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The Omaha Daily Bee
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VOL. XLII-NO. 180.
OaiAllA, TUESDAY MORNING, JANUARY 14, 1M3-TWKLVK PAGES.
SINGLE COPY TWO CENTS.
UPON FIVE COUNTS.
judge "Barred from Public Office
After TwentNine Years
FIRST VOTE SIXTY-EIGHT TO FIVE
Jurist Insists that no Wrong Has
Been Done by Him.
SENTENCE IMPOSED BY BACON
Receives ' the Full Penalty Allowed
ANSWERS GIVEN IN LOW TONE
.Ttiilicc Ai'lilmlil mill Ills Family
!tt Thrutivhont Afternoon In
Little- Committee Room Ile
lit nil Guarded lloor.
WASHINGTON. Ian. IX-Robert W.
Archbald. of Ecrantbn, Pa., for twenty
nine years an occupant of judicial posi
tions, 'upon the Pennsylvania state' bunch,
the. 'femoral district bench ahd the United
rttntcs commerce court, today was ad
judged guilty by the United States sen
ate of "high crimes and misdemeanors,"
was stripped of his office and forever
rtlsqualted from boMlng positions of
public honor or public trust. '
The conviction and Judgment oame as
tho conclusion of the Impeachment trial
that has been pending In the senate since
last summer on charges that Judge Aroh
hald had been guilty of misconduct and
misbehavior as a judge, and that he had
cortuptly used his Judicial power to fur
ther tho private Interests of himself and
his friends In tho acquisition of coal land
properties In Pennsylvania.
Upon ' flYo of the thirteen charge
brought against him by the house of
representatives,- Judge Archbald was
found Bhllty. Tpon the other elclit the
senate voted him not guilty, the majority
In some cases being against him, but fall
ing of the two-thirds majority necessary
for conviction. Any one of the five ver-
Olcts of guilty was enough to bring
about the- punishment Imposed upon him.
Th eend of the Ions fought struggle in
Ojn senate came erly in the afternoon
wlien the vote was taken on tho first
article of Impeachment. With gallery
doors locked to prevent the movement of
spectators, an unaccustomed hush pre
vailed 'throughout the chamber, senators
rose In their places ,a their names were
called and pronounced the word "guilty"
In almost Inaudible tones. The vot on
the flrfcharo tbtt JUdgs Archbald had
corWtly'lrtrioflnceci qtfjcjaltf'ptiia Krl
-..i....: a-,.. ..ll dim. hn. a.tvdid culm
dump at Scranton, resulted la M convic
tion, by a vote of 64 to 5,
JUIll llenle WroiiKdolu;.
ljt a" little committee room oft the gal-.
Icry floor, behind a. guarded, door. Judge
Archbald, his wife and his son Hugh,
rat throughout the afternoon as the scn
Hte voted upon tli charges against him.
The first voto of conviction was carried
to him by his son , from the gallery,
ttfter sentence had been Imposed upon;
him, Judge Archbald and his family left
tho capltol, to go at once to the family
home ut Scranton.
"I havo always known that I have- dona
no wrong, and the vote of no one makes
It otherwise,' was his only comment upon
the senate's action.
Sentence was Imposed by Senator Bacon
if Georgia, the presiding officer, after
the senate had by a voto of thirty-nine
in thlrtv-flve upheld a resolution offered
by Senator O'Gorman of New Tork au- 1 320 for Its property, according to a de
thorlz'ng the full penalty provided by the ' clion reached by the railway and canal
constitution, 'commission, sitting as a court of arbltra-
"The senate ' therefore does order and Ton.
ilPrrcc." said 8emU6r Bacon, "and it Is i The whole of the telephone system In
hereby adjudged that the respondent, (he British Isles have paeeed Into the
Ko!ier,t W. Archbald, circuit judge for the
United States for the Third judicial cir
cuit, and designated to serve in the coin-
inerco court, be and he is hereby removed
from offjee, and thathe'be and Is hereby
forever disqualified to hold and enjoy
any office of honor, trust or profit under
the United States." .
The sentence of the senate became oper
ntive at once, and directions were given
that the president and the house of rep-
(Continued on Pago Two.)
l'Olt NBHrtXSKA-j-Falr; rising temper- -
ruu iu(-ra.r, wiunier in cv V"-;
at Oiuntiu Vesterdnr (
5 a. m
li: i::::::;::::::: S
13 ni......'. s(
Couil'KKtlrc I.ocflt necorU.
1S12. 1912. 1911. 1910.
Highest yesterday ji) S3 S 1
Iowqst yesterday 4 S 3 ID
Mean temperature 7 3 53
Precipitation T T .00 .01
Temperature and precipitation depar
tures from the normal:
Normal .temperature 20
Deficiency for the day lg
Total excess tilnce 'March 1
Deflclenoy for the day 03 Inch
Total rainfall since March J.... a. 67 Inches I
uenciency since uarcn 1. i.ct incnes ,
Deficiency for cor. period. ltU.M.tl incl)e
ueiicieuvy i-r-w j?rrou, .9jv.1t. ouincaes j
Station and ptate Temp. High- Ham-
of Veather. 7 p.m. est. ia.
Cheyenne,-partly cloudy... JS a to
Davenport, partly cloudy.. is 51 .no
JJenver, partly cloudy .21 in to
Des Uolties. clear x u .vo
Lander, partly cloudy 3S 2 ' .
Omaha, clear , 10 T
Pueblo, clear 2R 31 .'w
Kapld City, cloudy a 32 .i
Salt I-ake Citiv cloudy 40 4u .j
Santa Fe, partly cloudy.. ,W. . . ,to
Hherldan. cloudy 14 K
Sioux City, clear 8 T
Valentine, partly cloudy. .1$ $ .00
T indicates trace of precipitation.
indicates below xero.
L. A. WELSH, Local Forecaster.
PIONEER NORFOLK EDITOR WHO
Aft'lsUL 1 t
W. N. HUBB.
Title to Half Billion
Dollars WortLof Oil
Land is Before Court
WASHINGTON. Jan. J3.-An empire of
oil lands worth probably morn than half
a billion dollars was tho prlie which
brought groups of opposing lawyers today
before tho supremo court.
The pccas.on was the argument of what
reply the court should make to a request
for Instruction from the United StateB
cirout . court of . appeals for the ninth
olrcult which wan unable to decide
whether the Southern P&einc railroad
company or Edmund Durke and other
separate entrymwi wcro entitled o val
uable tracts' of land, now said to be
gushing forth oil in California.
The railroad company has received
patents to the land. The government re
cently .brought proceedings to have the
patents cancelled, but that question IS
not before the court. The patents con
tained a provision excepting all mineral
lands from the grant. It Is this provi
sion which now furnishes the principal
Burko and those In a similar position
claim thai the exception prevented the
JandV passing' to. the railroad and. that
they are entitled to .the laid under proper
entry.'tfrji rallrpndj contends that . tho ,
Cepttonja jyjd' yi0.njrwaxMSL5 vldenc 9
cannot bo produced to show the lands
! are "mineral'' or oil lands; thi, govern
ment naving issued a , patent lor tnem
and no friUd having, binn practiced upon
-Primarily, the Southern Pacific railroad,
alone Is concerned In the controversy," but
the same exceptions are contained in
patents 'to practically every land grant
railroad traversing tho -west-and so all
will be affected by the decision.
Price of British
. Telephone System is
Sixty-Two Ml ion
LONDON, Jan, U.-The British govern
ment is" to pay to the National Telephone
(company of the United Kingdom J6J.67C,-
hands of the state on January 1, 1812. The
National TelepHone 'company origirially
asked 1105,000.00 for. its Interest;, but.dur-
j in(f the seventy-thrce-day trial Just ended
(hj, cialm was reduced by many millions,
, it, j,ai been expected by stock exchange
j exports, however, that tho corripany
'would receive from '150,000,000 to 90,000,n00.
The stock of the 'company immedjately
upon announcement of tne award fell
from HI to 109.
The arbitration has been one of the
Imost Important In the history of tho coun--'try,
1 Dilrlng the trial tile parties came to an
1 agreement as to the 'cost of the plant,
the sum being ?ol,W?,835.; The court then
had to decide the percentages which
should properly be. added to. this, sum
an(1 nt0 lna depreciation.
NEW YOHK. Jan. 15,-Oounsel for
Charles' S. Mellen,' president of the. New"
i P- m IM Haven inllroad. nlirl a poa of abatement
Z p. m"".!";i";!;ilO J ,n tne UnHwl'SWtcs'aiatrlct court'today,
4-p,''m'i.!...!.!.'.!.!:o!assertIiur that tho Indictment charging a
J J J ironopoly agreement .against "Tilellen,
; p. m'..'.'.'.......-.- President E.' J.' Chamberjain pf the brand
7 p. m. T Trunk railway and Alfred Smlthers,
chairman of'tlie Grand Trunk, were void,
pecauie one of the grand jurors was a
reslde'nt' of New Jersey.
The-Indictments -were returned by the
grand Jury fpr tho southern district of
New York and under the law all the'
jurors must be -residents of this state.
The plea of, abatement halts all pro
,ceedings until the validity of the Indict
ment Is established, which will take weeks
and perhaps months, as Mellen's attor-
n.v. fipolni'n thev would rarrv th flirhf
n?y" ,? ,ne ell
-" . ..vm.v v
necessary. Mellen and Chamberlald had
entered pleas of not gullty'and had until
loaay 10 cnu-isp itieee urus,
UTAH ELECTORS VOTE FOR
NICHOLAS MURRAY BUTLER
SALT LAKH CITY. Utah. Jan- 13.
Utah's -four republican" "presidential elec
tors met today and cast their votes for
President Taft for president and Nicholas
Murray MJutler of New York for 4lce
NEW DIRECTORS FOR
in Dissolution of Railroad
iOVSerger Follows Conference at
KRUTTSCHNITT LEAVES THE U. P.
Elected Chairman of Board of South
ern Pacific Directors.
MAY BE FIGHT FOR THIRD ROAD
Possession of Central Pacific Great
Point to Be Decided.
RESULT WILL HINGE ON PRICE
Government Will Allow Union Pa
cific to Acquire Central Pacific
Only Without Aid or South
ern Pacific Stock.
NEW YORK, Un. 13-Changes an
nounced today In the directorate of, the
Southern Pacific company are believed
tu be tho direct outcome of last week'a
conferences at Washington between At
torney General Wlckersham and repre
sentatives of the Harrlman Interests and
of th6 Soutlusrn Pacific protective com
mittee. It Is understood the attorney general
then Informed; R. S. Lovrtt, chairman of
the board of directors of the Southern
Pacific and JSVank A. Vandertlp and M.
I Schlff, member of tho board, thnt he
would consent to no dissolution plan until
the Southern Pacific board was relieved
o fmen who held similar positions In
Union Pacific In point of fact, some
of the new Southern Pacific directors
long have held Intimate relations with
the Harrlman or affiliated Intoiests, but
it Is assumed that the changes In the
Southern Pacific board will he satisfac
tory to the department of justice.
It is frankly acknowledged that the
plan to sepaarte t'nlon Pacific and South
ern rnclflc now centers altogether all
aroUnd the ownership of Central Pacific.
It Is Intimated In authoritative quarte.-s
that Sir. Wlckersham will offer no ob
jection to tho Union Pacific's ocgulaUlon
of Central Pacific If It can betPJlroct
without the aid of the Southern' Pacific
stock now owned by. the Union Pacific
Har Reopen Litigation. "
.On the other hand, "Wall street be1lva
a very considerable part or faction of
the (Southern Pacific majority will refuse
to relinquish control of Central Pttctflc
exedpt by legal deoree. Tills might in
volve a reopening of the Union Pocifc
Bouthern Pacifio litigation and undaunt
edly delay by many months the consum
mation of the supreme court's merger
Union Paplfla offlolals make,. no useri.
rot the fact that every step now has fur
Kb object the poeeEsiontiot.Contral Pa
cific. They exprels iheropinion that tho
result Tilnges largely on the price to ,bj
paid for that property. Central Pacific's
value' Is easily ascertainable, as Its earn
ings and. finances always have been a
matter Of ueparte bookkeeping.
Julius Kruttsehnltt resigned as director
of maintenance and operation of ton
Union Pacific and wan elected chairman"
of the board of the Southern Pacific, suc
ceeding It. 8. Lovett, resigned. Judge
I.ovett, Mortimer U Schlff and Frank A.
Vanderbllt also resigned from the South
ern Pacific executive committee and wev
succeeded by Kobert Ooclet, James N.
Wallace and E, II. Swenson.
From the Southern Pacific board of di
rectors In addition to Judge Lovett, the
Otto II. Kahn, Charles A. Peabody, M.
L. Schlff, Frank A. Vanderllp, It. W.
Goelet, 1. J. Spence (vice president) and
Marvin Hughett In their stead the fol
lowing were chosen: James N. "Wallace,
Horace narding, W. P. Bliss, C. N. Bliss.
O. H. Lelghton, J. N. Jarvis, C. If. Kel
sey and E. P. Swenson.
Goveronr Stays Mum
(From af Staff Correspondent.)
LINCOLN, Neb,. Jan. IS. (Special.)
Democrats who have longed, for the pie
counter so long are getting green with
envy at the republicans who aro still Jn
touch with the state meal ticket as hold
over appointees of Governor Aldrlch.
Some of these havo been told by Gov
ernor MocTehead to hang on until he
decides on their successors, and others
are holding on w)th no word from the
An6thor ' day closed wHh no plums
handed out by thegovernor. and another
disappointed bunch of. hungry boys
-chased tueinsejves o iicn .. r.
Jtouses all put out.
Addison Sheldon of the legislative ref
erence bureau spent the da yworklng on
bills to be dropped Into the' hopper by
the statesmen tomorrow afternoon. Late
this afternoon the rush in his office was
bo great he was J-jntlng for more stenog
raphers, W. N. HUSENORFOLK
NEWSPAPER MAN, DEAD
.NOnFOLK, Neb.. Jan. 18. (Special
Telegram.)-W. N. Huse. publisher of
the Norfolk Rally News, died here this
afternoon, 'after several, weeks Illness.
Slf. Huse was one the old time news
papennen of Nebraska, establishing the
News to the latter nineties, and maklns
It 'one of the live newspapers of tho
state. Mr. Hute took, a prominent Part
In the affairs of the Nebraska Presa
o.wiatlnn and wa always reaoy u
into and help iaek any proposl-
(ion for the upbuilding of the state. His
son, N. A. Huse. wboUas been actively
connected with Ihe News, will carry on
the work his father has established.
Ilnr. tliorne THnl I'ontponed.
NEW YORK. Jan. U. The (rial uf
Julian Hawthorne find oth?r chaignd
with uring the malls to defraud in pro
moting mining stockn, waa postponed to
day until January !. n ni'-count of con
tinued Illness of Federal Jildgo Hough.
The judge was itrlck6ii In hU chambers
an Friday last.
From the Indianapolis News
OHIO IS ABOYBDANGBR LINE
Three Thousand Persons Driven
from Homes at Cincinnati.
GREAT AREAS UNDER WATER
Water U from Tlirc to Trrenly
Feet Deep and I'ropertr Io
Will linn Un to 11111
CINCINNATI, O., Jan. 12,-lt was esti
mated today that 3,000 persons had been
driven by the Ohio river flood from their
homes l,n,.,Cnc.tnnaU-ttn4". tltalUes of.
Covtn'gton'.'.N&Whort and &avt6n;"'RctoH
the rlJ$r ln "KntuckT - lnr' factories
nave been tlbo&iA and hundreds of per
sons thrown out of work.
The. river continued to rise steadily, but
more slowly today, the stage at 9 o'clock
being 61.2 feet. The government fore
caster predicted that the rise would con
tinue toitay and tomorrow and probably
a maximum stone of 3 feet would be
This prediction was made on the as
sumption that there would be no more
rain In the next two days.
The authorities In tho four cities are
doing nil in their power for the flood
kufferers. Ih Cincinnati'.' t)rv- Otto r.
ueyer of the department ot'charltles and
corrections, opened soup liouscs and In
augurated oilier means of succor. Mayor
Hunt has issued a proclamation asking
for fluids to aid sufferers and will ask the
council to approve a $20,000 special bond
Issue, to be added to the fund.
In Kentucky cities, churches, school
houses and police stations are sltelterlng
Tboiiaantl HomelesM ut Louisville.
LOUISVILLE, Ky Jan. 13.-Pollce and
fire department employes working to
move families from districts menaced by
the Ohio vlver flood wore cheered today
by news that tho. rise was less rapid
than registered last night. While nearly
1.000 persons had ben 'driven from their
homes and the outlook was that this
number would be doubled. It was believed
(Continued on Page Two.)
Makes Trip to
JSIOI'X FALIS,-H. f)., Jan. U-(Spc-clau
Presenting himself at the Sioux
Falls penitentiary without belr.r accom
panied by an officer, but Instead provided
with a letter of Introduction written hyt
the Judge wtio sentenced him and ad-'
diessed to th warden of the Institution.
F; G. Kurtz of Spencer, but for about
four years engaged in the banking busi-'
ness at Wltten has commenced to servej
a term of one year and one day for ir
regularities In connection with nls inar
bgement of the Wltten hank.
The leniency shown him wan due to
the fact that the depositors of the bank
which failed wero paid In full and the
Irregularities charged to him In connec
tion with the bank records were- reirordixi
as Indicating that he was not guilty of
any Intentional wrongdoing.
MAN SUPPOSED TO BE
ALEXANDRIA, La., Jap. II. After "be
ing mourntd as dead for more than
three months and believed to be the rlo
ttm of assassins bent upon robbery. Nel
son McManus, a prominent lumberman
of Jena, La., has returned to the home of
his mother lu this city.
Lelarid Walker of Pollock, La., after
a third degree grilling, shortly after the
disappearance of McManus, roifcuied
that he and Robert Harp had murdored
the lumberman ami thrgwn his body Into
a creek near Jena. Harp wuh acquitted
of the murder and the La Salle parish
grand jury was scheduled -to consider the
case ngalnaf Walker next week.
McManus stated yesterday that he was
temporarily deranged when ho left his
home arid had drifted almlestly about tho
The Favored Class.
The National Capital
Monilny, .Innnur)- ill, 1IH.1.
Mit at noon.
Passed bill to require all anti-trust niilti
to he heard In public.
Campaign fundn Investigating commit
tee heard testimony of Gilchrist 8towart
on tho Archbold letters.
Court uf Impeachment voted on articles
of Impeachment against Judge Itohert 'W.
Senator O'Gorman introduced a bill to
grant medals to all survivors of the
battle, of Gettysburg.
Appropriations committee agreed to
recommend provision for commerce court
until the close of fiscal yeitr.
Lcgtsiatlce, cxeoltllvo and Judicial np
tirnnriaiion' 1)111. inrrvlnc. S25.3<1 ....was
, 'I'll' Jlanse. ' - .,'..
Met" at 11 fl m.
Resumed debate mi poitofflee ap
propriation .bllL .
Ways And ineuns committee continued
its hearings on tariff r6vlslon, taking up
the lumber and silk schedules,
Gloucester fishing imprests were heard
by merchant marine committee on bill
for hospital ship for fishing fleet.
Democrats Will Put
Lumber and Meats
WIABHINQTON, .Jan. IS, "Free lum
ber as part of tho democratic tariff pro
gram of the coming extra session of con
gress seemed assured today at the hear
ing before, the houso committer on ways
and means despite .statement by wlt
neses representing Virginia and Caro
lina lumbermen. Tho lumber schedule,
was closed so far as the hearings
were concerned after colloquies between
the democratic members of thn committee;
and the witnesses had Indicated the In-"
tentlon of the majority of putting! on the
free list rough. and dressed lumber, .hewn
and squared timber, shingles, laths and'
fenceposts, Representative Kltclion of
North Carolina, denf)orat, referred inci
dentally to"" meats, and Representative
Longworth of Ohio, republican,' asked:
t "Do you democrats Intend to put meat
on Jhe free list?"
"Yes," replied Mr. Kitchen. "I'm gdllitf
to vote for It,"
Representative James of Kentucky,
demoorat, In tho cross-examination . re
ferred to the "greater necessity for. con
serving the Interests of the poor people
than of conserving lumber."
Poison Pound in
Medicine Given to
CHICAGO. Jan. 13-Coroner Hoffman
Is Investigating the death of Aim. Leah
Hewitt, f) years old, who died ct a
north side hospital December 21, leaving
an estate valued at $2W,000. A daughter
of tho woman exprejaedthe opinion her
mother was the victim 'of poison,' and
enough poison, was found In the medicine
pi escribed for her to kill a score of per
sons. Coroner Hoffman has questioned
the husband of the victim and sowral
other members of the family.
In hor bill for separate maintenance
filed shortly before her death Mrs.
Hewitt charged Tier husband with at
tfirjitlng tu poison her by putting .strych
nine In the medicine and that on a pre
vious occasion her husband tried to toko
the llveH of her daughter and herself by
.turning on tho gas.
MATHEW HUGHES DIES
AFTER A SHORT ILLNESS
j Matiheu- (incite,, fpr uer twenty-six
, years tu the city engineering ilvpariinoiit,
Idled Sunday nltiht at hl home, TB odt(i
1 Tlilrly-clsht turret, following a brief III
ikks. it was ("i, vrars of hk tid l
survived by h's wlSow'unil Tour gruwn
Thji funorAl will be htld VeUni-tlay
mpnilpv at ft. .Cecelia' church and In
terment will be made In the Holy So
MANY IN FAVOR OF REMOVAL
Omaha Cornhuskcrs Get Hundreds of
Letters Backing Up Move.
UNIVERSITY IS TOO N CROWDED
Lot-ill Association (o llecome Active
lu Hncklnir L' the Kenort uf
' Ihe llea-ent sof the Htnte
Omaha alumni of th eUulverslty of Ne
braska are recnlvlng-from all parts of tho
stato cithers approving1 their plans fo;
helping secure .the removal of the unl
vorsljy camjnjs, ironr its present site to
t ho" state farm. Am no Thohac, atcretary
of tho local Nebraska assoolatlon.'iiaa re
ceived 11 v S;u- fifty lettcrn during tho
last two days ttm towtui as far west as
Bldnnj'. iln eacli ccmmunlcoilOn was hit
unmistakable tono ohddrslttg tho plan
to change the campus nd asking that
the writer be relied uppn to give his sup
port to any movement the Olnsha Cbrn
ht,skcrs should back.
Htnoo last week the Ornalm nliimm )iae
beconio determined ' In a. clean-cut, out-and-out
policy to be -rid; of the present
"tenemont university." According to
thoir views the big state school Is being
stunted ln Its growth,, belng'ressetl down
Into on nbncrmal shape,' and. all because
It is congested congested, like 'a. big tene
ment houso ln one of the cost nldo dis
tricts of Now York or any other large
In Cramped Qnartcrs.
It Is lu too cramped a position for
natural growth, and it Is certain to lose
the value of "many of the functions of Ita
blod if It remains much longer where it
now Is located. The University of Ne
braska, llko a child, must havo amnle
room In which tu grow. The child of the. -
tenement Is stunted In growth; tho foul,
stifling, unnatural air of the tenemont
dlstriot , docs not permit of a healthy
growth. And the Omaha alumni of No
braska'ask how their alma mater can
progress, either toieritntly or physloally,
If it Is kept jammed 'down In a quarter
where It is Impossible for It to expand
(Continued onf,Page Two.)
'Ready ta Report
WA8HINBTON. Jun. 13.-I)r. C. W.
Richardson, who examined William
Rockefeller, the oil magnate, nt Malml.
for the houso money trust lnvestlgalng
committee to determine If the-'millionaire
were physically "able, 'to give testimony,
has, made his report.' Chlrmau, Pujo .will
not make It public until after it has been
praueuted to' the' full 'membership df the
house bauklng and currency committee.
It Is understood that . Dr. Rlrhardson
found Mr. .Rockefeller suffering fjrom the
ullmenta described In the -affidavits filed
with the committee by his physicians as
"gouty tnfla,mmullon of'.iho larynx,"
which had necessitated ' tlx operations.
Dr. Richardson" will testify regarding his
examination .' before the committee
Wednesday, so tlo ' session which has
bcon set for tomorrow, was advanced one
GOVERNOR OF KANSAS
TOPBKA. Kau.. Jan. U-Gtorge 11.
Hodges of Olfttlie was Innugurat'-'d today
ns.thn nineteenth governor of Kansas;
being- the first -democratic executive
tn take th" oath sine the Inauguration
of Governor George W. Gllck. thirty
years ago. The administration of the
oath to Governon Hodges was thc.eliinnT
to tho inauguration of the entire list
of state officials, most of the uthcrH beUvs
Governor Hodges lu his luuugurul ail-'
ureBB miiii-11 umi it wui 1119 nioFiHl liopv
to faster the t'evojprmvnt tu ilie stale
uf better roj!, wiontlllu usvtoulture,
utriot enforcements of the prohibition law
and 'the settlement of new urld lanJs j
Ho pralsol the railroad and' utilities leg-1
(blHtiou of at u-Jntlni'tratlon. '
FEDERAL ATTACK ON
JIow Suit Attacking Minor Combina
tions of Railroads and Mines
GOVERNMENT COUNSEL REPORTS
Entrusted with Immediate Prepara
tion and Filing of Bill.
STUDIES MOVE SEVERAL WEEKS
Question Left Open in Recent De
cision of Supreme Court.
CIVIL PROCEEDINGS PLANNED
Ilffort to I'lenr 1'p Whole Cnnt
SHnntlnn of Much Interest to
(invr-rnntrnt oil Account of
(WASHINGTON, Jan. 15. -Attorney Gen
cral Wlckcrshnm, It Is understood tonight.
has decided further to attack the t-o-
called hard coal trust In civil proceedings
under the Sherman nntl-trust law.
Tills was the result of a conference, here;
today between the attorney general and
James C. Mclteynolds of Now York, who
was the government's counsel In the an
thracite trust 'suit, decided by the su
prome court a few weeks ao. The now
suit, It Is said, will be directed ngainst
the so-called minor combnatons of coal
carryng railroads and coal companies id
tho Pennsylvania fields, charges against
which were dismissed by the suprcma
court without prejudice, In Its recent de
cision, because they vrcro held to havo
been Improperly Incorporated In tho gov
ernment's original general bill against thn
It was learned on reliable authority that
tho attorney general lind entrusted a Cur
ther move to clear up the whole coal s t
nation to Mr. MoRcynoUls, who will ho
charged with the preparation of tho bit'
mid the conduct of tho suit to bo filed at
an early date.
Consumers' Complaint Heeded.
Dy direction of the attorney genemL
Mr. McRcynolds lias been studying for
several weeks the effect of tho supremo
courfn decision upon conditions in tho
hard coul fields. He mndo hts report
today and Is wild to havo recommended
pursuing tho question, which hun been
at absorbing Interest to the Depart
ment of Justice, because of numerous
complaints against the high prices of
The minor combinations not passed on
by tho supreme court .ftpd left for fu
ture consideration, and possible action
were those alleged to have boon created
In 1S08 by. tho Absorption of the New
York, Susquehnitna, and Western by the
Erie; In J&01 by the ncnU!ttlon by the
ucftJimg company, wmcn owncu inn
Philadelphia St Reading railway and a
coal compn.ni by a simitar name, of
the Central of New Jersey with Its coal
company; In 1899. by the acquisition by
the Brie of tho Pennsylvania Coal com-'
pany, which is said to have been pro
jecting a new railroad, the Delaware Val
ley Hz Kingston.-
House Democrats Try
to Annul Recent
Civil Service Order
WASHINGTON, Jan. U.-An amend
ment to th,e postofflco appropriation bUI
to annual the cxecutlvo orders which
placed fourth-class postmasters and as
sistant postmasters and clerks of first
and second class postofflces under civil
service was adopted by tho house today
-ttlng as a committee of, the whole. It
was offered by Representative Cullop of
Indiana, and will come before tire housa
again when it finally passes on the bUt,
-All republicans refrained from voting.
Judge Haney Decides
to Oppose Sterling
"SUTCinSLl., S. D., Jan. 136peclat
Telegram.) After ft confcrAnrw. nf tiir.m
4ays which -was held by the stalwart fae-
tlon nt Huron' 'and Pierre a new candi
date -was announced today for United.
States senator to enter the list against
Thomas flterllntr. Tho matter was laid
before Juflffe Dlolc Honey this afternoon
by a representative of the Taction, and Ita
signified his willingness to enter the rawi
nt this time. Judgo Haheywent out tu
Pierre late this afternoon to get tn touch
with the men who aro backing Ma can
didacy. The stalwarts make the erophatld
declaration that Sterling cannot -win wltW
the support that ho now has.
Judgo naney has just retired from tho
supreme bench of the state, whore hu
served for eighteen years, and it Is be
lieved his friends In this section of th
stato will stand loyal to him as a caadU
date. It Is strongly Intimated that Gov
ernor Byrne will also announce his can
didacy In the course of another dayanct
that the full strength- of the stalwart
will be centered .on him.
S0UTHMAYDE TAKES STAND
IN -HIS OWN DEFENSE
8TURGIH, H. D.. Jn. IS.-(tfiecIal Ttlr.
gram.)-ln tho Southmayde murder use
In olrcult cour ttoday tho defense Intro
duced testimony that Southmayde w..s
subject to epilepsy. The defendant on IIih
stand said that jn his return from get
ting the cows 011 Jpne 9Ji!vrife was not
In tho house; that after a search tn
found her lying dead In a field with a
revolver by her side; that he put h r
body In a little express wagon and hauled
her to the house and put hor on a bed.
where slie wns wljon the-curoner rtachot
Hit- cmie. He nald lie hajd a fit th.-i
meriting irior tu tho trsgnUy nnd claim, 1
iwt tu nmembn th rtatembuls that Mrx.
.-'tiiithmavds shut herself 01; Hk- bU.
The stato lias a signed statement, which
o not admitted on objection by tho