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Fair and Much Colder
Yesterday's Circulation, 45,865.
WASHINGTON, FKIDAY EVENING, JANUARY 3, 1913.
PBICE ONE CENT
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FILE NEW BRIEF
TO EVADE PRISON
Gompers, Mitchell and Morrison Fighting to
Escape Jail Sentences Imposed in
DECISION OF JUSTICE WRIGHT
BITTERLY ATTACKED IN WRIT
TO BE I
Committee Decides All of
Pomp Which Marked Ar
rival of Taft Is O. K.
WISHES OF WILSON
ARE THUS IGNORED;
Congressman Drowns Self At Colon BELIEVE TAFT
WILL NOT PICK
All Interests Concerned Favor
Adherence to Precedent by
By vote of the general inaugural
.- A voluminous brifef setting forth reasons why Samuel
Gompers, John Mitchell, and Frank Morrison, officers of
the American Federation of Labor, should not fro to iail for
mVarroA fi t. .ci-j x.j .li. t- i i committee at its first meeting today,
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Court of Appeals by Attorney Jackson H. Ralston, one of
the counsel for the respondents.
Gompers was sentenced to twelve months in .jail,
Mitchell to nine months, and Morrison to six months by Jus-
tice Dan Thew Wright ,of the District Supreme Court, after
they had been found guilty a second time for alleged con
tempt in connection with the court's injunction prohibiting
v them from carrying out a bo ycott against the Buck Stove
and Bange Company of St. Louis.
APPEALING TO UPPER COURT.
It is from this judgment that the federation officials are appealing to
the upper court, and Jn, the event of an adverse decision the case will be
carried to the United, States Supreme Court The court of last resort set
aside the judgments the lower courts the first time and the proceedings
were renewed within twenty-fcur hours on May 16, 1911.
Much stress is placed by Attorney Halston In his brief filed today on
the contention that the proceedings are criminal in nature and that the
statute of. limitation holds. It is also strongly argued that the three labor
heads w'ere convicted of lack of respect for judicial authority rather than
contempt of court.
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jresie court is not vested with the inherent power to punish for con-'
Ujsjpt. It Is claimed that the court was created by written law, that its
jurisdiction Is defined by written law, and that its power to punish Is
limited, to specific contempt embraced in the statute creating It
Opinion Is Attacked.
An argument is also based on an
allegation that' .Justice Wright did
not rely solely upon the evidence in
reaching the decision he did in his
.Attorney Ralston also makes an
attack on the method of procedure In
the contempt proceedings. He sets
forth that "without a single excep
tion from the time of Magna Charta
to the death of Henry V every single
case of contempt was dealt with
. alone by action, Information, present
ment or indictment," and in none of
the cases was there summary pro
ceeding without a trial by jury.
Legal Grounds in Brief.
Many legal and technical grounds are
set forth in the brief. Summing up the
argument with respect to the plea of
statute of limitations. Mr. Ralston
"From Its beginnings contempt of
court has been a criminal offense for
many years triable, only by Jury.
"English and American courts unlle
at this day In regarding it as a crime,
although usually tried by the court in
a summary manner.
"Courts have granted, or refused, as
the case might have been, -arks of er
ror, because the offense was criminal.
"Presidents have pardoned those con
victed of crimlna contempt as having
been guilty of an offense against the
"The want of a trial by Jury docs
not, because of the constitutional re
quirement, affect the character of con
tempt of court as a crime.
"In Indirect contempt the accused has
a right to be Informed of the nature
of the charges against him, which roust
be put under oath, and to confront witnesses.
'The prosecution In this case nat in
fact a prosecution under a criminal in
formation historically and otherwise,
and had under the statute, the Supreme
Court of the District of Columbia hav
ing no power to punish outside of the
Opinions Are Cited.
"Courts have repeatedly decided the
direct proposition that the criminal sta
tute of limitations could be Invoked to
bar prosecutions for the offense of con
tempt of court.
"The plea of the statute being good,
snd no sufficient replication having been
filed, the cause should have been dis
continued on Seventh Page.)
FAIL TO IDENTIFY
TMCK AMP KILLED
Many Persons Visit Scene of
Tragedy, But With
FORECAST FOU THE DISTRICT.
Fair and much colder ton'ght: Satur
U. S. BUREAU. I AFFLECK'S.
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Believing the unidentified white man
who was bound hand and foot to the
tracks of the main line of the Pennsyl
vania railroad, with 200 yards of the
Patuxent railroad station, Anna Arundel
county, Md.. and ground beneath the
wheels of one of the bigegrt locomotives
on the road, may have lived in Wasn
lngton. many persons from this city
went to Odenton. the county seat, today
and viewed the body. Up to a late hour
this afternoon the man had not ben
Fred Sanberg, official photographer
of the Police Department, went to Oden
ton today and made photographs of the
victim and scenes surrounding the
Not Believed Missing Baker.
It was suggested to the police today
that the dead man may have been
John C. Berg, a baker, who has been
strangely missing since Chrls'mas
night from his home. 7S O utreet north
cast. Berg was said to have been de
spondent and his relatives fear he
might attempt suicide.
Comparing the description of the dead
man with that of Berg, the police say
they are convinced the murdered man
was not the mlsnlng baker.
Sure It Is Murder.
Investigation by Coroner Byron
Phelps, who was notified as soon as
the mangled remains were found by a
track walker, has convinced him the
man was murdered, but so far no theory
as'to tne motive for the crime has been
The head was cut off and one leg
severed. The wheels of a heavy lo
comotive otherwise mangled the body.
It was while trying to Identify the
body that persons found whft thev
believe to be clear evidence th.it the
man was tied down. Pieces of burlap.
In strips strong enough to nold a
man. were found near his body
The man is thought to have been
about thlrty-ilve years old, five feet six
inches tall, and weighed about 130
the induction Into office of President
Wilson will be conducted just as was
that of President Taft four years
ago. The committee voted to proceed
on the theory that the Pension Build
ing will be secured for the inaugural
ball, and Chairman George E. Ham
ilton, of the legislation committee,
reported that he believed Congress
would grant the use of the building
Chairman Hamilton, of the legisla
tion committee, told the general
committee that the bill authorizing
the use of the Pension Building for
the ball will be introduced by the
same date as was the bill, in similar
terms, four years ago. This was the
27th of January.
Not Too Simple, is Verdict.
A discussion of the whole Inaugural
program relative to Its "simplicity" was
a noteworthy feature of the general
committee meeting In the Red room of
the New wlllard today. Dr. Thbmas
Nelson Page, chairman ot the reception
committee, declared that the inaugural
should be simple rather than gorgeous.
.but' he dldHargiieIqYorqfjpnlU
His treatment of the question was gen
eral and academic rather than specific.
Others who took part In the discussion
were Corcoran Thom, George E. Ham
ilton, M. 1. "Wellcr. John Joy Edson,
Henry E. Davis, and Chairman William
Corcoran Kustis. There was little di
vision of opinion on the details of this
question, and the vote to adopt the
rules of four years ago was unanimous.
College Section of Parade.
Committee reports by each chairman
were made at today's meeting and the
report of Robert
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CONGRESSMAN W. W. WEDEMEYER
copessw m CAPITAL IN :
Many Persons Sure He Will
Let Wilson Name New
CASE OF GOETHALS
SITED AS EXAMPLE
President, As in Canal Zone Mat
ter, Likely to Delay
OVER HIS DEFEAT,
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Wedemeyer Leaps-Into Sea
on Way-.Home From
Czar's Son Is Well;
Will Resume Study
GENEVA. Switzerland. Jan. 3. Tho
Russian Imperial crown prince Is said
today to have completely recovered his
health. He Is about to begin his
French studies, and a Snlss professor.
Pierre Glllard. has been appointed his
tutor by the emperor of Russia,
organizations Included the statement
that he will name a special subcommit
tee to deal with the college section In
Mr. Harper said he had heard from
universities and colleges all over the
country saying that they wished to send
representatlevs here and that those with
whl h the President-elect had been con
nected were particularly ea;?er. Thi si
Include Davidson College, N. C, where
Wilson was first a student; Princeton.
Johns Hopkins, where he took his doc
torate, and the University of Virginia.
Even the Bryn Mawr girls, where Mr.
Wilson did his first teaching, are eager
to take part somehow and the specta
tors of the parade March i may see a
delegation from this famous woman's
college, marching down the avenue.
The college section is the one reiilly
novel feature of the whole Inaugural
program this year. It will be led by
members of the class of "79. Princeton
of which Mr. Wilson wus a member,
with McComb's class comlnur next. A
(platoon of university and cullepc
presidcntE will be just apead of the
No Bands In Station.
It wa3 announced that troops de
training at the Union .Station will
draw up In formation on the Plaza
and not in the station, and that no
bands will be allowed lnsldr.
The W. P Van Wlckle. ch.ilrmLn of
the committee on historic lles, an
nounced that his commlttuc will mark
from 150 to 20n historic sites und will
Issued a pamphlet for popular distrib
ution explaining not only these Bites
but ether points nnd place of Inter
est In the Capital. This was an In
novation four years ago nn.i was re
fflrded as greatlv servlcoubl to vis
Gen. Leonard Wood reported that he
had written all the State adjutants
generul asking what each State plans
to send In the way of troops Details
tit hit nriranlzatlnn tnnlittlf r til .ki
of stff. will be made by him in a day
. or two.
The general committee voted thn
Public Comfort Committee, now pre
paring to fight the "rooming trust,"
the sum of 12,000. It was voted to
meet regularly on, Thursday mornings
at 11 o'clock.
The sum of JI.I50 was pledged today
to the Inaugural fund, according to
Chairman Thom, of the finance com
mittee, the total subscriptions now bc-'n-
fi3,00. Mr. Thorn's teport is as fol
lows: I'icvlously acknowledged. 161820; John
W. Brawner. $100; J. Leo Kolb, JJ0
T. A. Wlckerfham. $100; George w'
Kvans. $25; George T. Keen, Inc.. $100;
William A. Henderson Company. J2s
Samuel J. Henry. $50; Byron 8. Adams!
J100; E. Southord Parker, $J00; John U
Weaver, $1(0; Otto Luebkert, $100; total.
Little Girl Dies
Of Severe Scalds
Suffering from a mental derangement
thought to have been due to his de
feat for re-election to Congress, W. W.
Wedemeyer, escaped from an attendant
and ended his life by jumping Into the
harbor at Colon last night. He was
aboard fliA Rtrarnitr P.innmn nrhtrh venm
Harper on civic j to have brought him to the United
States. News of the suicide reached
Washington by wireless this afternoon.
The body was not recoveied. There
are many sharkf) In the hnrbor of Colon,
and the fate of the Michigan Congress
man Is lalrly certain.
Tried To Die Before.
The Michigan Congressman went to
the Panama Canal Zone with a party
which arrived Just when President Taft
was leaving. Wedemeyer showed signs
of derangf-ment on the trip South, at
ti mpting then to Jump overboard. After
the party landed the defeated Congress
man uppeared to be better. Soon ho
became violent und was sent to the
hospital at Ancon. It was proposed that
he be sent back to the United States
on the battleship Arkansas or Delaware.
It was thought that It would be as welt
to send him home on one of the Isth
mian vessels. The Panama Js a Govern
Born In Michigan.
Congressman Wedemeyer wai born
tn Michigan In 1873. He was graduated
from the University of Michigan and
was deputy commissioner of railroads.
In 1E99 he began practicing law In Ann
Arbor, and except for a brief career
as American consul at Georgetown,
British Ouluna, In South Ann rlca, prac
ticed law until his election to Congress
In 1910. He was married in 1301.
DAMAGE JS HEAVY
Chimneys 'Trees, arid' RotJfsJ
. All Oyer: -City Blown
About in Gale.
RAUEN DIES JAN. 31
FOR WIFFS MURDER
Former Member of U. S. Army
Engineer Corps Hears His
Doom Without Tremor.
Falling Into a tub of hot water In
which her mother was picparing to
wash some clothes, three-year-old Nel
lie Bladen, of Tenleytown. was to badly
rcalded that she died early today in tho
Georgetown University Hospital.
Samuel W. Itauen, a former mom
bcr of the Engineer Corps of the
United States urmy, waa today sen
tenced by Justice Stafford In Crim
inal Court No. 1 to be hanged at the
District Jail on January 31 for the
murder of his wife. Ozelah Itauen.
on March 30, last Kauen heard his
Paucn was convicted reccntlv of
the- murder of both his wife and his
brother. John Rauen. but Justice
Stafford Imposed sentence only for
the killing of Mrs. Itauen: An np
peal to the District Court of Appeals
may serve to stay the execution of
The murder was committed nt 101G
Seventh streot southwest. Itauen had
Just served sixty days In the work
house at Occoquan for choking his
wife, and the shooting folloved a
quarrel ns a result of Itauen's effort
to effect reconciliation.
Sweeping along' the entire Eastern
portion of the United States from the
Ohio river toward the Atlantic, the
heaviest part of a forty-mtle-an-hoar
squall struck Washington today and
created havoc in certain sections. Tho
damage done fay the storm already only
is a-foretate to' what is coming, accord
ing to the Weather Bureau, which pre
dicts a wind this evening and tonight
that will rip things loose.
In Washington the damage was main
ly to trees. Roofs have suffered, ana
a plate glass window at the corner ot
Seventeenth street -and Pennsylvania
avenue was shattered. In the sections
where the wind had a clear sweep, roofs
were iniea irom nouses, barns, ana
sheds blown down, and? hay and straw
stacks blown away.
Diner Is Imprisoned.
James Mcektns. a colored driver, was
a victim of t. remarkable freak of the
wind. Ho wns preparing to drive out
of a "blind' 'alley In tho rear of the
Benedick apartment house. In 1 street,
between Eighteenth and Nineteenth
streetr northwest, when n frame stable
was Diown aown directly in front of the
mule. The debris was plied up across
the alley In such a way that Meeklns,
wagon, and mule were bottled np as
securely as If they had been aurounded
by four stone walls.
The. colored man was preparing to
climb up over the wrecked barn and
go for assistance when a large tree wns
blown down, making the hurricane even
nore secure. He managed to get out
of the wind-Imprisoned prison, but It
was several hours before the alley had
been cleared so that tho mule and
wagon could be driven out.
Steeple Blown OS.
The wind blew off the roof and tore
down the steeple of th Concordia
Evangelical Lutheran Church. Twenti
eth and G streets northwest. One of
the windows In the District building
. uiunii UUL.
Fruit stands on several street corners
were wrecked, und signs In front and
on top of many business houses and
stores were carried away. The roof of
a large house near Twentieth and P
streets was torn oft.
The police estimated this afternoon
that between 100 and 150 large trees
had been blown down.
For a time the wind qulted down,
and In the waki of the rain came sun
shine and clear atmosphere. Then the
ralh commenced again, and this after
noon the wind was blowing hard again.
PARCELS ARE HELD;
NEED PROPER STAMP
By JUDSOW C. WELLIVER.
President Taft, it is now believed.
will send to Congress no nominations
for the Board of Commissioners of
the District of Columbia.
President Wilson is expected to
have the opportunity to name the
two Coaunlaalonera who wiu suc
ceed Messrs. Rudolph and Judson,
and the best Informed circles in
touch with District 'affairs believe
that' an entirely new group of men
will come up for consideration.
President Taft is very definitely
understood to have desired to make
the two appointments to the com
mission. But be was even more de
sirous to appoint Colonel Goethals
as' governor of 'the' Canal Zone.
Holds Up Appointments.'
The Goethals appointment will not be
made, according to the latest announce
ments, mainly -because the President
has been convinced that. If made, it
would fall .ot confirmation. ' ,
The exposure of Democratic disaffec
tion over the Goethals situation;, as pre.'
sented la The Times a few y kago,
'was follawea'.by a clearing ot the at-
o his,cniatiflaior'itoyertJOrJ ot thi
zone. He has no 'enemies in Congress;,
,there is a general understanding that
he la ultimately to be governor of the'
zone, and that he likely will be made
a major general, as President Taft has
desired, by special act of Congress.
Wouid Break Faith.
But there was insistent charge among
Democrats that to appoint Colonel
Goethals governor at this time would
be a distinct breach of the faith that
was considered to have 'been pledged
when. the civil government bill was
passed. Because of this, the feeling
against the appointment soon developed
SO strongly that It not ohlr made al
together probable the failure of confir
mation, but incidentally strengthened
the 'hand of those Democrats who are
opposing confirmations In general of
'appointments by Mr-.Taft.
rne cnance ot any important or con-
io:io P. H. Is the Time Chattanooea
and New Orleans Limited leaves Was-
mgton every nigni via southern Hall
way for Chattanooga, Birmingham,
iurriajuu, .ew uncans, VICKSDUrg,
ShreveporL Consult Agents, 705 15th 8L
Kb if Mi, M, XU-4AVL
About live hundred parcels nof
packages mailed today arc held un in
the Washington postoffice because the
senaers tailed to put parcel post
stamps on them.
All of these packages arrived at the
office between midnight last night and
Muuu iuub). ii is prouaoie mat th
total packages held for postage will
tuiui u wiuusanu oeiore me cj
uusincss mis evening.
Several hundred of the nnrkne-o. ...
from large business concerns, profes
sional men, a clergyman, and others
supposed to be familiar with this new
Parcel post business in Washington
la extremely heavy. There were 2,256
packages dispatched from the local
office yesterday. The number of pack
ages received made the total annmn.
fttately 6,000 handled.
troverted nominations getting confirmed
between now and March 4 had been
greatly lessened by reason of the agi
tation of the Goethals incident.
Willis To Drop It
The President understands this, and
Is willing to drop the Goethals matter.
It la therefore Inferred by Democrats
generally, and by people who have kept
In touch with the District Commission
ershlp situation, that no appointments
to the Commissioner posts will be sent
to Congress. This wus very confidently
predicted today, and the prediction was
coupled with discussion as to the sort
of men Wilson might be expected to
It Is stated that Governor Wilson has
rather more familiarity with Washing
ton conditions than might be presumed.
The quarrel over the inaugural chair
manship, for one thing, necessitated
the illumination of some phases. In a
manner that impressed him a good
Tho suggestion was made today that
Mr. Wilson might be expected to ap
point one Democrat and ono Progres
sive on tne board. The Progressive
need not necessarily be a member of
the political party of that name, but
the name most prominently mentioned
Is none the less understood to be that
of a former Republican who became a
political party Progressive during the
late campaign: Dr. Charles P. Neill,
now Commissioner of Labor.
. Judson Hay Win.
That Colonel Judon will be reas
signed to his post on the District Com
mission, Is regarded as moro probable.
In view of the expectation that Wilson
will make the appointments. Colonel
Judson is a Democrat In politics; al
beit, as an army officer, never an act
ive participant In political affairs.
There hHS been a strong movement
to have htm made vice governor of the
canal zone,With the expectation that he
would become governor on the retire
ment of Colonel Goethals. But. with the
organization of the canal civil govern
ment postponed for a year or two. the
natural thing would be to leave Judson
where he Is now. The fact that ho has
strong backing among the people most
likely to influence the President-elect Is
taken to point to the probability of his
retention as Engineer Commissioner.
He Informs Taft
Goethals Is "In Bad"
Senator Brandcgee called nt the
White House today and informed Presi
dent Taft that It would .be useless to
send the name of Colonel Goethals to
the Senate as civil governor of the
Canal oZne. This is understood to de
termine the President's action. Sena
tor Brandeaee lr ono of tho "scouts"
cent to the Senate by the President:
IN HOUSE INQUIRY
Witness Critical of Stock-Selling Method
and ''Literature" of Capital Finns .
Regarding Profits Made.
ATTORNEY PROMISES TO SHOV
UP ALLEGED REALTY "RING"
Appearing as an expert, Alfred AL Best, of New York,
offered testimony regarding the Krst- National and Com-,
mercial Fire Insurance Companies and the nnderwritiar
firm of Tuttle, Dudley & Wjghtman, when .the Howe Dis
trict Committee resumed today its investigation of the be
of the superintendent of insurance and these .three ceBeeraf.
Previous to the testimony'of Mr. Best, Attorney Charta
F. Carusi, represening the insurance companies, served aotiee
that he would produce later evidence to show the existeiee
of a "real estate ring" in the District.
This evidence, explained' the general counsel, wbuld.be
in answer to the statement of Edward T. Stellwagex that ae
such "ring" exists in the Capital.
EXPERT CRITICIZES THREE COMPANIES.
"Mr. Carusi attempted to put In evidence today a sMgasjlae .article fcr
Robert M. WooUey, entitled "The Plunderers o WsshiBgtoH.' Tatfaww
bers of the committee finally determined that docaawaUrr evWeace la
the possession of the insurance counsel might he withheld until Mr.
Best, an out-or-tdwn witness, had concluded MsT teeliaosy., T '
Mr. Best, who is the editor of "Best's Insurance News," and the head
of;a firm which Investigates and reports upon the staadiis ef iacmraaee
companies, was critical ot the Btock-selltasieiltcid of tTuttlev Dudley &.
-TlWHinsuraace expert; wis'eipeclsaiy ?ettTVis: WT.ew eeaeera
lng the Commercial Company and its reputed, "earnings." Mr. Beet said
the company had been losing rather than nuking- mosey and that k'
had no earnings unless the alleged increased valuation of the Southern
building might be so termed.
Replete with Figures.
CITY OF NORFOLK
BY tlDAL WAVE
Unofficial Report Received
Here Tells of Possible
Disaster to Town.
An unofficial dispatch receired by
the SaTy Department this afternoon
says it is reported that the city of
Norfolk, Ta, has been partially
swept by a tidal ware.
The nary wireless . station Is oat
of order, and communication has not
yet been had with nary ressels at
Hampton Roads, and all telegraph
wires to that section are down, fol
lowing a storm early today, so that
confirmation of the report was lack
ing. ARCHBALD TRIAL
BY SENATE DELAYED
Adjournment Out of Respect For
Davis Holds Up Testimony
Adjournment of tho Senate immediate
ly after convening1, out of respect to the
memory of the late Senator Jeff Davis,
prevented resumDtlon of the Impeach
ment trial of Judge Robert w. Arch-
Daia, or tne commerce Court, tnis aiier
noon. The defendant was scheduled to
appear on the witness stand In his own
Mr. Best's- testimony was TepM
with figures and followed the Uses
of a report preTlously Inserted in the
record regarding the Coaercta Ceta?
In beginning his testimony. Mr.
Best tqld of his inability to obtain
from Tuttle, Dudley & WigbtauHt
the sort of information he decked
concerning the organization, opera
tion, and Btock-selling activities e
the new companies.
He was finally brought around ta the
literature circulated by the First Na
tional and the Commercial, throsglt
their underwriters, which he said was
Referring; specifically, to a letter
signed by Robert H. Tuttle la whtefc
the statement was made that Commer
cial stock on January 1. 1911. woaM
be Increased from 111 to $13 per share,
owing- to the "Increased earnings and
surplus," .Congressman Redfleld took.'
the witness in hand and asked:
'Is the statement regarding vast
earnings calculated to deceive?"
-undoubtediyt"- saw art est.
"Had there been any actual net earn
ings by this company during the pre
ceding ten months?"
"On the contrary, there had been a
loss, except for this real estate valu
ation, If that be called an earning."
Calls It Misleading.
"Was the statement made br this
company that, .there, had been an la
crease of earnings a truthful state
ment?" "I would not so consider It."
"A statement made to that effect la a
communication to sell stock must have
been an attempt to deceive the Inex
perienced and ignorant investor," sug
gested Mr. Redfleld.
"I can think of no other alternative.
said Mr. Best. "I -would consider the
"As a matter of fact, except for the
(Continued on Seventh Page.)
IN CONGRESS TODAY.
MOTOR DEATH TOLL
IS ON INCREASE
NEW YORK. Jan 3. According to
the report or the National Highways
Protective Society made public today,
automobiles were responsible for 2a
deaths In Grenter'Ntw York during the
past year, as against 112 deaths in 1911.
The report also shows that 532 per
sons.. 230 of whom were children, were
killed in street accidents in the city In
1912. Of thii children killed. 103 were
run over by automobiles, thirty-eight
were struck by street cars and elgnty
flve were run over by wagons.
The report shows thai the S7cat ma
jority of automobile accidents were due
ta reckless drlvta.
Senate met at noon.
Adjourned Immediately, both as Senate
and as court of Impeachment, on ac
count of death of Senator Jeff Davis.
Interstate Commerce committee decides
to favorably report nomination of
Senate Dlstritt Committe meets. Loan
shark bill will be discussed in con
ference again in effort to comproailse.
Various District bills reported.
First meeting of conferees" on immigra
Hit .at noon.
The Lincoln Memorial Commission re
port was taken from the appropria
tions committee aadreferred to ta
committee on library,
The House adjourned in respect to the
memory of Senator Jeff Davis aat
The Insurance Investigation was re-
-r i '7 -i
U- . ? -A i it