, Page 1

B - Aon is expected today. “Thousands of Omaha families read The Bee exclusively. If you want their trade advertise in The Bee. VOL. XLVI.—NO. 136. ADAMSON EIGHT- HOUR RAIL LAW DECLARED V0ID United States District Judge Hook Hands Down Deci- sion in Case at Kan- #as City. TO CONSOLIDATE SUITS Railroads and Department of Justice Will Press Appeal to Supreme Court. FINAL DECISION HAD SOON | Kansas City, Adamson cight-hour law was held unconstitutional here today by Judge William C. Hook in United States district court, Judge Hook directed the receivers of the Missouri, Oklahoma & Gulf railroad, who brought the original ac- tion in this case to enjoin the law from going into effect, to assist the government in expediting the case to the supreme court of the United States for final decision and instructed them through their attorneys to invite the | representatives of every railroad in this country to participate in the hear- ings befors the highest court in the land. This was requested in the gov- ernment’s motion to dismiss the in- junction petition of the railioad, the government desiring to avoid “pro- longed, unnecessary and scattered liti- gation” through the hearing of count- less similar suits filed by every rail system in every federal district in the United States throngh - which their lines run. It is expecte. the decision as to whether the law will go into effect January 1 will be handed down be- fore that time. A transcript of the present case will be filed at thc su- areme court before-it reccnvenes De- cember 4 Text of Decree. The text of Judge Hook's decree follows: B “This is an independent suit to en- join the enforcement of a recent act of congress, commonly called the Adamson "law, upon the ground that it is contrary to the constitution. In the character of the averments, the plaintiff’s bill of complaint is stated to be typical of a number recently | filed by railroad companies in various district courts of the United States. | A motion to dismiss has been pre-| sented on behalf of the defendant United States’ attorney. The sole questionraised by it is of the consti- tutionality of the law. The court 4s informed that the other cases”stand on application for temporary injunc- ! tion. “An.appeal from an order granting or refusing a. temporary injunction goes to the circuit court of appeals and not further by ordinary proce- dure, while an appeal from a final order or decree in such a case would go direct to the supreme court of the United States. 1In the former, a de- cision would be inconclusive; in the, latter a decision would definitely set- tle the question for the whole country. The motion to dismiss the case here, however it is decided, will promptly result in a final dectee from which an app€al wil be taken to the supreme court, “The assistance of this court has been invoked to facilitate a final and authoritative determination of the constitutional question. The case was presented but yesterday, and a decis- It is far from being agreeable duty for a judge to record a judicial conclusion without the care and deliberation essential to a conviction that he would stand to in every circumstance. Upon the merits of a case the government neither asks nor receives from a court greater consideration than is required by the essential rules and presump- tions of law, but a request by the De- partment of Justice to aid the progress of a case consistent with the rights of every one cannot be declined, cer- tainly not for personal consideratiion. Decree for Plaintiff. “Upon a consideration of the Adam- son law and of what is said of .its practical effect and what was intended to be accomplished by it, the judg- For Nebraska—Fair, Temperatures at Ommmha Yesterday. Hour. 6 a m 6a m 78 m §a m Da v 10 a. 11 a. 12m 1p. 2. 3 p. 4 5 p. 6 p. 7P 3 § D0 Bhuiihoiisy, 33 Comparative Local Record. 1916. 1915. 1014, 1913, Highest yesterday 33,84\ 48 Lowest yesterday 31 . 32 40 Medn temparature 1240 46| Precipitation L0000 .00 Temperature and precipitation departures from the normal: Normal temperature Deficiency for the day Total excess since Marc! Normal precipitation 1 inch Excess for the day.... A +16.07 inches Total rajufall dince March 1 Deficlency since March 1.......12.11 Inches Deficiency for cbr. pertod, 1916.. 1.44 inchex Deficlency for cor. period, 1914.. 3.77 inches Reports from Stations at 7 P. M. Station and” State Temp. High- Raln- of Weathar, Tp.om lest. fall Cheyenne, clear ........ I8 46 .00 Davenport, rafn . 42 42 44 Denver, clear 8 " 00 Dodge City, ele 28 “ 00 Lander, clear 20 24 .00 North Platte, 0 40 .00 Omaha, cloudy . 33 33 14 . 40 50 .00 50 50 .00 a8 “ .00 Santa Fe, clo . 34 “ -60 Sheridan, cloudy “ 4 200 Sloux City, cloudy 34 24 -01 Walcntlne, clear .. 34 " 00 Mo., Nov. 22.—The | : | the day time, ' Goes to the Pen Savings of a Poor Working Woman THE OMAHA DAILY BEE " OMAHA, THURSDAY MORNING, NOVEMBER 28, 1916—TWELVE PAGES. e HOSPITAL SHIP BRITTANIC I3 SUNK Former Big' White Star Liner Victim of Mine or Torpedo— Fifty Lives Lost. ELEVEN HUNDRED - SAVED BULLETIN. _ Athens, Nov. 22—(Via London.)— The White. Star Line steamship Britannic, serving as a hospital ship for wounded. soldiers of the entente allies, has been torpedoed and sunk, according to am- official amnounce- ment made here today. London, Nov. 22—The British hospital ship Brittanic has been sunk with the loss of about fifty lives, says a British official announcement today. The Britannic was sunk by a mine or a torpedo yesterday morning in the Aegean sca, according to the offi- cial statement. There were 1,106 survivors, of whom twenty-eight were injured. Full particulars of the disaster, it is announced, will be pub- lishéd as soon as they are received. It was reported in a special dis- atch from London on December 6 ast that the 47,500 ton White Star liner Britannic, then recently com- pleted, would be used as a hospital ship by the British govgrnment, mak- ing it the largest hospital ship in commission with an equipment of 6,000 beds. Last June, however, it was reported in a news dispatch from Liverpool that the vessel had been returned to the White Star line for restoration into a. passenger steamer. The Brittanic was nearing comple= tion lat the outbreak of the war, when it was requisitioned by the govern- ment and converted into a hospital ship. In company with the Maure- tania.and the Olympic it was engaged in bringing thousands of wounded men from the Gallipoli peninsula, soon after the evacuation oF!he peninsula by the allies. Admiralty officials have little to add to the official announcement except to state that the Brittanic was sunk in Whether it was torpe- doed or mined has nbt yet been de- termined, The admiralty has been ad- " (Continued on Page Two, C || ARCHDUKE CHARLES FRANCIS AND WIFE—Royal pair raised to throne by death of Emperor Francis Joseph. 'NEBRASKA FARMERS 10 MEER HERE NEXT Date Is to Be Determined by the Officers Later, But Likely November. OLD OFFICERS RE-ELECTED Omaha again gets the convention of the Nebraska Farmers' Co-opera- tive Grain and Live Stock association in 1917, This was decided at the afte{noon session \of the convention yesterday. The time has not yet been fixed, as this is a matter to be decided later by the directors. It was the general that the meeting should be held again in November. The old officers of ,the association were re-clected. They are: J. S. Canaday, Minden, president; Guy Briggs, Coleridge, vice presi- dent; J-W. Shorthill, York, secretary and treasurer. . “The two directors elected, who with the officers constitute the board, are, W. .J. Lee, Spalding, and E. P. Hubbard, Juniata. J. B. Swearingen, former president, and W. J. Holmquist, vice president of the Omaha Grain Exchange, spoke in the afternoon. A banquet was tendered in the evening by the Omaha Grain Ex- change, at the Hotel Rome. Work in Sections, Yesterday morning the association divided into two sections, one com- managers. Few set speeches were sche- duled, but volunteers were called for on such trade subjects as times ‘of meeting for the managers, the hedging of grain, the auditing of the books, the company’s service to the community, and the policy toward I(hc managers. session of speeches were managers. Few set scheduled, but volun- teers were called for on such trade subjects as times of meeting for the managers, the hedging of grain, the auditing of the books, the company’s service to the community, and the policy toward the managers. Clark Forges Note and Secures Money from Bank and Then Flees, but is Brought Back Here. WAS IN MARINE BARRACKS It will cost Franci, R. Clark his liberty for from one to twenty years for forging a note and gaining pos- session of a poor working woman's savings. Clark was sentenced to the state penitentiary when he pleaded guilty to a chatrge of forgery before Judge Sears. \ On January 15 of this year Clark cultivated the friendship of Mrs. Mar- garet Junge's young son, “and, by L A WELSH, Me(eorologist. i b.ibing the lad with pennies and gifts of candy, persuaded him to get his mother's bank book, which was hid- den away at home. | The mother was at work, and the | following note, written by Clark and | presented at the bank by the boy, together with the bank 1 ook, was hon- ored: | “Dear Sir—Would you please let | bearer, my soi, “ave $40, as I am sick in bed and need the money very | bad. T also send the bank book along. Oblige, (Signed) / “MRS. MARGARET JUNGE." Clark fled from the city after the boy handed the money over to him. The local police fnally located him at Port Royal, S. C.,, where he was serving a sentence in the United States marine barricks. Upon the termination of his sentence, Novesfi- ber 4, he was brought back to Omaha posed of directors and the other of| to stand trial on the forgery charge.' A s NI 4 v w D | Head of Dual Monarchy Taken Suddenly Worse' and Ex- ¥ "“\‘ pires at 9 O'clock Monday Evening. e '00K COLD TEN DAYS AGO Pneumonia Develops, but Con. dition Not Regarded Serious Until Yesterday. HEIR TO ASSUME THRONE London, Nov. 22—The death of Emperor Francis Joseph has caused notable emotion in Vienna, says the Exchange Telegraph company’s Am- sterdam correspondent. The general public was not aware of the serious nature of his illness, according to these advices, because of the non- alarming character of the bulletins is- sued. The emperor, the dispatch adds, was feverish yesterday after- noon, being unable to eat his evening meal and retiring at 7 o'elock, as- sisted to his bed chamber by his daughter, Archduchess Valerie. He found himself unable to sleep and asked that his physicians be sum- moned, complainng of pains in the throat, < At 9 o'clock the emperor appeared to be in a more rcstfur state. A few moments later, according to the de- tails received, the doctors saw him and he made a gesture, pointing to his throat. A second afterward he was dead. S The members of the imperial fam- ily were immediately summoned, as were the officials of state, who pre- pared an announcement of the death, Emperor William was immediately informed of the passing of his ally, the message being sent over the tele- phone which links the headquarters of the German army with Schoen- brunn palace. Nothing has as yet been decided, it is said, with regard to the emper- or's accession. First News of Illness. The first intimation_received here that Enfpéror Francis Joseph’s health was again the subject of solicitation was contained in a dispatch, dated November 12, ‘emanating from a Vienna newspaper agency, which re- ported that ‘the emperor had been suffering for some days from-a slight catarrhal = affectibn. Subséquent re- orts from various sources, more or ess conflicting, represented that his condition was becoming worse, but none of them indicated that his ill- ness threatened to reach a critical stage and from Vienna came assur- ances that he was still able to give audiences to one or more ministers daily. Heir to Assume Power. What gave some credence to the suspicion that his condition was much graver than the official bulletins indi- cated, was the report, which still lacks official confirmation, that it had been decided to associate the heir to the throne, Archduke Charles Francis in the government of the country and opinion, however, of the delegates |\hat he was to assume the position (Continued on Page Two, Column One.) Heir to Austrian Throne a Soldier Vienr.a, Nov. 21.—Archduke Charles Francis, grand nepfiew of Emperor Francis ‘)oseph became heir to the throne of Austria-Hungary by the as- sassination of Archduke Francis Fer- dinand prior to the outbreak of the war, He has been in command of the Austrian armies on various fronts during the past two years. Archduke Charles Francisco was born on August 17; 1887. His wife was Princess Zita of the Bourbon house of Parma. His father was the Archduke Otto, who was the younger b of Francis Ferdi iMPEROB OF AUSTRIA-HUN- GARY, WHO IS DEAD. arly Seventy Years On Trains, at Hotels. News 8 The Aged Emperor Francis Joseph, Ruler ’ of Austria-Hungary, is At Last Dead After ~ His Long Reign of 1\_/9 Requiescat in Pace WOMAN SAW MEN NIGHT OF MURDER Mrs. Alice Willard Testifies at Red Oak About Mysterious \ Meeting. BEFORE MOORE KILLING Red Oak, Ia, Nov. 22.—(Special Telegram.)—The Wilkerson $60,000 damage suit was continued this morn- ing with the cross-examination’ of Mrs, Alice Willard, who testified that she, in company with a Mr. Mc- Cray and Miss May Freeman, heard F. F. Jones, W. B. McCaull, William Mansfield, Harry Whipple and a fifth man whom she did not know, whispering in the vacant lot north of the Joe Moore home on the night of the murder. She said she talked with F, F. Jones in his store August 16, 1916, about the anonymous and threatening notes she received in the summer of 1916 and that she told him that she received the notes but that his name was not signed to them as Mr. Jones had heard. Attorney Beeson then asked her if she would’state positively that it was these men she saw there, and she said she would, Mr. and Mrs, Ffed Whipple, living north of Villisca, testified that Albert Jones and W, B. McCaull were at their home early the morning after the murder and that when they told Jones of the murder-he expressed no surprise. A new linc of procedure in the case was taken up in the testimouny of Walt Marsh, Henry Gourley and George Spargur of Villisca who stated that after the Moore murder, W. B. McCaull in_his pool room showed them a piece of bone which he said was a piece of Joe Moore's skull, Harry King testified that he pur- chased the McCaull pool hall in De- cember, 1912, and that he found un- der the cash register a piece of bone | This bone he described as concave in shape and about three or four inches in diameter. OUIGGLE IS CHOSEN BY HANUACTURER THE WEATHER FAIR SINGLE COPY TWO CENTS. HUGHES SENDS HIS REGARDS 10 B THE PRESIDENT Republican Candidate Congrat- ulates Wilson on His Re- Election to Office of Chief Executive. MIXUP IN CALIFORNIA Secretary of State Will Not Give Electors Certificates Unless Errors Corrected. NOT TO AFFECT RESULT Lakewood, N. J., Nov. 22.—Charleg E. Hughes, republican candidate for president in the recent election, night sent to President Wilson a tele- gram congratulating him upon his re- election. In his telegram Mr. Hughes said: “Because of the closeness of the vote I have awaited the official count in California and now’ that it has been virtually completed, permit me to extend to you my congratulations upon your re-election, I desire also to express my best wishes for a suc- cessfyl administration, California Flareup. Sacramento, Cal, Nov. 2Z:-=Secre- tary of State Frank C. Jordan pre- dicted that unless certain mistakes and omissions discovered in returns of the election from Yuha county and Orange county are corrected, he will withhold the certificates of clection to presidential electors from California. Should this be done there will un- doubtedly be a delay if not a serious situation possibly affecting even the re-election of President Wilson, since the election depends on the votes of the thirteen presidential electors from California. Jordan’s Statement. Following is a statement issued by . Jordan concerning the situation® “Under the provisions of Section 1313 of the political code, it is the duty of the secretary of state to compare and estimate the votes given for electors. Such comparison and esti- mate is to be made as soon as returns are received from all the counties in the state. “In Marysville precinct No. 3, twelve democratic electors are credited with ninety-six votes each, but the votes received by Loren A. Handley, democratic elector, have not been credited because the election clerks failed to inglude the vote in State Asgociation Wants Uni| their returns to-the supervisors, the of Nebraska to Broaden Extension Work. TO DEVELOP WATER POWER C. C. Quiggle of Lincoln was elected president of the Nebraska Manufac- turers’ association, wliich came to a close Wednesday afternoon, With the exception of H. E. Gooch of Lineoln all the old vice presidents were re- clected. They are J. W. Steinhart of Nebraska City, L. A, Kinney of Has- tings and R. W, Beasley of Omaha. C. C. Smith of Exefer was elected secretary and A, C. Scott of Omaha treasurer. Directors elected for a period of two years are L. M. Ward,' Lincoln; F. E, Pratt, Fremont; John Silver, Superior; Jay Burns and W, H. Clarke of Omaha. Directors elected for one year are C. L. Aller, Crete; E. F. Huse, Norfolk; T. E. Adams, Beatrice; R. H. George Lincoln; W, J. Monaghan and R. A. Luessler of Omaha, Lincoln Next Year. Following out the plan of former years to alternate the convention be- tween Omaha and Linceln, the latter place was selected as the convention town for 1917, Before the meeting came to a close the manufacturers recommended the following: That the Nebraska delegation in congress be instructed to-urge legis- lation on te enactment of a law that will promote foreign trade, That the Univversity of Nebraska regents be urged to broaden their ex- tension work to include merchants’ in- stitutes and short courses in the cities and towns. " Boom Good Roads. That approval and endorsement be sent to the Association of Commer- cial clubs for the work it has been doing along constructive lines, espe- cially on good roads, publici(y and state conservation. ‘That the state appropriate an equal amount to that of the government, so that it can share in the national road building fund. Jraners Paris, Nov. 22.—Although no offi- cial confirmation of the death of Em- peror Francis Joseph had been re- ceived in Paris early this morning, the press generally accepted the news as authentic. Special editions an- nouncing the emperor's death were bought up rapidly and the passing of the monarch was discussed with greatest interest. In their comment the newspapers are merciless. The Matin says: “The sinister old man who for sixty-eight years wore the double crown disappears too soon, notwith- standing his eighty-six years, for he has not seen the approaching hour of expiation of the crimes for which he- will bear eternally in history a crushing responsibility and stigma. But the specter of punishment must have haunted his latter days if this man, so monstrously indifferent, was — Joseph accessible to any feeling whatever— | this man who witnessed unmoved the Matin Comments Mercilessly on Life Work of the Dead Monarch supervisors could not ascertain such vote and therefore the county clerk was unable to include it in the returns to this office. The returns from this county are incomplete, More Glaring Case. “In the county of Orange a more glaring cage of disfranchisement is presented, All the voters of Orange Thorpe precinct have been denied an expression of their wishes, as indi- cated by ‘their votes. Because the tally lists are in the sealed envelopes' containing the ballot the board of supervisors could not ascertain the vote in that precinct, and the returns certified to this office are not com- plete because of such omission. “If these mistakes are not cor- rected, if these partial returns are to be accepted, if the will of the voters of these precincts is to be disregarded, even the vote of one elector, why can not other mistakes be permitted to occur in other counties and precincts and thus the will of the voters be thwarted and confusion result. “Tt is the duty of the democratic and republican state central commit- tees to take immediate steps to have these mistakes corrected, cven if the aid of the courts must be invoked, oth- erwise the secretary of state may deem it his duty to withhold certifi- cates of election to presidential elec- tors in order that an evil precedent may not be established.” Won't Affect Situation. . San Francisco, Cal.,, No. 22—0. K. Cushing, chairman ‘of the democratic state central committee, said today that, in his opinion, no action con- templated by gecretary of State Jor- dan could possibly affect the situation as it stands—that President Wilson's lead in the state is safe, Statistics gathered by republicans and completed at noon today, showed that the lowest democratic elector in California was 1,242 votes ahead of the highest republican, making the elec- toral delegation solid for Wilson. Pigures Unchanged. Los Angeles, Cal., Nov. 22.—Can- vass of Los Angeles county’s vote in the presidential election was com- pleted today by the board of super- vistors and it was expected the offi- cial certified records wouuld be sent to Sacramento late today. There were no changes from announced semi-offi- cial figures. No Difference in Results. Oakland, Cal, Nov. 22—Totals on Alameda county's election returns were completed today, showing prac- tically no difference over the unoffi- cial figures. Next to Los Angeles worst catastrophes heaped up by fate |county Alameda county cast the heavi- on his family and his country. The irony of fate—if he had disappeared from the scene three years sooner, the world would have forgotten his calculating cowardice, his ferocious egotism, his hyocrisy, and would have remembered only the private and public misfortunes which marked almost all the years of his reign, with- out reflecting that these misfortunes were all deserved. He would per- haps have been pitied. But justice has not permitted that he swindle the world out of this supreme homage. It has made for his death a setting of reprobation and horror.” It is not believed in Patis that the death of the emperor will affect the war in any way. The general im- pression here is that he had long been more or less of a figurehead, signing without reading documents to which his signature was necessary and tak- ing no part in affairs of state. est republican vote in the state. .......... ddni Al You are as close to the Bee Want-Ad Department as your phone is to you. Tyler 1000 Lowest Rate, 1c per word. Best Results. Best Services