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I BOOK ISLAND ARGUS. FIFTY-EIGHTH YEAll. NO. 109. THE ARGUS. TUESDAY. FEBRUARY 23, 1909. PRICE TWO CENTS. NEW YORK CENTRAL'S BIG FINE IS FINALLY UPHELD RETRIAL OF STANDARD OIL JOY FOR THE FANS REBATE CASE IS STARTEI United States Supreme Court Allows Penalty of $108,000 to Stand. in Louisiana, where the national gov ernment expressed its regret over the occurrences. REBATING THE CHARGE Law Prohibiting Railroad Passes Applies Also to Express Franks. Washington, Feb. 23. The verdict of the United States circuit court of New York, imposing a fine of $108,000 upon the New York Central Railroad company on the charge of granting re bates to the American Sugar com pany, was today affirmed by the su preme court of the United States. I'olnt Against ( oinpnn). The case of the United States vs. the New York Central, involving the ques tion whether the railroad company, which is a party to the rebate transac tion, but which did not take the initia tive, can be criminally prosecuted for a violation of the Elkins anti-trust law, was decided by the court against the company. Hum KiprmFi Frank. ' That the interstate commerce law prohibiting the issuance of passes on railroads is applicable to the granting of express franks was held today by the supreme court of the United States in the case of the American Express company against the United States The case originated in Chicago. LEAVE THE CITY Exodus ol Greeks From South Omaha Effectively Puts Stop to Rioting There. SPOKANE TO USE BOYCOTT? Plans to Force Hill and Harrlman Lines to Make Concessions. Spokane, Feb. 23. Spokane shippers are preparing a gigantic boycott against the Hill and Harriman rail roads. The report that the Spokane iate case will he decided adversely to Spokane has caused the merchants to plan an organization, and all the ship pers will unite in having out routing agent, who will route all the goods sent out from Spokane over the Cana dian Pacific in the hope of bringing the desired concession from the other roads, which will, as a result, lost the Spokane business. " Definite organiza tion will be effected as soon as it i.s finally learned that the Spokane rate case has been lost. "i SOCIALISTS CLAIM VICTORY Illinois Miners Agree Not to Help Can didates for State Offices. Peoria, 111.. Feb. 23. The resolution brought in by a special committee on political action, denying. official assist ance of the United Mine Workers of Illinois to members who should bo- come political candidates tor state of fices, was almost unanimously adopted yesterday. The result is considered by socialistic members a victory for their cause. Retiring President John Wal ker, the new president, Duncan Mc Donald, and Secretary Frank Hay3 urged the delegates to continue politi cal and financial assistance, after an nouncing their pride in being members of the socialist party. ij ANOTHER SLAP AT RAINEY THE VARIOUS BASEBALL TEAMS ARE HEADED FOR NEWS ITEM. THEIR RESPECTIVE PRACTICE FIELDS. House Refuses by Party Vote to Inves tigate Bacon's Letter. ' Washington, Feb. 23. Rising to a question of highest privilege, Clarke of Florida in the house today offered a resolution providing for an in vesi cation bv the committee on iudiciary of Secretary of State Bacon's letter , examine John Sharp, one of the de Feb. 9 deprecating the remarks of fendants. regardingPanama 1 COL. COOPER ON THE WITNESS STAND TELLS OF RELATIONS WITH CARMACK Nashville, Tenn., Feb. 23. State's. that C,armack turned his head just as Attorney Garner surprised the large crowd in attendance today at the Cooper-Sharp murder trial by announcing that the state did not desire to cross Rainey of Illinois the resolution was tabled. canal affairs. By a strict party vote1 PROTEST TO THE GOVERNOR Pan Hellenic League Asks Protection and Consuls Are Called Upon to Investigate. Lincoln, Neb., Feb. 23 The Pan Hellenic union, with a membership of 50,0m, today appealed to Governor Shallenberger for protection against the alleged lawless acts of the South Omaha rioters. . trceka lfave South Omaha. Omaha, Neb., Feb. 23. Quiet reigns In South Omaha. A probable explana- MISS SYLVIA GREEN A BRIDE Becomes Wife of Man of 65 Years in New York Ceremony. Morristown, N. J., Feb. 23. Miss Sylvia Green, daughter of Mrs. Hetty Green, of New York, was married at St. Peter's Episcopal church at noon today, to Matthew Astor Wilks. Mr. Wilks, who is about 63 ears old, is a great grandson of John Jacob Astor. Mrs. Green and daughter came to this city with the wedding party of about 30 persons in a special car. IS HOLIDAY AT NEW ORLEANS Principal Day of Mardi Gras Being Observed with Gaiety and Revelry. New Orleans. Feb. 23. The Mardi lion is found in the fact that the ex-ras is neing ceieDratea wnn typical odus of Greeks from South Omaha has eaiety and revelry in New Orleans to been practically complete. The city dav- " a legal holiday here, and officials were notified last night that 'he day is characterized with a prac not a Greek remained in South Oma-:tical suspension of business and care ha. and it Is apparent that" whatever freedom and the turning of attention may be the final outcome of the action to mimicry and fun. Colonel Duncan B. Cooper, the cen tral figure in the case, was immediate- lly called to the witness stand. He 'said his relations with Carmack had been cordial and close up to 1905, when I they disagreed over the contest be jtween Carmack and Taylor for the I senatorship. earmark Take Offense. Cooper said he supported Taylor in that contest and Patterson for gover nor ;that Carmack took offense, and ceased speaking to him, and showed further hostility by printing articles in his newspapers offensive to Cooper. Referring to an editorial article in tha News-Scimitar March 15 last. Cooper said he was informed Carmack had written it, but the. court ruled if he did not know Carmack wrote it the evidence was not competent. Sharp on Stand. Nashville, Tenn., Feb. 23. The Cooper-Sharp murder trial at adjourn ment hour last night found John D. Kansas City, Feb. 23. Dr. Cyrus Townsend Brady, at a banquet of Sons Sharp, one of the defendants, under aof the Revolution here last night de rigorous cross examination of the mob Sunday night the desired result has been at least temporarily accomplished. (recks Appeal to Home Country. A mass meeting of Greeks, at which 1,500 were present, was held in a large hall in Omaha yesterday afternoon, whew it was decided to ask the Greek GO TO ATTEND FUNERAL President and Mrs. Roosevelt Leav Capital for New York City, Washington, Feb. . 23. President Roosevelt, Accompanied by Mrs. Roost velt, will leave Washington tonight for New York city to attend the fun government to take prompt action to!era of their nPpnew Stewart Douglas i r o .1 !,! . "... . secure redress for Sunday night's at tack on the subjects of that kingdom. A. B. Cokofis, a wealthy and influen tial Greek, has taken the Initiative and says action already has been commenc ed to secure an Inquisition by the Greek minister at Washington. The entire affair is deprecated by the- better class of citizens of both cities, and doubtless will result in steps being taken to guard against a similar occurrence. Thirty-five of the rioters will be given hearings today. Inquiry by Acting Consul. " Washington, Feb. 23. U A. Coro milas, the Greek minister, yesterday received dispatches regarding the riots in South Omaha Sunday, which will be supplemented by complete detailed re ports from Milward Adams, the acting consul of Greece at Chicago, who is in vestigating the affair! It is expected that Minister Coro- milas will acquaint the state depart ment with the results of his Investiga tion, although the national government is powerless to do anything, to allevi ate the unfortunate conditions further than to request the governor of Ne braska to afford such protection in the future as may lie In the power of the state authorities. . The incident in Its broad aspect Is not unlike that of the attack on the Robinson, who was killed Saturday by fallins fromt a window of" a dormitory at Harvard college. Jewels Stolen on Ship. London, Feb. 23. Mrs. James Ham ilton Lewis of Chicago was robbed '.f jewelry worth $6,500 while on the steamship Mauretania on the voyage from New York recently. She has filed information, of the theft with the of ficials of the Cunard line at Liverpool and an investigation is being made by them. ' , Kentucky Shaft to Garfield. " Lexington. Ky.,- Feb. 23. The peo ple of Big Sandy valley In the eastern part of the state, are preparing memorial to be presented to congress for the erection of a monument at Prestonsburg to James A. Garfield whose troops ended civil war hostill ties in that section of Kentucky. Stock Market Weak. New York, Feb. 23. The stock mar ket, following London'B lead, displayed marked weakness today. The supreme court decision against the New York Central in the matter of alleged re bates helped along the weak tone. Former Iowa Educator Dead. Denver, Feb. 23. Dr. Wesley Spaul ding, former president of Iowa We Japanese restaurant keepers in San leyan university, died here last night, J rancisco and the lynching of Italians aged 84. - the second shot was fired. Denies Abuse of Cnrmaek. After the noon recess on direct ex amination Sharp deniod specifically ever having said that. Carmack "should have been dead and in hell for 20 years." He said he had always oppos ed Carmack politically . and probably said some hard things about the sena tor's political methods. The first question on cross examina tion elicited that Sharp and the Coop ers were close friends. The witness declared he never saw the revolver Robin Cooper used until the boy was using it. The state's the ory is that the automatic revolver was Sharp's and three times it has had the number of the gun entered in the rec ord. WAGE CUT IS NEXT Hundred Thousand Employes of Steel Mills Will Lose by War in Prices. are being . provided Dy tne American Red Cross society. The Italian na tional relief committee will co-oper ate in this work, which is being under taken at the request of the Italian military authorities. DISSOLVES DIET Russian Emperor Issues Rescript Closing Sessions of the Fin nish Legislature. CRITICISM OF RULER CAUSE Had Been Warned in Advance Avoid Caustic References to the Czar. to AVERAGE ABOUT 6 PER CENT Working Under aSliding . ScaleAr rangement Even Those Outside Amalgamation Affected. St. Petersburg, Feb. 23. Emperor Nicholas yesterday ordered a rescript dissolving the Finnish diet and order ing the holding of new elections May 1 to choose a new diet to assemble June 1. The step is due to the criticism of the emperor's policy in President Svinhufud's response to the speech from the throne at the opening Feb, 16. The diet has been cautioned be forehand to avoid contentious topics in its teply, this request being based on a provision of the constitution. Declares Rights Are Infringed. M. Svinhufvud, however, raised the question of the recently established control of Finnish legislation by the Russian cabinet, and declared the ac tion of Emperor Nicholas was uncon stitutional and an infringement of the rights of Finland. The establishment of a joint Finnish Russian conference to elaborate a new basis of relations between the grand duchy and the empire has been- de cided upon. Seek to Extradite Editor. The Finnish senate has requested Russia to demand the extradition of a Finn named Mustonon, who went to ATnrfcaif clears agoana "who today is editing a Finnish newspaper at New Basis of Action Ren ders Maximum Possible Fine $10,000,000. COUP BY THE DEFENSE Moves to Quash Jury Venire, Members Being Nearly All Farmers. Cleveland, Ohio, Feb. 23. That more Chicago, Feb. 23. A bitter skirmish signalized the opening of the retrial of the Standard Oil company of Indi ana for alleged rebating. Judge An derson had been on the bench., but a few moments when John S. Miller, for the defense, electrified those present by filing a motion to quash the venire of 150 men on the ground it had been improperly drawn. Majority Farmer. Sixty per cent of the venire are farmers, and only three residents of. Chicago. Surprise was plainly visible on the face of District Attorney Sims when Miller called attention to the personnel of the venire. He promptly recovered, however, and sharply op posed the motion. Delaya the Cane. Judge Anderson this afternoon ruled the venire improperly drawn. A new one must be summoned, which is said to mean an indefinite delay in the hearing of the case. Made Kanioim by Big Fine. This is the case in which Judge Land is, holding that each car lot of oil on which the Standard accepted an alleged rebate constituted a separate offepse. .inflicted .his . historic. .fin- of $29,240,000. In' reversing this decision, .the court of appeals, in an opinion written principally by Judge Grosscup. Port Arthur, Canada. Mustonon recently published in New held the car ,ot did not form an ,ndi; York a pamphlet accusing the Finnish ( viduai offense. From this decision the than 100.000 men will suffer a cut in ' uu " . ,- --,'. x-'S"- ieiew i iu luuufiics, ami me Buvurnmtjni iS Bees- hands of thi Riinrpmo miirt rm a wrft no a roc. lit nf h nnen mnrlror t . . . .. . .. I IldnU8 OI tne Supreme TOUT I On a Wm HE SCORES DELMAS FOR THAW DEFENSE Dr. Cyrus Townsend Brady at Kansas City Attacks the "Unwritten Law." Earlier in the day young Robin Cooper had with-! stood an ordeal of four hours, evincing throughout coolness, care, and an ap parent inclination to be fair. He and Sharp, two of the three co-defendants were the only witnesses of the day. Sharp told his story well under di rect examination. He was turned over to Attorney Garner of Maury county whose cross examination was of the rapid fire order. The witness proved to be a man of high temper and Garner soon had him excited. Statement Conflict. On direct examination Sharp swore he saw the killing and that "Carmack fell after Robin Cooper had fired three times." One of the bullet wounds pierced the senator's neck near the spinal cord and came out under his tongue. As Sharp swore that Carmack was facing young Cooper, aiming a re volver at him, this would be impossible to reconcile with the statement. . On cross examination Sharp said, however. livered a scathing denunciation of the "unwritten law" and openly named Delphin M. Delmas, Harry K. Thaw's famous counsel, as the "$100,000 coun sel for the degenerate aristocracy who uttered insults to God and hu manity." Delmas last night delivered a Washington birthday oration to the Kansas City Bar association. Q TRAIN KILLS A BROKER' Real Estate Man of Monmouth, III., is Fatally Injured. Monmputh, 111., Feb. 23. Ferney Jones, a real estate man, was hit by train No. 13 on the Burlington railroad tracks yesterday afternoon and re ceived injuries from which he died soon afterwards. ' Senate Passes Consular Bill. Washington, Feb. 23. The senate today passed the diplomatic and con sular appropriation bill carrying $3.- 646,000. for finished steel has been made ap parent. Members of the Amalgamated-Association of Iron, Steel and Tin Workers employed in independent plants here, the Union and Empire mills, expect a wage cut by the middle of April. In a conference of Amalgamated representa tives and employers of this district, to be held in Youngstown March 15, agreement as to the wage cut and the date of its effectiveness is to be reached. F.ipect Cat of 6 Per Cent. The men expect to suffer a 6 per cent cut, effective April 15 or 20. They are working under a sliding scale arrangement. Employes of the Cleveland plants of the American Steel & Wire company expect a cut also. These men are not affiliated with the Amalgamated. Most of the tonnage men in the plants of the country, outside the Car negie company, are without wage pro tection. The Carnegie company's wage agreement runs until Jan. 1. Have Partial Protection. Tin plate and sheet workers, pud- dlers and wrought iron mill workers are partially protected under their sliding scale agreement, good till June 30. Tin plate workers are in the Amalgamated, whose scale agreements will expire Jan. 1. Puddles belong to tho Amalgamated and Sons of Vulcan both of whose scales are identical and expire July 1. Tube and pipe men are working on such a small tonnage basis that a fur ther reduction seems impossible. Wire workers and hoop and band mill men have no organization and no wage agreement. ing him as a witness against these men.'of certiorari, but following precedent this DRY FARMING CONGRESS OPEN Six Hundred Delegates Arrive at Chey enne, Wyo., on Snowbound Trains. Cheyenne, Wyo., Feb. 23. With more than six hundred delegates pres- jent and with several hundred more to arrive on belated, snowbound trains, tho third trans-Missouri dry farming congress opened its sessions here to day. The sessions will continue three days. Trial Shows Postal Honesty. Columbus, Ohio, Feb. 23. James Brady yesterday received a $10 bill that, was not placed in an envelope and had no wrapper or covering on it at all through the mail.- The bill was mailed at Hamilton. Ohio. A string had been tied through the middle of it and a tag with the name and ad dress of Mr. Brady attached. Taft in New York, New York, Feb. 23. President-elect Taft arrived from Philadelphia, this morning and went immediately to'the home of his brother, Henry W. Taft. JEFF DAVIS' NAME IS RESTORED ON HISTORIC BRIDGE BY ROOSEVELT Washington, D. C, Feb. 23. Official amende for the sensational elimina tion of Jefferson Davis' name from the tablet on Cabin John bridge, six miles west of this city, is given in directions the president issued yesterday througn the secretary of war to the chief nf engineers of the army to restore the name. - ..." ,. . The tablet Is on the famous bridge that arches Cabin John Run on the Maryland side . of the . Potomac river. The bridge carries the conduit which brings Washington's, water supply from the upper Potomac. . It was be fgun under Davis as secretary of war, and when he joined the confederacy and became its president his name, un der government orders, was chiseled from the tablet. Repeated efforts to restore it have been made. At the 1907 convention of the Daughters of the Confederacy at Richmond a resolution was adopted asking for the Davis restoration, and Representative Meyer of Louisiana sought unsuccessfully to have this car ried out. The erasure of the name was by direction of Caleb Smith, Lincoln's secretary of the interior, after a sug gestion' by Galusha Grow of Pennsyl vania, then speaker of the bouse. Yesterday in Congress tribunal refused to consider the case. Accordingly the decision of the appellate court took effect and the case was remanded for a new trial. Judge Landis, averring that his opin ion as to the justice of his celebrated fine not having changed, refused to preside at the second trial, but Judge Anderson was persuaded to accept. (Government Changes Tact lea. The new hearing will differ from the old in one respect only the govern ment will not contend that every car lot constituted a violation of the law The appellate court's decision pre cludes this. The government legal bat teries will be trained in an endeavor to convince the jury that each ship ment perhaps a car lot, perhaps a train load was an offense. If success ful in this line of argument, the judge may fine the defendant a maximum of $10,000,000 or a minimum of $500,000. The defense, on the other band, will it is said, claim that the settlements of foreign charges constitute the al leged offenses. Of these the govern ment alleges there were 36, on which fines of from $26,000 to $720,000 may be Inflicted. ' FEWER GOING TO CANADA Immigration for Ten Months Shows a , Decrease of Nearly Half. " Winnipeg, Man., Feb. 23. Immigra tion into western Canada during the last 10 months shows a decrease of 48 per cent, the total being 126,000, as against 210,000 for the previous period. TO BUILD A MODEL TOWN American Red Cross Plans- to Make Galtina a Perfect City. Rome, Feb. 23. Wlnthrop Chandler of Philadelphia has been sent south by Ambassador Griscom to take charge of the relief work for the earthquake sufferers at Gallina. ' He is accompan ied by Prince Dorla, Marquis Spinola Count Scialoja and Dr. Montecbia! and will transform Gallina into model town with perfect sanitary ar- i rangements. The funds for this work WILL TEACH Washington, Feb. 23. Following is a summary, compiled from the official proceedings of the work of both houses of congress yesterday: J SENATE For two hours and a half the senate discussed the postal savlnKf nanK proposal, hut an attempt to reach an agreement as to a day for voting on the measure failed. The reading by Senator Mcbaurin of Vashinrton'K farewell address consumed the lirst hour of the session. Senator Aldrieh obtained the consent of the senate to a resolution continuing the committees of the senate as they now exist until their successors are chosen In the next reg ular session. The agricultural appro priation bill was taken ud. The Benatc adjourned at 4:40 n. m. HOliSK A second speech of Mr. Rainey of Illinois reiterating his for mer statements concerning the Panama canal and a bitter arraignment of Mr. Riney hy Mr. Burton of Ohio furnished the principal incidents In the house. After the Illinois member had spoken for an hour in further denunciation of William Nelson Cromwell. Mr. Burton took the floor and vigorously defended Mr. Cromwell. C. P. Taft. President-elect Taft and others whom Mr. Itainey on a former occasion had made objects of his attack. . Mr. Rainey, he said, had furnished bo proofs of wrongdoing in connection with the purchase of th Panama canal franchise, hxtt- instead had conjured up wrongs and buttress ed them with slander- and falsehood. thereby placing him on a level with "the scurvy politician. - He challenged Mr. itainey to get rrom behind the pi-tv tec tion afforded htm by. the constitu tion of the United States and rules of the house and make his charges In the open. Following tha sending of the army and Indian appropriation bills to conference consideration of the sundry civil appropriation - bill : was resumed. and it was pending, when the house at v - ,t p. m. adjourned. 1 : ; .- PATRIOTISM to Be Suna Star Spangled Banner'' in Schools. s Indianapolis, Ind., Feb. 23. Tha house of representatives yesterday passed a bill requiring the Star Span gled Banner to he sung in full in the public schools of Indiana. The bill will now go to the senate. R0L0NG THEIR' HOLIDAY No Quorum in Legislature and Vote on Senator is Impossible. Springfield, 111., Feb. 23. There was no joint ballot in the legislature for senator today, neither house having a quorum present. Roosevelt Back in Washington Washington, Feb. 23. The yacht Mayflower, bearing the president and party on their return from Hampton Roads, reached dock at 7:25. The par ty left the navy yard In carriages in a drizzling rain. , Officiates at Two Weddings. ' Justice G. A. Johnson last evening at C o'clock officiated at the marriage a c his office of Harry I Speck and Edith Freisinger, both ;. of Cedar Rapids, ,' Iowa. : At 2 o'clock this afternoon he united Herman Maurice Lerch and Sadie May McAnninch, both of Daven port. , . , . - v r I.