I The Bee's Letter Box
Inritts short contributions on cur
rant topics from Zta readers. lat
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The Omaha Daily
VOL. XLII-NO. 144.
OMAHA, TUESDAY MOUSING, DEt'KMUElt a, 1)1'2-TWELVE 1'AUES.
slXcile copy two cunts.
DERI HRFfl TRUST RY
-"-"II IWI I I I V V I L I
THE SUPREME COURT
Government Wins Suit for Dissolu
tion of Relations Between Union
Paoifio and Southern Paoific.
JUSTICE DAY HEADS DECISION
Aoquisition of Stock Declared Vio
lation of Sherman Act.
REMANDED TO LOWER COURT
It is Ordered to Reverse Order Dis
CERTAIN MODIHCATIONS MADE
In ton Paclflo Wilt lie AllnnrA Io
Aeqnlro Central Pacific Under
j Condition Ontllurd by
T A3HiNQT0N, Dec. 2,-The supreme
ourt today In an opinion announced. by
JusUo. Day held that the Union Pacific
toclc tn the SouUiern Paclfle had ef-'
fected' a combination in violation of the
Sherman anti-trust law.
.luatlce Day, readme the opinion, indi
cated that the court would enter a decree
to dissolve- the combination and alao an
Injunction to prevent the Union Pacific
from vWlna- ' Southern Pacific atock.
In announcinr the opinion Justice Dar
'Thin court reaches the decision that
the Union Paclflo and ' Southern PaolHo
xy?tems, prior to the otock purchase,
were competitors encased In interstate
commerce, actlhs Independently as to a
large amount of such carrying trade, and
that since the - acquisition of the stock
In question the dominating power of the,
Lnlon Pacific has suppressed competition
between the systems and has effected a
combination In restraint of interstate
commerce within the prohibitions jot. the
Will )Me InJtinuOun.
"Ill, order to enforco , the,- statute, the
court lo required, to forbid the rtofAa: In
the future of acts like those which are
found to ' have been done In violation
thereof and to enter a decree which will
effectively dissolve the combination 'f ciurul
to exist 'in violation of tho statute.
"The decree should provide an Injunc
tion against tlin rifrlit to vote this atock
while In the ownership or control of the
'l.nlon Pacific company or any corporation
owned by It, or while held by any cor
'poratlon or person for the Urilon Paclflo
Company and forbid' any transfer or dis
position thereof W'sucn wise as to con--tlnue
Its control and should provide an
Injunction ajainsl the. payment of dlvl-ilenfi's-
upon such' stocltfl while thus held,
oxcept to a receiver" to bo appointed by
tho court' wlileh shall collect and hold
such dividends uritll disposed .of by the
decree, of the court.
As the court below dlsmatsed the cov
ernment'n'btll It, was nee'esaary to-con-sldar
the .disposition of the .share. Of
stock Beguiled by the, Uplon Pacific com
pany which acquisition, we are told, con
stituted an unlawful combination In viola
tion of the .aptl-truat act. ,To .effectually
conclude tho operating force of the com
bination such dlsposjtlpn tdould be niade
Bubject to the .approval end dpcree of the
ourt and any plan for the dlspoeitlon of
this stock must be. such as to effectually
dissolve the unlawful combination thus
it rated. The court shall proceed, upon
the presentation . of any 'plaiv to hear
lhd"sovernment and defendants and may
brii.B additional parties whose presence
may he necessary to-a final development
of the stock In conformity to the views
May Unr Central Pacific.
'As to the suggestion made at the oral
argument, by the attorney general as to
the nature of the decree, that one, must
bo entered whloh. while destroying the
Unlawful combination, lnuofar as the
Union Paclflo secured' control of the com-
prtltlnt; line of road extending fiom New
Orleans and Galveston to San Francisco
snd Portland, would permit the Union
Pacific to retain the Central Paclflo con
nection from Ognlon to Ran EYancieco and
(Continued on Pane Two.)
tnr Nebraska Increasinr
Fur Iowa Jnoreasinsr
'IVmperatar at Omaha
5 a, m
6 a. m
7 a. m 15
8 a. m IS
a. m, 1C
10 a. m...., :$
11 a. m :'l
11 m 6
1 p. m a
'i p. m 23
3 p. m 31
P. ra..., si
5 p. tn.. ,. :o
6 p. m t
p. m ,b
S p. ni TS
Conparalle I. oral Itri-ord.
lli. 1K11. IfllO.
. T. Ai
Hlshest y tat era so 31
Lowest yes tenia)' in. 31 .is
Mean temperature IS 41 Sfi J?
Preolpltatlon T .W .W V
Tnmperatiirr anl precipitation depar
iiirrn front the normal:
Normal temperature 31
Defleten-y Cor tho day. , g
ot'-l 'iff K-ce March 1 62
N' rninl prtllrrUMsn Mlnoh
( i Innv for tno day 61 Inch
''otHi rainfall lncn March 1, .24. M Inches
Hericioncv ir.ro March 1 8.63 Inches
IVflCleilCV for cor. prrio-J, t91l.lS.10 inchei
Delidf ucy for cor, period, HflO.U.ti inches
Itcjiort from !ttall.ia Hi 7' P." at,
statflin and .State Temp. Illeh- Kaln-
of weather. i p t. et run
i heyctine. clear......-.. 5
Daveutott. clear 2R
I'MIW, elnar K
lies Molnes, .lear 21
todi City, clear )
Ijmder. r)oiWv .t3
-ortH PlatteJ Jear.... .
nmuUa. rlcar. 1
inld City. cl.r... fx
.... . V
-alt Lake flly. oioar.. . j
-i ita Ke. cloudy.. .... .
H'leridin. rt- U'Udy ...
Mo.ix City, -ltar.t - ... W
lei.line. in- - y
r lndlfftte.- traei- of Mo1nltatloit
t- A Ixx-al Forcufciiter
r i uoiuuu wx JLVi.TVjJ.t3
and Harbors Work
WASHINGTON, Dou. 2. Ketittiixtes ag
grcgatlrtg So6.7ai.JJJ for Improvements
rrror and harbor win tbroughou
country during the nest fiscal j-
submitted to congress todn.
nuat report of General Willi
ohlef of engineers of (
Is Uim.m greater thanSHKalPH tor i
the last flrual year, uflBrOt tho
total. KISS.OIO, iriHKsfotCO for
of rivera and harbor., TTOr which there
may be no special appropriation sub
mitted, It Is to be provided for In thn
regular river and harbor appropriation
bill at thin session of eonarwis. For the
continuing of contract work. J1I7,JS2 Is
ashed of congress to Ki appropriated In
the sundry civil appropriation bill.
IMimates tar improvement? Include
Mississippi TUver Head of pa to
Ohio rlvr, t6.0uo,cW: Ohio river to Ml
soui I river. U.OO0.COO; Missouri river . to
Minneapolis JICO.CUU; high lock and dam
between St. Paxil and Minneapolis N
wu; imumwen pas. ijLwm.
t Missouri River Six-foot channel. Kn-
I Kan City to mouth, SilOO.OOO; Improvement. I
' Kansas City to Sioux City. 1150,00); Sioux !
City to Fort Bpnton, flSu.OOO.
Ohio River Ioess and dams below
, rutsburtcli. i:,000,W; open channel work,
' '"''0!' , , . , ulm ,..,.
11 p?.rUon VJ b,P .rer.?r lre".S
tf.at the plans uf tho national coaet de
fense board are sufficient for present
needed He submits estimates on account
of fortifications In the ' United States
proper, aggregating 11.111.009. some of the'
details being for gun and, mortar batter
tfg, J10O.WO: modernizing old emplace
ments, tytfy.tJSO; .eltctrloflt Installation;:.
SX'.DUO; searchlights, M,0w; rites for
fortifications, flSO.tOO, nnd preperraUon
and repair of foits, i3O0,VA.
lt the fortification In the insular
possessions, the estimates aggregate
M,2B,SSJ, Including sea coast battorius for
Hawaii, S70,OM: for .the Philippine, Sk
Mu,0U; for electrical Installation. J8t,4tSS:
for casemate and galleries for mines In
(he Philippines,, $07,000.
Disburses $500 to
Kill Bill in Dakota
!T, UUIf, Dec. 2. That as asrent for
the International Harvester company he.
spent $3X1 or tVM In 1903 to kill a bill
pending In the South Dakota legislature
which1 would have authorized tho manu
facture of blndintr twine 1 nthe state
penitentiary, was testified' to today by
MIohael IT. Lamb of Mlstlon, Tex., at
the openlnc session oC the Hi. Ixiuls
hearincr in the government suit'- to dls
ctolve the International - Ilan-esjer com
pany. "Testimony 'was, taken before. Spe
cial Examiner rtobert Taylor of Duluth.
Lara3t.who was formerly a ..fificral;
agent 6f' the cCarritleli HttAciler.-ci"n5-
pany and later of the International,1 tes
tified that when the bill came up he oon
uulted John: H.i Bowler, fdriner' warden
of the penitentiary and belnr told It
would -take money- to. defeat the bill he
wrote to Henry Daniels.' general man
ager of. thn International.. . '
"A few 'days later I received a package
of JM. bills, with InMniQtlons to-tiltn the)
money, over to -Biwler. . Lamb dooiareu.
He explained he thought tho money was
a contribution. not.a,.bribe.. He also paid
M. or $100 toa reporter . to - write an
editorial against, the passu ffe of the
twine bill, Lamb further testified..
The witness narrated a "conversation
with Harry L. McCormlck In Chicago In
January, 1803. in which McCormlck com
plimented him for his loyalty in tho past
to tlae McCormlck company, .but told him
that hereatfer be was to. push the other
makes' of binders that were controlled by
the International Harvester company
with Ui osame spirit as he had uhown In
handling the McCprmlck mukc.
ROME, Dec. 2. Tho pope today offi
cially announced tho appointment of the
following American prelates:
PJght Rev. Dennis J. O'Connell, bishop
of Rlchmondr Ttlght "Rev. Patrick A. Mc
Govern, bishop of Cheyenne, Right Rev.
Austin Dowllng, bishop of Des Moines
and Rev. Kdward J. Hanna, auxiliary
bishop of San Francisco.
A consistory was held by the pope to
day, at which tho red hat was placed on
the heads of several prelates, who, with
Archbishop FUrley of New York and
Archbishop OConncll of Boston were on
November 27, WU, designated cardinals.
They are Francis X. Nagl, archbishop of
Vienna; QtUaeppe Maria Con y Macho,
archbishop of Valladolld; Aptonlo Vlco,
papal nuncio to Hpalh: Francis 6. Bailer,
archbishop of Olmuetz, and Enrique de
Almarez y Santos, archbishop of Seville.
Heveral hundred Americans wore pres
ent at today's ceremony. .The pope looked
very well and his voice was quite strong.
Contrary to custom the pope did not
deliver an allocution tod.ay. It is sug
gested in explanation that it was un
necessary, owing to the lack of any spe
cial religious questions.
Jannus at Memphis
On HisWay South
MKMPHIS, Tenn., Dec. i Tony Jan
nus, etx route from Omaha to New
Orleans in rt hydro-aeroplane, arrived
here today from Osceola, Ark. He hoped
to reach Helena, Ark., before, night full.
MRS. INLUW UHfHbtU Wl I H
MURDER OF CHAUFFEUR I
SALT LAKE, Utah. Dee. i-Mrs.
ninf.vlpvn inlow. who. with her husband.
. Tnlnu .,-1 . urKtJtMl rharr0il -4h
the murder ot Thoma K. White, a chauf-
feur. killed in his taxlcab on the night
of October A. whj hold to the district
court at the conclusion of her preliminary
hearing today'. Witness. identified her,
fas the jascnger who engaged White'
'machine a snort time rcror- tne ratal
shots weii. heani Irdow iimj was held
TWO GAVELS BROKEN
BY SPEAKER CLARK IN '
Houses of Congress in Opening i
Meeting Complete Preliminary
SENATE DEPRESSED BY .DEATHS ;
Sherman. Heyburn and Rayncr Are
Missing: Since Last Session.
!t,,. ni,,i, r-.t t. t.-j
L(nVel 9lMnber GfCCts Its I4"
with Loud Enthusiasm.
SENATE REPUBLICANS CONFER
Attempt , Will Ilr Made to 1,'nltc
.llrmhrM uf Party lo Allor?
Klectlon of ttalllnarer
WASHINGTON, Dec. S.-Vh senate
and housn settled down to work today
for tho hlsh pressure pension that Is to
end the'cKty-ixicond tonjrreaj. Speaker
Champ ('kirk, wleMltig his emblem of
order with ever increasing forco, suc
ceeded in breaking two valuable gavels
before ho had brought the enthusiastic
houe throuuh'iin liour and ten minutes
of business. Tho salons In both house
served to complete the preliminary work
ot oi'KunlKatton ana left congreea ready
for legislative buslnesH tomorrow.
Tho fenatft, 'doprewied by the recent
death of Vice President Sherman and
Senatois Heyburn nnd Rayncr, wus In
,scilon but' twenty-two minutes. Both
lrauue.4 adJounied-'AU soon as' the pre-llml-nat-les
of organisation were iconclttded ottt
of rmpect for officers .and members who
had died klnce the adjoutntnent In Alt
Jlcrl Knrlj- to llrar Jlrmaur,
Preildent Taft's message will come o
both houses tomorrow. The senate villi
.meet at. 11 o'tflock, an hour befor t!i i
! customary time, so that the messns-c mv ,
be tecelvert awl - read - before proceedltias
aro begun in the court of lmrNiCiment
which is to try Judge Robert WrArch
bold of tho commerce court. .
Boltterous enthusiasm grcsteft; file le
tum to thf houso of Speaker Glftrk, for
ner SpcolJer .Cannon and othetj'mcmbers
whose numqw have long beep Usoclite
vit;i the important affairs ojjthat Kody.
The' toll call In tho house wair by stated,
and as the roll prooeeded tile mcmbero
cljeered and applauded thrf names ot the
more prominent .members. ,
Former. Spaker Cannonjwas given a
rising gi-eetlitg whon' h& namo was
reached. Democrats, and ;repubJ lean -wiio
4ukd -Jolied -in trm-applause- for Spejiet'
CJark hen . he entered; the ehamBr at,
noon Jumped to thi'r. feet and Joined in
the choerlng. Four govemorB-elect, who
will go from the house of representatives
to their respective Htate capitals, also
were vigorously cheered as the roll call
proceeded. ' Tltoy were Repteseniatlve
.5tUer, New Tork; Cos, Ohio; Robinson,
Arkansas, and H6nna, North Dakota.
Bills Introilnct'd In HfMisr.
No business. was trahsacted by the sen
ate, but a number of bills and resolu
tions , were Introduced in the houue. A
Joint .committee 'was named by the two
houses to notify President Taft that con
gress wan teady to receive communica
tion. Senator Bacon, presiding officer
of the senate, appointed Senators Cul
lom and Martin and Speaker Clark
named Representatives Underwood of
Alabanui, Mann of Illinois and Johnson
Senate republicans lreld an Informal
conference during the day In an effort to
bolo the tangle which ha prevented
the selection ot a permanent presiding
officer of tho ccnate. It Is expected that
a republican caucus will bo held before
tho end of the week and that an effort
(Continued on Page Two.)
Seekers Storm City
Hall in Chicago
CHICAtiO, 111., Dec. i Democratic of
fice seekers crowded the, corridors of the
city hall and county building before day
light this morning as a preliminary to the
nowly elected officials a-itiumina their
At 4 o'clock In the morning tho throng
of Job hunters numbered neveral hundred
nnd an extra force ot bailiffs was nocvi
sary to maintain order.
For the flrat time, in weveral years the
democrats have control of practically all
the city and "county offices and tho rush
for tho places held, by republicans led
democratic party workers to appear at the
public buildings lopg before daylight
Law Declared Void
.WASHINGTON, Dec. 2.-The kcpt-eme
court today reaffirmed Its decision of the
Kaneas corporation law closing Kansas
'etate courts to foreign corporations with
out a certificate to do buslueas in the
btatn was unconstitutlocal. Two years
ago the Jaw was doc;lared unctinstitutlotial
as a bunien qn Interstate commerce.
The. point this year arose In the solt of
the Bucks Stove and Range company ami
other corporations to subject the ranch
of P. B, Mason of Saline county, Kan
bzh, to satisfy a Judgment aKUlnst C, C.
Vlckcrs of Teiaf.
To nr f n TVvif. W
UM,VV UUJJDFAl' T"UiDii
. is Again Upheld
.V.SHINUTON. Dec. 2.-The constltu-I
tlonallty of the section of the Immigration
act -of 1007 authorising the government to
depott women who become undesirable
Inhabitants within three years from the
time of their arrival In the United States
vos today again upheld by the supreme
rwirt n tije rune of l rvrulla .ul.onaltr.
(arrested In IJnat Pt. IxiuIh In and held
for deportation to l."s 'a
Fro.u night to hoft King KoruMniuiil of Httlgnrln, King Peter of Sfcrvln,
King George of Clr-eccc.
Drown for 'Tho Sphere" by C'lnratppier Chirk.
NEW JPEATUBES IN GONGRES
Short Session Pr6cedes Wansfer of
Potver to Deniocrats in Marcli
r.nTT,"F. HEAT, WftTnC T&EXTOOTEll
lAixiiK, u.tunu wuiiii. lO.i&XiiuxrU
' .' .
Snnolr llllU Will n Vxnml anil
lloutjnf . Matter AKe'iiile.l'To-- M
JHany Soleil'.MVn will' lio '
Iirnl oit Spxlon,
' ' '
VYASHIN.O.XQfL. Pfc, A'.-XJ) third SOS
son,.of the Slxty-Bocond congress begins
nt noon today under cireuniHinnces'or un
tisuaV lhtertt. 'It comes togullier'aftr
a political upheaval offal- muchlng ex
tent which .will BoWtranRfer .all the.cv
eoutlve branches of. th federal govern
ment to democratic 'control.
While .the present session' Is. merely the
expiring stage of a congrcnH soon to go
out of existence and tu lie superceded- in
political control rind policy alter March
4, yet" today's resslotl in thoTWiale and
house brings together (dr tho first tittle
since tho recent overturning those' leader
nnd elements of tho various partlen who
have been most prominent in publlo at-'
fairs. Tho old faces and ngu'rvs nro itgalu
In evidence today, although some of 'them,
like Ex-Spealtor Cannon, ' will eoon pwtt
off tho congressional stage, while others, i '
like Bpeaker Clark and Cnnlrmon Under-.,
wood have had their tenures renewod and.
As a whole, however, tile domlnent tioto
as tioth brunches of congress nASKiubln
Is that new condition?, ,new iiollolea and
new men have been unhtred In.na a re
sult Of tho recent election and Hint about
t;ie only . function of thQ.prrstyit short
cession, lasting until March 1, lu to puss
annual supply billy and wind up what re
mains of.tbo.old .regime.
In the senate, Vlco President Bhexman
has boen 'rtmoved by doath from the
presiding officer's choir, which will be
filled temporarily by Senators Baron, of
Georgia, and aalllneK, of New Hamp
rfiJre. alt'enmtlng, ThtiTopubllcan control
of tho uenate, with about fifty votis aa
against 'tho present democrdtlo' strength
of about forty-two. will continue until
March A, although this- control is condi
tioned largely by'lhe presence of two ele
ments, regular and ' iu-ogrcslve, In ' the
republican total of fifty. Senator Hay
burn, of Idaho and ItaynoT, 'of MaVyland,
have.Jdled Klncb the ; J:tst 9!ssIon closed,
but In other respect the personnel con
tinue unchanged until March 1.
.Votablr Men Wno llallrr.
In the house Speaker Clarice and .the.'
nrlous ohalrmeu ot the. two pro.odlmf
sessions, continue to dlrcv-t af falls, with
a total , democratic vote of ISO, giving a
democratic majority of about thirty-three.
The personal aspect" was veiy pro
nounced -us tho session began today, the
air of democratic victory j)rvnding the
capltol from end to end. Scores of men
whoe manes have been prominently Iden
tified with affairs of congrnts for many
years, and who have shaped politics and
legislation, faced tlwlr last three months
of service ai the session opened.
In. this notablo company wero the dean
of house and senate "Uncle Joe" Cannon,
former speaker, and center of many tur
bulent sessions of Hi houcu, and Senator
Shelby II. . Culfom, for thirty years a
"e".ttt0r ttom ,,U"oU' " , I1"" frlend !
anil contemporary of Lincoln, and who1
was elroled to his first term In the na-,
tional liuuso of repretentatlvce in 1W.
Both Cannon and Cullom cutne back for
tho winter's work tliu vlctlnis of politl-
-T ' , , " ''c
Texas, lone a democratic !ad. in d-
bate .am- villi the voluntary announce
.f.jptrii'Jeti on Page T
Monarohs of All They Survey
The National Capital
.U6iiUnj tieuPiiilirr U Itiltt.
. The Henntr. '
I Cotti enrd rft nootii S'enalor Ilucoii. tires- i
Ildent'nlo tempore, tiresldlna'.
ClmlrniHh CVPP of lntetoti commerce
jnoijihtito ..ami pu nefd'an etfort would bo'
jirtadr t,o rnarh an agreeipent on a report
.1 ieomnie1idlhir AtnendtncnlB to' the-nntl-
CaVipalgn. pondUureS , Investigating'!
committee; will, reiutpe hearings Dcccm-i,
Adjourned. at; 1?:JJ p.'ni.iunill 11 a.
Tuesday, out of respect for the memory!
! .4... - ' . k ' ' ' ' . .. . I
ofVic.PtTj!lileiit' Shermati and Senators'
HoyHlirnarid hay riff. .
convened "at" noon,' Speaker Clark pie-v
aiding.', '..... . - - ,
ISstltnate. for running govenimonf dur
ing fiscal, year Of. laii.sub'm.lited uythe
unorn(ary of the .treasury.. ThnvJ aggregate
I23.llWM. Hli IncreMSH of 2.37.:over
1313 .and Include to6,7C$,92 for liver and.
nnrnor . iniprovement.
First bill Introduced wus ono by Rep
reson(aUVe Doforcst of 'New York to
pension former presidents and widows of
Adjourned at l!10'p. m. until noon Tues
day. A. K, Smiley, Peaoe
of the' Indian, Dead
IUJPLuANDS, Cat.. Pec. Albert ,K.
Smll', pace advocate, .pntron of the
Ihdlaji and negrd, .and 'ioimder ot the
Lake Moh.onk ' mountain r retrtat where
tho annual peace conclaves are hold, died
early today at 'his home heje. He was 81
yearn bid. Ills aged wife is at tho point
nt death-and is 'hot lexpectod to sbrvivo';
more than a'fow'hours.--.
Mr. Smlloy came here! In -1SW. He wos
born In Vassalboro, Mo., and was . of a
Quaker- family. W years he taught In
Friends' 'colli-gen in Now Kngland. In
Ittxt 'he . purchased' Uake Mohohk, N. - Y
rtpd an area aroiipd -It ;and established
the mountain Ijouse w.hlci.-beoatnit famous
because It. took no gui;U on. qnday.. Mr,
Bm(ley,for twantyyejim,. wns, trustee of
Brown ttrjlvorsl(y. For a tluio he was
also . president jot, tbe,New .Turk State
Normal nchool at New Plata. N. V,
Blind Man Has
His Sight Restored
OKLAHOMA CITT,.'Okla., live. 2.-.Y
' bit of'-Wlifull 'flipped from a. rubber baud
by, a phlld Is declarwl rroponMblo for-the.
restoration -of the eyesight of Rev. O. 11.
Rilptrt, pator of a local ohnruh, who hud
bne bllrtil for twenty-eight years, , The
mlc-le, flrod at random by a grandcptM
of tle minister. . hit. him in one or t lie
eyin and' to alleviate- the palp. hot ,'C'loths
were applied. This occurftd serer.U duys
ago. and when t was . apparent tiiat bis
sight won being rcktored the afiplluatlcns.
ware continued. Practically , normal
vision returned todav. Mr, Rupert bo
cune, suddenly -blind v.-hlle conducting u
revival servlco In lUrmlimtou, O., tn U$I.
Steers Sell for $12; :
on Chicago Market
OHICAUO. Uv. a. -The hlghMit Price
over paid for-steers in -the oprn market
was rachoU. today when ton Angus yovr-
llnga wn Uugl.t In nt 12 i Vt poutiJs
. . '. .
lor ty.i e.nrlcrri trade
The hlglK't p'-evlou pi' - was SII.V .n
lilng Nicholas of Montenegro,
rDYOAMITb BiUS vQUASHED
' iJFour. Defendants -Discharged on Mo
tion "of the Government;
BnnernirPTnr- urcrc tto '. ziio-p .
illslrlcl ' Atiorili- Mlllor Say?nc-
Irnseil Slt-n liiil . TVot ., HoeA t'on
neuK'il vllli. AIoufil k IJon
plraey In ItrOenl Yrnrn, ,
' INDIA N.VPO US, 1 Iinl..,;Doc.'3.-Four'of
the f6rty-flvo . defeiidahtii In ' Hie "di'iik
mlto'consplrucy" 'trial M dlHoHar'gedfby
the'' government 4 today ; on tho Krnihds
that' Hie cfiarges" a'galnbt'' them 'had not
breiiMjusfitlried.' i .'..'
The' dlcmlWuU' of, the - caes," leaving
forty-one' labpr 'Uiiiori . of ffcialN still on
trial, came 'whnn' " CTIarles MVi 'Mllfur,
I'nlted States fdlslHfct attorney,' nnnoiihced
that thn gill'iirtiriient'if cvldenco was all
presenteu'arjd'thai tho government'-rested
ita cac. ' ' i . a
.Mr, Mlllet'theiiMUnved the dismissal, of
tlie-dofendai"ts' Hd follows: William,, iC.
Benson, fcast Gulloway,-- N, Y,,' former,
president of 'the Deteroit IVderatlon of"
JaJjor: Moultoiv n." bavin, Westchester,
Pa,,' former"-jnnmbi' 'of Hie executive
board 'of tho IrfteVriatlonal Assoolatlon of
Bridge and Srii6tural IronwTjrkcrs:' John
R. Cn'rrbH,' Sjmcuse, N.' Y., former offl-rial-
local irpnwoi-koiTi' unlor.;' ripurgeon
P. Meadows Ihdlan'apolls, Ind,, tmslnevs
egent Of the 'local council of the Interna
tional Brotherhood "of . Carpenters ''and
Jolncrn. ' '
Uhoi for, fllsrhiirgr.
Tim govrmmept'aatd lta release Of,tiei
drfeiiduritM did not affect the merits of
the remaining cases. , '
"Contrary to the' contemptible jiJJbllshod
statements uf, Olaf "A Tveltmof." said
District Attorney Mlljer, nddrefiltig tho
court, "the government )i 11.110 deolro to
p'tinish an intioRout defoadsfit- We have
ooncluded that wlillo Carroll) Benson and
Meadows' haye had KVlltV l;nl'ledp of a
consplj-ucy Illegally, to transport eirplpslves
the evidence Is. not conclusive., rjfnson
since' hi leadership 'on 'a union official' at
Dotrolt has retired tu a-farm and U no
longer connected wllh'a-union.
3 "Iti tlin cae' of 'Pa vis -the evidence Is
ccSiolujIve ' that he H guilty m a 'con
pirator. His letters "as an' fve,cutlvft board
member of Hie Irpnworkers' union show
he knew of tho 'dynamite pfptm. The'ro Is
(Inly one -reaVn. w imk lils dlfoharge.
"t'.ls .tlut he retltvd from'' the tihlou In
t)7 and Jiiita'ko!i"n.o P.trt In It slucii."
Davla fo'nntrly was of, Ptiiradelphla.
Benson blde!!belr.g lie'ad" of'tb.-,Poti-6lt
'I'ederatlon ' alfo wua coijiincttd with tho
stcamflltors" union. ' '
M'otlou by tjie defense fpr the dtsmMsal
of jMlrhael J.' Ciiymui" of PhlUdelphla;
Clareiu.e (i Powd of Ilivchf slur, "N. V
fortnurly of'petrolt; John H. Hari-' of
St. UiuIk. Janjox. 13. Ray. of I'oorla, Mpr
ray L. Piiinll pf Hpflnsfleld, III.; Fred
Mopiy of 'Puluth and other dofenduntH
was Overruled.. , ....
"I will pay, at the end nf thr trial, t will
listen" ti motion ,es to, 11 'fqw. tnore de
fendants, liuf tlirwo. motions will not be
entertained now," said 'Judge A. 11, An
lln.u First. WHiieM.
Franlc M. Ryan, proldgnt-otthe Iniii-
workers' union, was then txilled aa-tho
first Mltneit for' the defence.
Ryan Is charged with, promoting a dyna
mite, conspiracy , hy ,wrt(iui letters .as
prefldent of the nHiworkers union and
by appropriating ' an rjecutlvu boanl
ini'iiiber moijey with which John J. Mo
Nwiuhiu bought rxpUlvs.
Ryan testified ho beojme prrsldetit of!
I IConttnUod oil lugi Two 1 J
SERVES NOTICE OPON
RUSSIA AND SERVIA'
Kaiser Will Support Austria-Hun
rrary and Italy with Force of
Arms if Necessary,
SPEECH CAUSES A SENSATION
Addregs in Reiolutag is Repetition
One Hade in lu.
SITUATION IS BECOMING MLXEI
Allies Expect to Sign Treaty of Arm
GREECE MAY. REJECT THE TERMS
Urrek Milliliter at Paris a;ra UI
liorrrnmenr "Will Mo Asti-ee
lleprnvtulniiliiK of druv-
nople and 01hr Cities.
BHULtN. Dee. S.-1mpriat ChaneelloS
BethniHtin-Hollweg todaj utternd a plain
warning to UuskU that lit case hostllltiro
should nrlso out of tho AustroServlni
difficulties Germany would draw her
tn'onl to nntlot her allloA.
The Imperial chnnretlor made thlfl
declaration In the courwt of a spe'cn In
Hie Relchntng dismissing -the Balkan sit
uation. It was a repetition ot the .state
menl mado nt tho. time .of the control
versy mw the attention of Boenla uml
Heriegolna, In 1W8, whloh. then oattsod
an immense RenvHtHm In F.uropeun
tapltalR. Altiiough at that period Jt flint,
throatencfl to Kwecp Away the pact fir
Russlali cabinet, the current of feeling
aroused among tho Slavs ultlmatelr
brought penes, '
Atlvmpt Inr T,mallsr t.'n tall t leu,
Dr Von Betlieman,n-Ifoliwejr. afteo
Kumnurlslng tha outhreak In the Bnlkansi
and later on. when war was found to l
Inevitable, to localise lioatlllUeH, passrd
on lo the question ot Die Interests of
the great powers directly affected by
the final settlement. lie Bald:
"When bur nllle, Austria-Hungary nml
UhIj, in maintaining their Interests, are
attacked although thin Is not tho present
ptospcet by a third party, and thereby
threatened In thrlr existence, then we.
faithful to our compacts, will take their
part firmly ami decisively.
"Then we shall fight side by side with
our allien for the maintenance of out"
own position In Rurope and In defense of
tho Hecurlty and future or odr own fath
"I am convinced, that-wo ha,ve tha wholrt.
nation he.hind'ws In audi a poHcyH
The imperial, chanceldf was at thl
point ot hla tipeech heaxtllj" applauded
by inahy of the members prsnt.
Cohtlniilng- Von nethmann-I61lwek ds
nlared tho belligerents In the present war-
0,(1 ,l0t dispute
did hot dispute th right of the great
pov6tH t0 ,,ttVe a W0xl ,n tUe ttntd BeU
Oemetit.of the Balkan dtiestloii in whlcl
their Intercut were nil Involved. The
wishes of the powers, he said, would carrv
greater weight if they were presented
oojlectlyeiy. Negotiations with that end
In view were now proeeodlnr and ho
hoped ithey would result successfully,
Clcrmany, ho said, like aoveral of Uu
other great powers, was Interested lh Jire
servltig Turkey as a powerful economic
and political factor. He was able, he
said,, to deny reports that the great Pow
ers, or leve.ral of them wero planning
acquisition of Turkish territory..- It whs
BHsumed thn Imperial chancellor was re
ferring to the report that Kngland was
about to proclaim a formal protoolora(e
Tho YlKorous tone adopted by the !m
perlal chancellor surprised the house,
which was expecting the usual diplomatic
assurances that everything wus golntf
fjreek Objfnt io Armlsllur.
PARIS, Dee. 2. Gico will -not accept
the tarnis of tho armlstlcu proposed by
Turkey, according to Athos Romano, the
Greek minister to France. In an Inter
view appearing In- tho Temps.
The Oreok minister says lie told Pre
mler Polncalre this morning thnt Greec
would repulse any idea ot permitting thn
provisioning of places UHe Adrianoplc.
Janlna and ficutarl Inslrad of the sur
render ot tbofr. fortresses, as asksd bM
Should this be granted, he wiys, 10
would permit Turkey to push on tn
war vlgoronsly In case tho armistice
. should not be followed by real peace.
The Qrevk nation deires that Oreelc
transports should land troops In AwlatU'
Turkey In ordor to attaok Constantinople
from that sldo, according to a dispatch
to the. Temps from Athens. It adds that
the Greeks are opposed to an armistice.
Sign Agreement 'Faraday.
LONDON, Dec. ?. T?ie work of chartiai!
a new map of what hitherto has been
Kuropean Turkey will begin Immediately
after th signature of the armistice by
tho plenipotentiaries of Turkey and the
Balkan allies at tho vllUge ot Baghtche
tomorrow. If the allies are able to agro
among themnrlves us to the portions nf
the apolls they 'are to ircelve there reepi
no probability of a resumption ut hos
tilities. The comparatively favorable terias
whloh from all accounts havn been of
fered by the allies to Turkey sirv so dif
ferent from the original propoJals that
they em to tuggest the idea that the
governments ot the Balkan league realize
that with winter gripping the countr,
Turkey liaa gained, an ally which will
prove more fatal to the armies fronting
Adrlanople. Scutari and TchataIJa than
have been the Ottoman cannon.
No adjustment of the Austro-gervlan
dispute is yet visible, Vienna continues
to show pessimism and the newspapern
there maintain tholr threatening attitude.
but In spite ot this, official relations be
tween St. Petersburg and Vienna seem t
have become somewhat more cordial, and
it I thought In diplomatic quarters that
eventually Hereia will obtain a small mer
cantile port 011 the Adriatic sea con
nected with Scrvla by railroad.
In the meantime, however. Servia lis
trodden on the toes of I)aly by quartering
a regiment of troops who recently vx -cupled
the port of Duraxzo in the Halt in
school buildings them. An energetic re-
(Continued 011 Page Two. 1
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